Terms of Use

TrinaLutzke.comm

Terms of Use

Agreement Between User and [ENTER NAME OF COMPANY]

Your use of the TrinaLutzke.com (the “Company”) website constitutes your agreement and consent to all such terms, conditions and notices stated on the Company website. By your use of this website, you agree to be bound by, and to comply with, all of the terms and conditions stated below in these Terms of Use. The Company reserves the right to change the terms, conditions, and notices under which this website is offered, and any such amendments, modifications, changes, or deletions to these Terms of Use will be effective upon publication to this website.  If you do not agree with these Terms of Use please do not access this website.

No Unlawful or Prohibited Use 

As a condition of your use of this website, you represent and warrant to the Company that you will not use this website for any purpose that is unlawful or prohibited by these Terms of Use. You may not use this website in any manner to interfere with any other user’s enjoyment and use of this website, nor for any purposes which would damage, disable, overburden, impair or negatively impact this website. 

Third Party Sites

Our website may contain links to or direct you to, sites not under the control of the Company and for which the Company is not responsible for, nor has any control over, any such content or information contained therein (“Third Party Sites”). Any and all such links are provided solely as a convenience to you, are not provided as any type of endorsement or association therewith, and the Company makes no representations or warranties regarding the accuracy of any content, information, or other documentation included on any Third Party Site. The Company specifically disclaims any responsibility or liability for any losses, damage, or claims incurred as a result of any such Third Party Site.  

Restrictions and Unlawful Conduct

This website is not for use by you for any threatening, inflammatory, threatening, defamatory, obscene, scandalous, or pornographic materials.  This website shall not be used for the posting of copyrighted materials of others or any other material that could cause any civil or criminal liability for you or the Company.  You may not duplicate, replicate, modify, distribute, resell, publish, or otherwise use this website for any commercial or political purpose.  In the event it is determined, in the Company’s sole discretion, that any such use by you is unreasonable, unauthorized, or violates these Terms of Use, the Company shall have the right to terminate or suspend your access to this website, including suspension of any login, posting and communication rights. The Company reserves that right that, in the event there are any violations to these Terms of Use by you, the Company shall be permitted to seek all remedies available at law or in equity for violation of these Terms of Use. 

Disclaimer of Warranty

THE COMPANY MAKES NO REPRESENTATIONS ABOUT THE TIMELINESS, SUITABILITY, AVAILABILITY, RELIABILITY, AND/OR ACCURACY OF THE INFORMATION, SERVICES, AND INTELLECTUAL PROPERTY CONTAINED ON THE COMPANY WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SERVICES, AND INTELLECTUAL PROPERTY ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE COMPANY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SERVICES, AND INTELLECTUAL PROPERTY, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE COMPANY WEBSITE, WITH THE DELAY OR INABILITY TO USE THE COMPANY’S WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SERVICES, AND INTELLECTUAL PROPERTY OBTAINED THROUGH THIS WEBSITE. 

IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY OR ANY PARTY ON ITS BEHALF (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE CONTENT, PRODUCTS, OR SERVICES OUT OF WHICH LIABILITY AROSE. 

Trademarks and Copyrights

The user to this website agrees that all intellectual property on this website is the sole property and ownership of the Company, unless otherwise designated, and is protected by the laws of the United States, whether common law or otherwise. User shall have no right to reproduce, modify, sell, or otherwise impact any of the intellectual property on this website. For purposes of this section, intellectual property on the website shall be deemed to include, but not be limited to, trademarks, service marks, copyrights, patents, trade names, logos, texts, images, or graphics (all whether registered or not). No user, purely by subscribing to or by perusing this website, shall be granted any license or right to use any such intellectual property without the prior written consent of the Company, which shall be withheld, conditioned, or delayed in the Company’s sole and absolute discretion. 

Products and Services

In the event any service on the website is listed at an incorrect price due to a typographical error, the Company shall have the right to refuse or cancel any orders or subscriptions listed at the incorrect price. The Company shall have the right to refuse, cancel, terminate, or otherwise modify any subscription for services at any time. If your credit card has already been charged for the purchase and your order is terminated, canceled, or modified, the Company shall immediately issue a credit to your credit card account in the prorated amount of the charge. 

Regarding your login and subscription information, you are entirely responsible for the use and protection of your account, including any and all activities, posts, or disclosures which occur under your user account.  The Company specifically disclaims any liability and will not be responsible for any loss that you incur as a result of someone else using your account, either with or without your knowledge.  Further, the Company shall be permitted to seek all remedies available at law or in equity for any loss incurred by the Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to the use of your account, whether by you or otherwise. 

Communications and Retention of Information

By visiting, browsing, and/or spending time on this website or sending emails to any founder, website administrator, or other individual, you are consenting to receive communications from us electronically and periodically as a result of your electronic communications with us. You hereby consent and acknowledge that you agree to be bound by these Terms of Use and agree to comply with all applicable laws and regulations.  

Privacy Policy

The privacy of those who visit this website and provide your information to the Company are a primary concern of the Company. While information is gathered from users of our site that provide information on a voluntary basis or information is gathered automatically through actions you may take during your visit, we do not share any such information unless previously noted by you and information is well-protected and not otherwise disclosed.  The Company is committed to protecting your privacy and security. Our purpose in providing such services and requesting or collecting such personal information is to better provide services to you in connection with the mission and goal of the Company and none of the information is shared with outside parties other than with companies we employ from time to time to perform functions on our behalf.  

Indemnification

Unless the laws of the State of Indiana, which may provide to the contrary are applicable to you, you agree to indemnify, defend and hold harmless the Company, its affiliates, subsidiaries, officers, directors, owners, employees, agents, contractors, licensors and licensees, representatives, successors or assigns, from all damages, liabilities, costs, and expenses, including reasonable attorneys’ fees, on account of any claim, suit, action, demand or proceeding made or brought against any such party, or on account of the investigation, defense or settlement thereof, arising in connection with your use of this website.

Enforceability, Governing Law, and Jurisdiction

In the event that any of the terms or provisions of these Terms of Use shall be held by a court of competent jurisdiction to be unenforceable, then such terms or provisions shall be construed, as nearly as possible, to reflect the intentions of the parties with the other terms and provisions remaining in full force and effect.

Miscellaneous

Your access to and use of this website, and these Terms of Use, are governed and construed in accordance with the laws of the State of Indiana, without regard to its conflicts of law provisions. The Company’s exercise or enforcement of any right or provision of these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. You acknowledge and agree that you will not seek to litigate any claims against the Company or any of its affiliates on a class action or representative party basis and that you shall pursue such claims solely on an individual basis.