Trinary Capital is Proud to Be a Veteran Owned Business
Thank you for visiting the website of Trinary Capital, LLC. By accessing this website (the “Site”), you agree to accept the following Terms of Use pertaining to the use of the Site, which constitutes a legal agreement between you and Trinary Capital, LLC (“Trinary Capital”), as well as our Privacy Policy. The Site was designed to help our members view information regarding their accounts and to use information, content, messages, products, services, software, and databases available through the Site. The Site is only available to members (referred to throughout as “you”) who agree to the following Terms of Use.
If you do not accept these Terms of Use, you may not use the Site. Trinary Capital reserves the right to modify these Terms of Use without notice, and each use of the Site constitutes your acceptance to be bound by the terms set forth in the Terms of Use as modified at the time of such use.
1. Permitted Uses of the Site and Limited Grant. Trinary Capital will provide you with certain web-based account services (more fully described in the Client Advisory Contract (the “Site Services”) that utilize certain content, information, trademarks, service marks, trade names, trade dress, logos, copyrights, and other intellectual property (the “Content”). In using the Site Services and accessing the Content, you shall at all times comply with the Terms of Use as set forth below, as may be revised from time-to-time.
The majority of the Content provided in connection with the Site Services is Trinary Capital’s property and is protected by applicable copyright law. Trinary Capital grants you a limited, revocable, nonexclusive and nontransferable right to view, store, bookmark, download, copy, and print pages that may include Content from the Site for your personal and non-commercial use only. Unless you receive our express written permission in advance, you may not exploit any of the Site Services or Content commercially, forward it as a mass distribution, or post it on another website. You agree not to reproduce, retransmit, disseminate, sell, distribute, publish, broadcast, circulate or commercially exploit the Content in any manner without our express written consent. You agree that you will not use the Content for any unlawful purpose. You further agree to comply with all our reasonable written requests intended to protect the Content and Trinary Capital’s rights in the Content and Site Services.
If you link other websites to this Site, you may not imply or suggest that Trinary Capital has endorsed or is affiliated with such websites and you may not display this Site as “Framed” within another website.
2. Prohibited Uses of the Site and Content. Trinary Capital does not grant, by implication, estoppel, or otherwise, any license or right to use Content on this Site other than those set forth above, and you shall not make any other use of such Content without Trinary Capital’s express written permission.
You may not:
Trinary Capital has the right to monitor this Site for any unauthorized or objectionable conduct and will take all appropriate actions in response, without notice to you. Trinary Capital reserves the right to change or supplement Site policies at any time to the fullest extent permitted by applicable law. Violations may result in civil or criminal liability to the offending member, and we may, in addition to any other remedy available at law or equity, terminate the member’s account or ability to access the Site or Content. Trinary Capital may also cooperate with law enforcement organizations, and provide requested information to third parties who have provided notice to us stating that they have been harmed by a member’s failure to abide by these Terms of Use.
3. No Guarantees. Investors should always rely on multiple sources in the process of making a fully informed investment decision. Trinary Capital makes no guarantee or specific representation regarding the likelihood or probability that any actual or hypothetical investment will in fact achieve a particular outcome or perform in any predictable manner. Any historical return information on the Site does not represent the actual performance of any specific investor’s account and may not reflect all factors that could impact such performance for an individual investor. Past performance is not a guarantee of future success and returns in any period may be far above or below those of a previous period. No representation is being made that any investment will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided. Investing involves risk and investments with Trinary Capital may lose value. Trinary Capital also utilizes information from third-party sources, including independent market quotations and index information. Trinary Capital cannot guarantee the accuracy of information coming from any third-party sources. While Trinary Capital believes these sources of information to be legitimate, it cannot under any circumstance guarantee that these sources are complete or totally accurate. Trinary Capital believes such information to be reliable and adequately comprehensive but does not represent that such information is in all respects complete and accurate.
4. Alerts. Trinary Capital may send email notices about investments or other subjects that we believe will be of interest to you (“Alerts”), should you decide to sign up for such Alerts. Your subscription or use of any Alert will serve as an acknowledgement that you have read and understood these applicable limitations and conditions. Trinary Capital does not guarantee the accuracy, completeness, or timeliness of information available through Alerts. Reliability of your receipt of Alerts and their timeliness will also depend on factors outside of our control, including Internet, email, and cellular service availability and transmission capabilities. Alerts are not offers to sell or a solicitation of an offer to buy any particular security. Any investment decision you make on the basis of Alerts is your sole responsibility. Alerts are sent through unencrypted email or via text message, and Trinary Capital is not liable for any unauthorized use or interception, or charges associated with such transmissions. If you subscribe to Alerts, you acknowledge that you have read and understood this notification.
