TRX Systems Terms of Website Use
Effective Date: December 21, 2017
These Terms of Use (“Terms”) govern your relationship with TRX Systems, Inc. (“TRX,” “we,” “our,” or “us”) with respect to your access to and use of the TRX Systems website and support.trxsystems.com (the “Site”). By using the Site, you accept the Terms, which may be updated from time to time, and you consent to the collection, use, and sharing of your information and other data about your activities on the Site as described in our Privacy Notice.
When you access or use this Site, you acknowledge your understanding of, and agreement to, the Terms described below. Please review these Terms whenever you visit the Site to take notice of any changes. If you do not agree to these Terms, do not use the Site.
Accounts
You may be required to register for an account to use certain features on the Site. When you create an account with us, you represent that you are legally authorized to do so and that the information you provide to us in connection with your account is accurate, complete, and current. Each time you log into the account, you agree that:
Providing inaccurate, incomplete, or obsolete information may result in the immediate termination of your account. We reserve the right to terminate accounts, refuse service, remove or edit posted information, or cancel orders in our sole discretion.
Content
This Site contains: (1) materials and other items relating to TRX and its products and services (and similar items from our licensors and other third parties), including all layout, information, databases, articles, posts, text, data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Site, and the compilation, assembly, and arrangement of the materials of the Site and any and all copyrightable material; (2) trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including those of TRX; and (3) other forms of intellectual property (all of the foregoing, collectively “Content”). All right, title, and interest in and to the Site and the Content is the property of TRX or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible.
Limited License
Subject to your strict compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-assignable, personal, and non-transferable license to download, display, view, or otherwise use Content provided through the Site on a personal computer, browser, laptop, tablet, mobile phone, or other Internet-enabled device and/or to print one copy of such Content for your personal, non-commercial use only. The foregoing limited license does not grant you any ownership or intellectual property interest in Content on the Site and it may be immediately suspended or terminated for any reason, in our sole discretion, and without advance notice or liability. Unauthorized use of the Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
Usage Restrictions
You agree that you will not:
Intellectual Property Rights
TRX (and, where applicable, our licensors and suppliers) own all rights, title and interest in and to the Site and all Content, enhancements, updates, upgrades, improvements, modifications, bug fixes, additions, customizations, derivative works, whether or not developed by us, and copies thereof, and all information, methods and processes and intellectual property rights therein, including copyrights, trademarks, service marks, text, graphics, logos, images, videos and audio clips (collectively, the “Intellectual Property”).
TRX expressly reserves all rights, title and interest in and to the Site and in our Intellectual Property not expressly granted in these Terms. All Content included on this Site is the property of TRX (or our licensors and suppliers) and is protected by United States and international copyright laws. You acknowledge and agree that use of the Site does not grant you any title or ownership of any Intellectual Property, which may not otherwise be used without our prior express written consent.
Without limiting the foregoing, no trademark or trade dress of TRX may be used in any manner that is likely to cause confusion or that disparages or discredits TRX.
Availability, Errors and Inaccuracies
Although we attempt to keep information on the Site current, Content on the Site should not be considered to be error-free or a comprehensive source of all information. TRX makes no warranties or representations as to the accuracy of the Content of the Site, and assumes no responsibility for any consequences relating directly or indirectly to any action or inaction you take based upon the information on this Site. Your use of the Site is subject to the additional disclaimers and caveats that may appear throughout these Terms and on the Site. Further, we reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Purchases and Payment
We may use third-party services to process payments made through the Site. By submitting your payment information, you grant us the right to provide such information (including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and CVV number) to these third parties, subject to our Privacy Notice. You also represent and warrant that (1) you have the legal authority to use the payment card information you are submitting through the Site; and (2) the information you supply to us is true, correct, and complete.
We reserve the right to refuse or cancel any order at any time for reasons including, but not limited to: product or service availability, errors in the description or price of the product or service, error in your order, suspected fraud, or unauthorized or illegal transaction.
