TERMS OF USE

  1. Acceptance of Terms

Trinity Logistics, Inc. (“Trinity”) makes its website www.trinitylogistics.com (the “Sites”) available to you subject to the following Terms of Use, which may be updated by Trinity from time to time without notice.  Please check these Terms of Use periodically for changes.  If you do not agree to the Terms of Use, please do not use this Site.  By using this Site, you acknowledge that you have read, understood and agree to these Terms of Use.  Your continued use of this Site following the posting of any changes to the Terms of Use constitutes acceptance of those changes.  You agree that at all times you shall keep confidential, maintain and control all user names and passwords used to limit your access to the Site, and that you are exclusively responsible for all activities that occur in connection with such user names and passwords.  You agree to immediately notify Trinity of any disclosure to, or use of, any such user names or passwords by any other individual.  Trinity will not be liable for any loss or damage of any kind, under any legal theory, caused by your failure to comply with the foregoing obligations.

  1. Privacy Policy

Any information including personal data (e.g., your name, address, telephone number, e-mail address, credit card information) you transmit to this Site will be used by us in accordance with this Site’s Privacy Policy, which can be found here: https://trinitylogistics.com/site-policies/

  1. Use of the Site

Trinity maintains the Site for your informational, non-commercial personal use, or your commercial use associated with Trinity business. Your use of the Site for any other purpose is permissible only upon the express prior written consent of Trinity. Without limiting the foregoing, you may not: (1) use the Site in a commercial manner, including by distributing, transmitting or publishing the Site or any of its content; (2) interfere with others’ use of the Site; (3) impair the Site’s operation or interfere with or disrupt the servers or networks on which it operates; (4) interfere with Trinity’s exercise of its intellectual property rights; (5) frame or otherwise co-brand the Site or any of its content; (6) deep-link to any portion of the Site; or (7) use the Site for any illegal purpose. We reserve the right in our sole discretion to terminate or restrict your use of the Site, without notice, for any or no reason, and without liability to you or any third party. In such event, We may inform your Internet service provider of your activities and take appropriate legal action.

  1. Site Content

You acknowledge and agree that all content of this Site, such as articles, text, graphics, images, links, and other material contained on this site, as well as any support materials (e.g., newsletters and brochures) (collectively, “Content”) is protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws.  You agree that as between you and Trinity, Trinity is the owner of all such Content.  You may not reproduce, distribute, republish or retransmit any Content or materials posted at this site without the prior written permission of Trinity.  Except as expressly authorized by Trinity, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or Content.  Notwithstanding the above, you may print or download one copy of the Content or materials on this Site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices.  Systematic retrieval of data or other Content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Trinity is prohibited.

  1. Third Party Sites/Information

This Site may provide links to, or information gathered from, other sites on the Internet.  Trinity makes no representations whatsoever about these sites or this information.  Other sites linked to this Site may contain information or material that some people may find inappropriate or offensive.  The provision of links to, or information gathered from, other sites on the Internet should not imply Trinity’s endorsement of any such sites or any association between Trinity and these other sites’ operators.  These sites are not under the control of Trinity, and you acknowledge that Trinity, its affiliates, and its licensors are not responsible for the accuracy, legality, decency, copyright compliance, or any other content of, or gathered from, such sites.  You also acknowledge that Trinity, its subsidiaries, its affiliates, and its licensors 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 the content, goods or services available on or through any sites linked to this Site, or your transmission of information, including personal data, to third-parties through such other sites.

  1. Submissions

You agree that any information submitted on or through the Site is subject to our Privacy Policy, the terms of which are incorporated herein by reference.  You represent, warrant and covenant that You will only submit bona fide orders for products and services through the Site.  If You provide a trademark (e.g., company logo) owned by you, your company, or your customer, to be used by Trinity in connection with its provision of services, You also grant to Trinity a royalty-free, non-exclusive right and license to use such trademark in connection with its provision of services, subject to such reasonable restrictions as you may require.  The foregoing licenses do not affect your ownership of the Submissions, unless we and you otherwise agree in writing.  You represent and warrant that you have all rights necessary to grant such licenses to us without infringement or violation of any third party rights including, without limitation, any patent, copyright, trademark or other intellectual property or proprietary rights.

