Terms of Service

TRHX.com Notices and Policies

General and Operational Rules of The Information System Managed by TRHX.com

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PLEASE READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF SERVICE FOR THIS WEBSITE (“TOS”) BEFORE USING THIS SITE. By continuing to access, link to, or use this site, or any service on this site, you signify YOUR ACCEPTANCE OF THE TOS, INCLUDING WITHOUT LIMITATION, THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN PARAGRAPH 14 BELOW.

These TOS set forth the legal terms and conditions governing your use of our website located at www.TRHX.com and any other online and mobile websites, blogs, and interactive applications operated by “TRHX.com”. (unless a different policy is provided on a particular site, application, or service, in which case such different policy shall govern and control). TRHX.com reserves the right to amend, remove, or add to the TOS at any time. Such modifications shall be effective immediately. Accordingly, please continue to review the TOS whenever accessing, linking to, or using this site. For changes to these TOS that we deem material, we will place a notice on http://www.TRHX.com/ by revising the link on the homepage to read substantially as “Updated Terms of Use” for an amount of time that we determine at our discretion. Your access, link to, or use of the site, or any service on this site, after the posting of modifications to the TOS will constitute YOUR ACCEPTANCE OF THE TOS, as modified. If, at any time, you do not wish to accept the TOS, you may not access, link to, or use the site. Any terms and conditions proposed by you which are in addition to or which conflict with the TOS are expressly rejected by TRHX.com and shall be of no force or effect.

A. General Terms

1. User Consent to the TOS.

You represent that you have read and agree to be bound by the TOS.

2. Intellectual Property.

This website, and all of the content it contains, including but not limited to text, content, photographs, video, audio and graphics, goods, designs, information, applications, software, music, audio files, articles, directories, guides, photographs, as well as the trademarks, service marks, trade names, trade dress, copyrights, logos, domain names, code, patents, and/or any other form of intellectual property (collectively, the “Service”) that relates to this site, are owned by or licensed by TRHX.com or other third parties and are protected from any unauthorized use, copying, and dissemination by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of Singapore and other countries. The Service is also protected as a collective work or compilation under copyright and other laws and treaties. All individual articles, columns, and other elements making up the Service are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service. You acknowledge that the Service has been developed, compiled, prepared, revised, selected, and arranged by TRHX.com, its general and limited partners, and its subsidiaries, and their respective general partners and affiliates (collectively “TRHX.com”) and others (including certain other information sources) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of TRHX.com and such others. You agree to protect the proprietary rights of TRHX.com and all others having rights in the Service during and after the term of this agreement and to comply with all reasonable written requests made by TRHX.com or its suppliers and licensors of content, equipment, or otherwise (“Suppliers”) to protect their and others’ contractual, statutory, and common law rights in the Service. You agree to notify TRHX.com in writing promptly upon becoming aware of any unauthorized access or use of the Service by any individual or entity or of any claim that the Service infringes upon any copyright, trademark, or other contractual, statutory, or common law rights. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Service (the “Intellectual Property Rights”) shall, as between you and TRHX.com, at all times be and remain the sole and exclusive property of TRHX.com. All present and future rights in and title to the Service (including the right to exploit the Service and any portions of the Service over any present or future technology) are reserved to TRHX.com for its exclusive use. Except as specifically permitted by the TOS, you may not copy or make any use of the Service or any portion thereof. Except as specifically permitted herein, you shall not use the Intellectual Property Rights or the Service, or the names of any individual participant in, or contributor to, the Service, or any variations or derivatives thereof, for any purpose, without TRHX.com’s prior written approval.

3. Restrictions on Use.

You may not use the Service for any illegal purpose, for the facilitation of the violation of any law or regulation, or in any manner inconsistent with the TOS. You agree to use the Service solely for your own non-commercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute, or dispose of any information contained in the Service in any manner that could compete with the business of TRHX.com or any of its suppliers.

Except as expressly permitted by TRHX.com in writing, you may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit, transfer, sell, license, upload, edit, post, frame, link, or in any way exploit any part of the Service, except that you may download material from the Service and/or make one print copy for your own personal, non-commercial use, provided that you retain all copyright and other proprietary notices. You may not recirculate, redistribute, or publish the analysis and presentation included in the Service without TRHX.com’s prior written consent. Nothing contained in the TOS or on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Service in any manner without the prior written consent of TRHX.com or such third party that may own the Service or intellectual property displayed on this site. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, PUBLICATION, REPUBLICATION, UPLOADING, FRAMING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING, OR ANY OTHER MISUSE OF ANY OF THE SERVICE IS STRICTLY PROHIBITED. Any use of the Service other than as permitted by the TOS will violate the TOS and may infringe upon our rights or the rights of the third party that owns the affected Service. You agree to report any violation of the TOS by others that you become aware of.

You may use the “e-mail this article” function solely to inform others about a TRHX.com News article, and you shall immediately cease using this function with regard to recipients who have requested not to receive such information. You may not offer any part of the Service for sale or distribute it over any other medium, including but not limited to over-the-air television or radio broadcast, a computer network, or hyperlink framing on the internet, without the prior written consent of TRHX.com. The Service and the information contained therein may not be used to construct a database of any kind. Nor may the Service be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute any database services containing all or part of the Service. You may not use the Service in any way to improve the quality of any data sold or contributed by you to any third party.

You may not input, distribute, upload, post, email, transmit, or otherwise make available any content through the Service that: (i) is promotional in nature, including solicitations for funds or business, without the prior written authorization of TRHX.com, or constitutes junk mail, spam, chain letters, pyramid schemes, or the like; (ii) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable; (iii) you do not have the right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (iv) infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; (v) contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware, or telecommunications equipment; (vi) is harmful to minors; or (vii) constitutes the personally identifiable information of any other person that such person has not authorized you to disclose.