Disclaimer of Warranties
THE SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. NEITHER TRX NOR ANY OF ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS MAKE ANY REPRESENTATIONS, WARRANTIES, OR ENDORSEMENTS OF ANY KIND WHATSOEVER AS TO THE CONTENT OR OTHER SERVICES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND FREEDOM FROM COMPUTER VIRUS. BY ACCESSING OR USING THE SITE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN ANY JURISDICTION WHERE YOU ACCESS OR USE THE SITE.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TRX, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS SHALL HAVE ANY LIABILITY TO YOU FOR ANY LOSS, DAMAGE, OR INJURY OF ANY KIND INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, COMPENSATORY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR MALFUNCTION OR LOSS OF PROFITS, DATA, USE, BUSINESS, OR GOOD-WILL, ARISING OUT OF OR IN CONNECTION WITH (1) THE SITE, (2) THESE TERMS, OR (3) YOUR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR ANY CONTENT AVAILABLE ON OR THROUGH THE SITE (EVEN IF TRX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
Indemnification
You agree to indemnify, defend, and hold TRX and its respective affiliates, directors, officers, employees, and agents harmless from and against any and all claims, causes, allegations, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising out of or in connection with any of the following: (1) your use of the Site; (2) your breach or alleged breach of these Terms; (3) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or regulatory authorities; (4) your violation of the rights of any third party, including any intellectual property right, publicity, confidentiality, property, or privacy right; or (5) any misrepresentation made by you or on your behalf.
Links to Other Websites
The Site may contain links to third-party websites or services that are not owned or controlled by TRX. TRX has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services, and cannot guarantee that such third-party content will be free of material you may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, or any files stored on such devices.
You acknowledge and agree that TRX shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or online services that you visit.
Updates to Terms
We reserve the right, at any time in our sole discretion, to modify or replace any part of these Terms and any applicable additional terms, without prior notice. You agree that we may notify you of any updated Terms by posting them on the Site and/or by sending you an email to the last email address you provided to us. All such changes are effective immediately when we post them, or such later date as may be specified in the notice of updated Terms. Your continued use of the Site following the posting of revised Terms shall indicate your acknowledgement of such changes and your agreement to be bound by the terms and conditions of such changes. If you object to any such changes, your sole recourse is to discontinue your use of the Site.
Entire Agreement; Severance; No Waiver; Assignment
These Terms incorporate by reference any notices on the Site and, together with the Privacy Notice and any applicable end-user agreements, constitute the entire agreement regarding your access to and use of the Site. If any provision of these Terms is deemed unlawful, void, or unenforceable, that provision will be severable from the remaining provisions and will not affect their validity and enforceability. TRX’s failure to enforce a given provision on any occasion shall not be construed as a waiver of such provision.
TRX may assign its rights and obligations under these Terms, in whole or in part, to any party at any time without any notice. These Terms may not be assigned by you, and you may not delegate your duties under them, without our prior written consent.
International Issues
TRX controls and operates the Site from the United States, and we make no representation that the Site is appropriate or available for use beyond the United States. You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms or to any sale of goods carried out as a result of your use of the Site.
Applicable Law and Jurisdiction
These Terms and any amendments thereto shall be governed and construed in accordance with the laws of the State of Maryland, without regard to principles of conflicts of laws. Any legal action concerning these terms or this website must be brought within one (1) year after the claim or cause of action arises and must be brought in the State of Maryland.
Investigations; Cooperation with Law Enforcement
We reserve the right to investigate and prosecute any suspected breaches of these Terms or violations relating to your use of the Site. TRX may disclose any information as necessary to satisfy any law, regulation, legal process, or governmental request.
Reservation of All Rights
All rights not expressly granted to you are reserved by TRX and its licensors and other third parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of any Content or the Site for any purpose is prohibited.
General
If you have any questions about this Agreement, please contact TRX at [email protected].
Effective Date: December 21, 2017
These Terms of Use (“Terms”) govern your relationship with TRX Systems, Inc. (“TRX,” “we,” “our,” or “us”) with respect to your access to and use of the TRX Systems website and support.trxsystems.com (the “Site”). By using the Site, you accept the Terms, which may be updated from time to time, and you consent to the collection, use, and sharing of your information and other data about your activities on the Site as described in our Privacy Notice.
When you access or use this Site, you acknowledge your understanding of, and agreement to, the Terms described below. Please review these Terms whenever you visit the Site to take notice of any changes. If you do not agree to these Terms, do not use the Site.
