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TERMS OF USE
AGREEMENT
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEB SITE
Welcome to
Trimark Advertising, Inc. DBA Trimark advertising,
trimarkadvertising.com, trimarkfirm.com, trimarkfirm.com. We maintain
this Web site as a service to our customers and for informational
purposes only. By using our site, you are agreeing to comply with and
be bound by the following
Terms of Use Agreement (Agreement)
including but not limited our Privacy Policy and other
terms that might be posted from time to time in relation to a specific
service, all of which are incorporated herein by reference.
Please review the following terms carefully. If you do not agree to
these terms, you should not access information or obtain products or
services from this site.
1.
Acceptance of Agreement.
You agree to the terms and conditions outlined in this Agreement with
respect to the use of Trimark Advertising (the ''Site''). This
Agreement constitutes the entire and only agreement between Trimark
Advertising and you, and supersedes all prior or contemporaneous
agreements, representations, warranties and understandings with
respect to the Site, its content, products or services provided by or
through the Site.
2.
Updates and Amendments.
Trimark Advertising reserves the right to amend this Agreement at any
time from time to time without specific notice to you. You are
responsible for checking this page periodically for changes and
updates to this Agreement. Your use of the site following any posted
change(s) will be deemed an acceptance thereof.
3.
Trimark Advertising Proprietary Rights and Permitted Use.
The Site, including without limitation any content, graphics, text,
logos, icons, flash animation, images, audio clips, illustration and
software (hereinafter “Content”) offered thereon, are the property of
Trimark Advertising and/or its affiliates and listing
businesses. It is protected by the copyright and/or other intellectual
property laws of the United States and internationally. You are hereby
granted a limited, non-exclusive license solely to view, download and
to retain a copy of pages of this Site for your own personal use. Do
not duplicate, publish, modify, or otherwise distribute the material
on this Site unless specifically authorized in writing by Trimark
Advertising. Do not remove these legal notices or other
acknowledgements or credits, or any related information, contained on
this Site. You are further prohibited from using the information for
any commercial purposes whatsoever, including without limitation,
telemarketing. Your right to use the Site is not transferable.
Copyright.
All Content of
this site is the property of Trimark Advertising and is protected by
copyright laws of the United States and all applicable international
copyright laws and treaties. Trimark Advertising authorizes you to
view and download the Content of this Site for your personal use only.
This authorization does not in any way constitute a transfer of title
in the Content and is subject to the following restrictions: i) you
must not remove any copyright notices and/or other legal proprietary
notices contained in the Content; ii) you may not modify the Content
in any way or reproduce, publicly display, perform, distribute or
create a derivative work thereof, or otherwise use the Content for any
public or commercial purpose; and iii) you may not transfer the
Content to any third party, unless you give them notice of, and they
agree to be bound by this Agreement.
Trademarks.
Trimark Advertising and other trademarks that appear on this
Site are either trade names, trademarks or registered trademarks of
Trimark Advertising, its affiliates or listed businesses. All such
trademarks are protected under the intellectual property laws of the
United States and all applicable international laws and treaties.
4.
Editing, Deleting and Modification.
Trimark Advertising reserves the right in its sole discretion
to edit or delete any documents, information or other content
appearing on the Site and/ or terminate any service at any time and
without notice.
5.
User contribution to the site.
Trimark Advertising does not require you to provide any
confidential or proprietary information via the site. You agree that
any information or materials provided by you or any person acting on
your behalf to Trimark Advertising will not be considered confidential
or proprietary. By providing any such information or materials to
Trimark Advertising, you grant Trimark Advertising and its affiliates
an unrestricted, irrevocable, worldwide, royalty-free license to use,
reproduce, display, publicly perform, transmit and distribute such
information and materials, and you further agree that Trimark
Advertising is free to use any ideas, concepts or know-how that you or
individuals acting on your behalf provide to Trimark Advertising. You
should not, in any case provide any information or materials to
Trimark Advertising that is defamatory, threatening, obscene,
harassing, or otherwise unlawful, or that incorporates the proprietary
material of any other party. Any personally identifiable information
you may provide to Trimark Advertising via this Site is protected by
the Privacy Policy
associated with this Site.
6.
10% Discount Offer.
Trimark Advertising’s listing partners may offer a discount to users
of our website. This discount offer is voluntary, and the listing
partner is solely responsible for the discount offer provided. No
listing partner can be forced by Trimark Advertising or its
agents to give this discount. Trimark Advertising will not and cannot
be forced to honor any discounts its listing partners do not fulfill.