You may not use any of the trademarks, trade names, service marks, copyrights, or logos of TRHX.com in any manner which creates the impression that such items belong to or are associated with you or are used with TRHX.com’s consent, and you acknowledge that you have no ownership rights in and to any of such items.

You may neither interfere with nor attempt to interfere with nor otherwise disrupt the proper working of the Service, any activities conducted on or through the Service, or any servers or networks connected to the Service. You may neither obtain nor attempt to obtain through any means any materials or information on the Service that have not been intentionally made publicly available either by public display on the Service or through accessibility by a visible link on the Service. You shall not violate the security of the Service or attempt to gain unauthorized access to the Service, data, materials, information, computer systems, or networks connected to any server associated with the Service, through hacking, password timing, or any other means. You may neither take nor attempt any action that, in the sole discretion of TRHX.com, imposes or may impose an unreasonable or disproportionately large load or burden on the Service or the infrastructure of the Service. You shall not use or attempt to use any “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code,” or any other automated device, program, tool, algorithm, process, or methodology to access, acquire, copy, or monitor any portion of the Service, any data or content found on or accessed through the Service, or any other Service information without the prior express written consent of TRHX.com. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any other content.

4. License.

(i) You acquire absolutely no rights or licenses in or to the Service and materials contained within the Service other than the limited right to utilize the Service in accordance with the TOS. Should you choose to download content from the Service, you must do so in accordance with the TOS. Such download is licensed to you by TRHX.com ONLY for your own personal, non-commercial use in accordance with the TOS and does not transfer any other rights to you.

(ii) TRHX.com’s long-standing company policy does not allow it to accept or consider creative ideas, suggestions, or materials other than those it has specifically requested (see below). Accordingly, we ask that you do not send us any original creative materials that you expect to be compensated for or that you would like to keep private. If you nevertheless choose to make any such submission, TRHX.com may freely use the submission, in whole or in part, for any purpose without any obligation to you.

Without limiting the generality of the foregoing, if you submit material (i.e., user-generated content, including, but not limited to comments, text, video, audio, and photographs) to this site, any other site owned by TRHX.com and its affiliates or to TRHX.com or its representative, or if you send us creative suggestions, ideas, notes, concepts, or any other information (each, a “Submission” and collectively, the “Submissions”), despite our request that you not send us any unsolicited Submissions or other creative materials, the Submission will be treated as non-confidential and non-proprietary in each instance. None of the Submissions shall be subject to any obligation of confidence on the part of TRHX.com, and TRHX.com shall not be liable for any use or disclosure of any Submissions. Unless TRHX.com indicates otherwise, you grant to TRHX.com a perpetual, nonexclusive, irrevocable, fully paid, royalty-free, sublicensable, and transferable (in whole or in part) worldwide right and license in any and all media, now known or later developed, to use, publish, reproduce, display, modify, transmit digitally, create derivative works based upon, distribute, copy, and otherwise exploit Submissions for any purpose whatsoever (including, without limitation, advertising, commercial, promotional, and publicity purposes) in TRHX.com’s discretion without additional notice, attribution, or consideration to you or to any other person or entity. You also permit any other user to access, store, or reproduce Submissions for that user’s personal use. You grant TRHX.com the right to use the name that you submit in connection with Submissions. You agree and understand that TRHX.com is not obligated to use any Submission you make to this site or TRHX.com and you have no right to compel such use. You hereby acknowledge and agree that your relationship with TRHX.com is not a confidential, fiduciary, or other special relationship, and that your decision to submit any material to TRHX.com does not place TRHX.com in a position that is any different from the position held by members of the general public with regard to your Submission. You represent and warrant that you are the original author or creator of the Submissions (except as expressly indicated otherwise), that neither the permission nor consent of any other person or entity is required to enable TRHX.com to legally use your Submission in accordance with this license and that TRHX.com’s use of your Submission in accordance with this license will not violate or infringe upon the rights of any person or entity, and that you own or otherwise control all of the rights to the Submissions that you submit; that the Submissions you submit are truthful and accurate; that use of the Submissions you supply does not violate this TOS and will not cause injury to any person or entity; and that you will indemnify TRHX.com and its Suppliers, agents, directors, officers, employees, representatives, successors, and assigns for all claims resulting from Submissions you supply. TRHX.com and its Suppliers, agents, directors, officers, employees, representatives, successors, and assigns disclaim any responsibility and assume no liability for any Submissions submitted by you or any third party. You hereby irrevocably waive, release, and give up any claim that any use of such Submission violates any of your rights, including, without limitation, copyrights, trademarks, moral rights, privacy rights, proprietary or other property rights, publicity rights, or right to credit for the material or ideas, and forever release and discharge TRHX.com and its licensees from any and all claims you may have in connection with TRHX.com’s use of your Submission in accordance with this license. Finally, you acknowledge that, with respect to any claim you may have relating to or arising out of TRHX.com’s actual or alleged exploitation or use of any material you submit to this site and/or TRHX.com, the damage, if any, thereby caused will not be irreparable or otherwise sufficient to entitle you to injunctive or other equitable relief or to in any way enjoin the exploitation or other use of any TRHX.com product or service based on or allegedly based on the material, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law. You agree that this authorization contains the full and complete understanding between TRHX.com and you regarding TRHX.com’s use of your Submission and cannot be modified except by a document signed by TRHX.com and you.

5. Fees and Payments.

TRHX.com reserves the right at any time to charge fees for access to portions of the Service or the Service as a whole.

If at any time TRHX.com requires a fee for portions of the Service or the Service as a whole, TRHX.com will require you to register and create an account. The decision to provide the information required to create an account is purely voluntary and optional; however, if you elect not to provide such information, you will not be able to access certain content or participate in certain parts or features of this site. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale through the Service by TRHX.com or by any other vendor or service provider. All fees and charges shall be billed to you, and you shall be solely responsible for their payment. You shall pay all applicable taxes relating to the use of the Service through your account, and the purchase of any other products or services. Certain portions of the Service or the Service as a whole may require a prepaid fee (“Prepaid Fee”), which may be modified from time to time in TRHX.com’s sole discretion. The Prepaid Fee, and all taxes and other fees related thereto, will be paid by you in advance. In no event will you receive any portions of the Service or the Service as a whole if a Prepaid Fee is required unless TRHX.com receives all fees and charges payable by you, including the Prepaid Fee.

6. Registration and Account Creation.

As part of the registration and account creation process necessary to obtain access to certain portions of the Service, including those portions that require a fee or payment for access, you will select a username and a password. You will provide TRHX.com with certain registration information, all of which must be accurate, truthful, and updated. You shall not: (i) select a username already used by another person; (ii) create an account for anyone other than yourself without permission; (iii) use a username in which another person has rights without such person’s authorization; or (iv) use a username or password that TRHX.com, in its sole discretion, deems offensive or inappropriate. TRHX.com reserves the right to deny the creation of your account based on TRHX.com’s inability to verify the authenticity of your registration information. You shall be solely responsible for maintaining the confidentiality of your password. You shall immediately notify TRHX.com by submitting FEEDBACK of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. You are fully responsible for all usage and activity on your account, including, but not limited to, use of the account by

any third party authorized by you to use your username and password. You agree you will not sell, transfer, or assign your membership or any membership rights. The use of your account by any individual under age eighteen (18) is strictly prohibited. If the computer system on which you accessed the Service is sold or transferred to another party, you warrant and represent that you will delete all cookies and software files obtained by or through the use of the Service. TRHX.com reserves the right to terminate your account, in its sole discretion, at any time without notice. If we disable your account, you agree that you will not create another one without our permission. You may terminate your account at any time by submitting feedback. You are responsible for all charges incurred up to the time the account is terminated. Notwithstanding anything else herein, TRHX.com reserves the right to pursue any and all claims against any user of your account. You agree to maintain only one account with the Service at any time and certify that you currently have no other account(s) with the Service.

7. Disclaimer and Limitation of Liability.

(i) YOU AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT THE SERVICE AND ANYTHING CONTAINED WITHIN THE SERVICE, INCLUDING, BUT NOT LIMITED TO, CONTENT, SERVICES, GOODS, OR ADVERTISEMENTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND THAT TRHX.com MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICE, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE OR USE OR THOSE ARISING BY STATUTEOR OTHERWISE IN LAW FROM A COURSE OF DEALING OR USAGE OF TRADE. TRHX.com DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THIS SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THIS SITE, THE SERVICE OR SERVER DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ENTITY. TRHX.com DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THIS SITE OR THE SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT TRHX.com) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO YOU.

(ii) TRHX.com does not warrant that the Service is compatible with your equipment or that the Service, or e-mail sent by TRHX.com or its representative, is free of errors or viruses, worms or “Trojan horses,” or any other harmful, invasive, or corrupted files, and is not liable for any damage you may suffer as a result of such destructive features. You agree that TRHX.com and its Suppliers, agents, directors, officers, employees, representatives, successors, and assigns shall have no responsibility or liability for: (i) any injury or damages, whether caused by the negligence of TRHX.com, its parent, or their respective affiliates, Suppliers, agents, directors, officers, employees, representatives, general partner, subsidiaries, successors, and assigns, or otherwise arising in connection with the Service and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages, or any claim against TRHX.com by any other party; or (ii) any fault, inaccuracy, omission, delay, or any other failure in the Service caused by your computer equipment or arising from your use of the Service on such equipment. The content of other websites, services, goods, or advertisements (“Third Party Sites”) that may be linked to the Service is not maintained or controlled by TRHX.com. Our provision of links to Third Party Sites is not an endorsement of any information, product, or service that is offered on or reached through such Third Party Site TRHX.com is not responsible for the availability, content, or accuracy of other websites, services, or goods that may be linked to, or advertised on, the Service. TRHX.com does not: (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Service; (b) guarantee the accuracy, completeness, usefulness, or adequacy of any other websites, services, goods, or advertisements that may be linked to the Service; or (c) make any endorsement, express or implied, of any other websites, services, goods, or advertisements that may be linked to the Service. If you decide to leave this site and access the Third Party Sites, you do so at your own risk and you should be aware that our terms and policies no longer govern. TRHX.com is also not responsible for the reliability or continued availability of the telephone lines, wireless services, communications media, and equipment you use to access the Service. You understand that TRHX.com and/or third-party contributors to the Service may choose at any time to inhibit or prohibit their content from being accessed under the TOS.

(iii) You acknowledge that: (i) the Service is provided for information purposes only and is not intended for trading purposes; (ii) the Service may include certain information taken from stock exchanges and other sources from around the world; (iii) TRHX.com does not guarantee the sequence, accuracy, completeness, or timeliness of the Service or any information, facts, views, opinions, statements or recommendations contained on this site and/or the Service; (iv) the provision of certain parts of the Service is subject to the terms and conditions of other agreements to which TRHX.com is a party; (v) none of the information contained on this site constitutes a solicitation, offer, opinion, endorsement or recommendation by TRHX.com to buy or sell any security, or to provide legal, tax, accounting, or investment advice or services regarding the profitability or suitability of any security or investment; and (vi) the information provided on this site is not intended for use by, or distribution to, any person or entity in any jurisdiction or country where such use or distribution would be contrary to law or regulation. Accordingly, anything to the contrary herein set forth notwithstanding, TRHX.com, its Suppliers, agents, directors, officers, employees, representatives, successors, and assigns shall not, directly or indirectly, be liable, in any way, to you or any other person for any: (a) inaccuracies or errors in or omissions from the Service including, but not limited to, quotes and financial data; (b) delays, errors, or interruptions in the transmission or delivery of the Service; or (c) loss or damage arising therefrom or occasioned thereby, or by any reason of nonperformance.

