Terms of Use | Trinal Inc. - Diversity, Equity and Inclusion Consulting Company

Overview

Welcome to the Trinal, Inc. web site! This web site (www.trinalinc.com, or any replacement site, the “Site”), is operated by Trinal, Inc. and its affiliates (collectively, “Trinal,” “we,” or “us”) to provide you with information about us, our products, our company and its history, and our future plans. The Site is also operated to give authorized users access to our Global Project Tracking System and to other Internet-based software applications that we may develop and make available from time to time. Your access to and use of the Site is governed by and subject to these terms and conditions of use (these “Terms of Use”). Please read these Terms of Use carefully and thoroughly. BY ACCESSING AND USING THE SITE, YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE AND THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU AGREE THAT YOU MAY NOT CONTINUE TO ACCESS AND USE THIS SITE.

Changes to Terms of Use

We may update these Terms of Use from time to time and may amend them at any time to incorporate additional terms specific to additional features, materials, products, opportunities, or services that we may make available on or through the Site. All such updates and amendments are effective immediately upon notice, which we may give by any means, including, but not limited to, by posting a revised version of these Terms of Use or other notice on the Site. You should view these Terms of Use often to stay informed of changes that may affect you, as your continued use of the Site signifies your continuing consent to be bound by these Terms of Use, as so amended. We expressly reserve the right to make any changes to these Terms of Use, or to the Site and its content, at any time, without prior notice to you.

Access and Use

In these Terms of Use, “you” refers to an individual accessing the Site, regardless of the particular features, materials, opportunities, or services made available on the Site that you choose to browse, use, or take advantage of. To the extent applicable, “you” also includes the corporation or other legal entity (your “Company”), if any, on whose behalf you are accessing the Site. You represent and agree that all information that you provide to us in connection with your access to and use of the Site is, and shall be, true, accurate, and complete to the best of your knowledge and belief. We reserve the right to terminate these Terms of Use, or to refuse, restrict, or discontinue service or access to the Site (or any portions, components, or features of the Site) to you or any other person or entity, for any reason or for no reason whatsoever, at any time, without notice or liability. Failure to comply with these Terms of Use may, among other things, result in the immediate termination of your access to and use of the Site.

Privacy Policy

Information that you provide or that we collect about you and your Company through your access to and use of the Site is subject to our Privacy Policy, the terms of which are hereby incorporated by reference into these Terms of Use. We encourage you to read and become familiar with our Privacy Policy.

Consents

You must be authorized by your employer before accessing the portions of this site that require a user identifier (“User ID”) and password. You may not access the Site using anyone else’s User ID and password unless such access is approved by your employer.

Data Ownership

You agree that we own all right, title, and interest in the Trinal Data (as defined below) and in any modification, compilation, or derivative work of the Trinal Data, including all copyright, trademark, trade secret, and other proprietary rights thereto. We grant you a non-exclusive and non-transferable license to access Trinal Data only for your internal business purposes and in accordance with these Terms of Use and any other licensing agreement that you have entered into with us. You shall at all times protect the integrity, security, and confidentiality of all Trinal Data, and shall create, implement, enforce, and maintain appropriate policies and procedures to ensure such integrity, security, and confidentiality. For the purposes of this agreement, “Trinal Data” means all records, data, files, input materials, processed data, reports, and forms, including any data that you submit or post to the Site, that we aggregate or compile in order to carry out the services regularly provided by us to our customers. While you may own the rights to any raw data that you transmit to us, you grant us a license to use this transmitted raw data for our business purposes, and you further agree that any of our aggregations, compilations, and analyses of such transmitted raw data constitute Trinal Data.

Customer Agreements

Except with regard to the ownership of or rights in any Trinal Data, if you are currently a Trinal customer, nothing in these Terms of Use supersedes the terms of any agreement that you have personally entered into with us. With respect to the ownership of or rights in any Trinal Data, these Terms of Use are controlling and supersede any conflicting provisions of any other agreement.

Security

Trinal takes such commercially reasonable measures as it deems appropriate to secure and protect information transmitted to and from the Site. Nevertheless, we cannot and do not guarantee that any such transmissions are or will be totally secure. You are responsible for maintaining the confidentiality of any information about you, including your User ID and password used in connection with your use of the Site, and you are fully responsible for all access and any activity that occurs through use of your User ID or password. You agree to immediately notify us of any unauthorized use of your User ID or password, or of any breach of Site security or of these Terms of Use, of which you become aware. We will not be liable for any loss or damage arising from any unauthorized access or use of your User ID or password.

