Please read this terms of use carefully.

 

Last Updated and effective as of:  March, 2022

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1. Your Acceptance of this Privacy Policy

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TrigoFi LLC (“TrigoFi”, “Company”, “our”, and “we”) is in the business of providing financial services (“Services”) to Clients. When you access our websites, mobile applications, or Services, (collectively, the “Platform”) you are agreeing to be bound by the following Terms of Use (“Terms”). In this document “both of us” means both you and us. For the purposes of these Terms any person or Member (“Client”) who accesses our Platform on their own behalf or on behalf of a third party, is a “User.” Any User who purchases or receives our Services and/or creates an account is also a “Client.”

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Certain features of the Platform may be subject to additional guidelines, terms, or rules, which will be posted on the Platform in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

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2. Acceptance

Read the Terms carefully. These Terms set forth the legally binding terms that govern your use of the Platform. By accessing or using the Platform, you are accepting these terms (on behalf of yourself or the entity that you represent), and you represent and warrant that you have the right, authority, and capacity to enter into these terms (on behalf of yourself or the entity that you represent). You may not access or use the Platform or accept the terms if you are not at least 18 years old (or of legal age in of which you are a resident from which you use our Platform). If you do not agree with all of the provisions of these terms, do not access and/or use the Platform.

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These Terms require the use of arbitration (section 22) on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.

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3. Use of the Platform

The Platform is intended solely for individuals who are age 18 or older. Any access to or use of the Platform by anyone under 18 is unauthorized, unlicensed, and in violation of these Terms. By accessing or using the Platform, you represent and warrant that you are 18 or older.

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The Platform is only intended for use by persons located in the United States. TrigoFi makes no representation that the Platform is appropriate or available for use outside the United States. Similarly, TrigoFi makes no representations that accessing the Platform from locations outside the United States is legal or permissible under local law.

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4. Platform is for Educational Use Only

The publicly available portions of the Platform (i.e., the sections of the Platform that are available to individuals who are not party to a Client Service Agreement) are provided for educational purposes only and are not intended to provide legal, tax, investment, or financial planning advice. In using the publicly available portions of the Platform, you agree that you are responsible for your own investment research and decisions, that you will not rely on the Platform as the primary basis for your investment decisions, and, except as otherwise provided herein, TrigoFi will not be liable for any actions you take based on information you receive via the publicly available portions of the Platform.

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5. Investment Returns

TrigoFi makes no representation regarding the likelihood or probability that any actual or hypothetical investment will in fact achieve a particular outcome or perform in any predictable manner. Any return information on the Platform does not represent the actual performance of any specific investor’s account and may not reflect all factors that could impact such performance for an individual investor. Past performance is not a guarantee of future success and returns in any period may be far above or below those of a previous period. No representation is being made that any investment will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided. Investing involves risk and investments may lose value.

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6. Conditions of Use

You agree that you will comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements. You further agree that you will use the Platform solely for your personal, non-commercial use and will not attempt to interfere with the functioning of the Platform in any way.

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7. Secured Areas

Access to and use of password protected and/or secure areas of the Platform is restricted to authorized Users only. Unauthorized persons attempting to access these areas of the website may be subject to legal action.

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8. Accounts

Account Creation. 

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In order to use certain features of the Platform, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. TrigoFi specifically disclaims any duty to update the information on the Platform and it is your responsibility to evaluate the accuracy, reliability, timeliness, and completeness of any information available on the Platform.

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You may delete your Account at any time, for any reason, by following the instructions on the Platform. TrigoFi may suspend or terminate your Account in accordance with Section 20.

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Account Responsibilities.

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You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account and/or password.  You agree to immediately notify TrigoFi of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. TrigoFi cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

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9. Access to the Platform

TrigoFi reserves the right, in its sole discretion, to deny you access to the Platform, or any portion of the Platform, without notice and without reason. For the avoidance of doubt, your access to and use of the publicly available portions of the Platform shall be governed by these Terms, and the provision of any financial planning, financial advisory or investment advisory services shall be governed by the Client Service Agreements with respect to such services. Notwithstanding the foregoing or anything else in these Terms to the contrary, in the event of any conflict between the Terms and a Client Service Agreement, the Client Service Agreement shall control.

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Subject to these Terms, TrigoFi grants you use and access of the Platform solely for your own personal, noncommercial use.

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US Clients Only.

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TrigoFi’s Platform is intended to be made available only to individuals in the United States, and the information on the Platform is intended only for such persons. Nothing on the TrigoFi Platform shall be considered a solicitation to sell services to any person in any jurisdiction where such offer or solicitation would be unlawful under the laws of such jurisdiction. You may not use the Platform and may not accept the Terms if you are a person barred from using the Platform under the laws of the United States or other countries, including the country in which you are resident or from which you use the Platform.

