TERMS OF USE You have accessed the Terms and Conditions applicable to the websites of Trail Associates. The websites include trailassociates.com, tareis.com, tacbc.com, and any additional websites owned and/or operated by Trail Associates. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY AS THEY GOVERN YOUR USE OF ANY AND ALL TRAIL ASSOCIATES WEBSITES. BY USING TRAIL ASSOCIATES WEBSITES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, AND ANY SUPPLEMENTAL TERMS AND CONDITIONS THAT MAY GOVERN YOUR USE OF THE PARTICULAR TRAIL ASSOCIATES WEBSITE, AS THESE TERMS AND CONDITIONS MAY BE MODIFIED BY TRAIL ASSOCIATES FROM TIME-TO-TIME AND POSTED ON THIS OR THE APPLICABLE TRAIL ASSOCIATES WEBSITE. Each user of a Trail Associates Website agrees as follows: 1. Copyrights and Other Intellectual Property. Except as otherwise noted in a Trail Associates Websites, all information, documentation and other content posted in a Trail Associates Website (collectively, the "Information") is the property of Trail Associates. Without limiting the foregoing, the graphics, icons and overall appearance of the Trail Associates Website are the property of Trail Associates. The posting of Information does not constitute a waiver of any of Trail Associates' proprietary rights in or related to such Information (such as, but not limited to, patents, copyrights and trademarks) or a transfer of any such rights to you or any third party. The Information is protected by U.S. and international copyright laws, both as individual works and as a collection. You agree not to delete any copyright or similar notice from any Information. You may not sell or republish, or copy for other than your own individual use, the Information or any portion thereof without the prior written consent of Trail Associates. Written requests for reprint or other permissions should be mailed, faxed or emailed to: Legal Department Email: legal@trailassociates.com 2. Links to Other Websites. Periodically, links may be established between a Trail Associates Website and one or more websites operated or content provided by third parties. For purposes of these Terms and Conditions, the term "link" includes both outlinks (hypertext links to external websites or content) and inlinks (hypertext links that draw material from other sources into a Trail Associates Website). Trail Associates has no control over any such other websites, their contents or their operators and will have no liability arising out of or related thereto. The existence of any such links does not constitute an endorsement of such websites, the contents of the websites or the operators of the websites. Please note that each of these websites maintains its own privacy and data collection policies and procedures. If you visit a third party website that is linked to a Trail Associates Website, Trail Associates' privacy policies will no longer apply, and you should consult that site's privacy policy, if any. 3. Use of Trail Associates' Corporate Logo and Other Marks. Trail Associates names, logos, designs, slogans, trademarks and service marks may not be used in any advertising, publicity or promotion or in any other commercial manner without the prior written consent of Trail Associates. Trail Associates' corporate logo may be used as a web page link in some circumstances, provided you obtain Trail Associates' prior written consent. 4. User Registration and Account Creation, User Name ID and Password Security. Should any portion of a Trail Associates Websites provide for registration and the creation of a user account and you wish to register and create a user account, you agree that you will provide Trail Associates with certain registration information, all of which will be accurate, truthful, and current. You agree that you will not: (i) select a username that, to your knowledge, is already used by another person; (ii) use a username in which another person has rights without such person's authorization; or (iii) use a username or password that Trail Associates, in its sole discretion, deems offensive or inappropriate. Trail Associates has no obligation to verify the authenticity of any registration information, but reserves the right to refuse to create your account for any reason, including an inability to verify the authenticity of your registration information. You are solely responsible for maintaining the confidentiality of your passwords. Trail Associates will have the right to rely upon any information received from any person using a password assigned to you and will incur no liability arising out of such reliance. Trail Associates reserves the right to terminate access to all or any portion of a Trail Associates Websites in its sole discretion, at any time without notice. Where applicable for a specific Trail Associates Website, Trail Associates will handle user information that you submit in accordance with the website's Privacy Policy. 5. Designated Agent For Notice Of Alleged Copyright Infringement. Trail Associates respects the intellectual property of others and we expect visitors to our web pages to do the same. Trail Associates reserves the right, in its sole discretion, to remove, take down or delete material transmitted to Trail Associates by any electronic means or posted into any portion of a Trail Associates Website that Trail Associates believes in its sole judgment may infringe on the intellectual property rights of Trail Associates or others. If you believe that a Trail Associates Website has been used to infringe your copyrighted work, please notify Trail Associates as soon as the allegedly infringing activity comes to your attention. Notice should be provided to Trail Associates' copyright notice agent in the manner prescribed below. Your notice should contain the following information and any other information you believe is appropriate to assist Trail Associates: A physical or electronic signature of the person submitting the notice of the alleged infringed right. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single site are covered, a representative list of such works at that site. Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or to which access should be disabled, and information reasonably sufficient to permit Trail Associates to locate the material. Your address, telephone number, and if available, an electronic mail address at which you may be contacted, or other information reasonably sufficient to permit Trail Associates to contact you. A statement that you, in good faith, believe that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law. A statement by you, made under penalty of perjury, that the
