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Effective as of 2 August 2021.
These Terms of Use govern access to and use of the Tragur.com Web site or service offerings allowing connection to Tragur's mobile-enhanced versions of its online Web sites (together, the “Tragur Electronic Platforms”). The Tragur Electronic Platforms are hosted by or for Tragur LLC and its parent, subsidiaries and affiliates (with such entities referenced herein collectively as “Tragur” or with “we” or “us”).
Important – This is a legal agreement between you (referenced herein with “you”, “your,” or “user”) and Tragur. As a condition to using the Tragur Electronic Platforms, you agree to be legally bound by all the terms and conditions contained in these Terms of Use (which we reference herein collectively as the “Agreement”). Please read this entire Agreement carefully. Tragur is willing to allow access to and use of the Tragur electronic platforms and provide its related information, services, software functionality, or materials only on the condition that you accept and agree to all of the terms and conditions contained in this agreement. If you do not agree with this agreement, you are not granted permission to access or otherwise use the Tragur electronic platforms and are instructed to exit immediately.
By downloading, accessing, or using the Tragur Electronic Platforms, you also represent that you are at least 18 years old or you are at least the minimum legal age to enter into an enforceable contract in the jurisdiction in which you are using the Tragur Electronic Platforms. In addition, when you use any future version of the Tragur Electronic Platforms or any changes made a part of any current version, you acknowledge and agree that you also will remain subject to this Agreement (as amended). Please print a current copy of this Agreement for your records.
Please also note that Tragur reserves the right to change the terms and conditions of this Agreement by posting a revised Agreement or mailing and/or e-mailing notice thereof to you. Your continued use of the Tragur Electronic Platforms following any announced change will be conclusively deemed acceptance of any change to the terms and conditions of this Agreement. Accordingly, please review the Agreement found at this location on a periodic basis.
Trademarks
Tragur and all other names, logos, and icons identifying Tragur and its programs, products, and services, including any logos, page headers, icons, designs, or trade dress and whether not appearing in large print or with an accompanying symbol, are proprietary trademarks of Tragur and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. Other product and company names mentioned herein may be the trademarks and/or service marks of their respective owners. Any use of such marks without the express written permission of Tragur is strictly prohibited, and nothing stated or implied on the Tragur Electronic Platforms confers on you any license or right under any trademark of Tragur or any third party.
Copyright
All text, images, photographs, graphics, user interface, and other content provided on the Tragur Electronic Platforms, the “look and feel” of such content, and the selection, coordination, and arrangement of such content, are owned by Tragur or its third-party licensors. Tragur also holds rights in the contents on the Tragur Electronic Platforms as a compilation or collective work. Any downloadable or printable programs, information, or materials available through the Tragur Electronic Platforms and all intellectual property and/or proprietary rights related thereto, unless otherwise expressly indicated in writing, are owned exclusively by Tragur and/or its licensors or suppliers.
Nothing stated or implied on the Tragur Electronic Platforms confers on you any further license or right under any copyright of Tragur or any third party. The Tragur Electronic Platforms and the information contained in reference herein are for your personal, non-commercial use only. Except as otherwise specifically permitted herein, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of the Tragur Electronic Platforms, or use the contents of the Tragur Electronic Platforms in litigation, or for any commercial or promotional purposes, without the express written consent of Tragur or its lawful successors and assigns. For usage permission beyond what is set forth herein, please contact us.
Notice of Copyright Infringement
Tragur respects the intellectual property of others. When we become aware of allegations of copyright infringement in material distributed through the Tragur Electronic Platforms, we will investigate the allegations and take appropriate action. This responsive action can include, without limitation and particularly in the case of individuals who repeatedly infringe the copyrights of others, termination of access privileges.
You acknowledge that you may be liable for damages, including attorneys' fees and costs, if you materially misrepresent that a work or activity is infringing your rights. If Tragur terminates or suspends a user’s access to or use of the Tragur Electronic Platforms, Tragur will make a good-faith attempt (as warranted) to contact the person who posted the content so that they may make counter notification pursuant to applicable laws. It is Tragur's policy to document all notices of alleged infringement upon which Tragur decides to take action. As with all legal notices, a copy of the notice may be sent to one or more third parties who may make such notice available to the public, including as a part of legal proceedings.
If you believe that your work has been copied and is accessible on the Tragur Electronic Platforms in a way that constitutes copyright infringement, please provide Tragur’s owners with the following information:
Tragur's Owner for notice of claims of copyright infringement on the Tragur Electronic Platforms can be reached as follows:
Tragur
Attn.: Dave Harbison
34 Hickory Hill Dr
O'Fallon, MO 63366
E-mail: dave.harbison@tragur.com
Counter notification, as permitted by applicable law, may be sent to Tragur's owner. All counter notifications must include responsive information to what is set forth above, including any required statements or signatures.
