1. CERTAIN DEFINITIONS

 (a) An “Affiliate” of a Person means and includes any other Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Person. For purposes of this definition, “control,” when used with respect to such other Person, means the power to direct the management and policies of such other Person, directly or indirectly, whether through the ownership of voting securities, by contract, or otherwise; and the terms “controlling” and “controlled” have the meanings relative to the foregoing.

(b) “Authorized Representative” means any director, officer, employee, agent, or other representative of TRAAG or an Affiliate of TRAAG.

(c) “Content” means Documentation, Marks, images, charts, graphs, graphics, designs, photographs, audio and video clips, software, and HTML, XML and similar code.

(d) “Documentation” means, if issued by TRAAG, any tutorial, frequently asked questions, help files, and other information that may be made available by links on this Site or through a help desk on the operation and administration of this Site.

(e) “Marks” means trademarks, service marks, logos and names and titles, of and associated with TRAAG or an Affiliate of TRAAG.

(f) “Person” means any individual, partnership, limited liability company, corporation, trust, estate, association, or any other legal or commercial entity.

 

2. DESCRIPTION OF SITE

This Site is intended to offer a venue whereby Users may obtain information about the Services offered by TRAAG and its Affiliates. Additional Services may be added and not all Services may be available at any given time.

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3. GENERAL AND ADMINISTRATION OF USE OF SITE

 (a) You agree to use this Site in accordance with these Terms, as they may be modified from time to time. Your use of this Site will at all times comply with all applicable international, federal, state, and local laws and regulations.

(b) This Site and all related computer systems, procedures, and databases created, operated, maintained or accessed by us and our Affiliates in connection with providing our Services, contain proprietary and confidential information of substantial economic value to us and our Affiliates. Any unauthorized use, misuse, or disclosure of such information is strictly prohibited and may result in civil liabilities and criminal penalties under applicable law.

(c) While TRAAG endeavors to provide You with accurate, complete and timely information, TRAAG cannot guarantee the accuracy, completeness and timeliness of all information provided by us to You via this Site. You are responsible for verifying the accuracy of information as received. TRAAG will not be liable for any direct, indirect, incidental, consequential or punitive damages arising out of your access to or use of this website. See Disclaimer Section herein.

(d) You represent to us that: (i) You have the necessary authority to enter into, and be bound by, these Terms; (ii) You are 18 years of age or older or, if You are under 18, You are using this Site with the involvement of a parent or legal guardian.

(e) If You discover that You have obtained access to information on this Site that You do not have authority to access, You agree to immediately terminate such access and inform us.

(f) By requesting information through this Site, You consent to the transmission of the requested information, which may include unique identifier information, through this Site and assume all risks of such transmission.

 

4. RELATION TO OTHER AGREEMENTS OR DISCLOSURES

Your relationship with TRAAG may be governed by agreements in addition to these Terms. If there is any conflict between any provision of these Terms and a provision a more specific agreement or agreements with us related to the same matter, then only the conflicting terms of the other more specific agreement(s) will prevail.

 

5. NOTICES, COMMUNICATIONS, AND ELECTRONIC SIGNATURES

You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to be bound by any affirmation, assent or agreement You transmit through this Site, including but not limited to any consent You give to receive communications from us solely through electronic transmission. You agree that, when in the future you click on an “I agree,” “I consent” or other similarly worded “button” or entry field with your mouse, keystroke, mobile or other device, your agreement and consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

 

6. RESTRICTIONS ON USE

Unless You have obtained our prior written permission, You may not do any of the following or permit any other Person under your authority or control to do so:

(a) Copy, reproduce, republish, upload, post, transmit, or distribute in any way material from this Site in any manner inconsistent with the purposes for which it is offered by TRAAG to its Users.

(b) Use or encourage the use of this Site, this Site or any Content for any unlawful or unauthorized purpose.

(c) Violate or infringe the rights of third parties, including copyright, trademark, patent, rights of privacy or publicity, or any other proprietary right.