(iv) UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL TRHX.com, ITS PARENTS, AFFILIATES, SUBSIDIARIES, SUPPLIERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, LICENSORS, OR ASSIGNS BE LIABLE TO YOU OR ANY THIRD PERSON FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES EVEN IF TRHX.com HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING IN ANY WAY FROM OR IN CONNECTION WITH THIS SITE, THE SERVICE, USE OF OR INABILITY TO USE THE SERVICE OR ANY LINKS OR ITEMS ON THE SERVICE OR ANY PROVISION OF THE TOS, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL TRHX.com’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

BY ACCESSING THIS SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

You hereby waive any and all rights you have or may have under California Civil Code Section 1542, and/or any similar provision of law or successor statute to it, with respect to any claims you may have in connection with this site or these TOS. In connection with this waiver and release, you acknowledge that you are aware that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true. Nevertheless, you intend by these TOS to release fully, finally and forever all such matters under these TOS. In furtherance of such intention, the releases set forth in these TOS shall be and shall remain in effect as full and complete releases notwithstanding the discovery or existence of any such additional or different claims or facts relevant hereto.

8. Your Authority to Agree to this TOS.

You represent, warrant, and covenant that: (i) you have the power and authority to enter into this agreement; and (ii) you are at least eighteen (18) years old.

9. Sponsored Content.

(i) What Is Sponsored Content?
“Sponsored Content” consists of: (i) all paid-for content created by the TRHX.com content team in collaboration with advertisers, and served by or appears in any TRHX.com medium and (ii) paid-for content supplied by advertisers that is served by or appears in any TRHX.com medium. The foregoing categories include any paid-for content purchased under the AAAA/IAB Standard Terms and Conditions.

(ii) Standards And Procedures For Sponsored Content
In addition to the general advertising guidelines established by TRHX.com, the standards listed below apply to Sponsored Content.

All Sponsored Content, regardless of platform, will comply with TRHX.com’s guiding principles:
Transparency. All Sponsored Content and marketing messages will be clearly and distinctly differentiated from independent news content.
Independence. No TRHX.com journalist will participate in the production, editing, or promotion of customized content or an advertorial. Sponsor agenda and/or concern will neither dictate nor delay editorial direction.
Editorial judgment. TRHX.com maintains the right to reject any program, advertiser, or speaker whose presence would compromise the TRHX.com brand.

All Sponsored Content will be appropriately labeled and distinguished from TRHX.com editorial content in form, function, and placement through the use of different type fonts, colors, and graphics.
Paid programming, advertorials, and sponsored programs/segments will be clearly and prominently labeled as advertising. No Sponsored Content will imply endorsement of any product or service by TRHX.com, nor will it feature any recognizable TRHX.com names or logos.
TRHX.com may, in its sole discretion, allow the use of a TRHX.com Custom Content logo to be used in Sponsored Content. The design and placement of such logo will be at the discretion of TRHX.com, and any and all such uses shall be subject to TRHX.com’s prior written approval.
All Sponsored Content must be approved in advance and in writing by a TRHX.com Custom Content editor before it appears on any TRHX.com medium.
Sponsored Content is neither produced by nor contributed to by any editorial team member of any TRHX.com medium, nor does it necessarily reflect the views of the editors of any TRHX.com medium. A disclaimer similar to the following will be included with all Sponsored Content: “A sponsor paid for the creation and placement of the content on this page. No editorial member of any TRHX.com medium contributed to any part of its creation, and it does not necessarily reflect the editorial views of TRHX.com or any of its affiliated entities.”
TRHX.com may, in its sole discretion, include a more detailed disclaimer with certain Sponsored Content.
TRHX.com reserves the right to refuse or remove any program, advertiser, or speaker that in any way: (i) disparages, defames, or discredits TRHX.com or its products or services or otherwise compromises, in quality or presence, TRHX.com’s brand or (ii) is false, misleading, deceptive, or illegal.
Where Sponsored Content allows user participation, the moderation and functionality of this element will be determined and implemented solely by TRHX.com and will be subject to the general Terms of Service for the applicable TRHX.com medium.
In the case of Sponsored events, sponsors will be clearly identified to all on-site participants and in marketing materials tied to the relevant conference or event in language that indicates their role as underwriters. TRHX.com does not guarantee speaking roles or other on-stage participation for paying sponsors and maintains editorial control and veto power.

10. Indemnification.

You agree, at your own expense, to indemnify, defend and hold harmless TRHX.com, its Suppliers, agents, directors, officers, employees, representatives, successors, and assigns from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys' and experts' fees, arising out of or in connection with the Service, or any links on the Service, including, but not limited to: (i) your use or someone using your computer's use of the Service; (ii) use by someone using your account; (iii) a violation of the TOS by you or anyone using your computer (or account, where applicable); (iv) a claim that any use of the Service by you or someone using your computer (or account, where applicable) infringes any intellectual property right of any third party, or any right of privacy or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; (v) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Service by you or someone using your computer (or account, where applicable); (vi) any misrepresentation or breach of representation or warranty made by you contained herein; or (vii) any breach of any covenant or agreement to be performed by you hereunder. You agree to pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action, or proceeding attributable to any such claim. TRHX.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with TRHX.com in asserting any available defense. You acknowledge and agree to pay TRHX.com's reasonable attorneys' fees incurred in connection with any and all lawsuits brought against you by TRHX.com under the TOS and any other terms and conditions of service on this site, including without limitation, lawsuits arising from your failure to indemnify TRHX.com pursuant to the TOS.

