Last updated: August 26, 2021
This Terms of Service Agreement (the “Terms of Service”) is between Terren LLC (“We” or “Us”) and you (“You”), the Person using any one or more of the Trivory mobile application (“Trivory” or the “App”) and Our website at https://trivory.com (the “Website” and, collectively with the App, the “Service”), whether as a guest or a Registered User (as defined below), including any content, functionality, and services offered on or through the Service. The following terms and conditions, together with any documents they expressly incorporate by reference, govern Your access to and use of the Service.
- Access and Account Security. We may withdraw or amend the Service, and any service or material We provide on the Service, in Our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, We may restrict access to some parts of the Service, or the entire Service, to users, including Registered Users.
- You are responsible for both:
- Making all arrangements necessary for You to have access to the Service; and
- Ensuring that all Persons who access the Service through Your internet connection are aware of these Terms of Service and comply with them.
- If You are a Registered User and You choose or are provided with a username and password, You must treat such information as confidential and not disclose it to any other Person. You also acknowledge that Your account is personal to You and agree not to provide any other Person with access to the Service or portions of it using Your username, password, or other security information. You agree to notify Us immediately of any unauthorized access to or use of Your username or password or any other breach of security. You also agree to ensure that You exit from Your account at the end of each session. You should use particular caution when accessing Your account from a public or shared computer so that others are not able to view or record Your password or other personal information.
- We may disable any username, password, or other identifier, whether chosen by You or provided by Us, at any time in Our sole discretion for any or no reason, including if, in Our opinion, You have violated any provision of these Terms of Service.
- “Person” means any individual, corporation, partnership, trust, limited liability company, association, or other entity.
- “Registered User” means an elementary or secondary school, educational institution, or other organization that uses the Service under an end-user license agreement with Us to provide information to its community members, and includes such Registered User’s authorized users of the Service.
- Intellectual Property Rights
- The Service and its entire contents, features, and functionality, including without limitation all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof, are owned by Us, Our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
- Unless You are a Registered User, these Terms of Service permit You to use the Service for Your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material available on the Service, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to Your accessing and viewing those materials;
- You may store files that are automatically cached by Your Web browser for display enhancement purposes;
- You may print or download one copy of a reasonable number of pages for Your own personal, noncommercial use and not for further reproduction, publication, or distribution;
- If We provide desktop, mobile, or other applications for download, You may download a single copy to Your computer or mobile device solely for Your own personal, non-commercial use, provided You agree to be bound by Our end user license agreement for such applications;
- If You are an authorized agent of a Registered User, You may download such applications as the agreement applicable to Your affiliated institution’s use of the Service permits; and
- If We provide social media features with certain content, You may take such actions as are enabled by such features.
- You must not:
- Modify copies of any materials from the Service.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Service.
- Unless You are an authorized agent of a registered user of the Service, You must not access or use for any commercial purposes any part of the Service or any of Our services or materials available through the Service. If You wish to make any use of material on the Service other than that set out in these Terms of Service, please address Your request to: [email protected].
If You print, copy, modify, download, or otherwise use or provide any other Person with access to any part of the Service in breach of these Terms of Service, Your right to use the Service will stop immediately, and You must, at Our option, return or destroy any copies of the materials You have made. No right, title, or interest in or to the Service or any content on the Service is transferred to You, and all rights not expressly granted are reserved by Us. Any use of the Service not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
- Trademarks. Our name, Our logo, the term TRIVORY, and all related names, logos, product and service names, designs, and slogans are trademarks of Us or Our affiliates or licensors. You must not use such marks without Our prior written permission. All other names, logos, product and service names, designs, and slogans on the Service are the trademarks of their respective owners.
- Prohibited Uses. You may use the Service only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Service:
- In any way that violates any applicable federal, state, local, or international law or regulation, including without limitation any laws regarding the export of data or software to and from the US or other countries.
