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Last updated: Dec.10, 2024
PLEASE READ THE FOLLOWING TERMS OF SERVICE (the “Terms”) CAREFULLY before accessing or using the triunitylaw.com website (“TriUnity Site” or “Site”) provided by TriUnity Law Group LLC, a Limited Liability Company formed in Massachusetts, United States (collectively, “TriUnity,” “we,” or “us”). The TriUnity Site is a copyrighted website that is intended only for users who reside in the United States of America and who are 18 years of age or older. THROUGH YOUR ACCESS OR USE OF THE SITE, YOU AGREE (ON BEHALF OF YOURSELF OR THE LEGAL ENTITY YOU REPRESENT) THAT YOU HAVE READ, UNDERSTOOD, AND CONSENT TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ACCESS OR USE THE SITE. YOU FURTHERMORE AGREE TO BE BOUND TO THE REQUIREMENT OF THE USE OF ARBITRATION (SEE BELOW) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN A JURY TRIAL OR CLASS ACTIONS, AND YOU ALSO AGREE TO THE LIMITATION OF LIABILITY AND REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
The TriUnity Site is available to you as resource that includes general information about TriUnity, including but not limited to materials, information, images, photographs, videos, logos, graphics, icons, software, and other content (the “Content”). TriUnity will make a reasonable effort to provide information on our Site that is complete and accurate when posted. TriUnity, however, makes no warranties or representations as to the completeness or accuracy of the information presented. Further, TriUnity has no obligation and will not undertake any obligation to update any information that may change after posting. Unless it is indicated otherwise, all future releases of the Site are subject to these Terms. You acknowledge and agree that TriUnity has no obligation to provide any support or maintenance to you in connection with your access or use of the Site.
TriUnity reserves the right, at any time, to change, discontinue, modify, or suspend the Site or any part of the Site without notice to you. By using the Site, you agree that TriUnity waives all liability to you or any third party for any changes, discontinuation, modifications, or suspensions of the Site or any part of the TriUnity Site. You agree to be bound by any such revision. Please visit the Site regularly for the most up-to-date version of the TriUnity Site.
The Site, including any legal or professional information contained on the Site, is intended for general informational purposes only. THE TRIUNITY SITE AND ITS CONTENT ARE NOT A SUBSTITUTE FOR LEGAL OR PROFESSIONAL ADVICE. PLEASE CONTACT TRIUNITY OR YOUR LEGAL COUNSEL IF YOU HAVE ANY QUESTIONS OR INQUIRIES. YOU SHOULD NOT RELY ON THE INFORMATION AND MATERIALS ON THE SITE WHEN DECIDING ON A LEGAL OR PROFESSIONAL PLAN OR DECISION.
The Site is owned and operated by TriUnity. The information maintained on the TriUnity Site, including but not limited to the Content, is the exclusive property of TriUnity and its licensors. All Content is protected under copyright, trademark, and other laws. Subject to these Terms, TriUnity grants you a non-transferable, non-exclusive, revocable, limited license to access and use the Site for your own personal, non-commercial usage, provided you keep intact all copyright and other proprietary notices. You assume all responsibility for such use. Use of the Content for any other purpose is a violation of TriUnity’s copyright and other proprietary rights and a breach of the Terms.
