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:
contact@TRHX.com. 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 contact@TRHX.com. 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 secretariat@siac.org.
(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
contact@TRHX.com 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 contact@TRHX.com. 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
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:
- Email: contact@TRHX.com
E. Intellectual Property Issues
1. General Inquiries:
Please send general inquiries regarding intellectual property issues to contact@TRHX.com
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.