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TRYTEN TECHNOLOGIES INC. WEBSITE TERMS AND CONDITIONS OF USE

Welcome to Tryten.com (the “Website”)! This Website, together with all content, information and services that may be made available on or through the Website, is provided by Tryten Technologies Inc. (“Tryten”) on the condition that you accept the terms and conditions of use set out below.

1. ACCEPTANCE OF TERMS AND CONDITIONS

By accessing, reading and making use of this Website, you are deemed to have reviewed, understood and accepted, on your own behalf and on behalf of any person (and for purposes of these Terms of Use, “person” includes natural persons and any type of incorporated or unincorporated entity) on whose behalf you may be acting, these Terms of Use and agreed with Tryten to be bound hereunder.

If you do not wish to be bound by these Terms of Use, you may not use this Website.

2. CHANGES TO TERMS OF USE AND WEBSITE

Tryten reserves the right, exercisable at any time at its sole discretion, to add to or remove, modify or otherwise change any part of these Terms of Use. Changes will be effective immediately at such time as the Terms of Use are posted on this Website. You should check the Terms of Use for changes by checking the date this page was last updated. If any change to the Terms of Use is not acceptable to you, you must discontinue your use of this Website immediately. Your continued use of this Website after any changes to the Terms and Conditions will constitute your unqualified acceptance of the changes.

Tryten may terminate, change, suspend or discontinue any aspect of this Website at any time without notice. Without limiting the generality of the foregoing, Tryten may change the availability of any features, institute new, or amend existing, fees or charges for the use of the Website or any features included in the Website, add, remove, modify or otherwise change any content on this Website, and impose limits on certain features or restrict access to parts or all of this Website. Tryten reserves the right, but not the duty, to correct any errors or omissions in any portion of this Website at any time without notice.

3. OTHER AGREEMENTS

These Terms of Use are in addition to and supplementary to any other agreements that you or any persons you represent have or may enter into with Tryten concerning your dealings with Tryten, including any information, products or services provided by Tryten. In the event of any inconsistency or conflict between the provisions of these Terms of Use and the provisions of any other agreement that you or any persons you represent have with Tryten, the provisions of these Terms of Use shall govern regarding your access to and use of the Website.

4. WEBSITE USER ACCOUNTS

To access certain features of this Website, you may have to register for a user account and create a password. When registering for your user account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your user account, and you must keep your account password secure and not disclose it to any person or permit any other person to use it. You must notify Tryten immediately of any breach of security or unauthorized use of your user account. Although Tryten will not be liable for your losses caused by any unauthorized use of your user account, you may be liable for the losses of Tryten or others due to such unauthorized use.

5. OWNERSHIP OF WEBSITE CONTENT

The Website and all information (whether communicated through text, graphics, video, audio or other media), images, icons, software, designs, applications, source code, models, data, and other elements available on or through the Website (collectively, the “Works”) are the property of Tryten and others, and are protected by American and international copyright, trademark, and other laws. The Tryten logos are trade-marks of Tryten, and may not be used without the express written permission of Tryten. Your use of the Website does not transfer to you any ownership or other rights in the Works, the Website or its content. Other product and company names and logos appearing on the Website may be registered or unregistered trademarks, service marks, trade names and logos of their respective owners. Any use of the trademarks, service marks, trade names official marks or logos displayed on the Website (collectively “Marks”), except as expressly provided in these Terms of Use, is strictly prohibited. Nothing appearing on the Website or elsewhere will be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Marks. Tryten grants you a limited licence to use, download, print, or reproduce, in whole or in part, the Works contained on this Website, subject to the following conditions:

  1. they must identify Tryten as the source;
  2. they must be used or reproduced accurately, without any modification; and
  3. they must be used exclusively for non-commercial purposes.

Tryten’s prior written consent is required for the use of Works for any purpose not expressly permitted above, such as for any commercial purpose whatsoever.

6. THIRD PARTY WEBSITES

This Website may include links to other websites or resources and businesses operated by third parties and persons other than Tryten (collectively “Third Party Websites”). Third Party Websites are independent from Tryten, and Tryten has no responsibility or liability for or control over Third Party Websites, their business, goods, services, or content. Your use of Third Party Websites and your dealings with the owners or operators of Third Party Websites is at your own risk, and you will not make any claim against Tryten arising from, connected with, or relating to your use of Third Party Websites or your dealings with the owners or operators of Third Party Websites. Tryten makes no representations or warranties regarding, and does not endorse, any Third Party Websites, the contents thereof, the information appearing thereon or any of the products or services described thereon. Links to Third Party Websites do not imply that Tryten sponsors, endorses or is affiliated or associated with the person that owns or is responsible for such Third Party Website. If you decide to visit any linked Third Party Websites, you will do so at your own risk.

7. LINKING TO WEBSITE

You may link to this Website provided you comply with the linking conditions described below (collectively, the “Website Linking Terms”):

  1. A link may be established to the following home page of this Website at https://tryten.com/;
  2. If you link to this Website, your website:
    1. may not imply that Tryten is endorsing you or your products or services;
    2. may not imply an affiliation between you or any entity on whose behalf you may be acting without the prior written consent of Tryten;
    3. may not misrepresent your relationship with Tryten or present false or misleading impressions about Tryten or its services; and
    4. may not contain content that is illegal or may be interpreted as distasteful or offensive;
  3. Tryten shall have no responsibility or liability for any content appearing on your website;
  4. Tryten may, at any time and in its sole discretion, immediately terminate your right to link to this Website, with or without cause. If Tryten exercises this right, you will immediately remove all links to this Website; and
  5. Without limiting the generality of the foregoing, regardless of whether a link has been permitted by Tryten, Tryten is not responsible for the contents of any website that is linked to this Website. Tryten makes no representations or warranties, and does not endorse, any website that is linked to this Website, the contents of any such website, the information appearing on any such website or any of the products or services described on any such website. The fact that a website is linked to this Website does not imply that Tryten sponsors, endorses or is affiliated or associated with the entity that owns or is responsible for the website.