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
If You use the Service to commit or attempt any criminal offense, including without limitation any violation of any applicable federal, state, local, or international law or regulation, We may do one or more of the following:
- Disclose information about You, including Your identity and other Personal Data (as defined below), to law enforcement authorities; and
- Immediately terminate Your right to use the Service.
- “Personal Data” means any information that relates to an identified or identifiable individual, and, for the purposes of the General Data Protection Regulation (the “GDPR”), any information relating to You such as a name, identification number, location data, online identifier, or one or more factors specific to Your physical, physiological, genetic, mental, economic, cultural, or social identity, and, for the purposes of the California Consumer Privacy Act (the “CCPA”), any information that identifies, relates to, describes, or is capable of being associated with, or could reasonably be linked, directly or indirectly, with You.
Additionally, You agree not to:
- Send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Service.
- Transmit, or procure the sending of, any advertising or promotional material without Our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- Impersonate or attempt to impersonate Us, any of Our employees, another user, or any other Person, including without limitation by using email addresses or screen names associated with any of the foregoing.
- Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by Us, may harm Us or users of the Service, or expose them to liability.
- Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other user’s use of the Service, including their ability to engage in real time activities through the Service.
- Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material available on or through the Service.
- Use any manual process to monitor or copy any of the material on the Service, or for any other purpose not expressly authorized in these Terms of Service, without Our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Service.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, any server on which the Service or any part thereof is stored, or any server, computer, or database connected to the Service.
- Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.
- User Contributions. The Service may contain polls and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit (hereinafter, “post”) to other users or other Persons content or materials (collectively, “User Contributions”) on or through the Service.
All User Contributions must comply with the Content Standards set out in these Terms of Service. Any User Contribution You post to the Service will be considered non-confidential and non-proprietary. By providing any User Contribution on or through the Service, You grant Us and Our affiliates and service providers, and each of their and Our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
- You own or control all rights in and to Your User Contributions and have the right to grant the license granted above to Us and Our affiliates and service providers, and each of their and Our respective licensees, successors, and assigns.
- All of Your User Contributions do and will comply with these Terms of Service.
You understand and acknowledge that You are responsible for any User Contributions You submit or contribute, and You, not Us, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by You or any other user of the Service.
- Monitoring and Enforcement of User Contributions; Termination. We may:
- Remove or refuse to post any User Contributions for any or no reason in Our sole discretion.
- Take any action with respect to any User Contribution that We deem necessary or appropriate in Our sole discretion if We believe that such User Contribution violates these Terms of Service, including without limitation the Content Standards, infringes any intellectual property right or other right of any Person, threatens the personal safety of users of the Service or the public, or could create liability for Us.
- Disclose Your identity or other information about You to any third party who claims that material posted by You violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation referral to law enforcement, for any illegal or unauthorized use of the Service.
- Terminate or suspend Your access to all or part of the Service for any violation of these Terms of Service.
Without limiting the foregoing, We may cooperate fully with any law enforcement authorities or court order requesting or directing Us to disclose the identity or other information of anyone posting any materials on or through the Service.
YOU WAIVE AND HOLD HARMLESS TERREN LLC AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, We do not undertake to review material before it is posted on the Service and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
- Content Standards. These Content Standards apply to all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, or any other protected classification.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any Person.
- Be likely to deceive any Person.
- Advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any Person.
- Impersonate or misrepresent Your identity or affiliation with any Person.
- Except as otherwise permitted by an applicable end user license agreement between Us and the applicable Registered User, involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Imply that they emanate from or are endorsed by Us or any other Person if they do not or are not.
- Digital Millennium Copyright Act. We respect the intellectual property of others and require that You do the same. In accordance with the Digital Millennium Copyright Act (the “DMCA”), the text of which may be found at https://www.copyright.gov/legislation/pl105-304.pdf, We will respond expeditiously to notices of alleged copyright infringement that are duly reported to Our Designated Copyright Agent identified in the notice below.