Proprietary Content

Trinal respects the intellectual property rights of others and expects you to do the same. We have expended substantial time, effort, and funds to create the Site and to collect and provide the Content (as defined below) that is available on or through the Site. You understand and agree that we own, or (where applicable) we have lawfully licensed from third parties, all right, title, and interest in and to the Site and the Content. You acknowledge that the Content constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries, and that you acquire no ownership interest by accessing and using the Site and the Content. Such intellectual property and proprietary rights may include, but are not limited to, patents, copyrights, trademarks and service marks, trade dress protection, and trade secrets, and all such rights are and shall remain the property of Trinal or its licensors and content-providers. For the purposes of these Terms of Use, “Content” means all information, text, data, databases, graphics, images, sound recordings, audio and visual clips, logos, software, opportunities, features, services, and any other materials contained within the Site, and the compilation, collection, design, selection, and arrangement of such materials.

Use of Content

Trinal grants you a limited license to access and make personal use of the Site and the Content solely for legitimate purposes consistent with the reasonably inferable intended purposes of the Site and the Content. Any other access to or use of the Site or the Content constitutes a violation of these Terms of Use. No business or professional relationship is created in connection with any provision of the Content. The Content is provided exclusively with the understanding that Trinal is not thereby engaged in rendering professional advice or services to you. Nothing in the Content should be used in or construed as an offer to sell, or a solicitation of an offer to buy, securities or other financial instruments or any advice or recommendation with respect to any securities or financial instruments. Except as expressly provided for in these Terms of Use, any alteration, modification, reproduction, redistribution, retransmission, redisplay, or other use of any portion of the Site or the Content in any other manner, or for any other purpose, constitutes an infringement of our intellectual property and other proprietary rights and is strictly prohibited. Other than as necessary and required to facilitate your personal use of the Site, you may not reproduce, perform, create derivative works from, republish, upload, post, mirror, archive, retransmit, or redistribute in any way whatsoever any Content or any portion of the Site without the express, prior written permission of Trinal. Use of the Content, or any portion thereof, on any other web site or other networked computer environment is prohibited without our express, prior written permission. Accessing, using, or copying any portion of the Site or of the Content through the use of bots, spiders, web crawlers, indexing agents, or other automated devices or mechanisms is strictly prohibited. You agree not to remove or modify any copyright notice or trademark legend, author attribution, or other notice placed on or contained within any of the Content. Except as expressly authorized by us in writing, in no event shall you reproduce, redistribute, duplicate, copy, sell, resell, or exploit for any commercial purpose any portion of the Site or the Content, or access to or use of the Site or the Content.

Use of Sample Versions of Trinal Software

We grant you a license to use any “sample” or “demo” versions of our software applications (“Sample Software”) that we may make available on this Site from time to time, but only for your Company’s internal business use and only to evaluate the potential utility of the Sample Software to your Company. Sample Software constitutes Content; thus your use of any Sample Software is subject to the obligations with respect to Content that are set forth in these Terms of Use. Furthermore, you understand and agree that your use of Sample Software does not impose any obligations upon Trinal, and that we are not responsible in any way for the integrity or security of any data that you use to evaluate the Sample Software, even if we receive such data during the course of your use of the Sample Software.

Use of Submissions

By submitting any information or material to the Site or to Trinal either by email, telephone, or other mode or medium of communication, or through access to and use of the Site or the Content (including, but not limited to, access to, use of, and responses to, any available pages, applications, bulletin boards, or surveys conducted by us, and submitting or posting feedback, questions, comments, suggestions, ideas, resumes, graphics, text, software, computer files, or other material of any type), you thereby expressly grant Trinal, or warrant that the owner of such material has expressly granted Trinal, a royalty-free, fully-paid, perpetual, irrevocable, non-exclusive right and license to use, make and have made, reproduce, modify, create derivative works from, adapt, publish, translate, and distribute such material (in whole or in part) worldwide and to incorporate it in other works in any form, media, or technology now known or hereafter developed, subject to our Privacy Policy.