(d) Transmit any advertising or promotional materials, including without limitation, “junk mail,” “surveys,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or unauthorized communication.

(e) Copy, modify, or display our name, trademarks, or logo or those of any Affiliate of ours, or any text, graphic images, or other Content from this Site.

(f) Use devices, including software, that are designed to provide repeated automated access to this Site or probe, scan, or test the vulnerability of any system or network related in any way to this Site.

(g) With the exception of web browser software, or other applications approved by us, use any software, program, application or any other device to access or log on to this Site, including our computer systems, or to automate the process of obtaining, downloading, transferring or transmitting any content from TRAAGWW.GLOBAL, including our computer systems.

(h) Include any Mark of TRAAG or its Affiliates, the name of any of our personnel, or any variation of any of the foregoing, as a metatag, hidden textual element, or any other indicator that may create a false or misleading impression of affiliation, sponsorship, or endorsement between any User and/or website and this Site.

(i) Collect or store personal data about other Users of this Web site.

(j) Transmit any material that contains any computer code or files that might interrupt, limit or interfere with the functionality of any computer software or hardware of telecommunications equipment.

(k) Use any electronic communication feature of this Site for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, hateful, offensive, or sexually explicit.

(l) Create a link from a web site to any page of this Site unless the user or the operator of the other web site has executed our then standard agreement for the granting of permission to establish such a link.

 

7. DISCLAIMERS

THE MATERIALS ON THIS SITE AND ANY MATERIALS MADE AVAILABLE ON OR THROUGH TRAAGWW.GLOBAL ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED FROM TRAAG. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TRAAG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

 

NEITHER TRAAG NOR ANY AFFILIATE OR AUTHORIZED REPRESENTATIVE OF TRAAG WARRANTS OR MAKES ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, ACCURACY, RELIABILITY, TIMELINESS OR OTHERWISE. THE MATERIALS IN THIS SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.

 

CERTAIN LINKS IN THE WEB SITE MAY LINK THE USER TO OTHER SITES ON THE WORLD WIDE WEB. THE LINKED SITES ARE NOT UNDER THE CONTROL OF TRAAG OR ANY AFFILIATE OR AUTHORIZED REPRESENTATIVE OF TRAAG AND NONE OF SUCH PERSONS IS RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES.

 

THE SITE CONTAINS INFORMATION ABOUT SERVICES WHICH MAY OR MAY NOT BE AVAILABLE IN ANY PARTICULAR REGION OR COUNTRY, AND IF APPLICABLE, MAY HAVE RECEIVED APPROVAL OR MARKET CLEARANCE BY A GOVERNMENTAL REGULATORY BODY ONLY IN SPECIFIC REGIONS OR COUNTRIES. NOTHING IN THE SITE SHOULD BE CONSTRUED AS A SOLICITATION OR PROMOTION FOR ANY PRODUCT WHICH IS NOT AUTHORIZED BY THE LAWS AND REGULATIONS OF THE COUNTRY WHERE THE READER RESIDES. THE SALE OF PRODUCTS AND SERVICES IN EACH COUNTRY WILL ALWAYS BE DEPENDENT ON AVAILABILITY.

 

AS TO THE OPERATION OF THE SITE, TRAAG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TRAAG MAKES NO WARRANTY THAT (i) THE OPERATION OF THE SITE WILL MEET THE USER’S REQUIREMENTS OR EXPECTATIONS; (ii) ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF UNAUTHORIZED CODE OR OTHER HARMFUL COMPONENTS, OR FREE OF ERROR OR MALFUNCTION; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; OR (iv) ERRORS OR DEFECTS WILL BE CORRECTED.

 

8. LIMITATION OF LIABILITY

UNLESS DUE TO WILLFUL TORTIOUS MISCONDUCT OR GROSS NEGLIGENCE, NEITHER TRAAG NOR ANY AFFILIATE OR AUTHORIZED REPRESENTATIVE OF TRAAG SHALL HAVE ANY LIABILITY IN TORT, CONTRACT OR OTHERWISE TO USERS OR ANY THIRD PARTY.