You warrant and represent that your use of the Site is for lawful purposes only and that your access or use of the Site complies with applicable laws, and these Terms. TriUnity prohibits the use of the Site for, and you warrant and represent that you will not: (i) use any device, software, or other interface to interfere or attempt to interfere with the functionality, security, and Content of the Site; (ii) license, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit the Site; (iii) do anything which could or does disable, unreasonably overburden, damage, or impair the Site’s infrastructure or other use of the Site; (iv) modify, make derivative works of, disassemble, decipher, decompile, reverse engineer or reverse compile any part of the Site, the Content, or any of the software comprising or in any way making up any part of the Site, or attempt to do the same or that restricts or inhibits any person’s use or enjoyment of the Site, or which, as determined in our sole discretion, may harm us or the users of the Site or expose us or other users to liability; (v) post, upload, or distribute any Content or other information that is defamatory, libelous, unlawful, or that a reasonable person could deem embarrassing, harassing, hateful, indecent, objectionable, pornographic, profane, threatening, or otherwise inappropriate; (vi) impersonate or attempt to impersonate TriUnity, its employees, its contractors, or representatives; (vii) send or attempt to send any advertising or promotional material, including but not limited to spam, junk mail, malicious code, chain mail, or any similar material; (viii) access the Site to build a similar or competitive website, product, or service; (ix) conduct any fraudulent activities, including but not limited to impersonating any person or entity, claiming a false affiliation, or falsifying your age or date of birth; (x) employ any manual process, robot, spider, or other similar automatic technology, process, or means to access or use the Site for any purpose, including monitoring or copying any of the material on the Site; (xi) use any device, software, code, means, or routine that interferes with the proper working of or attacks the Site, including but not limited to viruses, trojan horses, ransomware, worms, logic bombs, denial-of-service attack, or other such mechanisms or otherwise attempting to interfere with the proper working of the Site in any way; (xii) using the Site in any way that violates applicable laws; and (xiii) except as stated herein, no part of the TriUnity Site may be copied, reproduced, distributed, republished, modified, uploaded, posted, transmitted, or distributed in any way without prior written authorization of TriUnity.
By accessing and using the Site, you agree that all intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in and on the Site and the Content are owned by TriUnity and its licensors or third-party partners. All copyright and other proprietary notices on the Site, including those related to the Content, must be retained on all copies. Nothing in these Terms, on the Site, or in the Content confer onto you or any third party any rights, titles, or interest in or to such intellectual property rights, except as otherwise stated in these Terms. TriUnity, its licensors, and third-party partners reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.
The Site and the Content may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from TriUnity, or any products utilizing such data, in violation of the United States export laws.
For the purposes of these Terms, the access, or use of the Site and the Content, or any changes or modifications to the Site or the Content is prohibited without express written permission from TriUnity. You may not copy or adapt any Content to generate any other website, document, or other materials without TriUnity’s express, written consent. The code utilized on the Site is also protected by copyright and other laws.
We comply with the Digital Millennium Copyright Act (“DMCA”), as applicable to Internet service providers (17 U.S.C. §512, as amended). If you believe in good faith that your intellectual property rights have been violated or have an intellectual property right-related complaint about Content posted on the Site, you may contact us at the following address with a notice in accordance 17 U.S.C. §512, as amended:
TriUnity Law Group LLC
ATTN: Michael Rivard
303 Wyman Street, Suite 300
Waltham, MA 02451
Email: info@TriUnityLaw.com
Your notice to us must include the following information:
• You notice should contain the “subject” – “Infringement of Intellectual Property Rights – DMCA;”
• Your name, email, address, and telephone number;
• An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest;
• A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work; and
• A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent, or the law.
TriUnity reserves the right to reject any notice that does not contain all requirements of 17 U.S.C. §512.
The TriUnity Site is not intended to and does not enable users to post or share information on the Site. TriUnity is happy to hear from you and welcomes your comments regarding TriUnity’s work or the Content via our “Contact Us” page/form or by emailing us at any of the email addresses provided on the Site, including but not limited to info@triunitylaw.com. It is against TriUnity’s policy, however, to accept or consider confidential or creative ideas, suggestions, input, inventions, notes, drawings, concepts, materials, or other information (collectively “Information”) unless specifically requested in writing by an authorized officer of TriUnity. If you independently send us any Information, it will be treated as, deemed, and will remain, the sole and exclusive property of TriUnity. By sharing Information with TriUnity, you hereby grant TriUnity an unrestricted, perpetual, irrevocable, non-exclusive, fully paid, royalty-free, sublicensable, and worldwide license to use, exploit, sublicense, and sell the Information in any manner and for any purpose, including to improve the Site, developing our products, and creating services. By sharing Information, you agree that none of the Information is subject to any obligation of confidence on the part of TriUnity and TriUnity is not and will not be liable for any use or disclosure of any Information. Without limiting the foregoing, TriUnity has exclusive ownership of all now known or existing rights to the Information and is entitled to unrestricted use of the Information for any purpose whatsoever, including but not limited to commercial or otherwise, without any compensation to you or and other provider of the Information.
