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TERMS OF USE
Updated February 22, 2023

 

Thank you for choosing the services of TRI-FECTA® as defined below (the “Services”). These Services are provided by TRI-FECTA® Consulting, LLC (“TRI-FECTA®”, "us", "we", or "our") based in Houston, Texas, USA. We make no representation that the information contained in the Services or your access to the Services is appropriate for you. You are responsible for compliance with all laws that apply to your point of access.

Please read these Terms of Use (the “Terms”) carefully before using the Service. These Terms apply to all visitors, users and others who access or use our Services and govern your relationship with TRI-FECTA®. This is a binding agreement between you and TRI-FECTA® Consulting, LLC and applies to your use of our Services via computer, mobile device or otherwise. By accessing or using our Services, you are agreeing to be bound by these Terms, and are consenting to our treatment of your personal information and technical information as described in or Privacy Policy. If you do not agree with any part of the Terms of Use or with our Privacy Policy, please do not use our Services.

Use of the Services
TRI-FECTA® enables you to author, share and preserve stories and documents consisting of any combination of text, audio, video, photos or digital art (your “Story” or “Document”) uploaded by you or by people you invite to contribute. TRI-FECTA® will consolidate all information provided into a keepsake, hardbound book or (for businesses) professional documents for your use and distribution.

Restrictions on Use
As an essential condition of using our Services, in addition to the representations and warranties with respect to any content you provide for the Services (as set out below), you agree that you will not:

  • Copy, scrape, modify or publicly distribute all or part of the Services for any purpose;

  • Use any process or means, whether automated or manual, to capture data of any other user of the Services for any reason;

  • Access, tamper with or use non-public areas of the Services, our systems or technical delivery systems of our service providers;

  • Use any process or code to damage, disable, impair or otherwise attack the Services or the networks connected to the Services;

  • Transfer, sublicense, lease, lend, rent or otherwise distribute the Services to any third party;

  • Decompile, reverse-engineer, disassemble or create derivative works of the Services;

  • Make the functionality of the Services available to multiple users through any means;

  • Use the Services to engage in unauthorized commercial communications or to “spam” other users; or

  • Use the Services in any unlawful manner, for any unlawful purpose or in any manner consistent with these Terms.

 

You agree to comply with applicable laws and regulations and not participate in, facilitate or further illegal activities with respect to the Services. You also agree to notify us immediately if you learn of a security breach or other illegal activity on the Services.

You acknowledge and agree that TRI-FECTA® can take any technical, legal or other action that we deem, in our sole discretion, necessary and appropriate without notice to you in order to prevent or remediate any violations and to enforce these Terms.

 

Your Content
Your “Content” is defined as the information you originate and your “Comments” that you contribute or those originated by others on your behalf (consisting of any combination of verbiage, text, audio or video files, pictures and/or digital graphics).

You are responsible for all content submitted for completion of our Service as detailed in the contractual “Project Agreement” at the time of Service engagement. You acknowledge, represent and warrant to TRI-FECTA® that

:

  • You are 16 years of age or older;

  • You have the full rights and have obtained full consent of all participants in connection with the Content and all underlying rights and permissions necessary to upload or provide the Content for the Services;

  • You will not upload or contribute any Content that infringes upon any of the rights of any third party, including without limitation, copyright, trademark and/or other intellectual property rights, rights of publicity or privacy, or otherwise violates any law; and

  • You will not add Content that is sexually explicit, obscene, pornographic, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious or otherwise unlawful.

 

You acknowledge that TRI-FECTA® does not support or guarantee the accuracy of any content provided to the Service. You further understand that you may be exposed to content posted by others that may be offensive, harmful, inaccurate or otherwise inappropriate.

Intellectual Property & Limited Licenses
Your use of the Services provided by TRI-FECTA® is governed by applicable copyright, trademark, patent and other intellectual property laws.

