Terms & Conditions

Last updated May 22, 2020

1. Introduction

Acceptance of Terms of Use

Trivium TAE LLC, doing business as Trivium China (“Trivium”, “we”, “us”, or “our”) offers paid access (a “Subscription”) to our Trivium Markets website https://markets.triviumchina.com (the “Site”) and the content contained therein (“Premium Content”). All references to “you” or “your” means each person who visits the Site and/or creates an account and registers for a Subscription (a “Subscriber”, and together with visitors, “Users”), as applicable. These Terms of Use govern your access to the Site and your Subscription, unless you have entered into a separate [Subscription Agreement] with us, in which case that [Subscription Agreement], and not these Terms of Use, governs your access to the Site and your Subscription.

Entities

If you use the Site or become a Subscriber on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the Terms will be deemed an acceptance by that entity, and “you” and “your” will refer to that entity. Subscriptions are available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By registering for a Subscription, you represent and warrant that you are eligible.

2. Subscriptions

Registration

To receive a Subscription and obtain full access to the Premium Content, you will be asked to create an account by providing certain profile details, such as [your first and last name, a username, a password, and a valid payment method]. It is a condition of your Subscription that all the information you provide to us is current and complete. You acknowledge and agree that all information you provide to us, regardless of the method by which you provide it, is governed by our Privacy Policy. You consent to all actions we take with respect to your information consistent with our Privacy Policy.

Security

You must treat any username, password, or other security information as confidential, and you must not disclose it to any other person or entity. Your account is personal to you and you agree not to provide any other person with access to it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Term

If you register for a Subscription, the term of your Subscription will be one year from the date of registration (the “Term”). If you have registered via credit card, your Subscription will automatically renew each year on the anniversary of your registration, at the pricing and under the terms then in effect, unless you or Trivium cancels it in accordance with these Terms of Use prior to renewal. If you have subscribed via manual payment, an invoice will automatically be issued to you requesting payment for renewal.

Subscription Fee

You will be charged a “Subscription Fee” for the initial Term of your Subscription on the date of registration. Thereafter, a Subscription Fee will be automatically charged on the anniversary of the registration date for each subsequent Term unless the Subscription has been cancelled prior to such date in accordance with these Terms of Use. Subscription Fees are charged in advance and as a general matter are non-refundable. We reserve the right to issue credits or refunds in our discretion. If we do issue a credit or refund, we are not obligated to issue the same or similar credits or refunds in the future. We may change the Subscription Fee from time to time in our discretion by providing you written notice and a reasonable opportunity to terminate your Subscription. Any such changes will go into effect beginning with the next Term of your Subscription.

Payment

By providing a payment method to us, you authorized Trivium to charge your Subscription Fees to such method as they become due. Trivium uses a third-party payment provider to process payments for Subscriptions. You understand and agree that the third-party processor is solely responsible for controlling, processing, or fulfilling charges made through its system. You will be subject to the terms of use and privacy policy of the third-party processor when making payments through that processor.

3. Suspension and Cancellation

Suspension

If we are unable to collect payment from you when due, whether because your payment method on file with us expires or otherwise becomes invalid or for any other reason, we have the right to immediately suspend your Subscription (including access to all Premium Content) until you provide an updated form of payment and make payment for all then outstanding Subscription Fees.

Cancellation by Trivium

In addition to Trivium’s right to suspend your Subscription described in Section 3.1, Trivium may terminate your Subscription at any time and for any reason in its discretion by providing written notice to you of the termination. Your Subscription and access to all Premium Content will be discontinued immediately and you will be entitled to a prorated refund for the current Term. You will not be charged a Subscription Fee for any subsequent Term following notice of termination.

Cancellation by You

You may cancel your Subscription at any time and for any reason by providing written notice to us. Your Subscription will no longer be automatically renewed and your access to Premium Content will continue through the remainder of the current Term. You will not be charged a Subscription Fee for any Term following your termination request; however, you will not be entitled to any refund of a Subscription Fee, prorated or otherwise, for the Term in which the cancellation was made or any prior Term.

4. Intellectual Property Rights

General

The Site, its entire contents (including Premium Content), including but not limited to all information, software, text, displays, images, video and audio, artwork, and the design, selection and arrangement thereof, are owned by Trivium, 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.

Right to Access

Subject to your complete compliance with these Terms of Use including full payment of all Subscription Fees, Trivium hereby grants you a non-exclusive, non-transferable right to access the Premium Content during the Term of your Subscription. Such use is limited to your internal business purposes.

