The following Terms and Conditions apply to the use of this web site and other linked sites that may be owned or operated by Trivac (collectively, the "LIT Site") operated by Trivac Ltd. and its affiliated entities (collectively "Trivac"). BY USING THE LIT SITE, THE LIT SOFTWARE, OR BY USING ANY OF THE SERVICES MADE AVAILABLE AT OR THROUGH THE LIT SITE (THE "SERVICES"), YOU AGREE TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE LIT SITE, THE LIT SOFTWARE, OR THE SERVICES AND CONTACT TRIVAC FOR INSTRUCTIONS ON RECEIVING A REFUND OF AMOUNTS PAID, IF ANY.

1. Proprietary System and License. The LIT Site contains patented, copyrighted and other proprietary systems and information of Trivac. Trivac grants you a non-exclusive, nontransferable, revocable, limited license to use Trivac's proprietary systems, including certain software (the "LIT Software"), in object code form, solely to utilize the Services as permitted by these Terms and Conditions, during the time that you are an authorized user. Certain names, graphics, logos, icons, designs, words, titles or phrases at the LIT Site may constitute registered trade names, trademarks or service marks of Trivac or other affiliated entities. The display of the above on pages at the LIT Site does not imply that a license of any kind has been granted. Any unauthorized downloading, re-transmission or other copying or modification of the contents of the LIT Site may be a violation of the law and could subject those engaging in such activities to legal action. You also agree not to permit others to use, resell or re-license the LIT Software or the Services. Except for the rights licensed to you hereunder, as between you and Trivac, Trivac or its licensors will own all rights in and to Trivac's proprietary systems (including the LIT Software), and all associated rights under copyright, trademark, patent and any other applicable laws. You agree that you will not challenge Trivac's ownership of the LIT Software or other proprietary rights.

2. User Information. From time to time, we may request certain personal information from you ("User Information"). You represent that User Information provided by you through the LIT Site: (a) will not be fraudulent; (b) will not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); and (c) will not contain any viruses, or other computer programming routines that are intended to damage, detrimentally interfere with, intercept or expropriate any system, data or personal information. You also are not allowed to permit other users to use your password or identification for the LIT Site.

3. System Integrity. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the LIT Site or any transaction being conducted on the LIT Site. You may not copy, create derivative works based upon, post, or upload any content (including, without limitation, photographs or other graphic images) of the LIT Site, LIT Software, or the Services, other than User Information owned or provided by you, to another Internet web site, any public or private bulletin board system, or any other electronic network or Internet service, nor may you post any links between the LIT Site and/or any content thereon to any other site or location without written permission from Trivac. In addition, the creation and/or the facilitation of the creation of links or frames to the LIT Site, the LIT Software, or the Services is not permitted without the written permission of Trivac. Specifically, under no circumstances may any content from the LIT Site be used for or in connection with any other third party service or web site without expressed authorization from Trivac. We may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your activity on our web site if you breach these Terms and Conditions, or if we are unable to verify or authenticate any information you provide to us. We also reserve the right to refuse service to any person or entity for any reason. You shall indemnify, defend, and hold Trivac harmless from and against any claims to which it may be exposed as a result of your breach of any of the covenants contained in this section.

4. Privacy. With respect to User Information. Trivac will only use User Information in accordance with our Privacy Policy. Trivac's Privacy Policy is incorporated herein by reference.

5. Third Party Information or Sites. Since Trivac may receive the information used in or with its training programs on the LIT Site from others, Trivac cannot guarantee the accuracy or completeness of the information or make any warranties, expressed or implied, with regard to the use or the results to be obtained from its use. In addition, Trivac takes no responsibility for the accuracy or content of any linked web sites. As the operation of the LIT Site may be interfered with by numerous factors outside of Trivac's control, Trivac cannot guarantee (a) any continuous, uninterrupted or secure access to the LIT Site and the services provided on such site, (b) that the files or information available on the LIT Site will be free from infection, viruses, worms, or other codes that manifest contaminating or destructive properties, or (c) that any defects in the web site, software, materials, products or service will be corrected.

6. Term. Your license to use the LIT Site and the LIT Software remains in effect until terminated by you or Trivac. If you are unsatisfied with the Services or the LIT Software, your sole remedy is to terminate your license. Trivac may terminate your license, in whole or in part with or without cause, at any time immediately upon our disabling your password and identification. We may notify you of termination via e-mail or other written notice to the address you provide to us in the registration process. After the termination, you are not authorized to access or use the Services, the LIT Software, or the LIT Site.

7. Waiver of Warranties. TRIVAC PROVIDES THE LIT SITE, THE LIT SOFTWARE, AND THE SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESSED OR IMPLIED. TRIVAC AND ITS LICENSORS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states or countries do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. You may also have other legal rights that vary from state to state, from country to country.

8. Limit of Liability. To the fullest extent allowed by law, you hereby release and discharge Trivac, and any third party licensors or data suppliers, and each of its officers, directors, employees, shareholders, business partners, customers and any other authorized agent or representative of Trivac, from any and all liability associated with your use of the LIT Site, the LIT Software, and the Services. This release shall apply to any and all claims, known or unknown, held by you. You also agree not to sue, and expressly waive any and all claims against Trivac for any claim that is released hereunder. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL TRIVAC OR ANYONE INVOLVED IN CREATING, PRODUCING, DELIVERING OR MANAGING OUR SERVICES BE LIABLE FOR LOST PROFITS, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE LIT SITE, THE LIT SOFTWARE, OR THE SERVICES. This exclusion or limitation of liability will not apply to the extent that any applicable statute prohibits such exclusion or limitation of liability. To the extent that any applicable statute applies which modifies the above, