By accessing the Site, you are accepting the TOU. If you do not agree with the TOU, please discontinue your use of the Site. Your continued use of the Site signifies your acceptance of the TOU.
1. WHO CAN USE THE SITE?
You affirm that you are competent and authorized to agree to and abide by the TOU. If you are entering into the TOU on behalf of an entity, you represent that you are authorized to bind such entity in legally binding obligations.
2. AMENDING THESE TERMS
We may amend the TOU from time to time. The most current version will always be available at http://www.triumphgroup.com/terms-of-use/. By continuing to access or use the Site after an amendment becomes effective, you agree to be bound by the amended terms.
4. YOUR ACCESS AND USE OF THE SITE
You are authorized to use the Site in accordance with the TOU. You agree that you will not duplicate, publish, modify, reverse engineer, create derivative works from, participate in the transfer of, post on the World Wide Web, attempt to extract the source code of that software, or in any way distribute or exploit the Site, or any portion of the Site, unless laws prohibit these restrictions or you have our written permission to do so. You agree that you will not remove or alter any author, trademark, or other proprietary notice or legend displayed on the Site (or printed pages produced from the Site). No rights or licenses in the Site are granted or conveyed, except access rights as expressly set forth in this Section 4, whether expressly, by implication, estoppel, reliance or otherwise, all of which are specifically excluded and disclaimed.
5. TRADEMARKS AND CONTENT
The Site is owned and operated by Triumph Group and unless specifically stated or otherwise indicated, all content, including, but not limited to, trademarks, logos, trade names, text, data, messages, pictures, images, video, audio, graphics, buttons, data compilations, icons, code, links, or other electronic files or things that can be uploaded, downloaded, copied from, or posted on, the Internet or on web sites (referred to hereafter as “Content”) on the Site is the property of Triumph Group and protected by intellectual property laws, and therefore no Content may be copied, republished, posted, transmitted or distributed without Triumph Group’s prior express written consent, except as expressly provided in the TOU.
Content owned by third parties may also appear on the Site, and you should respect those property rights as well. Content owned by third parties available on the Site is used by Triumph Group pursuant to a license from a third party.
Triumph Group does not represent that the Content provided on the Site is completely accurate or error free, and therefore any reliance on the Content is done so at your own risk.
Permission to use documents such as data sheets, white papers, technical guides, and press releases contained within this Site is granted, provided that (1) the following copyright notice appears in all copies: Copyright © Triumph Group, Inc. U.S.A. All rights reserved, and that both the copyright notice and this permission notice appear, (2) use of such documents from this Site is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any documents are made. Use for any other purpose is expressly prohibited by law, and may result in civil and criminal penalties.
6. THIRD-PARTY LINKS
The Site may contain links to third-party websites or resources over which we have no control. These are only for your convenience, and therefore you access them at your own risk.
7. UNSOLICITED IDEAS, CONCEPTS, AND OTHER SUBMISSIONS
Submissions, comments and information to the Site, including unsolicited ideas, concepts, and submissions via designated e-mail addresses identified on the Site (“Submissions”) shall be provided by the submitter and received by Triumph Group on a non-confidential basis.
You are solely responsible for your Submissions to the Site, the consequences of transmitting those Submissions, and the consequences of any reliance by you on the Submissions posted by third parties. You acknowledge and agree that Triumph Group does not assume or have any liability for any action or inaction by Triumph Group with respect to your Submissions.
You hereby grant to Triumph Group a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, reuse publish, translate, create derivative works from, distribute, perform, and display all Submissions and to incorporate such in other works in any form, media, or technology, now known or later developed without compensation to you.
8. SITE PROVIDED “AS IS”
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE INFORMATION AND MATERIALS ON THE SITE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. TRIUMPH GROUP DOES NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THIS INFORMATION OR MATERIAL, AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THEM. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT: (I) INFORMATION IN ON THE SITE IS ACCURATE OR COMPLETE; (II) THE FUNCTIONS OR CONTENT AVAILABLE THROUGH THE SITE WILL BE ACCESSIBLE, COMPLETE, TIMELY, UNINTERRUPTED, OR ERROR-FREE; (III) THAT ANY MESSAGES YOU SEND THROUGH THE SITE WILL BE DELIVERED; OR (IV) YOUR ACCESS OR USE OF THE SITE WILL NOT RESULT IN ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM.
WITHOUT LIMITING THE FOREGOING TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW AND SUBJECT TO THE FOLLOWING SENTENCE, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT YOUR LEGAL RIGHTS WHERE IT WOULD BE UNLAWFUL TO DO SO.
9. LIMITATION OF LIABILITY
THE PROVISIONS OF THIS SECTION APPLY UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
IN NO EVENT WILL TRIUMPH GROUP, OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, REPRESENTATIVES, OR LICENSORS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL EXPENSES OR DAMAGES; LOSSES OF PROFITS, SALES, BUSINESS OR REVENUE; BUSINESS INTERRUPTION; LOSS OF ANTICIPATED SERVICES; LOSS OF BUSINESS OPPORTUNITY, DATA, USE, GOODWILL OR REPUTATION, WHETHER INCURRED DIRECTLY OR INDIRECTLY, ARISING IN CONNECTION WITH YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE.
IN NO EVENT WILL TRIUMPH GROUP’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SITE EXCEED $100 USD.
You agree, to the extent permitted by law, to indemnify, defend, and hold harmless Triumph Group, its affiliates, officers, directors, employees, agents, partners, representatives, and licensors (the “Indemnified Parties” and each an “Indemnified Party”) from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, due to, arising out of, or relating in any way to (i) any violation of the TOU by you, (ii) your access to or use of the Site, or (iii) information provided by you. You agree to fully cooperate at your expense as reasonably required by an Indemnified Party. Each Indemnified Party may, at its election, assume the defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter involving an Indemnified Party without the consent of the applicable Indemnified Party.
11. APPLICABLE LAWS
Your use of the Site shall be governed in all respects by the laws of the Commonwealth of Pennsylvania, exclusive of Pennsylvania’s choice of law rules. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to the Site shall be exclusively in the state or federal courts located in Delaware County, Pennsylvania. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises. Our failure to insist upon or enforce strict performance of any provision of the TOU shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of the TOU. We may assign our rights and duties under the TOU to any party at any time without notice to you.
12. NO CLASS ACTIONS; JURY WAIVER
You may only resolve disputes with Triumph Group on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. YOU AND TRIUMPH GROUP WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
14. CONTACT US
If you have any questions about the TOU or the Site, please contact us at:
99 Cassatt Road #210
Berwyn, PA 19312
Submit a general contact from to this address www.triumphgroup.com/contact-us/
Copyright © 2017 Triumph Group, Inc., 99 Cassatt Road #210, Berwyn, PA 19312, U.S.A. All Rights Reserved.