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Terms & Conditions 

Last updated 6/6/24

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Agreement to our Legal Terms

We are Tricer Vision L.L.C doing business as Elegantly Spoken and Tricer. ("Company.", "We" "Us" "Our"), a company registered in Idaho, United States at 784 CLEARWATER LOOP STE R, POST FALLS, ID 83854 

We operate the website https://elegantlyspoken.com (the "Site") as well as any other related products and services that refer or link to these legal terms ("Legal Terms") (collectively the "Services")

You can contact us by phone at 208-315-6831 email us at tricervision@gmail.com or by mail to 784 Clearwater Loop Ste R, Post falls ID 83854 United States

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity("You"), and Tricer Vision L.L.C concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS. THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

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We will provide you with prior notice of any scheduled changes to the Services you are using. Changes to the Legal Terms will become effective seven (7) days after notice is given. Except if changes apply to new functionality, and security updates, in which case the changes will be effective immediately. By continuing to use the Services after the effective date of any changes you agree to be bound by the modified terms, if you disagree with such changes, you ay terminate Services as per the section "TERM AND TERMINATION"

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The Services are intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Services, If you are a minor, you must have your parent or guardian read and agree to these Legal Terms prior to you using the Services.

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We Recommend that you print a copy of these Legal Terms for your records.

TABLE OF CONTENSE

1) OUR SERVICE

2)INTELLECTUAL PROPERTY RIGHTS

3) USER REPRESENTATIONS

4)PRODUCTS

5) PURCHASES AND PAYMENTS

6) RETURNS/REFUNDS POLICY

7) PROHIBITED ACTIVITIES

8)USER GENERATED CONTRIBUTIONS

9)CONTRIBUTION LISCENSE

10)MOBILE APPLICATION LISCENCE

11)SERVICES MANAGMENT

12)PRIVACY POLICY

13) DIGITAL MILLIENINUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY

14) TERM AND TERMINATION

15)MODIFICATIONS AND INTERUPTIONS

17) DISPUTE RESOLUTION

18)CORRECTIONS

19)DISCLAIMER

20)LIMITATIONS OF LIABILITY

21)IDEMIFICATION

22)USER DATA

23)ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SIGNATURES

24) CALIFORNIA USERS AND RESIDENTS

25)MISCELLANEOUS

26)CONTACT US

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1) OUR SERVICES

Your information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or county where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal information Security Management Act, (FISMA) etc..) so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Grahmm-Leach-Bliley Act (GLBA)

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2) INTELLECTUAL PROPERTY RIGHTS

Our Intellectual Property

We are the owner or the licensee of all intellectual rights in our Services, including all source code, databases, functionality, software, website design, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks")

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 Our content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

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The Content and Marks are provided in or through the Services "AS IS" for your personal and non commercial use only.

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Your Use of Our Services

Subject to your compliance with these Legal Terms, Including the "PROHIBITED ACTIVITIES" section below we grant you a non-exclusive, non-transferable, revokable licensee to

  • Access the services and

  • download or print a copy of any portion of the Content in which you have properly gained access

solely for your personal, non commercial use only.​

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Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

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If you wish to make any use of the Services, Content, or Marks other than as set out in this section elsewhere in our Legal Terms, please address your request to Tricervision@gmail.com if we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify, us as the owners or licensors of the Services, Content or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

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We reserve all rights not expressly granted to you in and to the Services, Content and Marks.

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Any breach of these intellectual Property Rights will constitute a material breech of our Legal Terms and your right to use our Services will terminate immediately.

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Your submissions and contributions

Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to understand the (A) rights you give us and (b) obligations you have when you post or upload any content through the Services.

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SUBMISSIONS- By directly sending us any questions, comment, suggestion, idea, Feedback, or other information about the Services ("Submissions") you agree to assign to us all intellectual property rights in such Submissions. You agree that we shall own the Submissions and be entitled to is unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgement or compensation to you.

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CONTRIBUTIONS- The Services may invite you to chat, contribute to or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast, content and materials to us or through the Services, including but not limited to text, writings,, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material ("Contributions") Any Submissions that is publicly posted shall also be treated as a Contribution.

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You understand that Contributions may be viewable by other users of the Services.

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When you post Contributions, you grant us  a license (including use of your name, trademarks, and logos): By posting any Contributions you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, world wide right, and license to use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicity, display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise. to prepare derivative works of, or incorporate into other works, you Contributions, and to sublicense the licenses granted in this section, Our use and distribution may occur in any media formats and through any media channels.

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This license includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.

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You are responsible for what you post or upload: By sending us Submissions and/or posting Contributions through any part of our Services or making Contributions accessible through the Services by linking your account through the Services to any of your social networking accounts you

  • Confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload,  or transmit through the Services any Submissions nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading.

