Triumph Case Management Ltd. Terms And Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE TRIUMPH CASE MANAGEMENT LTD. SITE
By using the Triumph Case Management Ltd. Site, or any of the products or services (collectively the "Services") available on this Site, you agree, without limitation or qualification, to be bound by these terms and conditions and such other additional or alternative terms, conditions, rules and policies which are displayed or to which you may be directed in connection with any particular Triumph Case Management Ltd. Site or Service, all as may be modified by Triumph Case Management Ltd. in its sole discretion (collectively the "Terms and Conditions"). If you do not agree with these Terms and Conditions, you may not use the Triumph Case Management Ltd. Site or any of the Services on the Triumph Case Management Ltd. Site.
You may not use the Services, or accept the General Terms, if (i) you are not of legal age to form a binding contract with Triumph Case Management Ltd., or (ii) your are prohibited by law from receiving or using the services.
Triumph Case Management Ltd..may change the Terms from time to time at its sole discretion, including by imposing a charge for access to or use of a Service. If such changes are made, Triumph Case Management Ltd.will make a new copy of the General Terms available at the Site, with any new Additional Terms made available to you from within or through the affected Service. Triumph Case Management Ltd. may require you to provide consent to the updated Terms in a specified manner before further use of the Services is permitted. Otherwise, your continued use of the Site or any affected Service constitutes your acceptance of the changes. Your use of the Site, Materials and Services is subject to the most current version of the Terms posted on the Site, or within or through the affected Service, at the time of such use. Please regularly check the Site to view the then-current Terms.
Services and Materials provided by third parties are governed by separate agreements accompanying such Services and Materials.PRIVACY
All other names, titles, logos and designs appearing on this Site are the property of their respective owners. Any use of any trademarks appearing on the Site or any of the Services without the express written consent of the owner of the trademark is strictly prohibited.
You may not distribute or sell, rent. Lease, or otherwise make Triumph Case Management Ltd. content available to others; and you may not remove any text, copyright or other proprietary notices contained in the content.
The entire content included in this Site, including but not limited to text, designs, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under the Canadian and other copyright laws, and is the property of Triumph Case Management Ltd. The collective work includes works that are licensed to Triumph Case Management Ltd. Copyright 2012. ALL RIGHTS RESERVED.REGISTRATION, ACCOUNTS AND PASSWORDS
You agree that your Account Information will always be complete, accurate and up-to-date. It is your responsibility to keep your Account Information confidential at all times and you are solely responsible for all activity that occurs to your Account Information when you are logged in to your account. If you become aware of any unauthorized use of your account or Account Information, or any other breach of security, you agree to notify Triumph Case Management Ltd. immediately. You may not use another person’s Account Information. Triumph Case Management Ltd. may require that you change your Account Information or certain parts of your Account Information at any time for any reason.
There is no cost to become a registered user our Site and you do not have to become a registered user to use this Website. However, if you do not register, you may be precluded from using certain products, offerings, features or resources as offered at various times.
If you elect to become a registered user of our Site, you must register in accordance with instructions that you will find on the website.
As a registered user, you agree to provide true, accurate and complete information about yourself ("Registered User Data") and to maintain and promptly update the Registered User Data to keep it accurate. Without limiting any other provision of these Terms & Conditions, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account and refuse any and all current or future use of our website (or any portion thereof).
You agree not to assign, transfer or sublicense your rights as a registered user of this website.
As a registered user, you also agree to be responsible for maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration and as well as all activities that occur, including transaction effected, under such password or account. Further, you agree to notify the administrator of this website of any unauthorized use of your password or account. The owners of this website will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with these provisions.USE OF SITE, SERVICES AND MATERIALS
You agree to adhere to all limitations on dissemination, use and reproduction of any Materials that you download or access from the Site.
Unless expressly agreed to by Triumph Case Management Ltd..in writing elsewhere, Triumph Case Management Ltd. has no obligation to store any Materials that you upload, post, email, transmit or otherwise make available through your use of the Site or via the Services (“Your Content”). Triumph Case Management Ltd. has no responsibility or liability for the deletion or accuracy of any Materials, including Your Content, the failure to store, transmit or receive transmission of content, or the security, privacy, storage or transmission of other communications originating with or involving use of the Services. Certain Services may enable you to specify the level at which such Services restrict access to Your Content. You are solely responsible for applying the appropriate level of access to Your Content. If you do not choose, the system may default to its most permissive setting. You agree that Adobe retains the right to create reasonable limits on Triumph Case Management Ltd.’s use of the Materials, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described in the web pages accompanying the Services and as otherwise determined by Triumph Case Management Ltd. in its sole discretion.
