The Terms, as well as the Site (and information contained within the Site) may be updated or revised from time to time without notice to you. You agree to periodically review these Terms, and your continued access to or use of the Site shall constitute your acceptance of the updated or revised Terms.
If asked to provide your e-mail address during your use of the site, please provide an accurate and complete e-mail address. We may also ask for other personal information on our site in order to provide you with volunteer opportunities.
Use of Information and Services
Third parties may be linked to, or may provide certain information displayed on the Site. Although TRI-CAP believes that such information comes from trustworthy sources, the third-party information is not necessarily sponsored, endorsed, recommended, or licensed by TRI-CAP. You should directly contact the third parties and/or their references for the most accurate information.
Neither TRI-CAP nor its information sources or users are engaged in giving legal, medical, counseling or other professional services or advice in this Site.
Under no circumstances will TRI-CAP be liable for any consequence relating directly or indirectly to any action or inaction you take based on the information, services or other material on the Site. While TRI-CAP will attempt to keep its Site current, accurate, and complete, TRI-CAP and its suppliers cannot guarantee, and will not be responsible for any damage or loss related to, the timeliness, accuracy, or completeness of the information, services, or other material on the Site.
When using the Site, you agree to abide by the following rules: (a) you may not post or transmit content (information, data, text, software, graphics, sound, photographs, video, messages, etc.) (“Content”) that is unlawful, harassing, libelous, defamatory, obscene, fraudulent, harmful, threatening, abusive, hateful, that violates the property rights of others (including without limitation infringing use of a copyright or trademark), that violates the privacy or publicity right of others, or are otherwise objectionable; (b) you may not interfere with others’ use of the Site; (c) you may not use the Site to conduct any activity that is illegal or that violates the rights of others; (d) you may not use the Site to advertise or sell products or services to others; (e) you may not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (f) you may not post or transmit Content that you do not have a right to transmit under any law or under contractual or fiduciary relationship (such as inside information, confidential information, etc.); (g) you may not post Content to the Site unless the Content is freely owned by you or used with the permission of all other persons with any rights in the Content; and (h) you may not use the Site to collect or store personal data about other users.
Removal of Content
TRI-CAP does not do a prior review of Content posted by any party other than TRI-CAP and has no responsibility for Content posted by any party other than TRI-CAP to the Site. However, TRI-CAP reserves the right in its sole discretion to delete any Content submitted to or appearing on the Site. Message boards, “chat rooms” and/or other information sharing locations on the Site may contain the opinions and views of other users. TRI-CAP is not responsible for the accuracy of any messages or postings on the Site. If you believe that any Content posted on the Site is infringing, defamatory or otherwise violate the letter or spirit of these Terms, please contact TRI-CAP immediately.
Submission of Content
If you submit Content to the Site, you grant to TRI-CAP, or warrant that the owner of such Content has expressly granted to TRI-CAP, a world-wide, royalty-free, perpetual, irrevocable, transferable, non-exclusive and fully sublicense right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) and to incorporate such Content in other works in any form, media, or technology now known or later developed.
The Site may provide, or third parties may provide, links to other Internet sites. TRI-CAP has no control over such sites; TRI-CAP does not endorse, and is not responsible for, any such sites or the information, material, products or services contained on or accessible through those sites. You acknowledge that TRI-CAP shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance upon any such information, material, products, or services.
Your correspondence or business transactions with, or participation in promotions of, third parties found on, or e-commerce through, the Site and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that TRI-CAP shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such transactions or as the result of the presence of such third parties on the Site.
You agree to indemnify, defend and hold harmless TRI-CAP, its affiliates, governing board, officers, agents, employees, partners, and suppliers from any liability, loss, claim, demand, and expense (including reasonable attorneys’ fees) related to (a) your use of the Site; (b) your violation of these Terms; or (c) your posting of Content to the site.
