Privacy Policy
Please review Troutech's Privacy Policy, available upon request, which explains how we use information that you submit to Troutech.
Third Party Content
Certain materials may be provided by third-party licensors and suppliers to Troutech ("Third Party Content"). Such Third Party Content is, in each case, the copyrighted work of the creator or licensor. Unless you have permission from the owner of the Third Party Content, you agree to use such Third Party Content pursuant to the applicable licenses. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display, edit, alter, or enhance any Third Party Content without permission from its owner.
Troutech disclaims all express, implied, and statutory warranties and conditions with regard to Third Party Content, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, and non-infringement of third-party rights.
Links to Third Party Sites
This Site and/or the Services may be linked to other websites that are not Troutech sites (collectively, "Third Party Sites"). In certain situations, you may be transferred to a Third Party Site through a link but it may appear that you are still on the Site or using the Services. You acknowledge and agree that Third Party Sites may have different privacy policies, terms and conditions, and/or business practices than Troutech, and that your use of such Third Party Sites is governed by the applicable third-party policies. Troutech provides links to Third Party Sites as a convenience and does not verify, make any representations, or take responsibility for such sites, including the truthfulness, accuracy, quality, or completeness of their content. Links to Third Party Sites should not be interpreted as Troutech's endorsement of any such site or the products or services offered through it.
You agree that Troutech will not, under any circumstances, be responsible or liable, directly or indirectly, for any goods, services, information, resources, and/or content available on or through any Third Party Sites and/or third-party dealings or communications, or for any harm related thereto, or for any damages or loss caused or alleged to be caused by or in connection with your use or reliance on the content or business practices of any third party.
Unauthorized Activities
When using this Site and/or the Services, you agree to abide by common standards of etiquette and act in accordance with the law. For example, you agree not to:
• Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others.
• Use racially, ethnically, or otherwise offensive language.
• Discuss or incite illegal activity.
• Use explicit or obscene language, or solicit or post sexually explicit images.
• Post anything that exploits children or minors, or that depicts cruelty to animals.
• Post any copyrighted or trademarked materials without express permission from the owner.
• Disseminate any unsolicited or unauthorized advertising, promotional materials, spam, chain letters, pyramid schemes, or any other form of solicitation.
• Use any robot, spider, scraper, or other automated means to access the Site.
• Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
• Alter the opinions or comments posted by others on this Site.
• Post anything contrary to our public image, goodwill, or reputation.
This list of prohibitions provides examples and is not complete or exclusive. Troutech reserves the right to terminate access to your account, or your ability to post to this Site or use the Services, with or without cause and with or without notice, for any reason, or for any action that Troutech determines is inappropriate or disruptive to the Site, Services, or any other user. Troutech may report to law enforcement any actions that may be illegal, and will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Site, the Services, or the Internet.
You agree to indemnify and hold Troutech and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees and costs of defense) arising from any claim or demand from a third party that your use of this Site or Services violates any applicable law, regulation, or the intellectual property or other rights of any third party.
Proprietary Rights
Troutech and third-party trademarks and service marks may be designated through the SM, TM, or ® symbols from time to time. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or licensee.
Intellectual Property Infringement
Troutech respects the intellectual property rights of others and asks that you do the same. Troutech may, in appropriate circumstances and at its discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others. If you believe your work is the subject of copyright or trademark infringement on our Site or Services, please provide Troutech's designated agent with the following information:
• A physical or electronic signature of a person authorized to act on behalf of the owner of the allegedly infringed right.
• Identification of the copyrighted and/or trademarked work claimed to have been infringed, or a representative list of such works if multiple works are covered.
• Identification of the material claimed to be infringing and information reasonably sufficient to permit Troutech to locate the material.
• Information reasonably sufficient to permit Troutech to contact you as the complaining party, such as an address, telephone number, and email address.
• A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the allegedly infringed right.
Troutech's designated agent for notice of claims of copyright or trademark infringement can be reached at: info@troutech.com
Please note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Submitting a DMCA Counter-Notification
If Troutech removes or disables access to copyright-protected material you provided pursuant to a valid DMCA take-down notice, you may provide Troutech's designated agent with a counter-notification in writing that includes all of the following:
1. Your physical or electronic signature.
2. Identification of the material that has been removed or disabled, and the location at which the material appeared before removal or disabling.
3. A statement under penalty of perjury that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification.
4. Your name, physical address, and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or for any judicial district in which Troutech may be located if your address is outside the United States, and that you will accept service of process from the person who provided the original infringement notification or an agent of such person.