  • to the extent permissible by applicable law, waive any and all moral rights to any such Submission and/or Contribution

  • warrant that any such Submission and/or Contributions are original to you have the necessary rights and licenses to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions and

  • warrant and represent that your Submissions and/or Contributions do not constitute confidential information

 You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses we may suffer because of your breech of (a) this section, (b) any third party's intellectual property rights or (c) applicable law

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We may remove or edit your Content: Although we have no obligations to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in our reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.

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Copyright Infringement

We respect the intellectual property rights of others. If you believe that any material available on or through our Services infringes upon any copyright you own or control, please immediately refer to the "DIGITAL MILLIENNNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY "section below.

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3) USER REPRESENTATIONS

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By using the Services, you represent and warrant that (1) you have the legal capacity and you agree to comply with these Legal Terms. (2) You are not under the age of 13. (3)  You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services (4) You will not access the Services through automated or non human means, whether through a bot, script or otherwise, (5) You will  not use the Services for any illegal or unauthorized purpose, and (6) your use of the Services will not violate any applicable laws or regulation.

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If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion therefor)

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4) PRODUCTS

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We make every effort to display, as accurately as possible the colors, features, specifications and details of the products available on the Services. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable or free from other errors, and your electronic display not reflect accurately the actual colors and details of the products. All products are subject to availability, and we can not guarantee the items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change

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5) PURCHASES AND PAYMENTS

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We accept the following forms of payment

-Visa

-Mastercard

-American Express

-Discover

-PayPal

You agree to provide current, complete and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date. So that we can complete your transactions and contact you as needed. Sales tax will be added for to the price of purchases as deemed required by us. We may change prices at any time all payments shall be in US DOLLARS

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You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to change your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing even if we have already requested or received payment.

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We reserve the right to replace any order placed through the Services, We may in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear placed by dealers, resellers, or distributors.

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6) RETURNS/REFUNDS POLICY

Please review our Return Policy on posted on the Services prior to making any purchases- Refer to Returns/Refund page.

7) PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors exempt from those that are specifically endorsed or approved by us.

 

As a user of the Services, you agree not to:

  • Systematically retrieve data or other content from the Services to create or compete, directly or indirectly, a collection, compellation, data base, or directory without express permission from us.

  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords, 

  • Circumvent, disable or otherwise interfere with security-related features of the Services, including features that prevent restrict the use or copying any Content or enforce limitations on the use of the Services and/or the Content contained therein.

  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services

  • Use any information obtained from the Services in order to harass, abuse, or misconduct

  • Make improper use of our support services or submit false reports of abuse or misconduct.

  • Use the Services in a manner inconsistent with any applicable laws or regulations

  • Engage in unauthorized framing of or linking to the Services

  • Upload or transmit (or attempt to upload and transmit) viruses, Trojan Horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text) that interferes with any party's uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services

  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

  • Delete the copyright or other proprietary rights notice from any Content

  • Attempt to impersonate another user or person or use the username of another user.

  • Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism including without limitation clear graphics interchange formats ("gifs") 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or (PCMS)

  • Interfere with, disrupt, or create an undue burden on the Services or the network or services connected to the Services.

  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portions of the Services.

  • Attempt to Bypass any measures of the Services designed to prevent or restrict access to the Services or any portion of the Services.

  • Copy or adapt the Services software, including but not limited to Flash, PHP, HTML, JavaScript or other code

  • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in anyway making up part of the Services

  • Except as may be result of stander search engine or internet browser usage, use, launch, developed, or distribute any automated system., including without limitation, any spider robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software,

  • Use a buying agent or purchasing agent to make purchases on the Services

  • Make any unauthorized use of the Services, including user names, and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means under false pretenses

  • Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise. 

  • Use the Services to advertise or sell other goods and Services

  • Sell or otherwise transferer your profile

  • Copyrights on all intellectual information and all goods

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  8) USER GENERATED CONTRIBUTIONS

The Services may invite you to a chat, contribute to, or partake in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributors") Contributors may be viewable by other users of the Services and through third party websites, As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions you thereby represent and warrant that:

  • The creation, distribution, transmission, public-display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party

  • You are the creator and owner of or have the necessary licensed, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.

  • You have the written consent, release and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion, and use your Contributions in any manner contemplated by the Services and these Legal Terms

  • Your Contributions are not false, inaccurate, or misleading

  • Your contributions are not unsolicited, or unauthorized advertising, promotional products materials, pyramid schemes, chain letters, spam, mass messages, or other forms of solicitation.

  • Your Contributions are not obscene, lewd, lascivious, filthy, harassment, violent, libelous, slanderous, or otherwise objectionable (as determined by us)

  • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse ANYONE

  • Your Contributions are not used to harass or threaten (in a legal sense of those terms) any other person and to promote violence against a specific person or class of people

  • Your Contributions do not violate any applicable law, regulation or rule

  • Your Contributions do not violate the privacy of publicity rights of any third party

  • Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health and wellbeing of minors

  • Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap

  • Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination, or suspension of your rights to use the Services.