Accounts
You may be required to register for an account to use certain features on the Site. When you create an account with us, you represent that you are legally authorized to do so and that the information you provide to us in connection with your account is accurate, complete, and current. Each time you log into the account, you agree that:
- You are solely responsible for all activities associated with your account or carried out by a user of your account, whether or not you authorized the activity;
- You have provided and will provide accurate, current, and complete information about yourself and will update such information as appropriate or necessary;
- You will comply with all laws, rules, and regulations applicable to your use of the Site, your use of any tool, product or service offered on the Site, and any transaction you enter into through the Site or in connection with the Site;
- You will maintain the confidentiality of any username and/or password you provide and will not transfer or share your account credentials with any third party; and
- You will immediately notify us if your account credentials are lost or stolen, or if you become aware of any unauthorized use of your account.
Providing inaccurate, incomplete, or obsolete information may result in the immediate termination of your account. We reserve the right to terminate accounts, refuse service, remove or edit posted information, or cancel orders in our sole discretion.
Content
This Site contains: (1) materials and other items relating to TRX and its products and services (and similar items from our licensors and other third parties), including all layout, information, databases, articles, posts, text, data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Site, and the compilation, assembly, and arrangement of the materials of the Site and any and all copyrightable material; (2) trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including those of TRX; and (3) other forms of intellectual property (all of the foregoing, collectively “Content”). All right, title, and interest in and to the Site and the Content is the property of TRX or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible.
Limited License
Subject to your strict compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-assignable, personal, and non-transferable license to download, display, view, or otherwise use Content provided through the Site on a personal computer, browser, laptop, tablet, mobile phone, or other Internet-enabled device and/or to print one copy of such Content for your personal, non-commercial use only. The foregoing limited license does not grant you any ownership or intellectual property interest in Content on the Site and it may be immediately suspended or terminated for any reason, in our sole discretion, and without advance notice or liability. Unauthorized use of the Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
Usage Restrictions
You agree that you will not:
- Modify, adapt, or hack the Site or otherwise attempt to decipher, decompile, reverse engineer, or otherwise discover the source code of any software that makes up the Site;
- Appropriate, modify, reproduce, or disseminate any source or object code or any software or other products, tools, or processes associated with or accessible through the Site;
- Use the Site to knowingly post, transmit, upload, link to, send, or store any content that is unlawful, racist, hateful, abusive, libelous, obscene, or discriminatory;
- Use the Site in any unlawful manner, including, but not limited to, using the Site to knowingly post, send, transmit, link to, upload, or store any viruses, malware, or any other similar harmful or malicious software;
- Attempt to gain unauthorized access to the Site, other computer systems or networks connected to the Site; or
- Otherwise violate these Terms, our policies, or any additional applicable terms.
Intellectual Property Rights
TRX (and, where applicable, our licensors and suppliers) own all rights, title and interest in and to the Site and all Content, enhancements, updates, upgrades, improvements, modifications, bug fixes, additions, customizations, derivative works, whether or not developed by us, and copies thereof, and all information, methods and processes and intellectual property rights therein, including copyrights, trademarks, service marks, text, graphics, logos, images, videos and audio clips (collectively, the “Intellectual Property”).
TRX expressly reserves all rights, title and interest in and to the Site and in our Intellectual Property not expressly granted in these Terms. All Content included on this Site is the property of TRX (or our licensors and suppliers) and is protected by United States and international copyright laws. You acknowledge and agree that use of the Site does not grant you any title or ownership of any Intellectual Property, which may not otherwise be used without our prior express written consent.
Without limiting the foregoing, no trademark or trade dress of TRX may be used in any manner that is likely to cause confusion or that disparages or discredits TRX.
Availability, Errors and Inaccuracies
Although we attempt to keep information on the Site current, Content on the Site should not be considered to be error-free or a comprehensive source of all information. TRX makes no warranties or representations as to the accuracy of the Content of the Site, and assumes no responsibility for any consequences relating directly or indirectly to any action or inaction you take based upon the information on this Site. Your use of the Site is subject to the additional disclaimers and caveats that may appear throughout these Terms and on the Site. Further, we reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Purchases and Payment
We may use third-party services to process payments made through the Site. By submitting your payment information, you grant us the right to provide such information (including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and CVV number) to these third parties, subject to our Privacy Notice. You also represent and warrant that (1) you have the legal authority to use the payment card information you are submitting through the Site; and (2) the information you supply to us is true, correct, and complete.