Termination of Repeat Infringers
Troutech reserves the right, in its sole discretion, to terminate the account or access of any user who is the subject of repeated DMCA or other infringement notifications.
Disclaimer of Warranties
Your use of the Site and Services is at your own risk. The materials available on this Site have not been verified or authenticated in whole or in part by Troutech, and they may include inaccuracies or errors. Troutech does not warrant the accuracy or timeliness of the materials contained on this Site or obtained through the Services. Troutech has no liability for any errors or omissions in such materials, whether provided by Troutech, its licensors, suppliers, or other users.
Troutech, for itself and its licensors, makes no express, implied, or statutory representations, warranties, or guarantees in connection with this Site, the Services, or any materials, relating to the quality, suitability, truth, accuracy, or completeness of any information or material contained or presented. Unless otherwise explicitly stated, to the maximum extent permitted by applicable law, this Site, the Services, and materials are provided to you on an "as is," "as available," and "where-is" basis with no warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. Troutech does not provide any warranties against viruses, spyware, or malware that may be installed on your device.
You are solely responsible for all of your communications and interactions with other users of the Site and Services. Troutech does not make any attempt to verify the statements of users of the Site or Services, and makes no representations or warranties as to the conduct of users or their compatibility with any current or future users. You agree to take reasonable precautions in all communications and interactions with other users, particularly if you decide to meet or conduct business offline or in person.
Limitation of Liability
Troutech shall not be liable to you for any damages resulting from your displaying, copying, or downloading any materials to or from this Site or the Services. In no event shall Troutech be liable to you for any indirect, extraordinary, exemplary, punitive, special, incidental, or consequential damages (including loss of data, revenue, profits, use, or other economic advantage) however arising, even if Troutech knows there is a possibility of such damage.
Local Laws. Troutech accepts subscribers internationally. You are responsible for adhering to your applicable local laws.
Feedback
If you send or transmit any communications, comments, questions, suggestions, or related materials to Troutech, whether by letter, email, telephone, or otherwise (collectively, "Feedback"), all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and Troutech is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property contained in the Feedback for any purpose whatsoever, including but not limited to developing, manufacturing, licensing, marketing, and selling products and services using such Feedback. You understand and agree that Troutech is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback.
Dispute Resolution and Arbitration; Class Action Waiver
Please read this section carefully. It affects your rights.
Most customer concerns can be resolved quickly and to a customer's satisfaction by contacting us at info@troutech.com. This provision facilitates the prompt and efficient resolution of any disputes that may arise between you and Troutech. Arbitration is a form of private dispute resolution in which the parties waive their rights to file a lawsuit, proceed in court, and obtain a jury trial, and instead submit their disputes to a neutral arbitrator for a binding decision. You have the right to opt out of this provision (as explained below).
All disputes between you and Troutech shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court before a judge or jury, and/or participate in class actions. Entering into this agreement constitutes a waiver of your right to litigate claims. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney's fees).
For the purpose of this provision, "THE COMPANY" means Troutech and its parents, subsidiaries, and affiliate companies, and each of their respective officers, directors, employees, and agents. The term "Dispute" means any dispute, claim, or controversy between you and THE COMPANY regarding any aspect of your relationship with THE COMPANY, whether based in contract, statute, regulation, ordinance, tort, or any other legal or equitable theory, and includes the validity, enforceability, or scope of this provision.
We each agree that, except as provided below, any and all disputes, whether presently in existence or based on acts or omissions in the past or in the future, will be resolved exclusively and finally by binding arbitration rather than in court in accordance with this provision.
Pre-Arbitration Claim Resolution
For all disputes, whether pursued in court or arbitration, you must first give THE COMPANY an opportunity to resolve the dispute. You must commence this process by sending written notification to info@troutech.com. That written notification must include: (1) your name, (2) your address, (3) a written description of your claim, and (4) a description of the specific relief you seek. If THE COMPANY does not resolve the dispute within 45 days after it receives your written notification, you may pursue your dispute in arbitration.
Exclusions from Arbitration / Right to Opt Out
Notwithstanding the above, you or THE COMPANY may choose to pursue a dispute in court and not by arbitration if: (a) the dispute qualifies for initiation in small claims court; or (b) you opt out of these arbitration procedures within 30 days from the date you first consent to this Agreement (the "Opt-Out Deadline"). You may opt out by sending a written notification to info@troutech.com that includes your name, address, and a clear statement that you do not wish to resolve disputes through arbitration. Your decision to opt out will have no adverse effect on your relationship with THE COMPANY. Any opt-out request received after the Opt-Out Deadline will not be valid.
