Terms of Use
Last Modified: October 28, 2021
Trivium TAE LLC, doing business as Trivium China (“Trivium”, “we”, “us”, or “our”) offers paid subscription access (a “Subscription”) to various publications (each, a “Product”) through certain of our websites (each, a “Site”), including Trivium Finance (https://finance.triviumchina.com) and Trivium Neopol (triviumchina.com), including the information, data, software, functionality, and content contained therein (“Premium Content”). Collectively, we refer to our Products, Sites, Premium Content, and Trivium Marks (defined in Section 4.3) as “Trivium IP.”
All references to “you” or “your” means each person who visits our Sites and/or creates an account and registers for a Subscription for one or more Product (a “Subscriber), as applicable. These Terms of Use govern your access to our Sites and your Subscription, unless you have entered into a separate Subscription Agreement with us, in which case that Subscription Agreement, and not these Terms of Use, governs your access to the Sites and your Subscription.
If you become a Subscriber on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the Terms will be deemed an acceptance by that entity, and “you” and “your” will refer to that entity. Subscriptions are available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By registering for a Subscription, you represent and warrant that you are eligible.
To receive a Subscription and obtain full access to your Product(s), you will be asked to create an account by providing certain profile details, such as [your first and last name, a username, a password, and a valid payment method]. It is a condition of your Subscription that all the information you provide to us is current and complete. You acknowledge and agree that all information you provide to us, regardless of the method by which you provide it, is governed by our Privacy Policy. You consent to all actions we take with respect to your information consistent with our Privacy Policy.
You must treat any username, password, or other security information as confidential, and you must not disclose it to any other person or entity. Your account is personal to you and you agree not to provide any other person with access to it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
Depending on the Product(s) to which you subscribe, the term of your Subscription will be one yearon an annual or monthly basisfrom the date of registration (the “Term”), as indicated on the applicable Site at the time of registration. Your Subscription will automatically renew on the applicable basis (monthly or annually), at the pricing and under the terms then in effect, unless you or Trivium cancels it in accordance with these Terms of Use prior to renewal.
Certain of our Products are offered with a free trial period of two weeks. In order to access the free trial, you must provide a payment method (see Section 2.6) when you register. If you do not wish to subscribe to the Product you may cancel at any point prior to the end of the trial period, otherwise you will automatically receive a Subscription and your payment method will be charged for the initial term at such time.
You will be charged a “Subscription Fee” for the initial Term of your Subscription on the date of registration or expiration of your free trial, as applicable. Thereafter, a renewal Subscription Fee will be automatically charged on each renewal date unless the Subscription has been cancelled prior to such date in accordance with these Terms of Use. Subscription Fees are charged in advance and as a general matter are non-refundable. We reserve the right to issue credits or refunds in our discretion. If we do issue a credit or refund, we are not obligated to issue the same or similar credits or refunds in the future. We may change the Subscription Fee from time to time in our discretion by providing you written notice and a reasonable opportunity to terminate your Subscription. Any such changes will go into effect beginning with the next Term of your Subscription.
We accept payment online by credit card. By providing a payment method to us, you authorized Trivium to charge your Subscription Fees to such method as they become due. Trivium uses a third-party payment provider to process payments for Subscriptions. You understand and agree that the third-party processor is solely responsible for controlling, processing, or fulfilling charges made through its system. You will be subject to the terms of use and privacy policy of the third-party processor when making payments through that processor.
If we are unable to collect payment from you when due, whether because your payment method on file with us expires or otherwise becomes invalid or for any other reason, we have the right to immediately suspend your Subscription (including access to all Premium Content) until you provide an updated form of payment and make payment for all then outstanding Subscription Fees.
In addition to Trivium’s right to suspend your Subscription described in Section 3.1, Trivium may terminate your Subscription at any time and for any reason in its discretion by providing written notice to you of the termination. Your Subscription and access to all Premium Content will be discontinued immediately and you will be entitled to a prorated refund for the current Term. You will not be charged a Subscription Fee for any subsequent Term following notice of termination.
You may cancel your Subscription at any time and for any reason in your account management panel. Your Subscription will no longer be automatically renewed and your access to subscribed Products will continue through the remainder of the current Term. You will not be charged a Subscription Fee for any Term following your termination request; however, you will not be entitled to any refund of a Subscription Fee, prorated or otherwise, for the Term in which the cancellation was made or any prior Term.
The Trivium IP, including but not limited to all information, software, text, displays, images, video and audio, artwork, and the design, selection and arrangement thereof, are owned by Trivium, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Subject to your complete compliance with these Terms of Use including full payment of all Subscription Fees, Trivium hereby grants you a non-exclusive, non-transferable right to access your subscribed Product(s) during the Term of your Subscription. Such use is limited to your internal business purposes.
