1. GENERAL. Triple Crown Services Company, (TCSC), makes available the
information contained in triplecrownsvc.com ("this Site") subject to the terms and
conditions set forth below. Your use of this Site constitutes your acceptance of
these terms and conditions without modification by you.
2. LIMITED LICENSE. This Site is solely intended for the convenience of
the customers of TCSC. TCSC reserves the right to exclude from this Site any person
at any time with or without cause. TCSC reserves the right at its sole discretion
to terminate your access to this Site at any time with or without cause. Your access
to this Site constitutes a revocable, nonexclusive limited license to access this Site
under the terms and conditions of this agreement solely for the purposes of conducting
business with TCSC. The documents and information received from this Site are solely
for your own use and are not to be sold, released, licensed or distributed to third
parties. You agree not to transmit to this Site any unlawful, pornographic, libelous,
harassing or otherwise prohibited or objectionable material.
3. ACCURACY OF INFORMATION. The information provided by this Site is
provided "AS IS". Your use of this Site is solely at your own risk. TCSC will use its
best efforts to provide accurate and complete information; however, TCSC does not
guarantee or represent that the information provided through this Site will be free
from error, current or complete.
4. SITE. TCSC may at its discretion change or eliminate the features of this
Site or cease operation of this Site without notice to you.
5. TRANSMISSION SECURITY. Transmission of information through the Internet
is inherently not secure and might result in the loss, corruption or disclosure of
the material. You accept all risks regarding the security and confidentiality of your
transmissions to and from this Site.
6. LINKS. TCSC may from time to time provide links from this Site to other
sites as a convenience to you. Your use of such other Sites is solely at your own
risk. TCSC or its agent is not responsible for the content of any other site and
neither warrants the accuracy of nor endorses the content of such other Sites.
7. CONFIDENTIALITY. You agree to take reasonable steps to maintain the
confidentiality of the information that you receive from this Site and agree not
to disclose the confidential information of TCSC, including but not limited to prices,
services and conditions of service, to others except as permitted for the purposes
allowed by this limited license.
8. PRIVACY. TCSC will use reasonable efforts to maintain the privacy of the
information that you deliver to TCSC through this Site; however, TCSC shall be free
to make whatever use of this information that it so determines for its own internal
purposes. Receipt of information by TCSC does not obligate TCSC in any fashion with
regard to the information. TCSC will monitor transmissions made to and from this
Site. Please be aware that TCSC may on occasion be required under the law to release
your confidential information to governmental agencies and bodies and other third
parties. When required to do so by law or process of law, TCSC will comply with such
a demand to provide your confidential information.
9. COOKIES. Portions of this Site utilize "cookies" put into place by TCSC
or its agent. TCSC makes use of the information derived from these cookies for its
own internal purposes.
10. INVESTMENT DECISIONS AND FORWARD LOOKING INFORMATION. The information
contained in this Site is not intended to qualify, amend, modify, supplement or in
any other fashion change any information disclosed by TCSC under applicable federal
and state corporate and securities laws.
11. INTELLECTUAL PROPERTY. The information found on this Site will contain
the trademarks, trade names, logos and service marks of TCSC and/or other companies
and is protected by the copyright and trademark laws of the United States of America
and of other countries with regard to such trademarks, trade names, logos and service
marks. The use of these trademarks, trade names, logos and service marks on this
Site does not imply a license to you of any nature to make use of them. Unauthorized
use of these trademarks, trade names, logos and service marks is prohibited.
Any rights not granted to you under this agreement are reserved to TCSC.
12. DISCLAIMER OF WARRANTIES, LIMITATIONS OF LIABILITY. TCSC OR ITS AGENT
SPECIFICALLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THIS SITE,
ITS SOFTWARE AND THE INFORMATION PROVIDED THROUGH THIS SITE, INCLUDING BUT NOT LIMITED
TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TCSC OR ITS
AGENT DOES NOT WARRANT THAT THIS SITE WILL MEET YOUR REQUIREMENTS OR THAT THIS SITE
WILL BE IN OPERATION AT ALL TIMES. TCSC OR ITS AGENT DOES NOT WARRANT THAT THIS SITE
WILL BE WITHOUT ERROR OR VIRUS FREE. TCSC DOES NOT ASSUME ANY RESPONSIBILITY
WHATSOEVER ARISING OUT OF YOUR USE OF THIS SITE, REGARDLESS OF WHETHER NEGLIGENCE ON
THE PART OF TCSC OR ITS AGENT MAY HAVE CAUSED OR CONTRIBUTED TO ANY LOSS OR DAMAGE
SUFFERED BY YOU AS A RESULT OF USING OR RELYING UPON THIS SITE. IN NO EVENT UNDER ANY
THEORY OF LAW, WHETHER CONTRACT, TORT, WARRANTY OR OTHERWISE, SHALL TCSC OR ITS AGENT
HAVE ANY LIABILITY TO ANY PERSON FOR INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES OF ANY DESCRIPTION, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
COST OF CAPITAL OR BUSINESS INTERRUPTION EXPENSES AS A RESULT OF YOUR USE OF THIS
SITE.
13. NO THIRD PARTY BENEFICIARIES. This agreement is not intended to inure
to the benefit of any third-party.
14. NO JOINT VENTURE. Your use of this Site and the information provided
therefrom under this agreement does not constitute a joint venture, partnership or
agency relationship between you and TCSC.
15. GOVERNING LAW. This Site is controlled by TCSC or its agent from
offices in Fort Wayne, Indiana. By accessing this Site, you agree that all matters
relating to your use of this Site shall be governed by the laws of the State of
Indiana. You also agree to the exclusive personal jurisdiction and venue of the
courts of the City of Fort Wayne, Indiana, with regard to such matters.
16. ENTIRE AGREEMENT. This agreement, and if applicable, the Online
Services agreement, contain the entire agreement between the parties with regard to
the use by you of this Site. No transmission by you to TCSC can serve to modify or
amend in any fashion any provision of these agreements. Should any part of these
agreements be held by a court of competent jurisdiction to be invalid or
unenforceable, the remaining provisions shall remain in full force and effect.
The waiver by TCSC of any provision of these agreements shall not constitute either
an ongoing waiver of a requirement of these agreements or a waiver of any other
breach of these agreements. Notwithstanding the foregoing, TCSC may at its discretion
and without notice to you change the terms and conditions of these agreements. Any
such change will be effective with regard to you for any access by you that occurs
after the change in terms and conditions by TCSC is made to this Site.