Any dispute with Trimark Advertising listing businesses should be
dealt with the individual businesses with no involvement from Trimark
Advertising owners, employees, and/or agents.
7.
Third-Party Sites and Services.
Trimark Advertising allows access to or advertises third-party
merchant sites (Merchants) from which you may purchase certain goods
or services. You understand that Trimark Advertising does not operate
or control the products or services offered by Merchants. Merchants
are responsible for all aspects of order processing, fulfillment,
billing and customer service. Trimark Advertising is not a party to
the transactions entered into between you and Merchants. You agree
that use of such Merchants’ sites is AT YOUR SOLE RISK AND IS WITHOUT
WARRANTIES OF ANY KIND BY TRIMARK ADVERTISING, EXPRESSED, IMPLIED OR
OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE,
MERCHANTABILITY OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES IS TRIMARK
ADVERTISING LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS
BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT
SITES OR ANY OTHER SITE LINKED TO THIS SITE.
8.
Third-Party Merchant Policies.
All site’s policies (including privacy policies) and operating
procedures of Merchants will apply to you while on such sites. Trimark
Advertising is not responsible for information provided by you to
Merchants. Trimark Advertising and the Merchants are independent
contractors and neither party has authority to make any
representations or commitments on behalf of the other.
9.
Linking to and from Trimark Advertising.
All links to the Site must be approved in writing by Trimark
Advertising. However, Trimark Advertising allows such links that are:
(i) text-only links containing only the name "Trimark Advertising";
(ii) pointing only to Trimark Advertising and not to inner pages of
the Site (deep linking is not allowed); and (iii) when activated by a
user, display Trimark Advertising in a full-screen, fully operable and
navigable browser window and not within a "frame" on the linked
website. In any event, the appearance, position, and other aspects of
the link may neither create the false appearance that an entity or its
activities or products are associated with or sponsored by Trimark
Advertising, nor be damaging or diluting the goodwill associated with
the name and trademarks of Trimark Advertising or its Affiliates.
Trimark Advertising reserves the right to revoke this consent
to link at any time at its sole discretion.
The Site contains
links to other web sites. Trimark Advertising is not responsible for
the content, accuracy or opinions expressed in such web sites, and
such web sites are not investigated, monitored or checked for accuracy
or completeness by Trimark Advertising. Inclusion of any linked Web
site on our Site does not imply approval or endorsement of the linked
Web site by us. If you decide to leave our Site and access these
third-party sites, you do so at your own risk.
10.
Disclaimer of Warranties.
THE INFORMATION
FROM OR THROUGH THE SITE IS PROVIDED ''AS IS,'' ''AS AVAILABLE,'' AND
ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT
LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION
AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
Trimark Advertising AND OUR AFFILIATED PARTIES HAVE NO LIABILITY
WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR,
BUT NOT AS A LIMITATION THEREOF, Trimark Advertising AND OUR
AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF
BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON
BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE),
PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL
ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN Trimark Advertising AND
YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH
LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM Trimark Advertising THROUGH THE SITE SHALL CREATE
ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS
AGREEMENT.
11.
Limitation of Liability.
ALL RESPONSIBILITY
OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE
ELECTRONIC FILE CONTAINING THE FORM OR DOCUMENT IS DISCLAIMED. TRIMARK
ADVERTISING WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR
INABILITY TO USE THE SITE. TRIMARK ADVERTISING MAXIMUM LIABILITY
TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU
PAY FOR ANY GOODS, SERVICES OR INFORMATION.
12.
Exclusions and Limitations.
Some jurisdictions do not allow the exclusion of certain warranties or
the limitation or exclusion of liability for incidental or
consequential damages. Accordingly, some of the above limitations may
not apply to you.
13.
Indemnity.
You agree to indemnify and hold Trimark Advertising, its subsidiaries,
affiliates, officers, agents, co-branders, and other partners and
employees, harmless from any loss, liability, claim or demand,
including reasonable attorney's fees, made by any third party due to
or arising out of user content you submit, post to, or transmit
through the Site, your use of the Site, including your use of the Site
to provide a link to another Site or to upload content or other
information to the Site, or your violation of this Agreement or any
applicable laws or the rights of another.
14.
Securities Laws.