11. Termination.

(a) You may terminate the TOS, with or without cause and at any time, by discontinuing your use of the Service and destroying all materials obtained from the Service. (b) You agree that, without notice, TRHX.com may terminate the TOS, or suspend your access to the Service, with or without cause at any time and effective immediately. The TOS will terminate immediately without notice from TRHX.com if you, in TRHX.com's sole discretion, fail to comply with any provision of the TOS. (c) TRHX.com shall not be liable to you or any third party for the termination or suspension of the Service, or any claims related to the termination or suspension of the Service. Upon termination of the TOS by you or TRHX.com, you must discontinue your use of the Service and destroy promptly all materials obtained from the Service and any copies thereof. TRHX.com will determine your compliance with the TOS in its sole discretion and its decision shall be final and binding and not subject to challenge or appeal. Any violation of the TOS may result in restrictions on your access to all or part of this site and may be referred to law enforcement authorities. No changes to or waiver of any part of the TOS shall be of any force or effect unless formally posted or made in writing and signed by a duly authorized officer of TRHX.com. Upon termination of your membership or access to this site, or upon demand by TRHX.com, you must destroy all materials obtained from this site and all related documentation and all copies and installations thereof. You are advised that TRHX.com will aggressively enforce its rights to the fullest extent of the law.

12. Non-Residents of Singapore & Jurisdictional Issues.

(i) TRHX.com operates this site in Singapore. TRHX.com makes no representation that the Service, including merchandise offered for sale on this site and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than Singapore. If you access this site from locations outside of Singapore, you do so on your own initiative and at your own risk, and you are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

(ii) This site is controlled and operated by TRHX.com from its offices within Singapore. TRHX.com makes no representation that materials in this site are appropriate or available for use in other locations.

13. Governing Law.

The TOS shall be governed and construed in accordance with the laws of Singapore, without giving effect to conflicts-of-law principles thereof. With respect to any disputes or claims not subject to arbitration, you agree to submit to the personal jurisdiction of the state and federal courts located in Singapore with respect to any legal proceedings that may arise in connection with the Service or from a dispute as to the interpretation or breach of the TOS.

14. Mandatory Arbitration and Class Action Waiver.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE OR PARTICIPATE IN A LAWSUIT IN COURT.

(i) Informal Dispute Resolution Procedure. If a Dispute (as that term is defined below) arises between you and TRHX.com, we are committed to working with you to try to reach a reasonable resolution. For any such Dispute, both parties acknowledge and agree that they will first make a good faith effort to resolve it informally before initiating any formal dispute resolution proceeding in arbitration or otherwise. Such informal resolution requires first sending a written description of the dispute to the other party. For any Dispute you initiate, you agree to send the written description of the Dispute along with the email address associated with your account, if applicable, to the following email address: [email protected]. The written description must be on an individual basis and provide, at minimum, the following information: your name; a description of the nature or basis of the claim or dispute; the specific relief sought; and proof of your relationship with TRHX.com. If the Dispute is not resolved within sixty (60) days after receipt of the written description of the Dispute, you and TRHX.com agree to the further Dispute resolution provisions below.

The aforementioned informal dispute resolution process is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding. The parties agree that any relevant limitations period and filing fees or other deadlines will be tolled while the parties engage in this informal dispute resolution process.

(ii) Mutual Arbitration Agreement. If the informal dispute resolution procedure does not lead to resolution, then either party may initiate binding arbitration as the sole means to resolve Disputes, (except as provided herein) subject to the terms set forth below and the Singapore International Arbitration Centre ("SIAC") rules. If you are initiating arbitration, a copy of the demand shall also be emailed to [email protected]. If you are a TRHX.com registered user, any demand initiating arbitration, whether filed by you or TRHX.com, must include the email address you used to register with TRHX.com.

You agree that by using this site in any way, you unconditionally consent and agree that any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against TRHX.com and/or its parent, subsidiaries, affiliates and each of their respective current or former members, officers, directors and employees (all such individuals and entities collectively referred to herein as the "TRHX.com Entities") arising out of, relating to, or connected in any way with TRHX.com's website or app or these TOS, including the determination of the scope, enforceability, or applicability of this Arbitration Agreement (as defined below), including, but not limited to any claim that all or any part thereof of this Arbitration Agreement is void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment of administrative or arbitrator fees (including the timing of such payments and remedies for nonpayment) ("Dispute") will be resolved exclusively by final and binding arbitration in accordance with this Section 14 ("Arbitration Agreement"). This includes claims that arose, were asserted, or involve facts occurring before the existence of this Arbitration Agreement or any prior agreement as well as claims that may arise after the termination of this Arbitration Agreement, in accordance with the notice and opt-out provisions set forth herein. This Arbitration Agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Arbitration Act of Singapore.

Notwithstanding the parties' decision to resolve all Disputes through arbitration, each party retains the right to (i) elect to have any claims resolved in small claims court on an individual basis for disputes and actions within the scope of such court's jurisdiction, regardless of what forum the filing party initially chose; (ii) bring an action in state or federal court to protect its intellectual property rights ("intellectual property rights" in this context means patents, copyrights, moral rights, trademarks, and trade secrets and other confidential or proprietary information, but not privacy or publicity rights) or for defamation; and (iii) seek a declaratory judgment, injunction, or other equitable relief in a court of competent jurisdiction regarding whether a party's claims are time-barred or may be brought in small claims court. Seeking such relief shall not waive a party's right to arbitration under this Arbitration Agreement, and any filed arbitrations related to any action filed pursuant to this paragraph shall automatically be stayed pending the outcome of such action.

(iii) Class Arbitration and Collective Relief Waiver. YOU AND TRHX.com ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, ANY ARBITRATION SHALL BE CONDUCTED IN AN INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS OR COLLECTIVE ACTION AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY'S CLAIM, UNLESS TRHX.com PROVIDES ITS CONSENT TO CONSOLIDATE IN WRITING.

With the exception of this subpart (iii) and subpart (vi) below, if any part of this Arbitration Agreement is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the rules of SIAC, then the balance of this Arbitration Agreement shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting provision were not contained herein. If, however, this subpart (iii) or subpart (vi) is found to be invalid, unenforceable, or illegal, then the entirety of this Arbitration Agreement shall be null and void, and neither you nor TRHX.com shall be entitled to arbitrate their dispute.