above information in your notice is accurate and that you
are the copyright or intellectual property owner or authorized
to act on the copyright or intellectual property owner's behalf. This notice is issued pursuant to the Online Copyright Infringement Liability Limitation Act (OCILLA) and will be interpreted by Trail Associates to meet the requirements of OCILLA in Trail Associates' judgment. 6. Third Party Products and Services. From time to time, products and services provided by third parties (the "Third Party Services") may be offered for sale or made available through or by links from a Trail Associates Website. Except to the extent expressly stated otherwise on a Trail Associates Website, Trail Associates has no control over any such Third Party Services. In no event will Trail Associates have any liability arising out of or related to the Third Party Services. Any such offer of the Third Party Services does not constitute an endorsement by Trail Associates of the Third Party Services or the providers thereof. 7. Non-Confidentiality of Communications. If you send a message or information to a Trail Associates Website, such as (but not limited to) an e-mail to the Webmaster, you hereby grant to Trail Associates the right to read, use, distribute, disclose, store, keep and otherwise handle the communication and any related information as Trail Associates deems appropriate in its sole judgment, except to the extent the Trail Associates Website provides specific other protections for messages or other information in the Website privacy policy. YOU ARE HEREBY ADVISED THAT, EXCEPT TO THE EXTENT EXPRESSLY PROVIDED OTHERWISE ON A TRAIL ASSOCIATES WEBSITE, NO FACILITIES ARE PROVIDED AND NO PROVISIONS ARE MADE FOR SENDING OR RECEIVING CONFIDENTIAL COMMUNICATIONS. TO THE EXTENT SUCH FACILITIES ARE PROVIDED OR PROVISIONS ARE MADE, IT IS SOLELY ON AN "AS IS" BASIS, WITH NO WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED. 8. No Warranties; Limitation of Liability. Although Trail Associates attempts to provide useful Information, Trail Associates does not guarantee that the Information is accurate, current or suitable for any particular purpose. Trail Associates assumes no obligation to update or continue to post the Information. Trail Associates does not guarantee that access to any Trail Associates Website will be uninterrupted, that any Trail Associates Website will be free of viruses or that a Trail Associates Website cannot be tampered with by third parties. While Trail Associates has implemented security measures designed to protect most information sent to the Trail Associates Websites, Trail Associates does not guarantee that information sent to a Trail Associates Website will not be obtained, reviewed, disclosed or tampered with by third parties. THE TRAIL ASSOCIATES WEBSITES, THE INFORMATION AND ANY SOFTWARE RELATED THERETO ARE PROVIDED ON AN "AS IS" BASIS, WITH NO WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR ACCURACY OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. USE OF THE TRAIL ASSOCIATES WEBSITES, THE INFORMATION AND SUCH SOFTWARE IS AT THE USER'S SOLE RISK. IN NO EVENT WILL TRAIL ASSOCIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO ANY TRAIL ASSOCIATES WEBSITE (INCLUDING, BUT NOT LIMITED TO ANY SOFTWARE RELATED THERETO), ANY WEBSITE OPERATED BY A THIRD PARTY OR ANY INFORMATION CONTAINED IN ANY TRAIL ASSOCIATES WEBSITE OR ANY OTHER WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER UNDER A CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EVEN IF Trail ASSOCIATES IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. 9. Choice of Law; Access Restrictions. These Terms and Conditions will be construed in accordance with the substantive laws of the State of New Jersey, United States of America, excluding provisions of New Jersey law concerning choice-of-law that would result in the laws of any state other than New Jersey being applied. However, the Uniform Computer Information Transactions Act (or any substantially similar law enacted by New Jersey) will not apply to these Terms and Conditions, and instead the law of New Jersey as it exists without reference to the Uniform Computer Information Transactions Act will apply. TRAIL ASSOCIATES OPERATES THE TRAIL ASSOCIATES WEBSITES FROM ITS OFFICES IN THE STATE OF PENNSYLVANIA OF THE UNITED STATES OF AMERICA. TRAIL ASSOCIATES MAKES NO REPRESENTATION OR WARRANTY THAT THE INFORMATION IS APPROPRIATE OR LEGALLY AVAILABLE FOR DISTRIBUTION, DISPLAY OR USE IN LOCATIONS OTHER THAN THE UNITED STATES OF AMERICA, AND ACCESS TO THE INFORMATION FROM JURISDICTIONS WHERE SUCH ACTIVITIES ARE NOT LEGAL IS STRICTLY PROHIBITED. IF YOU ACCESS OR USE ANY INFORMATION FROM A TRAIL ASSOCIATES WEBSITE, YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT SUCH ACCESS AND USE IS PERMISSIBLE UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED. 10. Export Laws. Software and encryption codes from the Trail Associates Websites may be subject to United States export control laws and regulations ("Export Laws"). No software or encryption codes from may be downloaded from any Trail Associates Website or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders; or (iii) in a manner that otherwise violates the Export Laws. By downloading or using any such software or encryption codes, you represent and warrant that you will comply with all applicable Export Laws related thereto. 11. Supplemental Terms and Conditions. Supplemental or different terms and conditions than those set forth in these Terms and Conditions may be applicable to information you receive or transactions you engage in using a Trail Associates Website. Any such supplemental or different terms and conditions (i) will be disclosed to you, either by being posted on the applicable Trail Associates Website or by being included in a separate agreement, (ii) will be in addition to these Terms and Conditions and (iii) may, where so indicated, expressly supersede specific portions of these Terms and Conditions. 12. General. The provisions of these Terms and Conditions are severable. If any such provision is determined to be unenforceable, such unenforceability will not affect any other provision of these Terms and Conditions, and the Terms and Conditions will be construed as if such unenforceable provision had not been contained herein. No waiver by Trail Associates of any right under or provision of these Terms and Conditions will be deemed to be either a waiver of any other such right or provision or a waiver of that same right or provision at any other time. |