5. Investment Performance. Trinary Capital is not representing that any investment will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided. The Site contains forward-looking statements, which reflect Trinary Capital’s current views with respect to, among other things, the operations and performance of certain securities or mutual funds. Forward-looking statements are subject to various risks and uncertainties. Accordingly, there are or will be important factors that could cause actual outcomes or results to differ materially from those indicated in these statements. Trinary Capital has no obligation to publicly update or review any forward-looking statement, whether as a result of new information, future developments or otherwise. Further, the investments and strategies discussed in the Content may not be suitable for all investors and are not obligations of Trinary Capital or guaranteed by Trinary Capital. Decisions based on the Content and the Site are the sole responsibility of the member.
6. Indemnity. As consideration for access to the Site, you agree to indemnify and hold harmless Trinary Capital from and against any claims whatsoever and of any nature for damages, losses, and causes of action arising out of or in connection with any decisions that you make based on such Content, your use of the Site, or your violation of our Site policies, including the Privacy Policy and these Terms of Use. You agree to make Trinary Capital whole for any and all claims, losses, liabilities, and expenses (including attorneys’ fees) arising from your use of the Site or any violation of these Terms of Use unless prohibited by law.
7. International Use. The Content provided in or accessible through the Site is meant for residents of the United States and is not intended for use by any person in any jurisdiction or country where such use would be contrary to law or regulation which would subject Trinary Capital to any registration or other requirement within such jurisdiction or country. Trinary Capital cannot guarantee that the Site or the Content may be available or appropriate for use in all jurisdictions or by all users, or that access by any user in any place is not illegal or prohibited. Users who access the Site from international locations do so at their own risk and subject to the laws of any applicable jurisdictions.
8. Site Communications. Subject to any applicable terms and conditions set forth in our Privacy Policy, any communication or other material that you send to Trinary Capital through the Internet or post on the Site, by email or otherwise, is and will be deemed to be non-confidential as between you and us, and Trinary Capital shall have no obligation of any kind with respect to such information.
9. Linked Sites. Trinary Capital does not and cannot review or monitor all third-party websites that may link to the Site and is not responsible for the Content of any such websites. Trinary Capital may, from time to time, provide links to other third-party websites for the convenience of its members. The inclusion of these links does not imply an endorsement, representation, or warranty by Trinary Capital with respect to any linked websites or the information, products, or services contained or accessible therein. Trinary Capital therefore DISCLAIMS RESPONSIBILITY FOR THE POLICIES AND PRACTICES OF THIRD-PARTY WEBSITES HYPERLINKED FROM THE SITE.
10. Passwords. Members who have access to the password-protected portions of the Site are responsible for maintaining the confidentiality of their own account information, member names, passwords, two-factor authentication codes and/or security questions and answers that they may use to access protected areas on the Site. Members who lose their password should notify Trinary Capital technical support immediately if you become aware of any disclosure, loss, theft, or unauthorized use of your password. You are responsible for all activities through and under your member account.
Remember, sharing your password or other confidential information with a third party is a violation of these Terms of Use. Trinary Capital will not be responsible for any loss that arises from failure to follow these provisions.
11. Disclaimer of Warranties. ALTHOUGH TRINARY CAPITAL USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP TO DATE INFORMATION THIS SITE, ERRORS AND OMISSIONS MAY STILL OCCUR. THE ELECTRONIC SERVICES AND CONTENT PROVIDED ON THIS SITE ARE THEREFORE PROVIDED “AS IS” AND “AS-AVAILABLE,” WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. TRINARY CAPITAL DISCLAIMs ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND TITLE/NON-INFRINGEMENT. USE OF OUR SERVICES, SITE, AND CONTENT IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT THE SERVICES, SITE AND CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE AND CONTENT ARE COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM, OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITEWILL BE CORRECTED. FURTHERMORE, WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF SITE AND CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, QUALITY, RELIABILITY, SECURITY, APPROPRIATENESS FOR A PARTICULAR TASK OR APPLICATION, CURRENTNESS, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF OUR OBLIGATIONS HEREUNDER.
12. Arbitration. With respect to arbitration agreements:
You agree and acknowledge that any controversy between you and Trinary Capital, or any of Trinary Capital’s officers, directors, employees, or agents, which controversy arises out of these Terms of Use or the Site or any Content provided thereon, will be settled by binding arbitration. Such arbitration will be conducted by and subject to the rules then in effect of the American Arbitration Association or the Judicial Arbitration and Mediation Services (JAMS).