Trademarks

The names Trivium TAE LLC, Trivium China, Trivium Markets, and all related names, logos, product and service names, designs and slogans are trademarks of Trivium or its affiliates. You must not use such marks without the prior written permission of Trivium. All other names, logos, product and service names, designs and slogans on the Site are the trademarks of their respective owners.

Restrictions

You shall not use the Site or the Premium Content for any purposes beyond the scope of the access granted in these Terms of Use. You shall not at any time, directly or indirectly, and shall not permit any person or entity to:

  • copy, modify, or create derivative works of the Premium Content, in whole or in part
  • rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Premium Content
  • reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Site, in whole or in part
  • remove any proprietary notices from the Premium Content use the Premium Content in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law

5. Privacy Policy

All personal information Trivium collects is subject to our Privacy Policy. By accessing the Site or registering for a Subscription, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

6. Use of the Site and Premium Content

Responsibility

You are responsible and liable for all uses of the Site and Premium Content made through access from your Subscription, directly or indirectly, whether such access or use is permitted by or in violation of these Terms of Use.

Prohibited Uses

You may use the Site and Premium Content only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries)
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise
  • To impersonate or attempt to impersonate Trivium, a Trivium employee, another user or any other person or entity (including, without limitation, by using email addresses or usernames associated with any of the foregoing)
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Trivium or users of the Site or expose them to liability
  • In any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site
  • Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site
  • Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent
  • Use any device, software or routine that interferes with the proper working of the Site
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site
  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or
  • Otherwise attempt to interfere with the proper working of the Site

7. Reliance on Information Posted

All Premium Content and other information on the Site is information of a general nature and does not address the circumstances of any particular individual or entity. Neither Trivium or its affiliates, nor its or their partners, owners, or employees (the “Trivium Parties”) is a registered broker-dealer or investment adviser. No Premium Content or other information on the Site constitutes legal, tax, investment, or financial advice, nor does it constitute a comprehensive or complete statement of the matters discussed or the law relating thereto. Nothing contained on the Site, including the Premium Content, constitutes a solicitation, recommendation, endorsement, or offer by the Trivium Parties or any third-party service provider to buy or sell any securities or other financial instruments. None of the Trivium Parties is a fiduciary by virtue of any person’s use of or access to the Site or any information contained therein (including Premium Content).

The Premium Content represents the personal and subjective views of the Trivium Parties, and is subject to change at any time without notice. The Premium Content is obtained from sources which the Trivium Parties believe to be reliable. However, the Trivium Parties have not independently verified or otherwise investigated all such information. The Trivium Parties do not guarantee the accuracy or completeness of any such information. Subscriber assumes the sole responsibility of evaluating the merits and risks associated with the use of any Premium Content or other information on the Site before making any decisions based on such Premium Content or other information.

8. Changes to the Site

We may update the Site from time to time, but its contents are not necessarily complete or up to date. Any of the material on the Site (including Premium Content) may be out of date at any given time, and we are under no obligation to update such material.

We reserve the right to withdraw or alter the Site, and any content (including Premium Content) we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including Subscribers.

If the Site contains links to other websites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

10. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY CONTENT OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SITE AND ANY CONTENT OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE AND ANY CONTENT OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER TRIVIUM NOR ANY PERSON ASSOCIATED WITH TRIVIUM MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER TRIVIUM NOR ANYONE ASSOCIATED WITH TRIVIUM REPRESENTS OR WARRANTS THAT THE SITE OR ANY CONTENT OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY CONTENT OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TRIVIUM HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

11. Limitation on Liability

IN NO EVENT WILL TRIVIUM, ITS AFFILIATES, OR ITS OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT OR ANY CONTENT OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

12. Indemnification

You agree to defend, indemnify and hold harmless Trivium, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, any use of the Site’s content (including Premium Content), other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site.

13. Miscellaneous

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Site.

Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Governing Law and Jurisdiction

All matters relating to the Site and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York of the United States of America, without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York in each case located in the City of New York, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At Trivium’s sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use or the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York law.

Waiver and Severability

No waiver of by Trivium of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Trivium to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Trivium with respect to the Site and your Subscription, if applicable, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site and Subscription.

14. Contact Us

All other feedback, comments, requests for technical support and other communications relating to the Site should be directed to: hq@triviumchina.com.