T-REX TERMS OF SERVICE
LAST UPDATED: JUNE 2, 2015
PLEASE READ THE TERMS OF SERVICE CAREFULLY BEFORE USING THE SITES. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE T-REX’S SITES.
Users of our app and our Sites must be 18 or above. If you are under the age of 18 please stop using our Sites immediately.
THIRD PARTY SERVICES AND CONTENT
USE OF T-REX WEBSITES
When using T-REX’s Sites, you are responsible for your use of such Sites, and for any use of our Sites using your T-REX Account. You agree not to access, copy, or otherwise use our Sites, including our intellectual property and trademarks, except as authorized by these Terms of Service or as otherwise authorized in writing by T-REX. You agree not to use our Sites to:
• You will not copy, distribute or disclose any part of the Sites in any medium, including without limitation by any automated or non-automated “scraping”;
• You will not use any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Sites in a manner that sends more request messages to T-REX servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that T-REX grants the operators of public search engines revocable permission to use spiders to copy materials from the publicly available searchable indices of the materials, not caches or archives of such materials);
• You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Sites;
• You will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
• You will not upload invalid data, viruses, worms or other software agents through the Sites;
• You will not collect or harvest any personally identifiable information, including account names, from the Sites;
• You will not access the Sites through any technology or means other than those authorized by T-REX;
• You agree not to stalk, harass, bully or harm another individual who uses our Site;
• You agree not to impersonate any person or entity or misrepresent your affiliation with a person or entity;
• You explicitly agree that you will not use the Sites for any criminal communications or for transmitting any child pornography;
• You agree that you will not hold T-REX responsible for your use of our Sites;
• You agree not to violate any requirements, procedures, policies or regulations of networks connected to T-REX’s Sites;
• You agree not to interfere with or disrupt the Sites;
• You agree not to hack, spam or phish us or other users of our Sites;
• You agree to provide truthful and accurate content to the Sites;
• You agree to not violate any law or regulation and you are responsible for such violations;
• You will not use our Sites to post any false, misleading, unlawful, defamatory, obscene, invasive, threatening, harassing, inflammatory, fraudulent content;
• You agree not to cause, or aid in, the destruction, manipulation, removal, disabling, or impairment of any portion of our Site, including the de-indexing or de-caching of any portion of our Sites from a thirty party’s website, such as by requesting its removal from a search engine; and
• You will not upload any content to our Sites that includes any third party intellectual property unless you have permission from the owner to use it in the specific manner that you used it.
If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Sites may be terminated or suspended at T-REX’s discretion.
We do not guarantee that our Sites will always be available, work, or be accessible at any particular time. We reserve the right to terminate access for anyone.
COMPLIANCE WITH ALL LAWS AND REGULATIONS
T-REX is not responsible for your violation of any laws while using our Sites. Users must comply with all local, state, or federal laws regarding your use of our Sites.
INTELLECTUAL PROPERTY RIGHTS
The design of our Sites, along with T-REX created text, templates, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to T-REX, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. T-REX reserves all rights not expressly granted in and to the Sites. You agree to not engage in the use, copying, or distribution anything contained within our Sites unless we have given you express written permission.
REPRESENTATIONS AND WARRANTIES
OUR SITES ARE OFFERED “AS-IS”, INCLUDING ANY ERRORS, BUGS OR OTHER TECHNICAL ISSUES. WE EXPRESSLY DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED. OUR SITES MAY NOT BE FIT FOR A PARTICULAR PURPOSE AND MAY NOT WORK OR BE APPLICABLE WHERE YOU RESIDE. FURTHERMORE, WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITES WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, THAT THE SITES WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION, THAT ANY DEFECTS OR ERRORS IN THE SITES WILL BE CORRECTED, OR THAT THE SITES ARE COMPATIBLE WITH ANY PARTICULAR PLATFORM. T-REX IS NOT OBLIGATED TO PROVIDE YOU ACCESS TO OUR SITES. IN THE EVENT OF ANY PROBLEM WITH OUR SITES, YOU AGREE THAT YOUR SOLE REMEDY IS TO STOP USING OUR SITES.
LIMITATION OF LIABILITY
IN NO EVENT SHALL T-REX ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM (I) YOUR USE OR INABILITY TO USE OUR SITES OR FOR OUR ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITES, (III) ANY INTERRUPTION, MISINFORMATION, INCOMPLETE INFORMATION, OR CESSATION OF TRANSMISSION TO OR FROM OUR SITES TO YOU, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITES, (V) ANY FAILURE OF ANY THIRD PARTY INFORMATION LISTED ON OUR SITES, INCLUDING ANY FAILURES OR DISRUPTIONS WHETHER INTENTIONAL OR UNINTENTIONAL OR (VI) ANY ERRORS OR OMISSIONS IN OUR SITES FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF OUR SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE. YOUR ABILITY TO USE OUR SOFTWARE AND SERVICE IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT.
You agree to defend, indemnify and hold harmless T-REX, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
• your use of and access to the T-REX Site;
• your violation of any term of these Terms of Service;
• your violation of any third party right, including without limitation any copyright, property, or privacy right; or
• any claim that any of your Content caused damage to a third party.
This defense and indemnification obligation will survive this Agreement and your use of the T-REX Sites. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
T-REX and its Sites may only be used by persons 18 years and older. If you are under 18 please stop using our Sites, and do not submit any information to us.
CHOICE OF LAW
All matters relating to the App or Site, and these Terms of Service and any dispute or claim arising under or relating to our Sites or these Terms of Service, shall be governed by and construed in accordance with the internal laws of the state of New York, U.S.A. without giving effect to any choice of law provision of rule (whether of the state of New York or any other jurisdiction.)
FORUM OF DISPUTE
You agree that T-REX is not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement are deemed to conflict with each other’s operation, T-REX shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
TERMINATION OF SERVICE
We may terminate or suspend your T-REX Account, or our Site without notice, though we will strive to provide a timely explanation in most cases. Please be aware that if we terminate service, you may be entitled to a refund if applicable. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified, make an announcement on our homepage or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Site and our Service.
The communications between you and T-REX use electronic means, whether you use our Sites, or send T-REX e-mails, social media, or other messages, or whether T-REX posts notices on the Sites or communications with you via e-mail, or social media. For contractual purposes, you (1) consent to receive communications from T-REX in an electronic form; (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that T-REX provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
CALIFORNIA USERS AND RESIDENTS
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about T-REX must be addressed to our agent for notice and sent via certified mail to: T-REX Group, Inc., 214 W 29th St., 17th Floor, NYC, NY, 10001. Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.