You agree to use the Services and content only for purposes that are permitted by the Terms and any applicable law, regulation, or generally accepted practices or guidelines in any applicable jurisdiction (including any laws regarding the export of data or software to and from the United States or other applicable countries) (“Law”).
You agree not to access or attempt to access the Services by any means other than the interface provided by Triumph Case Management Ltd.
Triumph Case Management Ltd. reserves the right to revoke authorization to view, download and print the Triumph Case Management Ltd. content at any time, and any such use shall be discontinued immediately upon notice from Triumph Case Management Ltd.
Software is subject to additional provisions governing Software set forth herein.
The rights specified above are not applicable to the design, layout or look and feel of the Site. Such elements of the Site are protected by Intellectual Property Rights and my not be copied or imitated in whole or in part. No mark, graphic, sound or image from the Site may be copied or retransmitted unless expressly permitted by Triumph Case Management Ltd. In addition, various sections of the Sites may showcase the work of create professionals. Such Materials belong to their creators, may be protected by Intellectual Property Rights, and are for display purposes only. Accordingly, you may not download or print these works unless there is a notice associated with the work expressly permitting such uses.USE OF SOFTWARE
Any Software that is made available via the Site is the property of Triumph Case Management Ltd. and its suppliers. Use of such Software is governed by the terms of the license agreement that accompanies or is included with the Software, or by the license agreement expressly stated on the Site page(s) accompanying the Software. License terms may only be posted with the Software downloads or at the Site page where the Software can be accessed. You shall not use, download or install any Software that is accompanied by or includes a license agreement unless you agree to the terms of such license agreement. Unless the accompanying license agreement expressly allows otherwise, any copying or redistribution of the Software is prohibited, including any copying or redistribution of the Software to any other server or location, redistribution or use on a service bureau basis. If there is any conflict between the Terms and the license agreement, the license agreement shall take precedence in relation to that Software (except for as provided in the following sentence). If the Software is a pre-release version, then, notwithstanding anything to the contrary included within an accompanying license agreement, you are not permitted to use or otherwise rely on the Software for any commercial or production purposes.
If no license agreement accompanies the Software, use of the Software will be governed by the Terms. You agree that you will not decompile, reverse engineer or otherwise attempt to discover the source code of the Software. Notwithstanding the foregoing, decompiling the Software is permitted to the extent the laws of the jurisdiction where you are located give you the right to do so to obtain information necessary to render the Software interoperable with other software, provided, however, that you must first request the information from Triumph Case Management Ltd., and Triumph Case Management Ltd. may, in its discretion, either provide such information to you or impose reasonable conditions, including reasonable fees, on use of the Software to ensure that Triumph Case Management Ltd.’s Intellectual Property Rights in the Software are protected. Unless Triumph Case Management Ltd. has given you specific written permission to do so, you may not assign (or grant a sublicense of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
The Software may automatically download and install updates from Triumph Case Management Ltd. from time to time. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new Software modules and completely new versions. You agree to receive such updates (and permit Triumph Case Management Ltd. to deliver these to you with or without your knowledge) as part of your use of the Services.
You agree not to use, or to encourage or permit others to use, the Site or Services to:
Please exercise discretion while browsing the Internet. As a service to visitors to this Site, we may include links may take you to other websites over which we have no control. These sites are independent from Triumph Case Management Ltd. and we do not endorse, control or make any representations, warranties or conditions concerning their contents or links. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements.
We reserve the right to disable links to and from this Site.