  • Limited License Granted to Users: Provided you adhere to these Terms (including without limitation, the Terms set out above under the headings “Restrictions on Use of Services” and “Your Content”), TRI-FECTA® grants you a non-exclusive, limited, non-transferrable, freely revocable license to use the Services as permitted by the features of the Services. We reserve all rights not expressly granted to you in these Terms. We may terminate this license at our sole discretion at any time and for any reason or no reason. Your unauthorized use of the Services may violate applicable laws and we reserve all rights to pursue any remedy we may deem necessary and appropriate.

  • Limited License Granted to TRI-FECTA®: You retain ownership of any intellectual property rights that you hold in your Content. By using the Services, you provide TRI-FECTA® with a limited license (as outlined below) to use your Content in order to provide our Services to you and to market our brand and Services.

 

TRI-FECTA® Services License
When you add any Content to any of our Services, you give TRI-FECTA® and our service providers a non-exclusive, perpetual, royalty-free and freely assignable right and worldwide license to use, host, store, reproduce, technically modify and distribute such Content according to the Consulting Agreement with no compensation, payments, residuals, reuse fees or other payments to you by TRI-FECTA®. The rights you grant to us in this license are for the limited purpose of us operating our Services and carrying out the activities you have requested. This license continues even if you stop using our Services. You also acknowledge and accept that TRI-FECTA® has no way of controlling and makes no effort to control who has access to your Story or Documents.

When you add public Content, you give TRI-FECTA® an additional non-exclusive, perpetual, royalty-free and freely assignable right and license to modify, create derivative works (such as those resulting in translations, adaptations or other changes), communicate, publish, publicly perform, publicly display and distribute Content with no compensation, payments, residuals, reuse fees or other payments to you by TRI-FECTA®. This license continues even if you stop using our Services.

Payment of Services
When you contract for one of our Services, you will be asked to supply a credit card for payment. By providing an active credit card, you are granting us the right to provide the card information to our designated third parties for purposes of completing the Purchase, and you are representing and warranting the following:

  • You have the legal right to use the payment method(s) in connection with any Purchase;

  • The information you supply to us is true, correct and complete; and

  • Third-party payment processing fees will apply, as well as applicable taxes and service fees on a one-time, monthly or annual basis, as appropriate.

 

Fees will be charged in two equal installments: one-half at the signing of the Service Contract and the remaining half prior to delivery of the finished product. Additional charges may include Service add-ons, travel expenses, consulting fees, etc. We believe in full disclosure, so additional fees will be outlined in the Service Contract and agreed to prior to commitment by either Party. Therefore, all fees paid are non-refundable.

Availability, Errors and Inaccuracies
We are constantly updating our offerings of products and services. The products or services available may be mispriced, described inaccurately or unavailable, and we may experience delays in updating information on the website and in our advertising on other websites. We cannot and do not guarantee the accuracy or completeness of any information including prices, product images, specifications, availability and Services. We reserve the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice.

Consulting Agreements
When you engage TRI-FECTA® Consulting, LLC to tell your story or create documents, you must provide information that is accurate, complete and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of our Service. The Consulting Agreement will be customized to your needs, clearly stating the project scope, pricing and term of engagement. If you do not agree with the Consulting Agreement, you should not sign it. Your signature is your permission to move forward and constitutes your agreement of the terms stated.

Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property infringement ("Infringement") of any person.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement through our Service, you must submit your notice in writing to the attention of "Copyright Infringement" at info@tri-fecta.com and include in your notice a detailed description of the alleged Infringement. You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any content is infringing your copyright.

 

Intellectual Property
TRI-FECTA’s Services and its original content, features and functionality are and will remain the exclusive property of TRI-FECTA® Consulting, LLC and its licensors. The Services are protected by copyright, trademark, and other laws of the United States and other foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of TRI-FECTA® Consulting, LLC.