The Site may include links to third-party websites, including unaffiliated third-party websites. These third-party websites are not under TriUnity’s control, and any links are provided strictly for your convenience. TriUnity accepts no liability or responsibility for your use of the links or for the accuracy, usefulness, currency, completeness, availability, legality or reliability of such third-party websites or their content, products, or services that may be obtained from these third-party websites, nor do we represent, warrant, or endorse such websites. Your use of these links is at your own risk. All third-party trademarks used on our website are the property of their respective owners and are used for reference purposes only. Nothing herein may be construed as an endorsement from TriUnity for these third-party websites.
You agree to indemnify and hold harmless TriUnity (its affiliates, directors, officers, employees, licensors, licensees, collaborators, representatives, agents, and successors) from and against any and all claims, losses, liabilities, damages, demands, and expenses (including reasonable costs, attorneys’ fees and witness fees and costs) made by any third party arising out of, resulting from or connected with: (a) your use of the Site or the Content; (b) your violation of any portion of these Terms, or any applicable laws; (c) your violation of any third-party right, including any intellectual property, confidentiality, or privacy, in connection with your access or use of the Site; or (d) any dispute or issue between you and any third party in connection with your use of the Site. TriUnity reserves all and any rights, at your expense, to assume the exclusive defense and control of any matter in which you are required to indemnify TriUnity, and you agree to use your best efforts to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of TriUnity.
TriUnity disclaims all and makes no warranties or representations as to completeness or accuracy of any Content or information on the Site. TriUnity disclaims all and assumes no liability or responsibility for any errors, omissions, inaccuracies, or the availability of the Site, the Content, or other information on the Site. TriUnity has not reviewed all the websites, including any third-party websites, which may be linked to the Site and is not responsible for the content of any other websites, webpages, or any other sites linked to this Site.
ANY USE OF OR RELIANCE ON THE SITE OR THE CONTENT IS AT YOUR SOLE RISK. THE CONTENT ON THE SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TRIUNITY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TRIUNITY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR AVAILABLE IN THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TRIUNITY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, OR RELIABILITY. IN NO EVENT WILL TRIUNITY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, YOUR ABILITY OR INABILITY TO USE THE SITE OR ANY CONTENT CONTAINED THEREIN. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
By using the Site, TriUnity and you agree that all disputes that cannot be resolved informally or through small-claims court in connection with these Terms will be resolved by binding arbitration, which is a less formal legal proceeding than a lawsuit in court. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in a court and are subject to extremely limited review by a court. This agreement to arbitrate (“Arbitration Agreement”) disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Unless otherwise agreed to, all Arbitration proceedings will be held in English. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, TRIUNITY AND YOU ARE EACH WAIVING THE CONSTITUTIONAL AND STATUTORY RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, AND THAT THIS AGREEMENT WILL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT. In the event any litigation should arise between TriUnity and you in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, TRIUNITY AND YOU WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
TRIUNITY AND YOU AGREE THAT ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Further, unless both TriUnity and you agree otherwise, the arbitrator may not consolidate more than one person’s claims and the arbitrator may not otherwise preside over any form of a representative or class proceeding.
Before either party may seek arbitration, the party must first send to the other party a written notice of dispute (“Notice”) that describes the basis and the nature of the claim or dispute, as well as the requested relief. After the Notice is received, TriUnity and you may attempt to resolve the claim or dispute informally. Notwithstanding the above, nothing in these Terms will be deemed to waive, restrict, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief to aid arbitration from a court of competent jurisdiction; or (d) to file suit in a court of law to address an intellectual property infringement claim. If TriUnity and you cannot resolve the claim or dispute within thirty (30) days after the Notice is received or a period of time mutually agreed upon by the parties, either party may begin arbitration proceedings. If TriUnity or you pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules (defined below) for the pertinent claim. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
Any arbitration between TriUnity and you will be initiated and settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in these Terms. If AAA is not available to arbitrate, the parties will agree to select an alternative ADR Provider. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding Arbitration Agreement. The rules of the ADR Provider will govern all aspects of arbitration, including the method of initiating and/or demanding arbitration, except to the extent such rules conflict with the Terms. The AAA Rules and filing forms are available online at www.adr.org, or by calling the AAA at (800) 778-7879. The arbitration will be conducted by a single, neutral arbitrator. Any claims or disputes in which the total award amount sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total award amount sought is over Ten Thousand U.S. Dollars (US $10,000.00), the right to a hearing will be determined by the AAA Rules. Any arbitration will be held in a location within 100 miles of TriUnity’s principal place of business, unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator will give the parties reasonable notice of the date, time, and place of any hearings or proceedings. Any judgment or award rendered by the arbitrator may be entered in any court of competent authority. If the dispute is finally resolved through arbitration in your favor, TriUnity will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; or (ii) $2,500.00. Each party will bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and will pay an equal share of the fees and costs of the ADR Provider.