Modifications to Site
TRI-CAP reserves the right to, from time to time, discontinue, temporarily or permanently, the information, services, products, and/or other Content on the Site with or without notice.
Use and Storage of Content on the Site
TRI-CAP may establish general practices and limits concerning the use of the Site, including without limitation, the maximum number of days that Content will be available on, or retained by, the Site. TRI-CAP, in its sole discretion, reserves the right to change these general practices and limits at any time.
Ownership of Content
All information on the Site, as well as the organization and layout of the site, other than Content posted by you, is owned and copyrighted by TRI-CAP or its suppliers or other Site users. Except as expressly authorized by TRI-CAP, you may not copy, distribute, resell, display, sublicense or create derivative works based on any such information from the Site, in whole or in part.
Disclaimer of Warranty
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THIS SITE, AND ALL INFORMATION AND CONTENT ON THIS SITE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TRI-CAP AND ITS INFORMATION SUPPLIERS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES WITH REGARD TO THE SITE AND ALL INFORMATION, SERVICES, AND MATERIALS CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TRI-CAP MAKES NO WARRANTY THAT: (a) THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE SITE WILL BE SATISFACTORY; (b) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND; (d) ANY ERRORS IN THE SITE WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TRI-CAP OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Limitation of Liability
If any jurisdictions do not allow the foregoing limitations of liability, the foregoing limitations may not apply to you.
TRI-CAP may, in its sole discretion, with or without notice, suspend or terminate your use of this Site, and remove and discard any Content on the Site, for any reason, including, without limitation if you violate these Terms. TRI-CAP may also bar you from any future access to the Site. TRI-CAP will not be liable to you for any such suspension, termination or prohibition on future access. Should you object to any subsequent modifications of the terms and conditions of these Terms, your sole recourse will be to immediately notify TRI-CAP of your termination of these Terms, which termination will be effective immediately. To the extent permitted by applicable law, the terms and conditions of these Terms will survive any termination of these Terms.
Any notices to you by TRI-CAP can be made by either e-mail, regular mail, or telephone.
These Terms constitute the entire agreement between you and TRI-CAP and govern your use of the Site, superseding any prior agreements between you and TRI-CAP regarding the Site (including, but not limited to, any prior versions of these Terms). These Terms and the resolution of any dispute related to these Terms or the Site shall be governed by and construed in accordance with the laws of the State we are located in, without giving effect to any principles of conflicts of law. TRI-CAP’s failure to insist upon strict enforcement of any provision of these Terms shall not be construed as a waiver of any provision or right. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will be enforced in accordance with their terms. The section headings in these Terms are for convenience only and have no legal or contractual effect. Regardless of any statute or law to the contrary, you hereby waive your right to bring any claim against TRI-CAP more than 1 year after such claim first arose.
Any controversy or claim arising out of or relating to these Terms will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. You consent to the arbitration being conducted at a location selected by TRI-CAP within the State of Indiana. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or TRI-CAP may seek any interim or preliminary equitable relief from a court of competent jurisdiction in Dubois County, Indianaas necessary to protect the rights or property of you or TRI-CAP pending the completion of arbitration.
TRI-CAP is committed to respecting the privacy of online visitors and pledges its best efforts to that end. In general, you can visit TRI-CAP on the Web without telling us who you are or revealing anything about yourself.
Our Web server automatically recognizes each visitor’s domain name, but does not automatically collect personally identifiable information. There are times, however, such as when you place a product order or register for an event, that we will collect specific information. If you choose to provide personally identifiable data, you may receive future information from us–by mail, electronically or by telephone–advising you of upcoming TRI-CAP events, services, new products, or volunteer and support opportunities. If you do not wish to be contacted with such information, please let us know by writing or sending e-mail to the addresses listed on the Contact Us Web Page
In order to provide a more comprehensive and useful site, the TRI-CAP Web site contains links to other Web sites. TRI-CAP is not responsible for the privacy practices of these sites.