 

Publicity and Promotion
TRI-FECTA® Consulting, LLC reserves the right to promote, advertise and otherwise market our Services as deemed necessary or prudent, including the use of comments, testimonials, videos, photographs and communications received from our clients in the process of our programs. No compensation shall be due or warranted from such promotion. You hereby acknowledge understanding, release, indemnify, discharge liability, hold harmless and otherwise grant permission for such promotion deemed necessary by TRI-FECTA® Consulting, LLC.

 

Links To Other Web Sites
Our Service may contain links to third-party websites or services that are not owned or controlled by TRI-FECTA® Consulting, LLC. TRI-FECTA® has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. Your decision to visit such links and/or websites is done at your own risk.

You acknowledge and agree that TRI-FECTA® Consulting, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services. We strongly advise you to read the Terms of Use and Privacy Policies of any third-party websites or service you visit.

 

Termination
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

 

Non-Solicitation
In your communications with us, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services (collectively, “Unsolicited Ideas and Materials”). We will be free to use or copy all or a portion of any Unsolicited Ideas and Materials you submit in the course of performing our Services, including any ideas, inventions, concepts, techniques or know-how disclosed for any purpose. Such purposes may include disclosure to third parties and/or developing, creating and/or marketing goods or services.

 

Limitation Of Liability
In no event shall TRI-FECTA® Consulting, LLC. nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of data, use, goodwill, or other intangible losses, resulting from the following:

  • Your use of or inability to use our Services;

  • Any conduct or content of any third party on the Service;

  • Any viruses, worms, Trojan horses or other destructive items;

  • Any content obtained from the Service; and

  • Unauthorized access, use or alteration of your transmissions or content.

 

When you access our Services, you assume all risk whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Where permitted by law, the total liability of TRI-FECTA® Consulting, LLC, it’s officers, employees, suppliers and distributors for any claim under these Terms, including implied warranties, is limited to the amount you have paid to use our Services. In all cases, TRI-FECTA® Consulting, LLC and our suppliers and distributors will not be liable for any loss or damage that is not reasonably foreseeable.

 

​Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

TRI-FECTA® Consulting, LLC, its writers, editors, illustrators, proofreaders, print-ready, printers and its licensors do not warrant that the results of using the Service will meet your requirements. To the extent permitted by law, we exclude all warranties.

 

Indemnity
To the full extent permitted by applicable law, you agree to defend, indemnify and hold harmless TRI-FECTA® Consulting, LLC, its affiliates, vendors, suppliers and distributors, and each of their officers, directors, employees, consultants, shareholders, related entities and agents from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the services or your breach of the Terms. We will provide notice to you promptly of any such claim, suit or proceeding, and may choose in our sole discretion to assist you, at your expense, in defending any such claim, suit or proceeding.

 

Governing Law
These Terms shall be governed and construed in accordance with the laws of the State of Texas and the United States of America without regard to its conflict of law provisions. Any action relating to the Terms must be brought in Houston, Harris County, Texas, and you irrevocably consent to the jurisdiction of such courts. These Terms do not create any third-party beneficiary rights.

 

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

We make no claims that the Services may be lawfully viewed or accessed outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access our Services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Changes
We are constantly changing and improving our Services. We may add features and functionalities from time to time, and we may suspend or stop some services from time to time. We may modify these Terms or any additional Terms that apply to our Services to reflect changes in the law or to our Services.

We reserve the right, at our sole discretion, to modify or replace these Terms of Use at any time with or without notice to you. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Terms. Your access to and use of our Services will be subject to the most current version of these Terms as noted by the revision date stated just beneath the title, “Terms of Use”. Material changes will be communicated to current and active Clients via email prior to or at the time of revision. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree too the modified Terms, you should discontinue your use of our Services.

Entire Agreement
The Terms of Use, together with the Privacy Policy are the entire and exclusive Agreement between TRI-FECTA® Consulting, LLC and you regarding the Services. These Terms supersede and replace any prior agreements, whether oral or in writing between TRI-FECTA® Consulting, LLC and you regarding the Services.

Contact Us
If you have any questions about these Terms, please contact us:

281-747-6555
info@tri-fecta.com

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