Any Notice to TriUnity can be sent to:
TriUnity Law Group LLC
ATTN: Michael Rivard
303 Wyman Street, Suite 300
Waltham, MA 02451
Email: info@TriUnityLaw.com
If the arbitrator finds that either the substance of your claim or the relief sought in the demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse TriUnity for all costs that are otherwise your obligation to pay under the AAA Rules. The arbitrator must render a reasoned, written decision sufficient to explain the essential findings and conclusions on which any decision and/or award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment, reimbursement of fees or expenses or grant of non-monetary remedy or relief under applicable law, the AAA Rules, and the Terms at any time during the proceeding or, upon request from either party, within ten (10) business days of the arbitrator’s ruling on the merits. The arbitrator has the same authority to award relief individually as a judge in a court of law would have. The award of the arbitrator is final and binding upon TriUnity and you. All aspects of the arbitration proceedings, including but not limited to the award of the arbitrator and compliance therewith, will be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph will not prevent a party from submitting to a court of law any information necessary to enforce these Terms, to enforce an arbitration award, or to seek injunctive or equitable relief.
If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent authority, then such specific part or parts will be of no force and effect and will be severed and the remainder of the Arbitration Agreement will continue in full force and effect. Either party may waive any or all the rights and limitations set forth in this Arbitration Agreement. Such a waiver will not waive or affect any other portion of this Arbitration Agreement. This Arbitration Agreement will survive the termination of your relationship with TriUnity.
The TriUnity Site and its Content are intended for users in the United States and intended to comply with the applicable laws of the United States, without regard to the conflict of law provisions thereof. TriUnity makes no representation that Content is appropriate or available for use in other locations or jurisdictions. By continuing use of the Site, you are affirmatively consenting that your use hereof will be governed by the Commonwealth of Massachusetts and United States laws, excluding their conflict of law provisions. These Terms will not be governed by the United Nations convention on contracts for the sale of international goods, the Uniform Commercial Code, nor Incoterms. In the event of any dispute between us relating to these Terms or your use of the Site, such dispute will be governed and construed in accordance with the laws of the Commonwealth of Massachusetts, USA, without giving effect to any conflicts of laws principles. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local or national laws, if and to the extent local or national laws are applicable. TriUnity reserves the right to limit the provision of any product or service to any person, geographic region, or jurisdiction and to limit the products or services that we provide.
These Terms are effective until terminated by either party. You may terminate your agreement at any time by destroying all Content, materials, or other information obtained from all TriUnity Site and all related documentation and all copies and installations thereof, whether made under these Terms or otherwise. These Terms will terminate immediately without notice from TriUnity if in TriUnity’s sole discretion you fail to comply with any part or portion of the Terms. Upon termination, you must destroy all Content obtained from theTriUnity Site and all copies thereof, whether made in accordance with the Terms or not. The rights and obligations of TriUnity and you, which by intent or meaning have validity beyond such terminationTerms will survive such termination, including without limitation the paragraphs headed “Use of Content,” “Restrictions on Use of Materials,” “Submissions,” “Arbitration and Dispute Resolution,” “Indemnification,” “Jurisdictional Issues,” “Termination,” and “Disclaimer.”
If any of these Terms is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms will remain in full force and effect. If any provision of these Terms is held invalid or unenforceable only in part or degree, the remainder will continue in full force and effect to the extent not held invalid or unenforceable.
TriUnity’s failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding our Site and supersede and replace any prior agreements we might have had with you regarding the Site.
You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, in any way (by operation of law or otherwise) without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
These Terms comprise the entire agreement between us with respect to the subject matter contained herein and supersede all prior discussions or agreements between us with respect to such matters. We reserve the right to update these Terms at any time. We will not notify you of any changes to these Terms and advise you to return to the Terms often to be updated of any changes.
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