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Certain Restrictions.

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The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Platform, whether in whole or in part, or any content displayed on the Platform or as part of the Service; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Platform or Service; (c) you shall not access the Platform in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Platform or Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.  Unless otherwise indicated, any future release, update, or other addition to functionality of the Platform and Service shall be subject to these Terms.  All copyright and other proprietary notices on the Platform (or on any content displayed on the Site) must be retained on all copies thereof.

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Modification.

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TrigoFi reserves the right, at any time, to modify, suspend, or discontinue the Platform or Service (in whole or in part) with or without notice to you.  You agree that TrigoFi will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Platform and/or Service or any part thereof.

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No Support or Maintenance.

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You acknowledge and agree that TrigoFi will have no obligation to provide you with any support or maintenance in connection with the Platform. Due to the rapidly evolving nature of web technology, we cannot guarantee the accuracy or functionality of information or advice offered on trigofi.com.

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Ownership.

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Excluding any User Content that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Platform and Service and its content are owned by TrigoFi or TrigoFi’s suppliers. Neither these Terms (nor your access to the Platform and Service) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 8. TrigoFi and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.

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10. No Investment Recommendation or Advice.

TrigoFi provides its Services only to individuals who become TrigoFi Clients pursuant to a written Service Agreement.

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Articles, commentaries, investment plans and other content provided by TrigoFi on or through the Platform are for illustrative or educational purposes only and do not constitute investment, legal or tax advice, or an offer to buy, sell or hold any security. Forecasts or projections of investment outcomes in investment plans are estimates only, based upon numerous assumptions about future capital markets returns and economic factors. As estimates, they are imprecise and hypothetical in nature, do not reflect actual investment results, and are not guarantees of future results. Diversification does not ensure a profit or protect against a loss in a declining market. There is no guarantee that any particular asset allocation or mix of funds will meet your investment objectives or provide you with a given level of income. Investing entails risk including the possible loss of principal and there is no assurance that the investment will provide positive performance over any period of time.

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11. Privacy and Security.

Privacy

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Information about how TrigoFi works to protect your privacy, can be found in our Privacy Policy.

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Communications with TrigoFi

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Authorized employees or agents of TrigoFi may monitor and record all or portions of your telephone calls, emails, text messages, chats and other communications with TrigoFi for quality control, customer service, employee training, security, legal, compliance, and other lawful purposes. You hereby consent to such recording. Your consent will be ongoing and need not be confirmed prior to, or during such monitoring or recording, except to the extent applicable law expressly requires otherwise. TrigoFi may also archive your communications with TrigoFi for regulatory and other purposes.

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Confidentiality of Information

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TrigoFi has taken reasonable steps to ensure the confidentiality of information taken through the Platform and transmitted via the Internet. However, unexpected changes in technology may be used by unauthorized third parties to intercept confidential information and we cannot be responsible should confidential information be intercepted and subsequently used by an unintended recipient.

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12. External Links

The Platform at times may link to certain content created by third parties that are not affiliated with TrigoFi. Links to other websites are provided solely for your convenience. A link to another website is not an endorsement of the website, its content, or its sponsoring organization. Such content may contain terms and conditions, privacy provisions, confidentiality provisions, or other provisions that differ from the terms and conditions applicable to the Platform.

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TrigoFi assumes no responsibility or liability for the content, accuracy, reliability or opinions expressed in a website, to which the Platform is linked (a “linked website”) and such linked websites are not monitored, investigated, or checked for accuracy or completeness by TrigoFi. If you decide to access such content, you do so at your own risk. It is your responsibility to evaluate the accuracy, reliability, timeliness and completeness of any information available on a linked website.  All products, services and content obtained from a linked website are provided “as is” without warranty of any kind, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, security, or accuracy.

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13. Data Collection

When you visit the TrigoFi Platform, we collect certain anonymous information about you, including device-related information (e.g., browser type and IP address) and server log information (e.g., the date and time when you visit the website). We also collect information that you input into our Platform. We use this information to better understand our visitors and our business, to provide the services you request, and to enhance the TrigoFi Platform and Service.

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To collect information about your visit to the TrigoFi Platform, we use tools such as cookies, pixels and analytic services. Cookies are small pieces of data that are stored on your computer, mobile phone or other device. Pixels are small code blocks on a website or email that allow for another server to measure viewing of a webpage or email and often are used in connection with cookies. We use cookies in order to improve your experience with the TrigoFi Platform. We use a cookie that only stores anonymous information to distinguish users between visits. Cookies and similar technologies are not required for Platform functionality. You are not required to accept cookies to use this Platform. We use analytics tools to collect information about the usage of the TrigoFi Platform. These analytics services collect information such as how often users visit this site, what pages they visit, when they do so, and what other sites they used prior to coming to this site.