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9)CONTRIBUTION LISCENSE

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By posting your Contributions to any part of the Services, you automatically grant, and you represent and warrant that you have the right to grant to us an unrestricted unlimited irrevocable, perpetual non-exclusive, transferable royalty free fully paid, worldwide, right, and license to host, use, copy, reproduce, disclose, sell, re-sell, publish, broadcast, retitle, archive, store, cashe, publicly perform, publicly display, reformate, translate, transmit, excerpt, (in whole or in part) and distribute, such Contributions (including without limitation) your image, your voice for any purpose, commercial, advertising, or otherwise and prepare derivative works of or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media channels.

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This license will apply to any form, media or technology now known or hereafter developed, and includes our use of your name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You Waive all moral rights in your Contributions, and you warrant the moral rights have not otherwise been asserted in your Contributions

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We do not assort any ownership over your Contributions, You retain full ownership of all of your Contributions and any intellectual property rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services  and you expressly agree to exonerate us from any and all responsibility, and to refrain from any legal action against us regarding your Contributions.

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We have the right, in our sole and absolute discretion, (1)to edit, redact, or otherwise change any Contributions (2)to re-categorize, any Contributions to place them in more appropriate locations on the Services, and (3) to pre-screen or delete any  Contributions at any tie and for any reason, without notice. We have no obligation to monitor your Contributions.

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10) MOBILE APPLICATION LISCENCE

FUTURE USE- NO AVAILABLE APP AT THIS TIME

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11) SERVICES MANAGEMENT

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We reserve the right, but not the obligation, to (1) Monitor the Services for violations of these Legal Terms (2) take appropriate legal action against anyone who, in our sole discretion violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technology feasible) any of your Contributions or any portion thereof (4) in our sole discretion and without limitation, notice or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems, and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services

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12) PRIVACY POLICY

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We care about data privacy and security. By using the Services, you agree to be bound by our Privacy Policy posted on these Services, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States if you access the Services from any other region of the world with laws or other requirements governing personal data collection, use or disclosure that differ from the applicable laws in the United States then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States Further, we do not knowingly, accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S Children's Online Privacy Policy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal submissions to us without the requisite and verifiable parental consent we will delete that information from the Services as quickly as is reasonably practical.

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13) DIGITAL MILLENNIUM COPYRIGHT ACT (DCMA) NOTICE & POLICY

Notifications

We respect the intellectual property rights of others. If you believe that any material available on or through the services infringes upon any copyright you own or control, please immediately notify, our Department of Copyright Agent using the contact information provided below (a "Notification") A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages, if you made material representation in a Notification,. Thus if you are not sure that material located on or linked to by the Services settings infringes your copyright, you should consider first contacting an attorney.

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All notifications should meet DCMA 17 U.S.C 512(C)(3) and include  the following information (1)  A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (2) identification of the copyright work claimed to have been infrindged, or if multiple copyrighted works on the Services are covered by the Notification a representative list of each works on the Services. (3) Identification of the material that is claimed to be infringing or to be the subject of ongoing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to located the material. (4) information necessary sufficient to permit us to contact the complaining party., such as address, telephone number, and if available an email address of which the complaining party may be contacted (5)  a statement that the information in the Notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.

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Counter Notifications

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If you believe your own copyrighted material has been removed from the Services as a result of a mistake or misidentification, you may submit a written counter notification to us/our Designated Copyright Agent using the contact information provided below (a "Counter Notification") To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following (1) Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed,  or disabled. (2) A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located. (3) a statement that you accept service of process from the party that tried the Notification or the party's agent. (4) Your name, address, and telephone number (5) A statement under penalty of perjury that you have a good faith that the material belief that the material in question was removed or disabled as a result of a mistake of misidentification of the material to be removed or disabled: and (6) your physical or electronic signature.

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If you send us a valid, written Counter Notification meeting the requirements described above. We will restore your removed or disabled material. Unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restore you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent  that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorneys fees. Filing a false Counter Notification constitutes perjury.

Designated Copyright Agent

Trademark Genius 

Atten: Copyright Agent

support@tradmarkgenius.com

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14) TERMS AND TERMINATIONS

 These Legal Terms shall remain in full force and effect while you use the Services. WITHOOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY RESPRESNNTATION, WARRANTY OR COVENANT CONTAINED IN THESE LEAGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOU USE OR PARTICIPATION IN THE SERVICES OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANYTIME WITHOUT WARNING IN OUR SOLE DISCREATION.

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If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a false or borrowed name, or the name of any third party, even if you may be acting on the behalf of the third party, in addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal and injunctive redress.

