Terms of Use

These terms of use are entered into by and between you and TrellisWare Technologies, Inc. (“TrellisWare”). The following terms and conditions, together with any documents incorporated herein by reference (collectively, these “Terms”), govern your access to and use of trellisware.com, including any content, functionality and services offered on or through trellisware.com (the “Site”). These Terms apply to all visitors, users and others who access or use the Site. Please read these Terms carefully prior to using the Site. By using the Site, you accept and agree to be bound and abide by these Terms and our Privacy Policy. If you do not agree to any part of these Terms or Privacy Policy, you may not access or use the Site.

This website is offered to users who are 18 years of age or older. By using this Site, you represent that you are over the age of 18.

Changes

All Site content is subject to change without notice. TrellisWare reserves the right to change or modify these Terms at any time. Any such changes, modifications, additions, or deletions to the Terms shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to, posting new Terms on the Site. Any use of the Site after such change or modification shall be deemed to constitute acceptance by you of such changes, modifications, additions, or deletions. TrellisWare may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time without notice or liability. TrellisWare may also impose limits on certain features and services or restrict your access to parts of the Site without notice or liability.

Privacy

Your use of the Site is subject to TrellisWare’s Privacy Policy, which you may access from the Site. Please review our Privacy Policy, which also governs the Site and informs users of our data collection, processing, use, and disclosure practices.

Ownership

The Site and all material contained on or downloadable through the Site, including, but not limited to, text, images, documents, graphics, photos, video, audio and other multimedia content (the “Site Content”), and all intellectual property rights embodied in the Site Content, are the exclusive property of TrellisWare, its licensors, and other providers of such materials. By offering this website for use, TrellisWare provides you with a worldwide, nonexclusive, nontransferable, revocable, limited right to access and use the Site and Site Content for personal, non-commercial purposes, strictly subject to and in accordance with these Terms.

You may not reproduce, duplicate, copy, download, store, further transmit, disseminate, distribute, transfer, or otherwise exploit this Site, Site Content, or any portion hereof without TrellisWare’s prior written consent, except (i) to the extent temporarily stored by your computer incidental to your accessing and viewing of the Site; and (ii) you may print or download a reasonable number of copies for your own personal, non-commercial use and not for further reproduction, publication, or distribution. You may not modify copies of any materials from this Site or delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site. You may not access or use for any commercial purposes any part of this Site or any Site Content without TrellisWare’s prior written consent. The posting of Site Content to the Site by TrellisWare does not constitute a waiver of any rights of TrellisWare or its licensors in the Site Content, or transfer to you or anyone else any rights in or to the Site Content.

Trademarks

TRELLISWARE, TRELLIS//SPHERE, TSM, and all related names, logos, product and service names, designs and slogans are trademarks of TrellisWare and its licensors. You must not use such marks without the prior written permission of TrellisWare. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.

Any unauthorized use of any trademark of TrellisWare or its affiliates, licensors, or providers may be a violation of applicable trademark laws. Any third-party names or trademarks referenced on the Site do not constitute or imply affiliation, endorsement, sponsorship, or recommendation by TrellisWare of the third-parties, or by the third-parties of TrellisWare.

Hyperlinks

The Site may contain links to third-party websites. These links are provided to you solely for your information and convenience. TrellisWare does not control the content or operation of third-party sites, and makes no representation, warranty or endorsement with respect to the products or services depicted or offered on such sites. Your use of such third-party sites will be subject to the terms of use, privacy policy and other policies as the operators of such third-party sites have established. TrellisWare is not responsible for these third-party websites or their content or security.

Disclaimer

TRELLISWARE PROVIDES THIS SITE AND ITS CONTENTS ON AN “AS IS” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE OR ITS CONTENTS. TRELLISWARE DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, TRELLISWARE DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT.

