Proprietary Materials
The Web Site is protected by copyright pursuant to U.S. copyright laws, international treaties and other copyright laws. The Website contains copyrighted material, trademarks (including Trion™, TrionRX™, Trion Benefits U™, the redball logo, and tagline "innovation in benefits") and other proprietary information of Trion and others (collectively, "Proprietary Material"), which may include, but shall not be limited to: text, software, photos, video, graphics, images, music and sound. User agrees not to modify, publish copy, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Material without prior written authorization from Trion.
Disclosure of Insurance Compensation Arrangements
Trion secures and otherwise facilitates the purchase of insurance coverage for its policyholder clients from a variety of insurance carriers and group benefits providers (collectively "carriers") and sometimes engages the services of other entities in connection with the issuance of such coverage. In most instances, Trion is primarily compensated for the insurance brokerage services that it provides to its policyholder clients through commission payments that are based on the premium charged, and paid for, by the issuing carrier or company for each policy secured for Trion's clients. The percentage of these commissions varies by carrier or company and policy type. When receiving commissions, Trion acts as an appointed agent producer for the carriers, has duties and obligations for such insurance companies pursuant to its contracts with those insurers, and may provide services to its customers for insurers. In addition, Trion has entered into contingent compensation arrangements with carriers and companies based on circumstances, including without limitation, the overall volume of premiums paid to or policies issued by or through a particular carrier or company for Trion's clients; and the overall growth, persistency and/or retention of the premiums paid by Trion's clients to or through a particular company. Such compensation is conditional, non-guaranteed, payable at a future date, and not charged as a direct expense to the benefit plan.
If User has additional questions regarding the compensation received by Trion for any of its insurance brokerage services, please contact Trion at ckengor [at] trion.com.
Limited Warranty
The web site is provided "as is" without warranty of any kind, whether expressed or implied, including but not limited to any warranty as to the accuracy, completeness, currency, reliability or content of any information or material provided by or through the web site, and the implied warranties of non-infringement, merchantability and fitness for a particular purpose. The entire risk as to the quality, accuracy, adequacy, completeness, currency, correctness or validity of any information or material provided by or through the web site rests with the user.
Trion does not warrant that the functions of the Web Site will meet User requirements or that the operation of the Web Site will be uninterrupted or error free.
No Liability for Loss or Injury
Neither Trion not any of its third party suppliers shall be liable for any loss or injury arising out of or caused, in whole or in part, by any negligent acts or omissions in procuring, compiling, collecting, interpreting, reporting, communicating, delivering or using information contained in the Web Site.
Links to Third Party Sites
The Web Site may contain hyperlinks to web sites operated by parties other than Trion. Such hyperlinks are provided for reference only. Trion does not control such web sites, and is not responsible for their contents. Trion's inclusion of hyperlinks to such web sites does not imply any endorsement of the material on such web sites or any association with their operators.
Limitations on Liability and Remedies
Trion is not and shall not be liable for any claim, injury or damage arising from the use of or the inability to use the web site. This disclaimer of liability includes, but is not limited to, any failure of performance, error, omission, interruption, deletion, defect, delay in operation, transmission or delivery, computer virus, communications lines failure, theft or destruction or unauthorized access to, alteration of or use of records, programs or files, whether for breach of contract, tortuous behavior, negligence or under any other cause of action.
In no event shall Trion be liable for any indirect, special, incidental, punitive or consequential damages, including lost profits, arising out of the use or performance of the web site, even if the Trion has been advised of the possibility of such damages.
Privacy
The privacy policies of Trion are accessible by clicking on Privacy. By using the Web Site and accepting these Terms, User expressly consents to use of User's information, as enumerated in the then-current privacy policies of Trion, as such policies may be amended from time to time.
Termination
Trion may terminate User's right to access the Web Site at any time, with or without cause, in Trion's absolute discretion and without notice.
Right to Modify Terms
Trion has a right to modify the Terms in any manner and at any time, with or without cause, in Trion's absolute discretion and without notice or liability. Any modification is effective immediately upon posting the modification on the Web Site. Users continued use of the Web Site following any modification of these Terms shall be conclusively deemed an acceptance of any modification. User's only right and remedy with respect to any dissatisfaction with any modification made pursuant to this provision, or any policies or practices of Trion in providing the Web Site, is to cease use of the Web Site.
Right to Modify Web Site
Trion may at any time, without notice or liability, change or eliminate any content or feature of the Web Site, or restrict the use of any portion of the Web Site. User's only right and remedy with respect to any dissatisfaction with any service-related change or elimination is to cease use of the Web Site.
General
These Terms are governed by the laws of the Commonwealth of Pennsylvania and by the federal laws of the United States, without reference to conflict of laws principles. The federal and state courts with jurisdiction over Montgomery County, PA shall have exclusive jurisdiction to adjudicate any dispute arising out of or relating to this Agreement, and User hereby expressly consents to such exclusive jurisdiction. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The failure of Trion to act with respect to a breach by a User does not waive Trion's right to act with respect to subsequent or similar breaches. User may not assign or transfer this Agreement or his or her rights hereunder, and any attempt to the contrary is void. Trion shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond its control. User shall comply with all applicable laws and regulations relating to User's access to and use of the Web Site. This Agreement sets forth the entire understanding and agreement between Trion and User with respect to the subject matter hereof and supersedes any prior understandings or agreements with respect to such subject matter.
Should you have any questions concerning these Terms, or if you desire to contact us for any reason, please email info [at] trion.com.