We reserve the right to refuse or cancel any order at any time for reasons including, but not limited to: product or service availability, errors in the description or price of the product or service, error in your order, suspected fraud, or unauthorized or illegal transaction.
Disclaimer of Warranties
THE SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. NEITHER TRX NOR ANY OF ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS MAKE ANY REPRESENTATIONS, WARRANTIES, OR ENDORSEMENTS OF ANY KIND WHATSOEVER AS TO THE CONTENT OR OTHER SERVICES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND FREEDOM FROM COMPUTER VIRUS. BY ACCESSING OR USING THE SITE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN ANY JURISDICTION WHERE YOU ACCESS OR USE THE SITE.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TRX, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS SHALL HAVE ANY LIABILITY TO YOU FOR ANY LOSS, DAMAGE, OR INJURY OF ANY KIND INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, COMPENSATORY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR MALFUNCTION OR LOSS OF PROFITS, DATA, USE, BUSINESS, OR GOOD-WILL, ARISING OUT OF OR IN CONNECTION WITH (1) THE SITE, (2) THESE TERMS, OR (3) YOUR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR ANY CONTENT AVAILABLE ON OR THROUGH THE SITE (EVEN IF TRX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
Indemnification
You agree to indemnify, defend, and hold TRX and its respective affiliates, directors, officers, employees, and agents harmless from and against any and all claims, causes, allegations, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising out of or in connection with any of the following: (1) your use of the Site; (2) your breach or alleged breach of these Terms; (3) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or regulatory authorities; (4) your violation of the rights of any third party, including any intellectual property right, publicity, confidentiality, property, or privacy right; or (5) any misrepresentation made by you or on your behalf.
Links to Other Websites
The Site may contain links to third-party websites or services that are not owned or controlled by TRX. TRX has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services, and cannot guarantee that such third-party content will be free of material you may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, or any files stored on such devices.
You acknowledge and agree that TRX shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or online services that you visit.
Updates to Terms
We reserve the right, at any time in our sole discretion, to modify or replace any part of these Terms and any applicable additional terms, without prior notice. You agree that we may notify you of any updated Terms by posting them on the Site and/or by sending you an email to the last email address you provided to us. All such changes are effective immediately when we post them, or such later date as may be specified in the notice of updated Terms. Your continued use of the Site following the posting of revised Terms shall indicate your acknowledgement of such changes and your agreement to be bound by the terms and conditions of such changes. If you object to any such changes, your sole recourse is to discontinue your use of the Site.
Entire Agreement; Severance; No Waiver; Assignment
These Terms incorporate by reference any notices on the Site and, together with the Privacy Notice and any applicable end-user agreements, constitute the entire agreement regarding your access to and use of the Site. If any provision of these Terms is deemed unlawful, void, or unenforceable, that provision will be severable from the remaining provisions and will not affect their validity and enforceability. TRX’s failure to enforce a given provision on any occasion shall not be construed as a waiver of such provision.
TRX may assign its rights and obligations under these Terms, in whole or in part, to any party at any time without any notice. These Terms may not be assigned by you, and you may not delegate your duties under them, without our prior written consent.
International Issues
TRX controls and operates the Site from the United States, and we make no representation that the Site is appropriate or available for use beyond the United States. You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms or to any sale of goods carried out as a result of your use of the Site.
Applicable Law and Jurisdiction
These Terms and any amendments thereto shall be governed and construed in accordance with the laws of the State of Maryland, without regard to principles of conflicts of laws. Any legal action concerning these terms or this website must be brought within one (1) year after the claim or cause of action arises and must be brought in the State of Maryland.
Investigations; Cooperation with Law Enforcement
We reserve the right to investigate and prosecute any suspected breaches of these Terms or violations relating to your use of the Site. TRX may disclose any information as necessary to satisfy any law, regulation, legal process, or governmental request.
Reservation of All Rights
All rights not expressly granted to you are reserved by TRX and its licensors and other third parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of any Content or the Site for any purpose is prohibited.
General
If you have any questions about this Agreement, please contact TRX at [email protected].