This Site may include statements concerning Trimark Advertising
operations, prospects, strategies, financial condition, future
economic performance and demand for our products or services, as well
as Trimark Advertising intentions, plans and objectives, which are
forward-looking statements. These statements are based upon a number
of assumptions and estimates which are subject to significant
uncertainties, many of which are beyond our control. When used on our
Site, words like ''anticipates,'' ''expects,'' ''believes,''
''estimates,'' ''seeks,'' ''plans,'' ''intends'' and similar
expressions are intended to identify forward-looking statements
designed to fall within securities law safe harbors for
forward-looking statements. The Site and the information contained
herein does not constitute an offer or a solicitation of an offer for
the sale of any securities. None of the information contained herein
is intended to be, and shall not be deemed to be, incorporated into
any of our securities-related filings or documents.
15.
Copyrights and Copyrights Agents.
Trimark Advertising
respects the intellectual property of others, and we ask you to do the
same. If you believe that your work has been copied in a way that
constitutes copyright infringement, please provide our Copyright Agent
with the following information:
(a)
An electronic or physical signature of the person authorized to
act on behalf of the owner of the copyright interest;
(b)
A description of the copyrighted work that you claim has been
infringed;
(c)
A description of where the material that you claim is
infringing is located on the Site;
(d)
Your address, telephone number, and e-mail address;
(e) 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; 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.
Our Copyright
Agent for Notice of claims of copyright infringement on the Site is
Trimark Advertising, Inc. who can be reached as follows:
By mail:
Trimark
Advertising
Copyright Agent
209 E. Alameda Ave., Suite 100
Burbank California
91502
By e-mail:
info@trimarkfirm.com
16.
U.S. Export Controls.
Trimark Advertising makes no representation that this Site content is
appropriate or available for use at other locations outside the United
States and access to the Site from territories where its content is
illegal is prohibited. However, if you choose to use the Site, you
understand, acknowledge and agree that your use of the Site is
governed by this Agreement and the laws and regulations of the United
States regarding online conduct and acceptable content. If you use the
Site in a jurisdiction that prohibits or restricts the use of the
Site, you agree that your use of the Site will be at your own risk,
without limitation of any other provision of this Agreement, and that
Trimark Advertising shall not have any liability with respect to such
use. Software from this Site is subject to United States export
controls. No software from this Site may be downloaded or otherwise
exported or re-exported (i) into (or to a national or resident of)
Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to
which the United States has embargoed goods; or (ii) to anyone on the
United States Treasury Department's list of Specially Designated
Nationals or the United States Commerce Department's Table of Deny
Orders. By downloading or using the Software, you represent and
warrant that you are not located in, under the control of, or a
national or resident of any such country or on any such list.
17.
Miscellaneous.
This Agreement shall be treated as though it were executed and
performed in Burbank, California, and shall be governed by and
construed in accordance with the laws of the State of California
(without regard to conflict of law principles). Any cause of action by
you with respect to the Site (and/or any information, products or
services related thereto) must be instituted within one (1) year after
the cause of action arose or be forever waived and barred. All actions
shall be subject to the limitations set forth in Sections 9, 10 and
11. The language in this Agreement shall be interpreted in accordance
with its fair meaning and not strictly for or against either party.
All legal proceedings arising out of or in connection with this
Agreement shall be brought solely in Los Angeles, California. You
expressly submit to the exclusive jurisdiction of said courts and
consent to extraterritorial service of process. Should any part of
this Agreement be held invalid or unenforceable, that portion shall be
construed consistent with applicable law and the remaining portions
shall remain in full force and effect. To the extent that anything in
or associated with the Site is in conflict or inconsistent with this
Agreement, this Agreement shall take precedence. Trimark Advertising
failure to enforce any provision of this Agreement shall not be deemed
a waiver of such provision nor of the right to enforce such provision.
Privacy Policy
Trimark
Advertising
understands and respects your concerns about privacy and is committed
to protecting any personal information that you may provide to us. In
particular, we believe it is important for you to know how we treat
information about you that we may receive through this Web site.
This Privacy
Policy is part of and should be read in conjunction with the
Terms of Use Agreement (Agreement) posted
on the Site. Trimark Advertising reserves the right to modify this
Privacy Policy at any time from time to time. You are responsible for
checking this page periodically for changes and updates to the Privacy
Policy. Your use of the Site following any posted changes to the
Privacy Policy will be deemed an acceptance of such changes.
This Site is not
intended for use by persons under the age of thirteen. Individuals who
are under the age of thirteen are hereby prohibited from submitting
content and/ or any personally identifiable information about
themselves to Trimark Advertising. We do not knowingly solicit or
collect personal information from or about children, and we do not
knowingly market our products or services to children.