Triumph Case Management Ltd. assumes no responsibility or liability for any damages (including without limitation any damages causes by viruses) to your computer software, equipment or other property in connection with your access to or use of this site or your downloading of any data, text, images, files or other materials from the site.DISCLAIMER AND LIMITATION OF LIABILITY
THIS SITE AND THE INFORMATION OR MATERIALS CONTAINED THEREIN ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS, WARRANTIES OR COVENANTS OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS SITE OR THE SERVERS THAT MAKE MATERIAL AVAILABLE WILL BE OPERABLE, UNINTERRUPTED, VIRUS FREE OR ERROR FREE, OR THAT DEFECTS WILL BE FOUND OR CORRECTED. WE ALSO DO PROVIDE NO WARRANTY REGARDING THE ACCURACY, TIMELINESS, AUTHENTICITY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION, CONTENT, SERVICE OR OTHER MERCHANDISE PROVIDED THROUGH THIS SITE.YOU ACKNOWLEDGE AND EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK AND DISCRETION. YOU AGREE TO INDEMNIFY US AND HOLD US AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES ABSOLUTELY HARMLESS FROM ANY CLAIM ARISING FROM OR IN ANY WAY CONNECTED TO YOUR USE OF THIS SITE, INCLUDING YOUR POSTING, UPLOADING OR SUBMITTING MATERIALS OR CONTENT TO ANY FORUM OR TO THIS SITE OR YOUR FAILURE TO COMPLY WITH THESE TERMS AND CONDITIONS OF USE. IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES BE LIABLE TO ANY PARTY UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS THAT RESULT FROM YOUR USE OF, OR YOUR INABILITY TO USE, THIS SITE OR MATERIALS OR FUNCTIONS ON THIS SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN TORT, NEGLIGENCE, STATUTE, CONTRACT, COMMON LAW, EQUITY OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING THIS SITE. GOVERNING LAW AND JURISDICTION
This Site is controlled by us from our offices within the Province of British Columbia, Canada, and is intended for users who reside within Canada. We make no representation that materials on this Site are appropriate or available for use in any particular location. Those who choose to visit and use this Site do so on their own initiative and are responsible for compliance with all applicable laws.
These terms and conditions of use shall be governed by and construed in accordance with the laws of the Province of British Columbia, without regard or giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms and conditions of use shall be filed only in the provincial or federal courts located in Vancouver, British Columbia, and you hereby consent and submit to the exclusive personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms and conditions of use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions of use and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.
English shall be the language of this Site and all transactions occurring in connection with this Site. The parties waive any right to use and rely upon any other language, or translations. Il est de la volonté express de parties que le present site et tous les affairs qui s’y rapportent soient rédigés en langue anglaise, exception faite des documents pour lesquels la loi exige l’usage exclusif du français.ARBITRATION AND ACTIONS
Any controversy, claim or dispute arising out of or relating to these Terms and Conditions, your use of the Triumph Case Management Ltd. Site or Service or the relationship which results from these Terms and Conditions, including without limitation, the performance, breach, enforcement, existence or validity of the matters provided for in these Terms and Conditions which cannot be amicably resolved, even if only one of the parties declares that there is a difference (collectively, a "Claim"), will be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration before a single arbitrator held in Vancouver, British Columbia in English and governed by British Columbia law. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Canada and is independent of either party. Any such Claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim, controversy or dispute of any other party. You agree to waive any right you may have to commence or participate in any class action against us related to any Claim and, where applicable, you also agree to opt out of any class proceedings against us. Notwithstanding the foregoing, we reserve the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.RESPONSIBILITY FOR MINORS
In cases where you have authorized a minor to use the Triumph Case Management Ltd. Site or any of the Services, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of Triumph Case Management Ltd.. Site or any of the Services; and (iii) the consequences of any misuse by the minor. You acknowledge that some of the areas of the Triumph Case Management Ltd.. Site may contain material that is inappropriate for minors.GENERAL PROVISIONS
This agreement is personal to you, and you may not assign your rights or obligations to anyone. These Terms and Conditions constitute the entire agreement between Triumph Case Management Ltd. and you pertaining to your use of the Triumph Case Management Ltd., Services and Content and supercede any prior agreements between you and Triumph Case Management Ltd. with respect to the subject matter hereof Triumph Case Management Ltd. failure to insist upon or enforce strict performance of any right or provision of these Terms and Conditions shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein. No changes to these Terms and Conditions shall be made except by a revised posting on this page or except as otherwise expressly contemplated herein. The parties have required that these Terms and Conditions and all documents relating thereto be drawn up in English. Les parties on demandé que cette convention ainsi que tous les documents que s’y rattachent soient rédigés en anglais.