Any arbitration conducted pursuant to this section will take place in Los Angeles, California. Arbitration shall be initiated by filing a demand for arbitration with one of the organizations specified above. Any award the arbitrator makes will be final, and judgment on it may be entered in any court having jurisdiction. This arbitration agreement shall be enforced and interpreted exclusively in accordance with applicable federal law, including the Federal Arbitration Act. Any costs, fees or taxes involved in enforcing the award shall be fully assessed against and paid by the party resisting enforcement of said award.
13. Limitation of Liability and Damages. IN NO EVENT SHALL TRINARY CAPITAL BE LIABLE TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE (OR INABILITY TO USE) OR DISTRIBUTION OF THE SITE OR ANY INFORMATION, MATERIALS, OR CONTENT OBTAINED THROUGH USE OF THE SITE, EVEN IF A MEMBER OR USER ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES, BUT IS NOT LIMITED TO, CLAIMS FOR LOST PROFITS, TRADING LOSSES, AND DAMAGES THAT MAY RESULT FROM THE USE, INCONVENIENCE, DELAY, OR LOSS OF USE OF THE CONTENT OR FOR OMISSIONS OR INACCURACIES IN THE CONTENT. AS A CONDITION TO ACCESSING OR RECEIVING THE CONTENT AND USING THE SITE, YOU EXPRESSLY AGREE TO WAIVE ANY CLAIM YOU MAY HAVE AGAINST TRINARY CAPITAL OR ANY OTHER PERSON INVOLVED IN TRANSMITTING ANY INFORMATION WE MAKE AVAILABLE TO YOU IN PROVIDING THE SITE AND CONTENT.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG IMPLIED WARRANTIES LAST, THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, OR THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THESE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS, WHICH MAY VARY FROM JURISDICTION TO JURISDICTION.
14. No Liability for Events Outside Trinary Capital’s Control. Trinary Capital will not be liable for any loss that results from a cause outside its control, including but not limited to: (1) failure of electronic or mechanical equipment or communication lines; (2) cellular or other connection problems; (3) bugs, errors, configuration problems, or hardware and software incompatibility; (4) failure or unavailability of Internet access; (5) problems with Internet service providers or other equipment or services relating to your personal computer or network; (6) problems with data transmission facilities; or (7) unauthorized access, theft, operator errors, labor disputes, or acts of God. Trinary Capital is also not responsible for any damage to your computer, software, modem, cellular device, wireless device, or any other property resulting in any way from your use of the Site and Content.
15. Copyright. All Content on the Site is subject to copyright, trademark, and other proprietary rights and laws. No part of this Site or Content may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying or recording, or by any information storage or retrieval system, without Trinary Capital’s express written consent.
16. Data Transmission. You acknowledge that data, including e-mail, electronic communications and personal financial data, may be accessed by unauthorized third parties when communicated between you and us, or third party vendors such as PayPal, when using the Internet, other network communications facilities, telephone or any other electronic means. You agree to use software produced by third parties, including, but not limited to, “browser” software that supports a data security protocol compatible with the protocol used by Trinary Capital. Until Trinary Capital notifies you otherwise, you agree to use software that supports the Secure Socket Layer (SSL) protocol or other protocols accepted by us and follow our log-on procedures. You acknowledge that Trinary Capital is not responsible for notifying you of any upgrades, fixes or enhancements to any such software or for any compromise of data transmitted across computer networks or telecommunications facilities, including, but not limited to, the Internet.
17. Termination. Trinary Capital reserves the right to terminate your access to the Site or any portion of them in its sole discretion, without notice and without limitation, for any reason whatsoever. Trinary Capital may, among other reasons, terminate your access for improper use of the Site, unauthorized access to your account, breach of these Terms of Use or the Privacy Policy, or violation of the Client Advisory Contract where applicable.
18. Governing Law. The laws of the State of Wyoming govern these Terms of Use, without reference to Wyoming’s conflict of laws rules.
19. Severability. If any of the provisions of these Terms of Use are found or deemed by a court to be invalid or unenforceable, such provisions shall be severable from the remainder of these Terms of Use and shall not render the remainder of these Terms of Use invalid or unenforceable.
20. Waiver. Trinary Capital shall not, by mere lapse of time without giving notice or taking other action, be deemed to have waived any breach by a member or use of this Site regarding any of the provisions of these Terms of Use. Such waiver shall also not be construed as, or constitute, a continuing waiver of such breach or of other breaches of these Terms of Use.
21. Complaints, Comments, and Suggestions. Trinary Capital strives to give its members optimal service. If you have a complaint, comment, or suggestion, please contact us atdavidnicholson@trinarycapital.com. Please provide us with your contact information, and details and the reason behind your complaint, comment, or suggestion.