- We will terminate the user accounts of repeat infringers. If You believe Your content has been copied in a way that constitutes copyright infringement, or Your intellectual property rights have been otherwise violated, please provide Our designated Copyright Agent 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;
- 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 Us to locate the material;
- Information reasonably sufficient to permit Us to contact You, such as an address, telephone number, and, if available, an e-mail address;
- A statement that You have 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; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Our designated Copyright Agent to receive notifications of claimed infringement is: Terren Gurule, [email protected].
- You acknowledge that if You fail to comply with all of the requirements of this Section 9, Your DMCA notice may not be valid. We may give notice to users of any infringement notice by one or more of the following means:
- A general notice on the Service;
- E-mail to a user’s e-mail address in Our records; or
- Written communication sent by first-class mail to a user’s physical address in Our records.
- If You believe that Your User Contribution that was removed (or to which access was disabled) is not infringing, or that You have the authorization from the copyright owner, the copyright owner’s agent, or under the law, to post and use the content in Your User Contribution, You may send a counter-notice containing the following information to Our Copyright Agent:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled, and the location at which the content appeared before it was removed or disabled;
- A statement that You have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, physical address, and telephone number, and a statement that You consent to the jurisdiction of a federal District Court for the judicial district in which Your physical address is located, and that You will accept service of process from the Person who provided notification of allegedly infringing material or an agent of such Person.
- Reliance on Information Posted. The information presented on or through the Service is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance You place on such information is strictly at Your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by You or any other user of the Service, or by anyone who may be informed of any of its contents.
The Service includes content provided by third parties, including materials provided by other users, and may contain translations generated by computers. All statements, including without limitation opinions, expressed in such content, and all responses to such statements and other third party content, other than materials provided by Us, are solely the responsibility of the Person providing them. Such third party content does not necessarily reflect Our opinion. We are not liable or responsible to You or any third party for the content or accuracy of any materials provided by any third parties.
Using computer-generated translations, Trivory may automatically translate content posted by your school, educational institution, or other organization that isn’t available in your preferred language. These translations are provided for your convenience using translation software. No automated translation is perfect nor is it intended to replace human translators. Some content may not be accurately translated due to the limitations of the translation software. Translations are provided as a service to Trivory users on an "as is" basis. No warranty, express or implied, is made as to the accuracy, reliability, or correctness of any translations. If you do not wish to view automatically translated content, you can turn this feature off.
GOOGLE DISCLAIMS ALL WARRANTIES RELATED TO TRANSLATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, RELIABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
- Changes to the Service. The content on the Service is not necessarily complete or up-to-date. Any of the material on the Service may be out of date at any given time, and We are under no obligation to update such material.
- Linking to the Website and Social Media Features. You may link to the Website, provided You do so in a way that is fair and legal and does not damage Our reputation or take advantage of it, but You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on Our part without Our express written consent.
- The Service may provide certain social media features that enable You to:
- Link from Your own or certain third-party websites to certain content on the Service.
- Send emails or other communications with certain content, or links to certain content, on the Service.
- Cause limited portions of content on the Service to be displayed or appear to be displayed on Your own or certain third party websites.
You may use these features solely as they are provided by Us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions We provide with respect to such features. Subject to the foregoing, You must not:
- Establish a link from any website that is not owned by You.
- Cause the Service or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
- Link to any part of the Service other than the homepage of the Website.
- Otherwise take any action with respect to the materials on or available through the Service that is inconsistent with any other provision of these Terms of Service.
The website from which You are linking, or on which You make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Service. You agree to cooperate with Us in immediately stopping any unauthorized framing or linking. We may in Our discretion withdraw linking permission, disable any social media features and any links, or both, at any time without notice.
- Links to Other Websites. If the Service contains links to other sites and resources provided by third parties, these links are provided for Your convenience only. This includes links contained in advertisements, including without limitation banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from Your use of them. If You decide to access any of the third-party websites linked to the Service, You do so entirely at Your own risk and subject to the terms and conditions of use for such websites.