User Conduct

In connection with your access to and use of the Site and that of any person authorized by you to use the Site, you are responsible for compliance with all applicable laws, regulations, and policies of all relevant jurisdictions. Recognizing the global nature of the Internet, you agree to comply with all applicable local rules regarding online conduct and acceptable content. Among other things, you specifically agree that while accessing or using the Site you will not:

restrict or inhibit any other user from using or enjoying the Site;
represent yourself as another or as a fictitious individual, unless you are participating in an area of the Site that requires or encourages anonymity;
disrupt or interfere with the Site or its operation or availability, or alter or tamper with the Content;
post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, harassing, or otherwise objectionable information of any kind, including, but not limited to, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law;
post or transmit any information which is invasive of another’s privacy or publicity rights or that otherwise violates or infringes in any way upon the rights of others;
post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes, or other unsolicited commercial communication, or engage in spamming, flooding, or any denial of service attack;
post or transmit any data or information out of the country in which you reside in violation of applicable law;
post or transmit any data that contains the personal information of a child under 13 years of age;
post or transmit any data or software that cannot be exported without prior written government authorization, including, but not limited to, software containing encryption capability; and
post or transmit any information or software which contains a virus, trojan horse, worm, or other disabling device or harmful component.

The above assurances and commitments by you shall survive termination of these Terms of Use.

Linked Sites

For your convenience, certain hyperlinks may be provided on the Site which link to other web sites that are not under the control of Trinal. We do not endorse or sponsor such web sites and we are not responsible for the availability, accuracy, content, or any other aspect of such web sites. Trinal disclaims all liability for such web sites, for all access to and use thereof, and for use of the links to such web sites. We also disclaim all liability, and make no representations or warranties, with respect to any products or services made available, sold, or provided to you by any third party. Your use of other web sites, and the decision to provide services to a company or to contribute to such other web sites, or purchase products or services on or through such other web sites, is subject to those web sites? terms and conditions. You agree that you will bring no suit or claim against us arising from or based upon any such use of other web sites. Hyperlinks to other web sites that are provided on the Site do not imply that: (a) we are affiliated or associated with any linked sites; (b) we are legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in connection with or accessible through such links; or (c) any linked site is authorized to use any of our trademarks, trade names, logos, or copyrights.

Links to the Site

We grant you a limited, revocable, nontransferable, nonexclusive license to include a hyperlink on your own web site to the home page of the Site, provided that you do not: (a) “deep link” to any other page of the Site; (b) “frame” the Site or any Content or otherwise cause the Site or any Content to appear in a window with any other material that does not constitute Content; (c) cause the hyperlink to the Site, or cause any portion of the Site or the Content, to be displayed in any way that is disparaging to Trinal or any entity that is part of or associated with us; or (d) without our prior written approval, imply or state that you have any type of relationship or special arrangements with us or with any entity that is associated with us. We may request that you promptly remove any hyperlink to the Site at any time and for any reason, and you agree that you will promptly carry out such request. In no event will you use our logo or any other Trinal trademark as a hyperlink “button,” or in any other manner, without our express written consent.

Disclaimer

Although we strive to make the Site and the Content reasonably helpful, useful, reliable, and current, you understand and agree that your access to and use of the Site and the Content are at your own initiative and risk. We do not make any promise, covenant, representation, warranty, or guarantee that you or any other user of the Site will obtain any particular or tangible result or goal through the use of the Site, or obtain any other product or service in connection with use of the Site. It is your responsibility to take appropriate precautions to ensure that any Content that you access, use, download, or otherwise obtain on or through the Site and Trinal are: (a) up-to-date, accurate, complete, reliable, and suitable to and appropriate for the purpose that you or your Company may desire to use them; and (b) free of viruses and other disabling devices and destructive routines.

THE SITE AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OR GUARANTIES, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT REPRESENT, WARRANT, OR COVENANT THAT: (I) THE SITE OR THE CONTENT ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, RELIABLE, OR APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU OR YOUR COMPANY MAY CHOOSE TO PUT THEM; (II) THAT THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS; (III) THAT ANY DEFECTS IN THE SITE OR IN THE CONTENT WILL BE CORRECTED; OR (IV) THAT THE SITE AND THE CONTENT ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS.

Limitation of Liability

IN NO EVENT SHALL TRINAL, ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF EACH OF THE FOREGOING, BE LIABLE TO YOU, YOUR COMPANY, OR ANY THIRD PARTY FOR ANY LOSSES OR DAMAGES, ALLEGED UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR USE OF, OR RELIANCE ON, THE SITE OR THE CONTENT; (B) OUR PERFORMANCE OF OR FAILURE TO PERFORM OUR OBLIGATIONS IN CONNECTION WITH THESE TERMS OF USE; (C) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITE OR OF THIRD PARTIES; OR (D) YOUR PURCHASE AND USE OF ANY GOODS OR SERVICES PROVIDED BY THIRD PARTIES.

