TERMS OF USE AGREEMENT OF THE TRUSTVIIN CAPITAL

TERMS OF USE AGREEMENT

Effective Date: November 01, 2018


This Terms of Use Agreement (the "Agreement") governs your use of this website, thetrustviincapital.ag (the "Website") and the business name THE TRUSTVIIN CAPITAL ("Business Name"). This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. THE TRUSTVIIN CAPITAL reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. THE TRUSTVIIN CAPITAL will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of this Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. THE TRUSTVIIN CAPITAL encourages you to review this Agreement whenever you visit this Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with THE TRUSTVIIN CAPITAL for other products or services. Please read this terms of use agreement carefully. By using this website you agree to be bound by all of the terms and conditions of this agreement. If you do not agree to be bound by these terms of use, do not access or use this Website.


This Website contain general information about THE TRUSTVIIN CAPITAL, its businesses and the portfolio and are directed at management teams interested in partnering with THE TRUSTVIIN CAPITAL and for individuals considering possible employment with THE TRUSTVIIN CAPITAL. This Website is not an offer of securities or any form of solicitation.

In addition to these Terms of Use, The Website has established a Privacy Policy to explain how user information is collected and used by us. A copy of this Privacy Policy and is incorporated by reference into these Terms of Use. By accessing or using this Website, you are signifying your acknowledgement and agreement to THE TRUSTVIIN CAPITAL's Privacy Policy.

Intellectual Property

The Website and its content including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features (collectively, the "Website Content") and all intellectual property rights to the same are owned by us, our licensors, or both. Additionally, all trademarks, service marks, trade names and trade dress that may appear on The Website are owned by us, our licensors, or both. You shall not acquire any right, title or interest in this Website or any of the Website Content. Any rights not expressly granted in these Terms of Use are expressly reserved.

Access and Use

When accessing this Website, including without limitation to the Website Content, you agree to comply with all applicable federal, state, and local laws including, without limitation copyright law. Except as expressly permitted in these Terms of Use, you may not use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit the Website Content for any purpose whatsoever without obtaining prior written consent from us or, in the case of third-party content, its respective owner. You acknowledge that you do not acquire any ownership rights by downloading or printing Website Content.


Furthermore, except as expressly permitted in these Terms of Use,

  • You will not interfere with or disrupt the use and enjoyment of the Website by other users,
  • You will not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication,
  • You will not defame, harass, abuse, or disrupt other users of the Website
  • You will not: remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the Website or the Website Content;
  • You will not circumvent, disable or otherwise interfere with security-related features of the Website including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or the Website Content;
  • You will not use an automatic device (such as a robot or spider) or manual process to copy or "scrape" this Website or any of this Website Content for any purpose without the express written permission of THE TRUSTVIIN CAPITAL. Notwithstanding the foregoing, this Website grants public search engine operators permission to use automatic devices (such as robots or spiders) to copy the Website Content from this Website for the sole purpose of creating (and only to the extent necessary to create) a searchable index of the Website Content that is available to the public. This Website reserves the right to revoke this permission (generally or specifically) at any time;
  • You will not collect or harvest any personally identifiable information from this Website including, without limitation, user names, passwords, email addresses;
  • You will not decompile, reverse engineer, or disassemble any portion of this Website; use any software to determine or extract usage data from this Website;
  • You will not encourage conduct that violates any local, state or federal law, either civil or criminal by the use of this Website, or impersonate another user, person, or entity in this Website
  • Furthermore You agree to cooperate fully with THE TRUSTVIIN CAPITAL to investigate any suspected or actual activity that is in breach of these Terms of Use.
User Registration

In order to access or use some features of this Website, you may have to become a registered user. If you are under the age of eighteen, then you are not permitted to register as a user or otherwise submit personal information to this Website.


If you become a registered user, you will abide to provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you will create a user name and password (a "Membership"), which may permit you access to certain areas of this Website not available to non-registered users. You are responsible for safeguarding and maintaining the confidentiality of your Membership. You are solely responsible for the activity that occurs under your Membership, whether or not you have authorized the activity. You agree to notify us immediately at Contact Page of any breach of security or unauthorized use of your Membership.

Postings

We may now or in the future permit users to post, upload, transmit through, or otherwise make available on this Website (collectively, "submit") messages, templates, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials ("User Content"). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content.


We have the right, but not the obligation, to monitor User Content. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any User Content.

We do not guarantee any confidentiality with respect to your User Content. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.

You are solely responsible for your interactions with other users of the Website and any of the User Content you post. THE TRUSTVIIN CAPITAL is not liable for any damage or harm resulting from any posts by or interactions between users.

You represent, warrant, and covenant that you will not submit any User Content that:

  • violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity; You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit;
  • Is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable;
  • encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law;
  • is an advertisement for goods or services or a solicitation of funds;
  • includes personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references;
  • contains a formula, instruction, or advice that could cause harm or injury; or
  • is a chain letter of any kind.

By submitting User Content to us, simultaneously with such posting you automatically grant, or warrant that the owner has expressly granted, to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sub licensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, and publish the User Content (in whole or in part) as we, in our sole discretion, deem appropriate including, without limitation, (1) in connection with our business; and (2) in connection with the businesses of our successors, parents, subsidiaries, and their related companies. We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such User Content.