- Geographic Restrictions. We are based in the State of Oregon in the United States and provide the Service for use only by Persons located in the United States. We make no claims that the Service or any of its content is accessible or appropriate outside of the United States. Access to the Service may not be legal by certain Persons or in certain countries. If You access the Service from outside the United States, You do so on Your own initiative and are responsible for compliance with local laws.
- Disclaimer of Warranties. You understand that We cannot and do not guarantee or warrant that files available for downloading from the internet or the Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Service for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SERVICE OR ON ANY WEBSITE LINKED TO THE SERVICE.
YOUR USE OF THE SERVICE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK. THE SERVICE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE, ITS CONTENT, OR BOTH.
WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICE OR THE SERVER OR SERVERS THAT MAKE IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- LIMITATION ON LIABILITY. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL TERREN LLC, ITS SUBSIDIARIES AND AFFILIATES, AND ITS AND THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, SUCCESSORS, AND ASSIGNS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY WEBSITES LINKED TO IT, OR ANY CONTENT ON THE SERVICE OR SUCH OTHER WEBSITES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, AND LOSS OF DATA, AND WHETHER CAUSED BY TORT, BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
IF YOU ARE A REGISTERED USER OF THE SERVICE, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF TERREN LLC, ITS SUBSIDIARIES AND AFFILIATES, AND ITS AND THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, SUCCESSORS, AND ASSIGNS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN TORT, CONTRACT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO US FOR THE APPLICABLE PRODUCT OR SERVICE IN THE LAST 12 MONTHS OUT OF WHICH LIABILITY AROSE.
The foregoing does not affect any liability that cannot be excluded or limited under applicable law and does not apply to liability resulting from gross negligence or willful misconduct.
- Indemnification. You agree to defend, indemnify, and hold harmless Terren LLC, its affiliates, licensors, and service providers, and its and their respective licensors, service providers, employees, agents, members, managers, officers, directors, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees, including without limitation reasonable attorneys’ fees, arising out of or relating to one of more of the following:
- Your violation of these Terms of Service or Your use of the Service, including without limitation Your User Contributions, any use of the Service’s content, services, and products other than as expressly authorized in these Terms of Service, and
- Your use of any information obtained through the Service.
- Governing Law and Jurisdiction. All matters relating to the Service and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including without limitation non-contractual disputes or claims), will be governed by and construed in accordance with the laws of the State of Oregon without regard to any choice or conflict of law provision or rule (whether of the State of Oregon or any other jurisdiction). Any legal suit, action, or proceeding arising out of or related to the Service or these Terms of Service will be instituted exclusively in the federal courts of the United States or the courts of the State of Oregon (in each case located in the City of Portland and County of Multnomah). You waive all objections to the exercise of jurisdiction over You by and to venue in such courts.
- Class Action Waiver. Any lawsuit arising from these Terms of Service or access to or use of the Service will take place exclusively on an individual basis. YOU AND WE AGREE THAT CLAIMS AGAINST THE OTHER MAY BE BROUGHT ONLY IN A PARTY’S RESPECTIVE INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER.
- Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS OF SERVICE MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
- Waiver. No waiver by Us of any term or condition set out in these Terms of Service will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Ours to assert a right or provision under these Terms of Service will not constitute a waiver of such right or provision.
- Severability. If any provision of these Terms of Service is held by a court to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Service will continue in full force and effect.
- Changes to Terms of Service. Please periodically review these Terms of Service for any changes, as We may update them from time to time. We will update the “Last updated” date at the top of these Terms of Service and notify You of any such change by a prominent notice on the Service, by email, or both before the change becomes effective. Changes to these Terms of Service are effective when they are posted on this page; however, any changes to the dispute resolution provisions set out in the Governing Law and Jurisdiction section will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on this page. Your continued use of the Service in whole or in part following the posting of revised Terms of Service means that You accept and agree to the changes.
- Contact Us. If You have any questions about these Terms of Service, please contact Us by visiting the Website at https://trivory.com/contact or by email to [email protected].