License and Access to Tragur Electronic Platforms
Tragur grants you a limited license to access and make personal use of the Tragur Electronic Platforms and not to download (other than browser-required page caching) or modify the Tragur Electronic Platforms, or any portion of them, except with express written consent of Tragur. Accordingly, you expressly acknowledge and agree that Tragur transfers no ownership or intellectual property interest or title in and to the Tragur Electronic Platforms (or any part thereof) to you or anyone else. You may print and download materials and information from the Tragur Electronic Platforms solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. But, this license does not include any resale or commercial use of the Tragur Electronic Platforms or their contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Tragur Electronic Platforms or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools.
The content layout, formatting, and features of and access privileges for the Tragur Electronic Platforms shall be as specified by Tragur in its sole discretion. You also acknowledge and agree to the following: (i) Tragur has the right to control and direct the means, manner, and method by which the Tragur Electronic Platforms are provided; (ii) Tragur may, from time-to-time engage independent contractors, consultants, or subcontractors to aid Tragur in providing the Tragur Electronic Platforms or use thereof; and (iii) Tragur has the right to provide the Tragur Electronic Platforms to others.
Notwithstanding the license grant herein, neither the Tragur Electronic Platforms nor any portion thereof may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Tragur. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Tragur and our affiliates without express written consent. In addition, you may not use metatags or any other hidden text using Tragur’s name, logos, or trademarks without the express written consent of Tragur.
Any unauthorized use terminates the permission or license granted by Tragur.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink (utilizing only the plain characters for Tragur’s domain address) to any page of Tragur so long as the link does not portray Tragur or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Tragur logo or other proprietary graphic or trademark as part of the link without express written permission.
Other Terms and Conditions
Additional notices, terms, and conditions may apply to the purchase, return, or delivery of products. You agree to abide by such other notices, terms, and conditions, as applicable. If there is a conflict between this Agreement and other notices, terms, and conditions posted to the Tragur Electronic Platforms, Tragur shall resolve any conflict in good faith in its sole discretion, but the latter terms shall generally control with respect to your use or purchase of that product.
Links to Third Party Web Sites
The Tragur Electronic Platforms may contain hyperlinks (“links”) to Web sites operated by persons or entities other than Tragur (“third-party Web Sites”). We provide such links for your reference and convenience only. A link from Tragur to a third-party Web site does not imply or mean that we endorse the content on that third-party Web site or the operator or operations of that Web site. You are solely responsible for determining the extent to which you use any content at any third-party Web Sites to which you might link from the Tragur Electronic Platforms. TRAGUR IS ALSO NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY WEB SITE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY WEB SITE, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.
Feedback and Submissions
Tragur welcomes your feedback and suggestions about Tragur's programs or services or with respect to how to improve the Tragur Electronic Platforms. By transmitting any such suggestions, information, material, or other content (collectively, “feedback”) to Tragur, you represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to Tragur and enable Tragur to use such feedback. In addition, any feedback received through the Tragur Electronic Platforms will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for Tragur to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary.
Mobile Services
The Tragur Electronic Platforms may offer certain tools, handheld offerings, or services that are available to you via your mobile phone or other mobile device (collectively, “Mobile Services”). Please note that your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile devices, what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you. Nevertheless, all use of the Tragur Electronic Platforms shall be in accordance with this Agreement.
Postings & Reviews
The Tragur Electronic Platforms may contain blogs, message boards, comment areas, questionnaires, review areas, and other interactive features and functionality where users can share and post information. To the extent that the Tragur Electronic Platforms contain such communication forums (collectively, “Forums”), you agree that by using the Tragur Electronic Platforms you will not upload, post, display, or transmit any of the following materials on the Tragur Electronic Platforms’ Forums:
Forums are the resources and property of Tragur and/or its licensors, and you will not have any proprietary interest in any Forum. Moreover, by submitting content or information of any type (a “Posting”) to a Forum or other portion of the Tragur Electronic Platforms or by otherwise using the Tragur Electronic Platforms to transmit or display a Posting, you automatically grant Tragur a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, publish, translate, create derivative works from, distribute, transmit, perform, and display such content or information (in whole or in part) worldwide and/or to incorporate into other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content or information. You represent that you have all necessary rights to make the Posting available to Tragur and a Forum, and you also acknowledge that such Postings are non-confidential for all purposes and that Tragur has no control over the extent to which any idea or information may be used by any party or person once it is posted or displayed. Accordingly, notwithstanding this right and license, it is understood that by merely permitting your information, content, and materials to appear on the Tragur Electronic Platforms Tragur has not become and is not a publisher of such information, content, and materials and is merely functioning as an intermediary to enable you to provide and display a Posting. Moreover, Tragur assumes no responsibility for the deletion of or failure to store any Posting and recommends that you do not post, display, or transmit any confidential or sensitive information.
