Terms and Conditions
1. USE OF WEBSITE.
Please carefully read this Terms of Service Agreement. By accessing or using this website, you acknowledge that you have read and understood these terms and conditions and agree to be bound by them. If you do not agree to the terms and conditions set forth herein, do not access or use this website.
2. ENTIRE AGREEMENT.
This Agreement comprises the entire agreement between you and Trilogy Flavors, Inc. (“Trilogy,” “we,” “our” or “us”) and supersedes any and all prior agreements between you and Trilogy regarding the subject matter contained therein, including any prior version of this Agreement. The term “Agreement” means the version of Trilogy’s Terms of Service Agreement posted on our website.
3. DISCLAIMER OF WARRANTY.
Access and use of our website is at your sole risk, and use of the website is on an “AS IS” and “AS AVAILABLE” basis. Even though we take reasonable measures to provide trouble-free use of our website, Trilogy does not warrant that our website, servers or emails are free of viruses or other harmful elements. Furthermore, while the information provided on this website is believed to be accurate to the best of our knowledge, Trilogy expressly disclaims any and all warranties, express or implied, regarding this website, including the implied warranties of merchantability, fitness for a particular purples, or non-infringement, as well as any warranty as to the accuracy or completeness of the website’s contents or the contents of any websites linked to our website. While we may change, update and/or improve this website and its contents at any time without notice, we do not assume any responsibility to change or update the site.
4. LIMITATION OF LIABILITY.
Trilogy shall not be liable for any direct, indirect, incidental, special, consequential or other damages resulting from the use or the inability to use this website or the services offered through the website, including but not limited to damages for loss of profits, use, data or other intangibles, even if we have been advised of the possibility of such damages.
5. LINKS TO THIRD-PARTY WEBSITES.
Links to third-party websites are provided for your convenience. Access and use of such websites is at your sole risk. Trilogy does not express any opinion on their content and will not be liable for any damages of any kind arising from the access, use of inability to use third-party websites, or for errors or omissions in their content.
The content, organization, graphics, design, compilation or other material on this website are protected under applicable laws governing intellectual property rights, including copyright and trademark laws. All names, logos and marks on this website, except as otherwise noted, are marks owned or licensed by Trilogy. The use of these marks, and any reproduction, distribution, display, performance or the creation of derivative works of this website are strictly prohibited.
This Agreement shall be governed by and construed in accordance with the laws of the state of New York. You and Trilogy agree to submit to the exclusive personal and subject matter jurisdiction and venue of the courts located in New York. If any provision of this Agreement are held by a court of competent jurisdiction to be contrary to law, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You and Trilogy agree that any cause of action arising out of or related to use of this website or this Agreement must commence within one (1) year after the cause of action arises, otherwise such cause of action is permanently barred.
December 1, 2014