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16) GOVERNING LAW

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These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Idaho applicable to agreements made and to be entirely performed when the State of Idaho, without regard to its conflict of law principles

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17) DISPUTE RESOLUTION

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If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute( expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND WITHOUT THIS PROVISION YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of American-Arbitration Association ("AAA")  and where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules") both of which are available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails  to do so. Except where otherwise required applicable by the AAA rules or applicable law, the arbitrator will take place in Canyon, Idaho. Except as otherwise provided herein. The Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

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If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts location in Canyon, Idaho and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non convenes with respect to the venue and jurisdiction in such state and federal courts Application of the United Nations Convention  on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these LEGAL TERMS

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In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable , then nether party will elect to arbitrate  any Dispute falling  within that portion of this provision found to be illegal or enforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of the court.

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RESTRICTIONS

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The Parties agree that any arbitrations shall be limited to the Dispute between the Parties individually. To the full extent permitted by law :(a) no arbitration shall be joined with any other proceeding (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilized class action procedures and (c) there is no right or authority for any Dispute to be brought in a purported representatives capacity on behalf of the general public, or any other person.

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Exceptions to Arbitration

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The parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration (a) any Disputes seeking embrace or protect, or concerning the visibility if any of the intellectual property rights of a Party, (b) any Disputes related to or arising from allegations of theft, piracy, invasion of privacy, or unauthorized use: and (c) any claim for injunctive relief, if this provision is found to be illegal or unenforceable, then nether party will effect to arbitrate any Dispute talking within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of the court.

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18) CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or commissions, including descriptions, pricing availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

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19) DISCLAIMERS

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THE SERVICES ARE PROVIDED ON AN AS-IS-AND AS-AVAILABLE BASIS YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEROF, INCLUDING WITHOUT LIMITATION. THE IMPLIED WARRANTIES OF MERCHANTIABILITY FITNESS FOR A PARTICUILAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WORRANTIES OR RESPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME  NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE, WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR AND ALL PERSONAL INFORNATION AND/OR FINANCIAL INFORMATION STORED THERIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES (6) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKEWHICH MAY BE TRANSITTED THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR  (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES  WE DO NOT WARRANT ENDORSE, GARUNTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES AS WITH THE PURCHASE OF A PRODUT OR SERVICES THROUGH ANY MEDIUM OR IN ANY ENVIORMENT YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

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20) LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTSBE LIABLE TO YOU OR ANY THIIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES. EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN. OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTIONM WILL AT ALLL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY BY YOU TO US CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES IF THESE LAWS APPLY TO YOU SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

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21) IDEMNIFICATION

You agree to defend indemnify, and hold us harmless, including our subsidiaries, attitudes, and all of our respective officers, agents, partners, and employees, from and against any  loss damages, liability, claim, or demand including reasonable attorneys fees and expenses made by any third party due to or arising out of (1) your Contributions (2) use of the Services (3) breach of these Legal Terms (4) any breach of your representations and warrant issues therein these Legal Terms (5) your violations of the rights of a third party, including but not limited to intellectual property rights: or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services, notwithstanding the foregoing, we reserve the right at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnity us and you agree to cooperate, at your expense, with our defense of such claims, we will use reasonable effort to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

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22) USER DATA

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We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as the data relating  to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity  you have undertaken using the Services. You agree that we shall have no liability to you for any loss or consumption  or any such data and you herby waive any right of actions against us arising from any such loss or consumption of the data.

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23) ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SIGNATURES

Visiting the Services sending us emails, and completing online forms constitute electronic communications You consent to receive electronic, communications and you agree that all agreements, notices, disclosures, and other communications, we provide to you electronically, via email and on the Services, satisfy any legal requirements that such communications be in writing YOU HEARBY AGREE TOUSE OF ELECTRONIC SIGNATURES CONTRACTS ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC, DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITATED OR COMPLETED BY US OR VIA THE SERVICES. You hear by waive any rights or requirements under situations regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

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24)CALIFORNIA USER AND RESIDENTS

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If any complaint with us is not satisfactorily resolved , you can contact the Complaint Assistance Unit of the Division of Consumer Services  of the California Department of Consumer Affairs in writing at 1625 North Market Blvd. Suite N 112 Sacramento, California 958324 or by telephone at (800) 952-5210 or (916) 445-1254

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25) MISCELLANEOUS

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These Legal Terms and any policies or operating rules posted buys on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control. if any provision or part of a provision of these Legal Terms is determined to be unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnerships, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue or having drafted them. You herby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to exceed these Legal Terms.

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26) CONTACT US

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In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services , please contact us at 

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TRICER VISION L.L.C

7\84 S CLEARWATER LOOP STE R

POSTFALLS, ID 83854

UNITED STATES

Phone: 208-315-6831

Tricervision@gmail.com

Managertricervision@gmail.com

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