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14. Data Aggregation

TrigoFi may include an aggregation service (the “Aggregation Service”) that links your outside financial accounts to the TrigoFi  Platform (If you choose to become a Client TrigoFi uses the Aggregation Service, the following additional terms apply to you, and by using the Aggregation Service, you agree with these terms. You agree to provide true, accurate, current and complete information about yourself, and your accounts maintained at other web sites or applications (“Platform Data”) and you agree to not misrepresent your identity or your Platform Data. You agree to keep your Platform Data up to date and accurate. By using the Aggregation Service, you authorize TrigoFi and its service providers to access third party providers of Platform Data designated by you, on your behalf, to retrieve information requested by you. For all purposes hereof, you hereby grant TrigoFi and its service providers a limited power of attorney, and you hereby appoint TrigoFi and its service providers as your true and lawful attorney-in-fact and agent, with full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to access third party providers of Platform Data, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN TRIGOFI OR ITS SERVICE PROVIDERS ACCESS AND RETRIEVE INFORMATION FROM THIRD PARTY PROVIDERS OF PLATFORM DATA, TRIGOFI AND ITS SERVICE PROVIDERS ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that third party account providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you. You understand and agree that the Aggregation Service is not endorsed or sponsored by any third-party account providers accessible through the Aggregation Service.

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TRIGOFI AND ITS SERVICE PROVIDERS MAKE NO WARRANTY THAT (i) THE AGGREGATION SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE AGGREGATION SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR- FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE AGGREGATION SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE AGGREGATION SERVICE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE AGGREGATION SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT ANY PART OF THIS SECTION IS NOT CONSISTENT WITH ANY OTHER PART OF THE TOS, THEN THIS SECTION WILL CONTROL.

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15. User Content

“User Content” means any and all information and content that a user submits to, or uses with, the Platform (e.g., content in the User’s profile or postings). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party.  You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 15 –Acceptable Use). You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by TrigoFi.  Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. TrigoFi is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice.  You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.

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License

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You hereby grant (and you represent and warrant that you have the right to grant) to TrigoFi an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Platform.  You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

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Acceptable Use Policy

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The following terms constitute our “Acceptable Use Policy”:

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(a) You agree not to use the Platform to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

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(b) In addition, you agree not to: (i) upload, transmit, or distribute to or through the Platform any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Platform unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii)  use the Platform to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Platform, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Platform (or to other computer systems or networks connected to or used together with the Platform), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Platform; or (vi) use software or automated agents or scripts to produce multiple accounts on the Platform, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Platform (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Platform for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).

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Enforcement

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We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you is our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 20, and/or reporting you to law enforcement authorities.

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Feedback

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If you provide TrigoFi with any feedback or suggestions regarding the Platform (“Feedback”), you hereby assign to TrigoFi all rights in such Feedback and agree that TrigoFi shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. TrigoFi will treat any Feedback you provide to TrigoFi as non-confidential and non-proprietary. You agree that you will not submit to TrigoFi any information or ideas that you consider to be confidential or proprietary.

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16. Indemnification

You agree to indemnify, defend and hold TrigoFi (and its officers, employees, affiliates, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Platform, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. TrigoFi reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.  You agree not to settle any matter without the prior written consent of TrigoFi.  TrigoFi will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

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17.Third-Party Links & Ads; Other Users

Third-Party Links & Ads

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The Platform may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”).  Such Third-Party Links & Ads are not under the control of TrigoFi, and TrigoFi is not responsible for any Third-Party Links & Ads.  TrigoFi provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.

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Other Users

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Each Platform User is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Your interactions with other Platform users are solely between you and such users. You agree that TrigoFi will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Platform user, we are under no obligation to become involved.

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Release

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You hereby release and forever discharge TrigoFi (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Platform (including any interactions with, or act or omission of, other Platform users or any Third-Party Links & Ads).  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.”

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18. Disclaimers

THE PLATFORM IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND TRIGOFI (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.  WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.  IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE PLATFORM, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

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SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.  SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

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19. Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TRIGOFI ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS or ANY DATA PROVIDER OR SERVICE PROVIDER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE PLATFORM, EVEN IF TRIGOFI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.

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TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.  YOU AGREE THAT TRIGOFI AND ANY RELATED PARTY WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.

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SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

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20. Term and Termination.