By linking to this Website, you will be deemed to have reviewed, understood and accepted, on your own behalf and on behalf of any person on whose behalf you may be acting, the Website Linking Terms and agreed with Tryten to be bound hereunder.

8. DISCLAIMER

YOUR USE OF THIS WEBSITE IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE AND CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. TRYTEN DOES NOT WARRANT THAT THE WEBSITE OR CONTENT CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, MALWARE, SPYWARE OR OTHER HARMFUL COMPONENTS.

WITHOUT LIMITING THE FOREGOING, TRYTEN DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, THE ABILITY TO USE, OR THE RESULT OF USE OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. TRYTEN MAY MAKE CHANGES OR IMPROVEMENTS TO THE CONTENT, THE WORKS OR THE WEBSITE AT ANY TIME. TRYTEN MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

9. LIMITATION OF LIABILITY

TRYTEN, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS AND REPRESENTATIVES, AND ANYONE FOR WHOM ANY OF THE FOREGOING IS RESPONSIBLE AT LAW, WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, OR DAMAGES ARISING FROM OR IN CONNECTION WITH ANY (A) ERRORS OR OMISSIONS IN CONTENT CONTAINED IN THIS WEBSITE OR THE WORKS, (B) ANY UNAUTHORIZED ACCESS TO OR USE OF TRYTEN’S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (C) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM TRYTEN’S WEBSITE, (D) ANY VIRUSES, TROJAN HORSES, MALWARE, SPYWARE, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THIS WEBSITE BY ANY THIRD PARTY, OR (E) FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS WEBSITE. THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE LEGAL THEORY GIVING RISE TO THE DAMAGES, AND EVEN IF TRYTEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT TRYTEN, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS AND REPRESENTATIVES, AND ANYONE FOR WHOM ANY OF THE FOREGOING IS RESPONSIBLE AT LAW, SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

10. INDEMNITY

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS TRYTEN, I ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS AND REPRESENTATIVES, AND ANYONE FOR WHOM ANY OF THE FOREGOING IS RESPONSIBLE AT LAW, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL), OBLIGATIONS, JUDGMENTS, LOSSES, LIABILITIES, COSTS OR DEBT, LEGAL FEES AND OTHER EXPENSES ARISING FROM OR IN CONNECTION WITH: (A) YOUR USE OF AND ACCESS TO THE WEBSITE; (B) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING, WITHOUT LIMITATION, ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; OR (C) ANY CLAIM THAT YOU DID NOT HAVE THE RIGHT TO PROVIDE ANY USER CONTENT OR THAT YOUR USER CONTENT CAUSED DAMAGE TO A THIRD PARTY. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS AND YOUR USE OF THE WEBSITE INDEFINITELY. IN THE FOREGOING CASE, TRYTEN WILL PROVIDE YOU WITH WRITTEN NOTICE OF SUCH CLAIM, SUIT OR ACTION.

11. GENERAL

  1. AGE

    You acknowledge and agree that you are either 18 years of age or older, or else possess parental or guardian consent to agree to these Terms of Use and access and use the Website, and are otherwise fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use to the fullest extent.

  2. ASSIGNMENT

    You may not transfer or assign any rights or delegate any obligations under these Terms of Use to any other person without Tryten’s prior written consent.

  3. SEVERABILITY

    In the event any provision contained in these Terms of Use is determined to be invalid, such invalidity will not affect the validity of the remaining portions of these Terms of Use, and you and Tryten hereby agree to substitute for the invalid provision, the provision that most closely approximates the intent and economic effect of the invalid provision.

  4. CHOICE OF LAW

    These Terms of Use and the performance of the covenants contained herein shall be governed by and construed in accordance with the laws of the State of Washington and the federal laws of The United States of America applicable therein, without regard to any provision regarding conflict of laws. The courts located in the City of Seattle, in the State of Washington, shall have exclusive jurisdiction to hear any disputes arising under these Terms of Use.

ENTIRE AGREEMENT

The terms and conditions contained in these Terms of Use supersede all prior or contemporaneous agreements, representations, warranties and understandings relating to the subject matter contained herein. Notwithstanding the foregoing, the purchase and use of any product manufactured and marketed by Tryten (whether purchased using the Website or otherwise) is also subject to the terms and conditions contained in Tryten’s Terms of Sale and Terms of Use, copies of which can be found here: https://tryten.com/terms, as well as the terms and conditions of the Warranty provided by Tryten with the Product, if any. No amendment to or modification of these Terms of Use will be binding unless in writing and signed by Tryten or a duly authorized representative of Tryten. Any translation of these Terms of Use is done for local requirements and in the event of a dispute between the English and the non-English version of these Terms of Use, the English version will govern to the extent not prohibited by applicable law.

  1. Terms and Conditions of Product Use

    The following terms and conditions apply to the usage of all Tryten products:


Terms of Use

  1. Terms and Conditions of Sale

    The following terms and conditions apply to all Tryten Sales:


Terms of Sale

  1. Purchase Order Terms and Conditions

    The following terms and conditions apply to all Tryten Sales:


Purchase Order Terms