Tragur is not responsible for screening, policing, editing, or monitoring your or another user’s Postings and encourages all of its users to use reasonable discretion and caution in evaluating or reviewing any Posting. Moreover, and except as provided below with respect to Tragur's right and ability to delete or remove a Posting (or any part thereof), Tragur does not endorse, oppose, or edit any opinion or information provided by you or another user and does not make any representation with respect to, nor does it endorse the accuracy, acceptability, completeness, timeliness, or reliability of any advice, opinion, statement, or other material displayed, uploaded, or distributed by you or any other user. Nevertheless, Tragur reserves the right to monitor, delete, or take other action with respect to Postings (or parts thereof) that Tragur believes in good faith violate this Agreement and/or are, or are potentially, unlawful or harmful to Tragur or its affiliates, volunteers, services, or goodwill. If you violate this Agreement, Tragur may, in its sole discretion, delete the unacceptable content from your Posting, remove or delete the Posting in its entirety, issue you a warning, and/or terminate your use of the Tragur Electronic Platforms or provide your personal information to third parties to enable them to take legal action in respect of unlawful or infringing content published by you on Tragur Electronic Platforms.
Your Responsibilities
You agree to comply with all applicable law in connection with your use of the Tragur Electronic Platforms, and such further limitations as may be set forth in any written or on-screen notice from Tragur (provided in connection with your use of the Tragur Electronic Platforms). As a further condition of your use of the Tragur Electronic Platforms, you warrant that you will not use the Tragur Electronic Platforms for any purpose that is unlawful or prohibited by this Agreement. You access the Tragur Electronic Platforms on your own volition and are responsible for compliance with all applicable local laws with respect to your access and use of the Tragur Electronic Platforms. All information that you provide in response to a request or in connection with a purchase or transaction or other monetary transaction interaction with the Tragur Electronic Platforms will be accurate, complete, and current.
Registration as a user for access to certain areas of the Tragur Electronic Platforms or in connection with recurring visits or purchasing may require both a user name and a password or adherence to other particular access requirements as designated by Tragur. Only one user can use one user name and password and, thus, one account. By limiting access, it helps avoid unauthorized usage by other persons, institutions, or entities because anyone with knowledge of both your user name and password can gain entry to the restricted portions of the Tragur Electronic Platforms and to your account. Accordingly, by using the Tragur Electronic Platforms, you agree to consider your user name and password as confidential information and to keep your user name and password confidential. You will immediately notify Tragur if you become aware of any loss or theft of your password or any unauthorized use of your user name and password. Tragur will not be liable for any loss or damage arising from your failure to comply with these obligations. Tragur reserves the right to delete or change a user name or password at any time and for any reason. Notwithstanding the foregoing, nothing herein shall convey to you any further rights in your account or its information and any and all such content or information shall be subject to this Agreement.
By using the Tragur Electronic Platforms, you agree not to violate or attempt to violate the security of the Tragur Electronic Platforms, including, without limitation, actions such as:
Actual or attempted unauthorized use of the Tragur Electronic Platforms may result in criminal and/or civil prosecution. Tragur reserves the right to view, monitor, and record activity on the Tragur Electronic Platforms without notice or permission from you, including, without limitation, by archiving notices or communications sent by you through the Tragur Electronic Platforms. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the Tragur Electronic Platforms as well as to disclosures required by or under applicable law or related government agency actions. Tragur will also comply with all court orders or subpoenas involving requests for such information. In addition to the foregoing, Tragur reserves the right to, at any time and without notice, modify, suspend, terminate, or interrupt operation of or access to the Tragur Electronic Platforms, or any portion of the Tragur Electronic Platforms in order to protect the Tragur Electronic Platforms, Tragur, or Tragur's business or goodwill.
Security of Information
You also acknowledge and agree that use of the Internet and access to the Tragur Electronic Platforms is solely at your own risk. While Tragur has endeavored to create a secure and reliable environment(s), you should understand that the confidentiality of any communication or material transmitted to/from the Tragur Electronic Platforms over the Internet or other form of global communication network is outside Tragur’s control and cannot be guaranteed. Accordingly, Tragur is not responsible for the security of any information transmitted to or from the Tragur Electronic Platforms.