(iv) Arbitration Rules. The arbitration will be administered by SIAC and conducted before a sole arbitrator in accordance with the rules of SIAC, including, as applicable, SIAC Comprehensive Dispute Resolution Rules and Procedures, Fees For Disputes When One of the Parties is a Consumer and the Mass Filing Dispute Resolution Rules and Procedures in effect at the time any demand for arbitration is filed with SIAC, excluding any rules or procedures governing or permitting class or representative actions. The applicable SIAC rules and procedures are available at www.siac.org or by emailing SIAC at [email protected].

(v) Arbitration Location and Procedure. For all residents, the arbitration shall be held (i) at a location determined under the applicable SIAC rules and procedures that is reasonably convenient for you and is no more than 100 miles from your home or place of business; or (ii) at another location you and we agree upon. For non-residents, the arbitration shall be held in Singapore (unless otherwise agreed by the parties). The arbitrator shall apply Singapore law consistent with the Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law. The arbitrator or arbitration body shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator has the right to impose sanctions in accordance with the SIAC rules and procedures for any frivolous claims or submissions the arbitrator determines have not been filed in good faith, as well as for a party's failure to comply with the Informal Dispute Resolution Procedure contemplated by this Arbitration Agreement.

If the amount in controversy does not exceed $10,000 and you do not seek injunctive or declaratory relief, then the arbitration will be conducted solely based on documents you and TRHX.com submit to the arbitrator, unless the arbitrator determines that a hearing is necessary or the parties agree otherwise. If the amount in controversy exceeds $10,000 or seeks declaratory or injunctive relief, either party may request (or the arbitrator may determine) to hold a hearing, which shall be via videoconference or telephone conference unless the parties agree otherwise.

Subject to the applicable SIAC rules and procedures, the parties agree that the arbitrator will have the discretion to allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute. Unless otherwise prohibited by law, all arbitration proceedings will be confidential and closed to the public and any parties other than you and TRHX.com (and each of the parties' authorized representatives and agents), and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award (provided that the party seeking confirmation shall seek to file such records under seal to the extent permitted by law).

(vi) Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, in the event 100 or more similar arbitration demands (those asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) are submitted to SIAC against TRHX.com ("Mass Filing"), the parties agree (i) to administer the Mass Filing in batches of 100 demands per batch (to the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands) with only one batch filed, processed, and adjudicated at a time; (ii) to designate one arbitrator for each batch; (iii) to accept applicable fees, including any related fee reduction determined by SIAC in its discretion; (iv) that no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior batch of 100 is filed, processed, and adjudicated; (v) that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by TRHX.com and the claimants, shall only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; and (vi) that the staged process of batched proceedings, with each set including 100 demands, shall continue until each demand (including your demand) is adjudicated or otherwise resolved. Arbitrator selection for each batch shall be conducted to the greatest extent possible in accordance with the applicable SIAC rules and procedures for such selection, and the arbitrator will determine the location where the proceedings will be conducted. You agree to cooperate in good faith with TRHX.com and the arbitration provider to implement such a "batch approach" or other similar approach to provide for an efficient resolution of claims, including the payment of combined reduced fees, set by SIAC in its discretion, for each batch of claims. The parties further agree to cooperate with each other and the arbitration provider or arbitrator to establish any other processes or procedures that the arbitration provider or arbitrator believes will provide for an efficient resolution of claims. Any disagreement between the parties as to whether this provision applies or as to the process or procedure for batching shall be resolved by a procedural arbitrator appointed by SIAC. This "Batch Arbitration" provision shall in no way be interpreted as increasing the number of claims necessary to trigger the applicability of SIAC's Mass Filing Supplemental Dispute Resolution Rules and Procedures or authorizing class arbitration of any kind. Unless TRHX.com otherwise consents in writing, TRHX.com does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in this subpart (vi).

The parties agree that this batching provision is integral to the Arbitration Agreement insofar as it applies to a Mass Filing. If the batching provision in this subpart (vi) is found to be invalid, unenforceable, or illegal, then the entirety of this Arbitration Agreement shall be null and void, and neither you nor TRHX.com shall be entitled to arbitrate any claim that is a part of the Mass Filing.

(vii) Mediation Following First Batch in a Mass Filing. The results of the first batch of demands will be given to a SIAC mediator selected from an initially proposed group of 5 mediators, with TRHX.com and the remaining claimants' counsel being able to strike one mediator each and then rank the remaining mediators and the highest collectively ranked mediator being selected. The selected mediator will try to facilitate a resolution of the remaining demands in the Mass Filing. After the results are provided to the mediator, TRHX.com, the mediator, and the remaining claimants will have 90 days (the "Mediation Period") to agree on a resolution or substantive methodology for resolving the outstanding demands. If they are unable to resolve the outstanding demands during the Mediation Period, and cannot agree on a methodology for resolving them through further arbitrations, either TRHX.com or any remaining claimant may opt out of the arbitration process and have the demand(s) proceed in court. Notice of the opt-out will be provided in writing within 60 days of the close of the Mediation Period. If neither TRHX.com nor the remaining claimants opt out and they cannot agree to a methodology for resolving the remaining demands through further arbitration, the arbitrations will continue with the batching process. Opt-out of arbitration under this section shall not be construed as opting out of Section 15 titled "Class Action Waiver" below. Absent notice of an opt-out, the arbitrations will proceed in the order determined by the sequential numbers assigned to demands in the Mass Filing.