Disclaimer of Warranties

Your use of this Website and the Website Content are at your sole risk. The Website and the Website Content are offered on an "as is" and "as available" basis. THE TRUSTVIIN CAPITAL expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the Website and the Website Content, or any reliance upon or use of the Website Content.


Without limiting the generality of the foregoing, THE TRUSTVIIN CAPITAL MAKES NO WARRANTY:

  • That the information provided on this Website is accurate, reliable, complete, or timely.
  • That the links from this Website to third-party websites are to information that is accurate, reliable, complete, or timely.
  • No advice or information, whether oral or written, obtained by you from this Website will create any warranty not expressly stated herein.
Limitation of Liability

Under no circumstances shall THE TRUSTVIIN CAPITAL or its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, or their related companies be liable for indirect, incidental, special, consequential or exemplary damages (even if THE TRUSTVIIN CAPITAL has been advised of the possibility of such damages), arising out of, relating to, or in any way connected with this website or these terms of use. Your sole remedy for dissatisfaction with this website including, without limitation, the website content is to stop using this website. Such limitation shall also apply with respect to damages incurred by reason of services or products received through or advertised in connection with this website or any links on this website, as well as by reason of any information or advice received through or advertised in connection with this website or any links on this website. Such limitation shall also apply with respect to damages incurred by reason of any content posted by a third-party or conduct of a third-party on this website.


Indemnification

You will release, indemnify, defend and hold harmless THE TRUSTVIIN CAPITAL, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of,

(1) this Agreement or the breach of your warranties, representations and obligations under this Agreement;
(2) the Website content or your use of the Website content;
(3) the Products and Services or your use of the Products and Services (including Trial Products) if any listed on this Website;
(4) any intellectual property or other proprietary right of any person or entity;
(5) your violation of any provision of this Agreement;
(6) any information or data you supplied to THE TRUSTVIIN CAPITAL.

When THE TRUSTVIIN CAPITAL is threatened with suit or sued by a third party, THE TRUSTVIIN CAPITAL may seek written assurances from you concerning your promise to indemnify THE TRUSTVIIN CAPITAL; your failure to provide such assurances may be considered by THE TRUSTVIIN CAPITAL to be a material breach of this Agreement. THE TRUSTVIIN CAPITAL will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of THE TRUSTVIIN CAPITAL choice at its expense. THE TRUSTVIIN CAPITAL will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend THE TRUSTVIIN CAPITAL against any claim, but you must receive THE TRUSTVIIN CAPITAL prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of this Website and the Website Content.


Privacy

THE TRUSTVIIN CAPITAL believes strongly in protecting user privacy. A copy of this Privacy Policy and is incorporated by reference into these Terms of Use


Agreement To Be Bound

By using the Website and the Website Content, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.


General

Force Majeure. THE TRUSTVIIN CAPITAL will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.


Cessation of Operation. THE TRUSTVIIN CAPITAL may at any time, in its sole discretion and without advance notice to you, cease operation of the Website

Entire Agreement. This Agreement comprises the entire agreement between you and THE TRUSTVIIN CAPITAL and supersedes any prior agreements pertaining to the subject matter contained herein.

Effect of Waiver. The failure of THE TRUSTVIIN CAPITAL to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

Dispute Resolution: You agree that THE TRUSTVIIN CAPITAL, at its sole discretion, may require you to submit any disputes arising from the use of this Website, related services or this Agreement, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration (the “Rules”) of the Swiss Arbitration Association, by one or more arbitrators appointed in accordance with the Rules. You agree with us that this section satisfies the writing requirement of the Federal Arbitration Act. Notwithstanding the Rules, however, such proceeding shall be governed by the laws of the Buchs, St Gallen and will take place in St Gallen, Switzerland.

Governing Law; Jurisdiction: This Agreement will be governed by the laws of Buschs, St. Gallen, Switzerland, without regard to its conflict of law principles to the contrary. Neither you nor THE TRUSTVIIN CAPITAL will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of Dusseldorf, Germany. By using the Website, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.

Statute of Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Waiver of Class Action Rights: by entering into this agreement, you hereby irrevocably waive any right you may have to join claims with those of other in the form of a class action or similar procedural device. any claims arising out of, relating to, or connection with this agreement must be asserted individually.

Termination: THE TRUSTVIIN CAPITAL reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and THE TRUSTVIIN CAPITAL may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products or Services. If your access to the Website is terminated, THE TRUSTVIIN CAPITAL reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until THE TRUSTVIIN CAPITAL chooses, in its sole discretion and without advance to you, to terminate it.

Contact: All contact should be directed to info@thetrustviincapital.com. if you have any questions about this Website or this Agreement. Electronic mail or other communications through this Website to THE TRUSTVIIN CAPITAL (or any of its employees, agents or representatives) may not be secure and we do not guarantee the confidentiality of such communications.

BY USING THE WEBSITE AND THE WEBSITE CONTENT AND OR ORDERING PRODUCTS AND SERVICES FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

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