Disclaimer of Warranties and Limitations on Liability
The Tragur electronic platforms are provided by Tragur on an “as is” and “as available” basis. to the maximum extent permitted by law, Tragur makes no representations and warranties of any kind, express or implied, as to the operation of the Tragur electronic platforms or the information, content, third-party content, materials, products, services or linked services provided on or through the Tragur electronic platforms, including without limitation, that the information provided through the Tragur electronic platforms will be free from error, omission, interruption, defect, or delay in operation, or from technical inaccuracies or typographical errors; that the Tragur electronic platforms will be available at any particular time or location; that defects or errors in the Tragur electronic platforms will be corrected; or that the content on the Tragur electronic platforms is free of viruses or other harmful components. Any information on the Tragur electronic platforms is subject to change without notice, and Tragur disclaims all responsibility for these changes. You expressly agree that your use of the Tragur electronic platforms is at your sole risk.
To the maximum extent permitted by law, Tragur disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
In no event will Tragur, or any party involved in creating, producing, or delivering the Tragur electronic platforms, be liable for any damages of any kind arising from the use of the Tragur electronic platforms, including, but not limited to direct, indirect, incidental, exemplary, punitive, special and consequential damages or any damages of any type or nature arising out of your access, use, misuse, or inability to use the Tragur electronic platforms or any linked sites or services; in the event a third party intercepts or decrypts any transmission of information that you provide to Tragur through the Tragur electronic platforms; in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line or system failure; or with respect to any claim or damage arising from a cause beyond Tragur’s control whether in an action under contract, negligence, tort, strict liability, or any other theory, even if Tragur has been previously advised of the possibility of such damages. Certain states or jurisdictions 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, exclusions, or limitations may not apply to you, and you may have additional rights.
Applicable Law and Disputes
This Agreement, your rights and obligations, Tragur’s rights and obligations, and all actions contemplated by this Agreement will be governed by United States law, without regard to principles of conflicts of law and as if this Agreement were a contract wholly entered into and wholly performed within the United States of America. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Further, you also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to this Agreement and is hereby disclaimed.
Any dispute relating in any way to your visit to the Tragur Electronic Platforms shall be submitted to the competent Unites States Court.
Injunctive Relief
You acknowledge that any breach, threatened or actual, of this Agreement, including, without limitation, with respect to unauthorized use of Tragur proprietary assets, will cause irreparable injury to Tragur, such injury would not be quantifiable in monetary damages, and Tragur would not have an adequate remedy at law. You therefore agree that Tragur shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this Agreement. Accordingly, you hereby waive any requirement that Tragur post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Tragur to enforce any provision of this Agreement.
Indemnification
You agree to defend, indemnify, and hold harmless Tragur and its affiliates, successors and assigns, and its directors, officers, employees, agents, co-branders or other partners from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorneys’ fees and other legal expenses, and judgments of any kind or nature, incurred by Tragur arising out of or relating to your use of the Tragur Electronic Platforms and your violation of this Agreement or relating to any payment dispute with a third-party provider arising from a purchase or incurrence of fees made by you.
Term and Termination
This Agreement will take effect at the moment you click “Accept”, register, respond to a request for information, and/or begin downloading, accessing, or using the Tragur Electronic Platforms, whichever is earliest. Tragur reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of this Agreement, to deny your access to the Tragur Electronic Platforms or to any portion thereof in order to protect its name and goodwill, its business, and/or other users, and this Agreement will also terminate automatically if you fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below. Termination will be effective without notice. You may also terminate this Agreement at any time by ceasing to use the Tragur Electronic Platforms, but all applicable provisions of this Agreement will survive termination, as identified below, and each re-access or use of the Tragur Electronic Platforms will reapply this Agreement (then in effect) to you. Upon termination, you must destroy all copies of any aspect of the Tragur Electronic Platforms in your possession. The provisions concerning Tragur's proprietary rights, feedback and submissions, indemnity, disclaimers of warranty and liability, waiver and severability, miscellaneous legal terms, and governing law will survive the termination of this Agreement for any reason.
Miscellaneous Legal Provisions
We may discontinue the Tragur Electronic Platforms at any time and for any reason, without notice. We may change the contents, operation, or any and all other features of the Tragur Electronic Platforms at any time for any reason, without notice. We may discontinue or restrict your use of the Tragur Electronic Platforms at any time for any reason, without notice.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Tragur as a result of this Agreement or your use of the Tragur Electronic Platforms. Nothing contained in this Agreement is in derogation of Tragur’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Tragur Electronic Platforms or information provided to or gathered by Tragur with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The failure of Tragur to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.
If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
This Agreement is the entire and final Agreement regarding the Tragur Electronic Platforms and their content, and supersedes any prior or contemporaneous communications between Tragur and you regarding the Tragur Electronic Platforms and their contents.
All rights not expressly granted herein are hereby reserved.