UNDER NO CIRCUMSTANCES SHALL TRINAL, ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF EACH OF THE FOREGOING, BE LIABLE TO YOU, YOUR COMPANY, OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES OR COSTS (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DATA, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF USE, BUSINESS INTERRUPTION, AND CLAIMS OF THIRD PARTIES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR THE USE OF THE SITE OR THE CONTENT, OR THE TRANSMISSION OF INFORMATION TO OR FROM THE SITE OVER THE INTERNET, EVEN IF WE WERE ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS. IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE LIABILITY OF TRINAL, ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF EACH OF THE FOREGOING, SHALL BE LIMITED IN ACCORDANCE WITH THESE TERMS OF USE TO THE FULLEST EXTENT PERMITTED BY LAW.

WITHOUT LIMITING ANY OF THE FOREGOING, IF TRINAL, ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, AND OTHER SIMILAR ENTITIES, OR ANY OF THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF ANY OF THE FOREGOING, IS FOUND LIABLE TO YOU OR TO ANY THIRD PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THESE TERMS OF USE, THE SITE, OR YOUR USE OF THE SITE, THE MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS SHALL NOT EXCEED $100 IN ANY CALENDAR YEAR.

Indemnification

You agree to defend and indemnify Trinal, and our officers, directors, employees, representatives, and agents, against all claims, demands, suits, or other proceedings, and all resulting loss, damage, liability, cost, and expense (including reasonable attorneys’ fees), made by any third party due to or arising out of: (a) content, data, or information that you submit, post to, or transmit through the Site; (b) your access to and use of the Content, the Site, and other materials, products, and services available on or through the Site and Trinal; (c) your violation of these Terms of Use; or (d) your violation of any rights of any third party. We reserve, and you grant to us, the right to assume exclusive defense and control of any matter subject to indemnification by you. All rights and duties of indemnification that are set forth herein shall survive termination of these Terms of Use.

Miscellaneous

These Terms of Use and the Privacy Policy (as each may be revised and amended from time to time according to their respective terms) collectively constitute the entire agreement with respect to your access to and use of the Site and the Content. Our electronically or otherwise properly stored copy of these Terms of Use shall be deemed to be the true, complete, valid, authentic, and enforceable copy, and you agree that you shall not contest the admissibility or enforceability of our copy of these Terms of Use in connection with any action or proceeding arising out of or relating to these Terms of Use. Except as expressly provided for herein, these Terms of Use do not confer any rights, remedies, or benefits upon any person other than you, and we may assign our rights and duties under these Terms of Use at any time to any third party without notice. You may not assign these Terms of Use without the prior written consent of Trinal. These Terms of Use shall be binding on and inure to the benefit of the parties hereto and their respective successors and assigns. Should any provision of these Terms of Use be held to be void, invalid, unenforceable, or illegal by a proper legal authority, the validity and enforceability of the other provisions hereof shall not be affected. You are responsible for complying with any and all laws of the jurisdiction from which you are accessing the Site and any other jurisdiction whose laws apply to you or your actions. You agree that you will not access or use the Site or the Content in violation of the aforementioned laws or these Terms of Use.

Jurisdiction

The Site is maintained, operated, and controlled by us in the State of Illinois. These Terms of Use shall be governed by and construed under the laws of the State of Illinois (except to the extent preempted by United States federal law), without regard to conflicts of law principles or rules. Any legal action brought by you that arises out of or relates to these Terms of Use and your access to and use of the Site or the Content must be commenced within one year after the cause of action arises. You and Trinal each hereby expressly consent and irrevocably submit to the exclusive jurisdiction of the state and federal courts sitting in the State of Illinois for resolution of any matters related to interpretation, construction, or enforcement of these Terms of Use or otherwise in connection with these Terms of Use, the Privacy Policy, or otherwise related to or in connection with your access to and use of the Site and the Content. You and Trinal each expressly waive any claim that venue in these courts is improper for any reason.

Waiver of Jury Trial

YOU KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF THESE TERMS OF USE.

Questions Regarding the Site or these Terms

Please contact us with any questions regarding the Site or these Terms of Use by email at Info@trinalinc.com or by calling 312-738-0500.

Acknowledgement

BY USING AND ACCESSING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND THE PRIVACY POLICY.

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