TERMS AND CONDITIONS
Tricolor Group, LLC (“we,” “us,” “our” and “Tricolor”) welcomes you to its online website www.tricolor.com, www.tricolor.com/en-US and related sites (the "Website"). The following terms and conditions (“Terms and Conditions”) govern your use of the Website.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING, VIEWING AND/OR USING THE CONTENT, MATERIAL OR SERVICES AVAILABLE ON OR THROUGH THE WEBSITE, YOU INDICATE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS, AND THAT YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE. ANY CHANGES WILL BE INCORPORATED INTO THE TERMS AND CONDITIONS POSTED TO THE WEBSITE FROM TIME TO TIME. YOUR USE OF THE WEBSITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGEMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS AND CONDITIONS REGULARLY.
Unauthorized use of the Website and related Tricolor systems, including but not limited to unauthorized entry into Tricolor systems, misuse of logins or passwords, or misuse of any information posted to the Website, is strictly prohibited.
The works of authorship contained in the Website, including but not limited to all design, text, sound recordings and images, are owned, except as otherwise expressly stated, by Tricolor. Except as otherwise expressly stated in these Terms and Conditions, they may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use or otherwise used in whole or in part in any manner without Tricolor’s prior written consent.
Digital Millennium Copyright Act
Pursuant to Title II of the Digital Millennium Copyright Act, all claims of copyright infringement for material that is believed to be residing on the Website should be promptly sent in the form of written communication to
1111 W. Mockingbird Ln. Suite 1500 Dallas TX 75247, (214) 939-7011, CustomerComplaints@tricolor.com.
All claims must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Trademarks, service marks, and logos appearing in this site are the property of Tricolor or the party that provided the trademarks, service marks, and logos to Tricolor. Tricolor and any party that provided trademarks, service marks, and logos to Tricolor retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this site.
Web Content And Materials
The information and materials contained in the Website and these Terms and Conditions of the access to and use of such information and materials are subject to change without notice.
You agree that:
- (i) you will not engage in any activities related to the Website that are contrary to applicable law, regulation or the terms of any agreements you may have with Tricolor;
- (ii) in circumstances where the Website requires identification for processing your requests, you will establish commercially reasonable security procedures and controls to limit access to your password or other identifying information to authorized individuals.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE INFORMATION AND MATERIALS CONTAINED IN THIS WEBSITE, INCLUDING TEXT, GRAPHICS, LINKS OR OTHER ITEMS ARE PROVIDED "AS IS", "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TRICOLOR DOES NOT
WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. TRICOLOR DOES NOT WARRANT THAT THE FUNCTIONS 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 IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF
THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS. YOU, AND NOT TRICOLOR ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF
ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS WEBSITE OR ITS CONTENT. TRICOLOR 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.
All of the information in this website, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this website, and Tricolor does not undertake any obligation to update such information after it is posted or to remove such information from this website if it is not, or is no longer, accurate or complete.
Some states prohibit limitation of implied warranty rights. Check your own state law for additional rights.
LIMITATION OF LIABILITY
IN NO EVENT WILL TRICOLOR, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING
LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THE WEBSITE OR ANY LINKED SITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT,
DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF TRICOLOR, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.
Some states prohibit limitation of remedies. Check your own state law for additional rights.
You will indemnify and hold Tricolor, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the ‘‘Indemnified Parties’’) harmless from any breach of these Terms and Conditions by you, including any use of content other than as expressly authorized in these Terms and Conditions. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this Website.
Any passwords used for this Website are for individual use only. You will be responsible for the security of your password (if any). Tricolor will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Tricolor considers insecure, Tricolor will be entitled to require the password to be changed and/or terminate your account. You are prohibited from using any services or facilities provided in connection with this Website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Tricolor reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Tricolor reserves the right to investigate suspected violations of these Terms and Conditions. Tricolor reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Tricolor to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms and Conditions. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS TRICOLOR FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY TRICOLOR DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER TRICOLOR OR LAW ENFORCEMENT AUTHORITIES.