(viii) Arbitrator's Decision. The arbitrator's decision shall be controlled by the terms and conditions of these TOS and any of the other agreements referenced herein that the applicable user may have entered into in connection with the website. The arbitrator will render an award within the timeframe specified in the applicable SIAC rules and procedures. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the arbitral forum's rules, and this Arbitration Agreement. The parties agree that the damages and/or other relief must be consistent with the terms of the "Disclaimer and Limitation of Liability" section of these TOS as to the types and the amounts of damages or other relief for which a party may be held liable. Except for decisions in arbitrations that are joined together in a single batch, no individual arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Attorneys' fees will be available to the prevailing party in the arbitration if authorized under applicable substantive law governing the claims in the arbitration.

(ix) Fees. If you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, TRHX.com will pay any filing and hearing fees in in excess of $250 that the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive regardless of the outcome of the arbitration unless the arbitrator determines that your claim(s) were frivolous or asserted in bad faith, in which case arbitration fees (including attorneys' fees) may be imposed upon you consistent with the Arbitrator's Rules and the standard for sanctions set forth in Federal Rule of Civil Procedure 11. You are responsible for your own attorneys' fees unless the arbitration rules and/or applicable law provide otherwise, including as set forth in this Arbitration Agreement.

The parties agree that SIAC has discretion to reduce the amount or modify the timing of any administrative or arbitration fees due under SIAC's Rules where it deems appropriate (including as specified in subpart (vi)) provided that such modification does not increase the costs to you, and you further agree that you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by SIAC does not constitute a default, waiver, or breach of this Arbitration Agreement while such challenge remains pending before SIAC, the arbitrator, and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such a challenge.

(x) 30-Day Right to Opt Out. You have the right to opt out and not be bound by the Arbitration Agreement by sending written notice of your decision to opt out to [email protected] with the subject line, "ARBITRATION OPT-OUT". The notice must be sent within thirty (30) days of (a) the date of these TOS; or (b) your first use of the Service, whichever is later. Otherwise, you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of the Arbitration Agreement, you may exercise your right to a trial by jury or judge, as permitted by applicable law, but any prior existing agreement to arbitrate disputes under a prior version of the Arbitration Agreement will not apply to claims not yet filed. If you opt out of the Arbitration Agreement, TRHX.com also will not be bound by it.

(xi) Changes. TRHX.com will provide thirty (30) days' notice of any material changes to this "Mandatory Arbitration and Class Action Waiver" section. Any such changes will go into effect 30 days after TRHX.com provides this notice and apply to all claims not yet filed regardless of when such claims may have accrued. If TRHX.com changes this "Mandatory Arbitration and Class Action Waiver" section after the date you first accepted this Arbitration Agreement (or accepted any subsequent changes to this Arbitration Agreement), you agree that your continued use of the Service 30 days after such change will be deemed acceptance of those changes.

15. Class Action Waiver.

You may only resolve Disputes with TRHX.com on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, collective, consolidated, or representative action. Except as described in Section 14(vi), class actions, class arbitrations, collective actions, private attorney general actions, and consolidation with other arbitrations aren't allowed.

16. Compliance, Reputational, Operational, and Other Considerations.

You represent, warrant, and covenant to TRHX.com that none of you or any person who acts on your behalf or at your direction shall use (or enable others to use) the Services or anything created using the Services in connection with: (i) activities relating to nuclear, chemical, or biological weapons proliferation, terrorism (including financing of terrorism), corruption, undermining of democratic rights and government, money laundering, tax evasion, or human rights violations, or other similarly egregious activities or (ii) in connection with activity in, or for the benefit of, the non-Ukraine-government controlled regions of Ukraine, Syria, Cuba, North Korea, or Iran (each, an "Excluded Jurisdiction").

17. Economic Sanctions & Export Controls.

Notwithstanding any other provision of these TOS, TRHX.com does not represent that the Service or anything created using the Service is appropriate for use in any particular location or for any or all purposes. Those who choose to access the Service do so on their own initiative and are responsible for compliance with all applicable laws, including those of Singapore.

You represent, warrant, and covenant to TRHX.com that none of you or any person who acts on your behalf or at your direction shall use (or enable others to use) the Service, any software included in or downloaded from the Service or anything created using the Service in connection with activity: (i) in, or for the benefit of, any country or region with respect to which the United Nations, United States, European Union, and/or United Kingdom and/or Singapore (the "Sanctioning Authorities") maintains sanctions prohibiting all or substantially all shipment or provision of services, goods, technology or software (a "Sanctioned Jurisdiction"); (ii) to, or for the benefit of, the government of an Excluded Jurisdiction or a Sanctioned Jurisdiction or a person located in or normally resident of an Excluded Jurisdiction or a Sanctioned Jurisdiction; (iii) involving or benefiting a government or person whose assets a Sanctioning Authority has blocked or to which a Sanctioning Authority restricts the shipment or provision of services, goods, technology or software (a "Prohibited Party"); (iv) to the extent applicable, for the purpose of transacting in, providing financing for, or otherwise dealing in prohibited equity or debt of, or extending credit to, persons identified by (or owned or controlled, whether individually or in aggregate, by persons identified by) any Sanctioning Authority as being subject to sanctions prohibiting such activities; or (v) for any purpose that would be prohibited under the economic sanctions of any Sanctioning Authority. Without limiting the foregoing, you agree to not use TRHX.com's products or services to engage in new investment in the Russian Federation or to directly or indirectly export, reexport, sell, or supply accounting, auditing, bookkeeping, tax consultancy, trust and corporate formation, or business or management consulting or public relations services to the government of Russia or any person located in the Russian Federation. Each time you receive or use the Service or anything created using the Service, you shall be deemed to represent and warrant to TRHX.com and its affiliates that none of you, any person who acts on your behalf or at your direction, or any person on whose behalf you are acting, is: (i) located in or normally a resident of, or the government of, any Excluded Jurisdiction or Sanctioned Jurisdiction; or (ii) a Prohibited Party.

18. Miscellaneous.

You accept that TRHX.com has the right to change the content or technical specifications of any aspect of the Service at any time in TRHX.com's sole discretion. You further accept that such changes may result in your being unable to access the Service. The failure of TRHX.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. Sections 2 through 10, 11(c), and 12 through 20 shall survive any termination of the TOS.