By submitting any
personal information to this Site, you consent to the collection and
processing of such information in the United States and/or any other
country.
1. Personally
identifiable information collected by Trimark Advertising collects
from you, and how Trimark Advertising uses such information.
Trimark
Advertising collects and stores personal information through different
parts of this Site including online order forms. This information may
include your legal name, email address, age, gender, address,
telephone number(s), financial information, User ID, User Password and
other self-identifying information. Trimark Advertising collects this
information for the purpose of providing you with our customized
services that fit your preferences. We may make message boards and
discussion forums available to you. If you choose to voluntarily
disclose certain information on any such public area of the Site, this
Privacy Policy will not cover such disclosure of information. We urge
exercising caution when disclosing information on public message
boards or discussion forums. We may also collect information about
you in surveys or for sweepstakes and contests on the Site and
information about the searches you perform and the pages you visit on
the Site.
Trimark
Advertising
may also monitor, on an anonymous aggregate basis, patterns of use in
connection with emails that it sends out, in order to enhance the
content of our news letters that we send out to our users. We may also
automatically collect your Internet Protocol address for technical
support. We may also use your information to contact you, if
necessary.
2. Sharing
the collected information.
Trimark Advertising will not sell, rent or barter your personal
information other than to its business partners as set forth herein.
However, we may from time to time aggregate statistical information
regarding our customers, traffic patterns and site usage, or sell our
research, which may contain aggregate information. In addition, we may
report aggregate information to our advertisers. Such aggregate
information will not individually identify any user.
We reserve the
right to disclose any information if such action is necessary (a) to
conform to the requirements of the law or to comply with legal process
or subpoena served on Trimark Advertising, (b) to protect and defend
the legal rights or property of Trimark Advertising, the Site, or its
users, or (c) in an emergency, to protect the health and safety of its
users or the general public. We further reserve the right to release
any information concerning any user if that user participates (or is
reasonably suspected of participating) in any illegal activity, even
without a subpoena, warrant, or other court order. We cooperate with
law enforcement agencies in identifying those who may be using our
servers or services for illegal activities. We also reserve the right
to report any suspected illegal activity to law enforcement for
investigation or prosecution.
3. Choices
you may have regarding the collection, use and distribution of your
information.
You may occasionally receive updates about the products or services.
In the event you are requested to register, you may be given an
opportunity to "opt in" to receive mailings from Trimark Advertising
and/or its partners. You may subsequently contact us to request to be
removed from this list.
Trimark
Advertising
reserves the right to limit any registrations on our Site to those who
will accept our information and to those who will provide the
requested information.
4. Use of
cookies.
Trimark Advertising uses cookies to store and sometimes track
information about you to help provide customized services to you. A
cookie is a small amount of data that is transferred to your
computer's hard drive. All portions of the Site that prompt you to log
in or that are customizable require that you accept cookies. Cookies
will not be used by us to retrieve any information about you, or from
your computer, that you have not voluntarily given to us. Cookies may
also be placed on your computer when you link from the Site to our
partners' web sites or when you click banner ads provided on our Site.
Trimark Advertising is not responsible for Cookies placed on your
computer by third parties by or through the Site. You can usually edit
your browser not to accept cookies, but the features of our Site may
not function properly if you do not accept cookies.
5. Protecting
your information.
For all our transactions, we employ reasonable and current Internet
security methods and technologies. Where appropriate, we password
protect, use encryption techniques and install firewalls. We strive to
protect you. We encourage our participating service providers to adopt
and honor their own consumer privacy policies. For all our efforts to
safeguard your privacy, no system can be guaranteed. We cannot ensure
or warrant the security of any information that you transmit to us, or
that we transmit to you, or guarantee that it will be free from
unauthorized access by third parties. Once we receive your
information, we use reasonable efforts to ensure its security on our
systems.
6. Access,
update and delete your information.
You are responsible for maintaining and updating your account
information as to keep current and accurate. You may view, update
and/or edit your account information you have provided to Trimark
Advertising by logging in to your account and following the
appropriate instructions.
7. Other
parties web sites.
The Site may contain links to other web sites and advertising. While
we try to link only to sites that share our high standards and respect
for privacy, we are not responsible for the content, security, or
privacy practices employed by other sites.
8. Contact
us.
Please direct any questions or comments you may have regarding our
Privacy Policy to:
Customer Service
Trimark
Advertising
209 E. Alameda
Ave., Suite 100
Burbank California
91502
By e-mail:
info@trimarkfirm.com
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