Limitation of Liability

NEITHER TRELLISWARE NOR ANY OF ITS EMPLOYEES, OTHER REPRESENTATIVES, OR AFFILIATES SHALL BE LIABLE FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR ANY LINKED SITE. UNDER NO CIRCUMSTANCES SHALL TRELLISWARE HAVE ANY LIABILITY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OR COSTS, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA, OR LOSS OF GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, AND ANY CLAIMS OF THIRD-PARTIES, ARISING OUT OF OR IN CONNECTION WITH THE USE, COPYING, OR DISPLAY OF THIS SITE OR ITS CONTENTS OR ANY LINKED WEBSITE, REGARDLESS OF WHETHER TRELLISWARE HAS BEEN ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY THEREOF.

Indemnification

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, TRELLISWARE, ITS AFFILIATES, JOINT VENTURES, BUSINESS PARTNERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUCCESSORS IN INTEREST FROM AND AGAINST ANY CLAIMS, LOSSES, LIABILITIES AND EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING FROM YOUR USE OF THE SITE OR SITE CONTENT, THE BREACH OF THESE TERMS OR THE PRIVACY POLICY, AND/OR ANY REPRESENTATIONS OR WARRANTIES MADE BY YOU WITH RESPECT TO SUBMISSIONS (AS DEFINED BELOW) MADE BY YOUR OR ON YOUR BEHALF TO OR THROUGH THE SITE.

User Conduct

By accessing, browsing, or using this Site, you agree to the following restrictions:

  • You will not use, intentionally or unintentionally, any of the content, information, or services on this Site in a manner contrary to or in violation of any applicable international, national, federal, state, or local law, rule, or regulation having the force of law;
  • You will not use this Site in any manner that could harm, infect, take over, disable, or otherwise impair any of our computer systems, including, but not limited to, the servers, networks, and other components connected to or used for this Site;
  • You will not engage in any activity on or in connection with the Site that unduly stresses the Site, including by way of example and not limitation, mass downloading of Site Content or engaging in or facilitating denial of service attacks on the Site;
  • You will not interfere with any other party’s use and enjoyment of this Site, or of any of the content, information, or services provided on this Site;
  • You will not submit, post, introduce, distribute, upload or transmit to or through the Site: (i) material that is illegal, indecent, obscene, libelous, defamatory, disparaging, false or misleading; (ii) unsolicited advertising, promotional material, or other forms of solicitation; (iii) material that would infringe or violate the intellectual property, privacy or other rights of third-parties; (iv) any virus, worm, Trojan horse or other malicious, disabling or destructive code, or (v) a signature, avatar, screen name or other identifier that impersonates another person or otherwise misleads as to the source of a Submission or posting;
  • You will not attempt to gain unauthorized access to any services, accounts, computer systems, or networks connected to any server used for this Site, through password mining, hacking, or any other means;
  • You will not use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities, or users;
  • You will not engage in any activity on or in connection with the Site meant to compromise or circumvent Site security, including by way of example and not limitation, the use of any forged TCP/IP headers or header components, or to derive passwords of third-parties in an attempt to gain unauthorized access to the Site, to any materials or information not intentionally made available by us, or TrellisWare’s systems or data;
  • You will not modify any of the information provided on this Site;
  • You will not collect any email addresses made available on this Site for purposes of promotions or marketing campaigns; and
  • You will not use or otherwise export or re-export this Site, any Site Content, or any portion thereof, in violation of the export control laws and regulations of the United States of America or any other country.

Any breach of these provisions by you, or any other unauthorized or prohibited use of the Site or Site Content may subject you to civil liability or criminal prosecution under applicable laws.

Submissions

The Site may provide opportunities for you to submit information, inquiries, feedback, or other materials to TrellisWare (each, a “Submission”, and, collectively, “Submissions”).  All Submissions, whether submitted via e-mail, web form or otherwise, irrespective of any legends included in or on such Submissions, shall be deemed non-confidential by TrellisWare.  By delivering a Submission to the Site, you hereby grant to TrellisWare a fully paid-up, non-exclusive, perpetual, worldwide and royalty-free license to use such Submission as TrellisWare deems appropriate (and subject to any limits on use set forth in the Privacy Policy).  You agree that TrellisWare may reproduce, transmit, distribute, adapt, perform, display and create derivative works from or based upon your Submission(s).  TrellisWare reserves the right at any time and without notice to reject, refuse to accept or post, or delete or remove any Submission.