The names Trivium TAE LLC, Trivium China, Trivium Finance, Trivium Neopol, and all related names, logos, product and service names, designs and slogans (“Trivium Marks”) are trademarks of Trivium or its affiliates. You must not use such marks without the prior written permission of Trivium. All other names, logos, product and service names, designs and slogans on the Site are the trademarks of their respective owners.
You shall not use Trivium IP for any purposes beyond the scope of the access granted in these Terms of Use. You shall not at any time, directly or indirectly, and shall not permit any person or entity to:
All personal information Trivium collects is subject to our Privacy Policy [insert link]. By accessing our Sites or registering for a Subscription, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
You are responsible and liable for all uses of Trivium IP made through access from your Subscription, directly or indirectly, whether such access or use is permitted by or in violation of these Terms of Use.
You may use Trivium IP only for lawful purposes and in accordance with these Terms of Use. You agree not to use our Sites:
Our Sites may contain subscriber comments and other interactive features (collectively, “Interactive Services“) that allow Subscribers to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “Subscriber Contributions“) on or through the Sites.
All Subscriber Contributions must comply with the Content Standards set out below.
Any Subscriber Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any Subscriber Contribution on our Sites, you grant us and our affiliates and service providers, and each of our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties your Subscriber Contributions for [insert purpose of using Subscriber Contributions – improve services, etc].
You represent and warrant that:
You understand and acknowledge that you are responsible for any Subscriber Contributions you submit or contribute, and you, not Trivium, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any Subscriber Contributions posted by you or any other User of our Sites.
We have the right to:
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through our Sites. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review User Contributions before they are posted on our Sites, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all Subscriber Contributions and use of Interactive Services. Subscriber Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, Subscriber Contributions must not:
If you believe that any Subscriber Contributions violate your copyright, please send us a notice of copyright infringement. It is the policy of Trivium to terminate the accounts of repeat infringers.
All Premium Content and other information on our Sites is information of a general nature and does not address the circumstances of any particular individual or entity. Neither Trivium or its affiliates, nor its or their partners, owners, or employees (the “Trivium Parties”) is a registered broker-dealer or investment adviser. No Premium Content or other information on our Sitesconstitutes legal, tax, investment, or financial advice, nor does it constitute a comprehensive or complete statement of the matters discussed or the law relating thereto. Nothing contained on our Sites, including the Premium Content, constitutes a solicitation, recommendation, endorsement, or offer by the Trivium Parties or any third-party service provider to buy or sell any securities or other financial instruments. None of the Trivium Parties is a fiduciary by virtue of any person’s use of or access to our Sitesor any information contained therein (including Premium Content).
The Premium Content represents the personal and subjective views of the Trivium Parties, and is subject to change at any time without notice. The Premium Content is obtained from sources which the Trivium Parties believe to be reliable. However, the Trivium Parties have not independently verified or otherwise investigated all such information. The Trivium Parties do not guarantee the accuracy or completeness of any such information. Subscriber assumes the sole responsibility of evaluating the merits and risks associated with the use of any Premium Content or other information on our Sitesbefore making any decisions based on such Premium Content or other information.
We may update our Sitesfrom time to time, but its contents are not necessarily complete or up to date. Any of the material on our Sites(including Premium Content) may be out of date at any given time, and we are under no obligation to update such material.
We reserve the right to withdraw or alter our Sites, and any content (including Premium Content) we provide on our Sites, in our sole discretion without notice. We will not be liable if for any reason all or any part of our Sitesis unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Sites, or the entire Site, to users, including Subscribers.
If our Sites contain links to other websites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to our Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or our Sites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY CONTENT OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SITE AND ANY CONTENT OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE AND ANY CONTENT OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER TRIVIUM NOR ANY PERSON ASSOCIATED WITH TRIVIUM MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER TRIVIUM NOR ANYONE ASSOCIATED WITH TRIVIUM REPRESENTS OR WARRANTS THAT THE SITE OR ANY CONTENT OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY CONTENT OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TRIVIUM HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT WILL TRIVIUM, ITS AFFILIATES, OR ITS OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT OR ANY CONTENT OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless Trivium, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of Trivium IP.
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of Trivium IP thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on Trivium IP.
Your continued use of Trivium IPfollowing the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
All matters relating to Trivium IPand these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York of the United States of America, without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or Trivium IP shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York in each case located in the City of New York, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
At Trivium’s sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use or Trivium IP, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York law.
No waiver of by Trivium of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Trivium to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Trivium with respect to Trivium IPand your Subscription, if applicable, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to Trivium IPand Subscription.
All other feedback, comments, requests for technical support and other communications relating to Trivium IP should be directed to: [email protected].