Terms of Service
Welcome to the Tripass Design website (the “Site”). These terms and conditions (“Terms”) govern your use of the Site and any services or features available through the Site. By accessing or using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Site.
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Use of the Site
You may use the Site only for lawful purposes and in accordance with these Terms. By using the Site, you agree not to:
- Violate any applicable federal, state, local, or international law or regulation;
- Transmit or procure the sending of any advertising or promotional material, including any “junk mail,” “chain letter,” or “spam,” or any other similar solicitation;
- Impersonate or attempt to impersonate Tripass Design, a Tripass Design employee, another user, or any other person or entity;
- Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site or may harm Tripass Design or users of the Site, as determined by Tripass Design.
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User Content
The Site may allow you to submit, upload, publish, or otherwise make available text, images, graphics, audio, video, or other material (“User Content”). You retain all rights in, and are solely responsible for, the User Content you submit.
By submitting User Content, you grant Tripass Design a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Site and Tripass Design’s business. This includes promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels.
You represent and warrant that:
- You either are the sole and exclusive owner of all User Content or have all necessary rights, licenses, consents, and releases to grant Tripass Design the rights in such User Content as contemplated under these Terms.
- Neither the User Content nor its submission, uploading, publishing, or availability infringes, misappropriates, or violates any third party's intellectual property rights or any applicable law or regulation.
Tripass Design reserves the right to remove or modify any User Content for any reason, including User Content that violates these Terms or is otherwise objectionable.
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Intellectual Property Rights
The Site and its entire contents, features, and functionality are owned by Tripass Design, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display or perform, republish, download, store, or transmit any material on our Site without prior written permission.
You may temporarily store copies of materials in RAM and cache them for display enhancement purposes. You may also print or download one copy of a reasonable number of pages from the Site for your personal, non-commercial use and not for further reproduction, publication, or distribution.
If you wish to make any use of material on the Site beyond what is permitted by these Terms, please address your request to the contact information provided in the Contact Us section of the Site.
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Links to Third-Party Websites
The Site may contain links to third-party websites or resources. These links are provided for your convenience only and do not imply any endorsement by Tripass Design of the linked websites or resources, their content, products, or services.
You acknowledge and agree that Tripass Design is not responsible or liable for the availability, accuracy, content, or policies of third-party websites or resources. You further acknowledge and agree that Tripass Design 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 the use of or reliance on any such content, goods, or services available on or through any such website or resource.
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Disclaimer of Warranties
The Site is provided on an "as is" and "as available" basis, without any warranties of any kind, whether express or implied. Tripass Design disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Tripass Design does not warrant that the Site will be uninterrupted, error-free, or secure, or that any defects or errors will be corrected.
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Limitation of Liability
In no event shall Tripass Design, its officers, directors, employees, or agents be liable to you or any third party for any indirect, consequential, incidental, special, or punitive damages arising out of or in connection with your use of the Site, even if Tripass Design has been advised of the possibility of such damages.
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Indemnification
You agree to indemnify, defend, and hold harmless Tripass Design, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with your use of the Site, your violation of these Terms, or your violation of any rights of another.
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Termination
Tripass Design may, in its sole discretion, terminate or suspend your access to all or part of the Site for any reason, including, without limitation, any violation of these Terms. Upon termination, your right to use the Site will immediately cease. Any provisions of these Terms that, by their nature, should survive termination, shall survive, including but not limited to, the disclaimers, limitations of liability, indemnification, and intellectual property provisions.
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Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the state of Arizona, United States, without regard to its conflict of laws principles. Any legal action or proceeding arising out of or relating to these Terms or the use of the Site shall be exclusively brought in the state or federal courts located in Arizona, and you consent to the personal jurisdiction of such courts.
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Changes to the Terms
Tripass Design reserves the right, at its sole discretion, to modify or replace these Terms at any time. It is your responsibility to review these Terms periodically for any changes. Your continued use of the Site following the posting of any changes to these Terms constitutes acceptance of those changes.
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Waiver and Severability
The failure of Tripass Design to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
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Contact Information
If you have any questions or concerns about these Terms or the Site, please contact us at bfuller@tripassdesign.com or through the contact information provided in the Contact Us section of the Site.
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By using the Tripass Design website, you acknowledge that you have read, understood, and agree to be bound by these Terms and any other agreements or policies referenced herein.
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