19. Headings.

The section titles in the TOS are used solely for the convenience of you and TRHX.com and have no legal or contractual significance.

20. Severability.

If any provision of the TOS is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of the TOS will remain in force.

21. Entire Agreement.

The TOS and any other terms and conditions of service on this site, and its successor, constitute the entire agreement between you and TRHX.com, govern your use of the Service, and supersede all prior or contemporaneous written or oral agreements between the parties with respect to the subject matter hereof. These TOS may not be amended, nor any obligation waived, without TRHX.com's written authorization.

B. Linking and Framing Terms and Conditions

1. Intellectual Property.

Upon linking to this website pursuant to the TOS, you will be granted a non-exclusive, non-transferable, royalty-free sub-license to use the TRHX.com mark owned by TRHX.com solely for providing an underlined, textual link from your website to TRHX.com. No other use of TRHX.com's marks, names, or logos is permitted without express written permission from TRHX.com.

2. Restrictions on Linking to this Website.

Without limiting other provisions contained in our TOS, you may include a link(s) on your website to TRHX.com's publicly accessible web pages (i.e., any web page which does not require a login and password and/or restrict access). You may not link to TRHX.com any site containing an inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information that violates any applicable intellectual property, proprietary, privacy, or publicity rights, or is otherwise deemed inappropriate, as determined by TRHX.com in its sole discretion. The link to this site must not damage, dilute, or tarnish the goodwill associated with any TRHX.com names and/or intellectual property, nor may the link create the false appearance that your website and/or organization is sponsored, endorsed by, affiliated, and/or associated with TRHX.com. TRHX.com reserves the right, in its sole discretion, to terminate a link with any website for any reason or no reason at all, including without limitation any website that TRHX.com deems to be inappropriate or inconsistent with or antithetical to this site and/or these TOS.

3. Restrictions on Framing Activities.

TRHX.com is concerned about the integrity of this website when it is accessed in a manner solely determined by third parties or viewed in a setting solely created by third parties. Specifically, TRHX.com is concerned with activities such as bringing up or presenting the content of this website within another website (“framing”). In this regard, without limiting the provisions contained in our TOS, you may not frame any web page from TRHX.com, except with our express written permission. Further, you may not archive, cache, or mirror any TRHX.com web page or portions of a web page. If you would like to use, reprint, frame, or redistribute any TRHX.com content other than as permitted herein, you must request permission from TRHX.com by writing to [email protected]. Please include: (a) your name, e-mail address, and telephone number; (b) the name of your company; (c) the website address(es) where the proposed use will occur; and (d) specific details about the contemplated linking or framing activities, including the content or web page(s) of this website which you would like to use.

C. Inquiries Regarding this Site's Content

[email protected]

D. Law Enforcement Data Request Statement

Hyperion and TRHX.com are committed to cooperating with law enforcement and regulatory authorities while respecting the privacy and rights of our users. This statement outlines our policy and procedures for responding to data requests from law enforcement and government agencies.

1. General Policy

We respect the privacy of our users and are committed to protecting their personal information. However, we may be required to disclose personal data in response to valid legal requests from law enforcement agencies, regulatory authorities, or other government bodies. Such requests must comply with applicable laws and regulations.

2. Types of Legal Requests

We may respond to the following types of legal requests:
Subpoenas: Requests for information issued by a court or legal authority as part of a legal proceeding.
Court Orders: Directives issued by a court requiring us to provide specific information.
Search Warrants: Legal documents authorizing law enforcement to search and seize specific data from our systems.
Regulatory Requests: Requests from regulatory bodies seeking information as part of an investigation or compliance check.
National Security Letters: Requests for information issued by government agencies related to national security investigations.

3. Information Disclosure

When we receive a valid legal request, we may disclose the following types of information:
Account Information: Details such as user names, email addresses, contact information, and account activity.
Transaction Data: Information related to trades, transactions, and portfolio activities.
Communication Records: Email correspondence, chat logs, and other communication data.
Technical Data: IP addresses, device information, and other technical data associated with user activity.

4. Notification to Users

Whenever possible, and unless prohibited by law, we will notify users of requests for their information before disclosing it. This allows users the opportunity to challenge the request if they wish. However, certain legal requests may come with a non-disclosure order preventing us from informing the user.

5. Compliance and Legal Review

All legal requests are carefully reviewed by our legal team to ensure they comply with applicable laws and regulations. We may seek to narrow or challenge requests that are overly broad, vague, or not legally valid.

6. Data Minimization and Security

We strive to minimize the amount of personal data disclosed in response to legal requests. Only the information specifically requested and required by law will be provided. We also implement robust security measures to protect the data during the disclosure process.

7. Emergency Requests

In urgent situations where there is an imminent threat to life or serious injury, we may disclose information without a formal legal request. These emergency disclosures are made in good faith and are limited to the necessary information to address the emergency.

8. Transparency Reporting

We may publish transparency reports that provide aggregated information about the number and types of legal requests we receive and respond to. These reports aim to provide transparency to our users about how often and why we disclose information to authorities.

9. User Rights

Users have the right to request access to their personal data, correct inaccuracies, and seek deletion of their data under certain circumstances. These rights are subject to legal limitations and may not apply in all situations.

10. Contact Information

For questions or concerns regarding our policy on law enforcement data requests, please contact us at:

E. Intellectual Property Issues

1. General Inquiries:

Please send general inquiries regarding intellectual property issues to [email protected]

2. Copyright Agent for Copyright Infringement Claims (Digital Millennium Copyright Act):

If you believe that any content appearing on this site has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:

a. Your name, address, telephone number, and email address;
b. A description of the copyrighted work that you claim has been infringed;
c. The exact URL or a description of where the alleged infringing material is located;
d. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
e. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
f. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.