 

UNDER NO CIRCUMSTANCES SHALL TRAAG OR ANY AFFILIATE OR AUTHORIZED REPRESENTATIVE OF TRAAG BE LIABLE TO A USER OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUE, INCOME, GOODWILL, USE, DATA, TIME OR OTHER INTANGIBLE LOSSES) THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF, OR THE INFORMATION AVAILABLE ON, TRAAG.GLOBAL.

 

9. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless TRAAG and any Affiliate or Authorized Representative of TRAAG from any claim, demand, loss, costs or expense, including reasonable attorneys’ fees and costs, made by any third-party due to or arising out of your violation of these Terms or any third-party’s rights hereunder, including violation of any intellectual property or privacy right, or your violation of any law or other rights of a third party. TRAAG may, at its own expense, participate in any matter subject to indemnification by User, and User shall not settle any such matter in a manner prejudicial to the rights of TRAAG without the written consent of TRAAG, which shall not be unreasonably withheld.

 

10. PRIVACY AND SECURITY

TRAAG is committed to protecting the privacy of the users of its website and utilizes reasonable commercial standards to protect all data against unauthorized access. By using TRAAG’s website and providing data, You consent to the collection and use of the data in accordance with this Privacy Policy. In the event TRAAG changes its Privacy Policy, the changes will be posted on this page.

 

For the public portion of this website, TRAAG utilizes software which does not collect electronic data, including, but not limited to, “cookies” which are small pieces of information that a website stores on a visitor’s web browser to remind the website about the visitor the next time the visitor visits the website, a web beacon, a device ID or unique identifier, a device type, geo-location information, computer and connection information, statistics on page views, traffic to and from the sites, referral URL, ad data, IP address, e-mail address, visitor type (admin/user)and standard web log information. This information is required for TRAAG to improve, maintain and protect its Services and offerings, to develop new Services, to inform you about our Services, to tailor our offerings or to understand what issues Users may have with the website.

 

TRAAG uses appropriate controls to secure and protect your personal data from misuse and disclosure, such as strong user access controls, segmented network architecture, and comprehensive employee policies and training. TRAAG does not employ Secure Sockets Layer (SSL) encryption technology. The SSL protocol provides server authentication, data integrity, and privacy on the Web. SSL encrypts information as it is being transmitted, verifies the identity of the server and helps ensure that the original message arrives at its destination. We strive to protect your information to the extent possible. Unfortunately, no data transmitted over or accessible through the Internet can be guaranteed to be 100% secure. As a result, while TRAAG attempts to protect all personal data, TRAAG cannot ensure or warrant that Personal Data will be completely secure from misappropriation by hackers or from other criminal activities. TRAAG will notify You in the event we become aware of a security breach involving your personally identifiable information (as defined by the applicable foreign, federal, state, and local laws) stored by or for us, in accordance with applicable laws. Your use of our website is considered to be at your own risk.

 

TRAAG does not share the information with any entity other than its affiliates. TRAAG will only share the information contained therein with governmental organizations who have a right to request such information (e.g. taxing authorities) or if compelled to do so by court or regulatory order. TRAAG expressly disclaims responsibility for the privacy policies and customer information practices of third-party Internet sites linked to our website.

 

Your California Privacy Rights

California law provides that California residents have a right to request that businesses tell them how their personal information has been shared with third parties for their direct marketing purposes. Under California law, "personal information" includes your name, signature, Social Security number, physical description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. There is an exception to this requirement for businesses that have adopted and disclosed, in their privacy policy, a policy of not disclosing a person’s personal information to third-parties for direct marketing purposes if that person has exercised an option to opt-out of the disclosure of their Personal Data to third-parties for such purposes. We have adopted a policy of allowing you to opt-out of the disclosure of your personal information to third-parties for direct marketing purposes and thus fall within this exception. To opt-out of the sharing of your personal information to third-parties for direct marketing purposes, please contact our General Counsel.  