  1. Disclaimer of Warranties

The Content on this Site is for informational purposes only.  ALL CONTENT INCLUDING, WITHOUT LIMITATION, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE, IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE.  THE CONTENT IS PROVIDED WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. TRINITY, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS COMPLETE, ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK.  ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THIS SITE IS DONE AT YOUR OWN DIRECTION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.  BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

  1. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL TRINITY, ITS AFFILIATES, OR ITS LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT,  PUNITIVE, INCIDENTAL OR SPECIAL DAMAGES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TRINITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) INCLUDING, WITHOUT LIMITATION, ANY THAT RESULT FROM: (i) THE USE OF, OR INABILITY TO USE, THIS SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATERIAL RELATING TO THE SITE.  TRINITY, ITS AFFILIATES AND ITS LICENSORS SHALL ONLY BE LIABLE TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED THE PURCHASE PRICE RECEIVED BY TRINITY FOR THE PRODUCT GIVING RISE TO THE LIABILITY.  THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF TRINITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.  BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES TRINITY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

  1. Representations and Warranties

You represent, warrant and covenant that:  (a) you have the power and authority to enter into this agreement; (b) you shall not use any rights granted hereunder for any unlawful purpose; and (c) you shall use this Site only as set forth in these Terms of Use.

  1. Indemnity

You agree to indemnify and hold Trinity and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including attorneys’ fees, made by any third party that arise from your use or misuse of this Site, or breach of any warranty, covenant, representation or term contained in these Terms of Use.  Trinity 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 cooperate with Trinity in asserting any available defenses.

  1. International Use

Trinity makes no representation that materials or Content on this Site are appropriate or available for use in locations outside the United States, and accessing them from territories where the Content or materials are illegal is prohibited.  If you access this site from locations outside of the United States you do so on your own initiative and you are responsible for compliance with local laws. You agree to comply will all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

  1. Copyright Policy

Trinity respects the intellectual property rights of others and expect visitors to this Site to do the same.  Trinity will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide contact details to Trinity using the information below and provide the following: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Trinity reserves the right to remove content alleged to be infringing without prior notice and at its sole discretion. Trinity may also terminate a user’s account if the user is determined to be a repeat infringer. Trinity’s designated copyright agent for notice of alleged copyright infringement appearing on the Site is:  Doug Potvin, 50 Fallon Avenue Seaford, DE  19973.  Office phone number:  302-253-3919.  Email:  doug.potvin@trinitylogistics.com.

  1. Modifications to Service

Trinity reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, this Site or some or all of the services offered through this site, with or without notice.  You agree that Trinity shall not be liable to your or to any third party for any modification, suspension or discontinuance of this site or some or all of the services offered through it.

  1. Choice of Law and Forum

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Delaware, excluding its conflicts of law rules.  You expressly agree that the exclusive jurisdiction and venue for any claim or action arising out of or relating to these Terms of Use or your use of this Site shall be filed only in the state or federal courts located in the State of Delaware, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

  1. Severability and Integration

This agreement, along with Trinity’s Terms of Sale, constitutes the entire agreement between you and Trinity with respect to this Site and the purchase of products and services through this Site, and supersedes all prior or contemporaneous communications and proposals, whether oral, written, or electronic, between you and Trinity with respect to this site.  If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

  1. Contact Information.

If have any questions or should you need any additional information about issues relating to this website and/or technical manual, please contact:

Doug Potvin
50 Fallon Avenue Seaford, DE  19973
Office phone number:  302-253-3919.
Email:  doug.potvin@trinitylogistics.com