Arbitration Procedures
If this provision applies and the dispute is not resolved as provided above, either you or THE COMPANY may initiate arbitration proceedings. The American Arbitration Association ("AAA"), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all disputes before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration.
For arbitration before the AAA, for disputes of less than $75,000, the AAA's Supplementary Procedures for Consumer-Related Disputes will apply; for disputes of $75,000 or more, the AAA's Commercial Arbitration Rules will apply. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures will apply. Because the Site, Services, and these Terms concern interstate commerce, the Federal Arbitration Act ("FAA") governs the arbitrability of all disputes.
Arbitration Award. The arbitrator may award on an individual basis any relief available pursuant to applicable law. The arbitrator will make any award in writing, and such award will be final and binding on the parties, except for any right of appeal provided by the FAA.
Location of Arbitration. You or THE COMPANY may initiate arbitration in either the State of New York or the federal judicial district that includes your billing address.
Payment of Arbitration Fees and Costs. THE COMPANY will pay all arbitration filing fees and arbitrator's costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur, including attorneys or expert witnesses.
Class Action Waiver
Except as otherwise provided in this provision, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of class or representative proceeding unless both you and THE COMPANY specifically agree to do so. If you opt out of the arbitration provision, this Class Action Waiver will not apply to you.
Jury Waiver
By entering into this Agreement, you and THE COMPANY each waive the right to a jury trial or a trial before a judge in a public court. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may also be more limited or waived.
Severability
If any clause within this provision (other than the Class Action Waiver clause) is found to be illegal or unenforceable, that clause will be severed from this provision, and the remainder will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire provision will be unenforceable and the dispute will be decided by a court.
Continuation
This provision shall survive the termination of your service with Troutech or its affiliates. If Troutech makes any change to this provision (other than a change to the Notice Address), you may reject any such change and require Troutech to adhere to the existing language in this provision if a dispute arises.
General
Troutech prefers to advise you if we feel you are not complying with these Terms and to recommend any necessary corrective action. However, certain violations of these Terms may result in immediate termination of your access to the Site and/or Services without prior notice. The Federal Arbitration Act, New York state law, and applicable U.S. federal law, without regard to choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. The United Nations Convention on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to this Agreement.
Except for disputes subject to arbitration as described above, any disputes relating to these Terms or this Site will be heard in the courts located in the City and State of New York. If any of these Terms is found to be inconsistent with applicable law, such term shall be interpreted to reflect the intentions of the parties. Troutech's failure to enforce any of these Terms is not a waiver of such terms. These Terms are the entire agreement between you and Troutech and supersede all prior or contemporaneous negotiations, discussions, or agreements about the Site and Services.
Messaging Terms & Conditions
1. General
When you opt in to the service, we will send you a message to confirm your signup. By opting into messages, you agree to receive recurring automated marketing and informational text messages from Troutech. Automated messages may be sent using an automatic telephone dialing system to the mobile telephone number you provided when signing up or any other number that you designate.
Message frequency varies, and additional mobile messages may be sent periodically based on your interaction with Troutech. Troutech reserves the right to alter the frequency of messages sent at any time. Troutech also reserves the right to change the short code or phone number from which messages are sent.
Message and data rates may apply. If you have any questions about your text plan or data plan, please contact your wireless provider. Your wireless provider is not liable for delayed or undelivered messages. Your consent to receive marketing messages is not a condition of purchase.
2. Carriers
Carriers are not liable for delayed or undelivered messages.
3. Cancellation
You can cancel at any time by texting "STOP". After you send "STOP", we will send you a confirmation message and no further messages will be sent. If you would like to receive messages from Troutech again, simply sign up as you did the first time.
4. Help
Text "HELP" at any time and we will respond with instructions on how to unsubscribe. For support regarding our services, email us at info@troutech.com.
5. Transfer of Number
You agree that before changing your mobile number or transferring your mobile number to another individual, you will either reply "STOP" from the original number or notify us at info@troutech.com. The duty to inform us of such changes is a condition of using this service to receive messages.
6. Privacy
If you have any questions about your data or our privacy practices, please refer to our Privacy Policy or contact us at info@troutech.com.
7. Messaging Terms Changes
We reserve the right to change or terminate our messaging program at any time. We also reserve the right to update these Messaging Terms at any time. Such changes will be effective immediately upon posting. Your continued enrollment following such changes shall constitute your acceptance of such changes.
Contact Us
If you have any questions about these Terms or otherwise need to contact Troutech for any reason, please reach out to us at info@troutech.com.