In the event the Site permits active interchanges among participants – for example, forums, bulletin boards or other opportunities for parties to share information and ideas – you acknowledge and agree that, subject to the immediately following sentence, TrellisWare is under no obligation to, and may not prescreen, edit or otherwise review such postings before they are made available through the Site.  Notwithstanding the foregoing, TrellisWare reserves the right at any time, for any reason and without notice, to remove or delete postings or to shut down any on-line forums or other exchanges facilitated through the Site.  No such postings shall be deemed to reflect the opinions or views of TrellisWare, its owners, directors, officers or employees.  To the fullest extent permitted by applicable law, TrellisWare shall in no event be liable or responsible to you or anyone else for any such postings.

To the extent you submit any Submission, or participate in any Site-facilitated exchange, you hereby represent and warrant that you have all necessary rights in and to all Submissions and postings made by you or on your behalf.  You further represent and warrant that any such Submissions or postings will not infringe, dilute or constitute a misappropriation of any third-party’s copyright, patent, trademark, trade secret or other intellectual property right, violate any person’s right of privacy or publicity, or constitute obscene, indecent, unlawful, defamatory or libelous material.

If you are under the age of 13, you may not register with or otherwise make Submissions to the Site.  If you are over the age of 13, but under 18, Submissions may be submitted on your behalf only with the prior permission of your parent(s) or legal guardian(s).  Any parent or legal guardian agreeing to these rules for the benefit of an individual between the ages of 13 and 18 acknowledges and agrees that he or she is fully responsible for such Submissions, and for any legal liability that may apply under these Terms or the Privacy Policy with respect to such Submission(s) or registration or use of the Site by a minor for whom permission has been granted by him or her.

International Users and Jurisdiction

This Site is maintained and controlled by TrellisWare in the United States of America. TrellisWare makes no representation that materials on this Site are appropriate or available for use at other locations outside of the United States and access to this Site from territories where this Site’s contents are illegal is prohibited. If you access this Site from locations outside the United States, you are responsible for compliance with all local laws. This information is subject to all laws, regulations and administrative acts, now or hereafter in effect of the U.S. government regarding the exportation and/or re-exportation of information. The recipient of this information acknowledges that they will be responsible for compliance as necessary with such laws, regulations, and administrative acts.

Termination

You acknowledge and agree that TrellisWare, in its sole discretion, may terminate your access to the Site if your conduct is found to be unlawful, inconsistent with, or in violation of, the letter or spirit of these Terms, or for any other reason. TrellisWare shall not be liable to you or any third-party for termination of Site access. Should you object to any terms and conditions of these Terms, or to any subsequent modifications thereto, your only recourse is to immediately discontinue use of the Site and Site Content.

All provisions or obligations contained in these Terms which by their nature or effect are required or intended to be observed, kept, or performed after termination shall survive any termination of your rights under these.

Waiver and Severability

No waiver by TrellisWare of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by TrellisWare to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Choice of Law

These Terms are subject to and shall be interpreted in accordance with the laws of the State of California, without regard to its conflicts of laws provisions.  By using the Site, you waive any claims that may arise under the laws of other states, countries, territories or jurisdictions, and agree that any dispute, legal action or proceeding between you and TrellisWare that concerns or relates in any way to your access and use of the Site, Site Content, Submissions, postings or other material or any information available via the Site shall be brought exclusively in federal or state court, as applicable, in the State of California.  Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis.  Neither you nor TrellisWare will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity.

Contact TrellisWare

If you have any questions, claims or issued related to the Site, the Site Content, Submissions or your use of the foregoing, please contact legal@trellisware.com.