Subject to this Section, these Terms will remain in full force and effect while you use the Platform.  We may suspend or terminate your rights to use the Platform (including your Account) at any time for any reason at our sole discretion, including for any use of the Platform in violation of these Terms.  Upon termination of your rights under these Terms, your Account and right to access and use the Platform will terminate immediately.  You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. TrigoFi will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content. In the event of any suspension or termination, while your right to access the Platform terminates, the other provisions of the Terms continue in effect.

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21. Copyright Policy.

TrigoFi respects the intellectual property of others and asks that users of our Platform do the same. In connection with our Platform, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Platform who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Platform, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

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1. your physical or electronic signature;

2. identification of the copyrighted work(s) that you claim to have been infringed;

3. identification of the material on our services that you claim is infringing and that you request us to remove;

4. sufficient information to permit us to locate such material;

5. your address, telephone number, and e-mail address;

6. a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and

7. a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

 

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

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TrigoFi’s Designated Copyright Agent:

TrigoFi LLC
1012 Torney Ave

San Francisco CA  94129

contact@trigofi.com

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22. General

Changes.

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These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Platform.  You are responsible for providing us with your most current e-mail address.  In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Platform. These changes will be effective immediately for new users of our Platform. Continued use of our Platform following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

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Dispute Resolution

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Any dispute, claim or controversy arising out of or relating to the access and use of the TrigoFi Platform or any services related to it, these Terms or the breach, termination, enforcement, interpretation or validity of the Terms, including the determination of the scope or applicability of these Terms to arbitrate, shall be resolved solely by binding, individual arbitration rather than a class, representative or consolidated action or proceeding. You and TrigoFi each further agree that Consumer rules of the American Arbitration Association (“AAA”) govern the interpretation and enforcement of this Agreement, and that we are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and/or the termination of your access to the TrigoFi Platform or any related services via our website and/or mobile applications.

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Exceptions and Opt-Out

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As limited exceptions to mandatory arbitration as set forth in this Section 22 of this Agreement: (i) you may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. In addition, you will retain the right to optout of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by email at contact@trigofi.com or by regular mail at the physical address listed in Section 26 within thirty (30) days following the date you first agree to these Terms.

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Conducting Arbitration and Arbitration Rules

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The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Agreement. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.

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If your claim is for U.S. $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or videoconference hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Any arbitration hearings will take place in San Francisco County, California, unless the parties both agree in writing to a different location. You and TrigoFi agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of the terms of this Agreement.

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Arbitration Costs

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Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.

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Effect of Changes on Arbitration

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Notwithstanding Section 22 of these Terms below, if TrigoFi changes any of the terms of this Section 22 after the date you first accepted the Terms (or accepted any subsequent changes to these Terms ), you may reject any such change by sending us written notice (including by email to contact@TrigoFi.com) within 30 days of the date such change became effective, as indicated in the “Effective Date” above notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any dispute between you and TrigoFi in accordance with the terms of this Section 22 as of the date you first accepted these Terms (or accepted any subsequent changes, supplements or amendments to these Terms).

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Class Action Waiver

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YOU AND TRIGOFI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if our dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If any of the specific provisions within this Section 22 are found to be unenforceable, the remainder of this Section 22 shall not be affected thereby and, to this extent, the provisions of this Section 22 shall be deemed to be severable.

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Export

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The Platform 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, or transfer, directly or indirectly, any U.S. technical data acquired from TrigoFi, or any products utilizing such data, in violation of the United States export laws or regulations.

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Disclosures

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TrigoFi is located at the address in Section 26. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N112, Sacramento, CA 95814, or by telephone at (800) 952-5210.

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Electronic Communications

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The communications between you and TrigoFi use electronic means, whether you use the Platform or send us emails, or whether TrigoFi posts notices on the Platform or communicates with you via email. For contractual purposes, you (a) consent to receive communications from TrigoFi in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that TrigoFi provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.

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Entire Terms

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These Terms are in addition to any other agreements between you and TrigoFi that govern the use of the Service, content and information available on the Platform. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

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The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.”  If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to TrigoFi is that of an independent contractor, and neither party is an agent or partner of the other.

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23. Assignment

These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without TrigoFi’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. TrigoFi may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.

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24. Copyright/Trademark Information

Copyright © 2022 TrigoFi LLC All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Platform are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

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25. Platform and Terms Subject to Change

We reserve the right to change these Terms by posting a revised set of Terms. If you don't agree with these changes, you must stop using the Platform. The information on the Platform is subject to change without notice.

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26. Contact Information

TrigoFi LLC

1012 Torney Ave

San Francisco CA  94129

Email: contact@trigofi.com