Certain sections or pages on this website may contain separate terms and conditions, which are in addition to these Terms and Conditions. In the event of a conflict, the additional terms and conditions will govern for those sections or pages.
Enforceability And Governing Law
In the event any of the terms or provisions of these Terms and Conditions will be held to be unenforceable, the remaining terms and provisions will be unimpaired and the enforceable term or provision will be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. These Terms and Conditions will be subject to any other agreements you may have entered into with Tricolor. Your access to and use of the Website, and the terms of these Terms and Conditions are governed by the laws of Texas, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Texas in connection with any dispute between you and Tricolor arising out of these Terms and Conditions or pertaining to the subject matter here. The parties to these Terms and Conditions each agree that the exclusive venue for any dispute between the parties arising out of these Terms and Conditions or pertaining to the subject matter of these Terms and Conditions will be in the state and federal courts In Dallas Texas. The Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation.
Links To Third Party Sites
The Website may contain external hyperlinks to other Internet websites maintained by third parties over which Tricolor has no control. Tricolor provides these links to you only as a convenience. The appearance of external hyperlinks does not constitute endorsement by Tricolor of the linked websites, or the information, products or services contained in the linked websites. Tricolor’s inclusion
of a link or hyperlink on the Website does not imply Tricolor’s endorsement, warranty, or guarantee of the linked website, nor does Tricolor accept any responsibility for the content, or the use, of any linked websites or any of the products, services or information described or offered at these linked websites. All of the data on products and services, including but not limited to, the prices
and the availability of any service, product or product feature, should be verified with the company supplying the product or service and is subject to change without notice by the manufacturers and/or service providers. Tricolor specifically disclaims any and all liability for any damages, including without limitation, any special, indirect, incidental or consequential damages that may arise
from information, content, or use of any linked websites.
If you decide to visit any linked website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Tricolor makes no warranty or representation regarding, and does not endorse, any linked websites or the information appearing on any linked website or any of the products or services described thereon. Links do not imply that Tricolor or this Website sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked website is authorized to use any trademark, trade name, logo or copyright symbol of Tricolor and any of its affiliates or subsidiaries. All other trademarks, product names, and company names and logos appearing on this Website are the property of their respective owners. All rights reserved.
These Terms and Conditions constitute the entire agreement between you and Tricolor relating to your use of the Website, and supersede all prior contracts or agreements relating to the Website.
We may amend these Terms and Conditions at any time by modifying the existing provisions or by adding any new provisions and providing you with notice of the amendment. We may provide notice of an amendment to these Terms and Conditions by means of a letter, electronic mail message, a notice of the amendment posted on the Website, or other lawful means. Any amendment will be effective as of the date established by us in the amendment, subject to applicable law.
These Terms and Conditions are not assignable, in whole or in part, by either party except by operation of law or as required by law.
The headings in these Terms and Conditions are inserted for convenience and identification only, and are not intended to describe, interpret, define or limit the scope or intent of these Terms and Conditions or any clause hereof.
You agree not to interrupt or attempt to interrupt the operation of the Website in any way. You understand that unauthorized access to restricted areas of the Website may be a criminal violation. You agree not to access such location(s), nor attempt to obtain or decrypt any passwords or other security protection associated with the Website. You will not impersonate any person or entity, misrepresent your affiliation with a person or entity; or misrepresent the origin of any content provided to Tricolor. You agree to comply with rules and policies regarding use of the Website, as published from time to time. You agree that your use of the Website will at all times be for a lawful purpose and you agree to comply with all applicable laws and regulations in your use of the Website. Possible evidence of use of the Website for illegal purposes will be provided to law enforcement authorities. You agree not to reverse engineer, reverse assemble, decompile, create derivative works, modify, or otherwise attempt to derive the source code of the Website or to copy (except as otherwise expressly permitted by Tricolor), modify or create derivative works of its content or any materials related to the Website.