 

11. INTELLECTUAL PROPERTY

All the contents of this website, including registered and unregistered trademarks, text, graphics, logos and service marks is the property of TRAAG, except where otherwise indicated. Permission is not granted to display, copy, distribute, download, and print portions of the Contents for your non-commercial personal use and for the purpose of conducting business with TRAAG, provided that you comply in all respects with this Section. This permission terminates automatically if You breach any of these Terms.

(a) General. You acknowledge and agree that any and all intellectual property rights associated with this Site, whether now existing or arising in the future and including such rights with respect to any name or mark that we may develop for, or use in connection with, this Site, is and will be owned by TRAAG or their Affiliates, and nothing in these Terms gives or is intended to give You or any User any claim to or rights in such intellectual property.

(b) Content. The following restrictions apply to the Content:

(i) You agree that the Content is our property and/or the property of our licensees and is subject to protection by U.S. and international intellectual property laws.

(ii) Subject to these Terms, and except as expressly indicated otherwise herein or on this Site, You agree not to download, copy, store, manipulate, reformat, modify, adapt, reproduce, re-transmit, distribute, circulate, display, publish, distribute, perform, sell, rent, print or create derivative works from, or make any other use of the Content, or any portion thereof, without our prior written approval. The preceding sentence prohibits you from, among other things, posting any Content to forums, list services, newsgroups, mailing lists and electronic bulletin boards without our prior written approval.

(iii) To the extent expressly approved by us in writing, You are authorized to use and download materials that are made available on the Site only for your own needs. You may not use, distribute, modify, transmit, or post any Content obtained from the use of the Site or any functions of the Site for public or commercial purposes without our express written permission. Specifically, You are not authorized to resell access to any such materials or to redistribute or facilitate the redistribution of any such materials for sale to others. You may not delete copyright or other intellectual property rights and proprietary notices from printouts of electronically accessed materials.

(c) Marks. Nothing contained in these Terms or this Site should be construed as granting any license or right to use any of the Marks displayed on this Site. Any unauthorized use of the Marks or any other Content is strictly prohibited. You agree that the Marks may not be used in connection with any product or service that does not originate with us or our Affiliates, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits TRAAG or our Affiliates.

 

12. MODIFICATIONS, SUSPENSIONS AND TERMINATIONS

Any right granted to You in these Terms terminates immediately upon any violation of the Terms by You. We reserve the right:

(a) To suspend or terminate your access to this Site at any time without giving notice or a reason for such suspension or termination;

(b) To modify or discontinue all or any portion of this Site or any function made available thereby at any time without prior notice;

(c) To block access to the use of all or any portion of this Site or any function of this Site without prior notice in the event we elect to discontinue such service on a temporary or permanent basis or in the event that You breach this Agreement; and

(d) To block access to all or any portion of this Site if we have reason to believe that the general security and/or integrity of the system is being threatened or compromised.

 

13. JURISDICTION AND APPLICABLE LAW

Unless otherwise specified, we control and operate this Site from our offices within Switzerland. The services described on, and the information provided through, this Site are directed to, and are not intended for distribution to, or use by, any Person in any jurisdiction where such distribution or use would be contrary to law or regulation or that would subject TRAAG or any of our Affiliates or Authorized Representatives to any requirement within such jurisdiction that we deem burdensome. Persons who access this Site do so of their own volition and are responsible for compliance with local laws or regulations applicable in their access-point jurisdiction.

The Terms and any dispute of any type that may arise between a User and TRAAG and its Affiliates and Authorized Representatives concerning the use of this Site will be governed by the statutes and laws of the England & Wales without regard to conflicts of laws principles thereof. If you take legal action relating to the Terms, you and we consent and agree to submit to the exclusive personal jurisdiction and venue of the courts of England & Wales and, specifically, the Courts in London, England with respect to such matters.

 

14.MISCELLANEOUS 
(a) If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions.

(b) The headings of the provisions are for descriptive purposes only and will not modify or qualify any of the rights or obligations set forth in such provisions.

 

If You have any questions about these Terms or the practices of this website, you may contact TRAAG’s General Counsel.

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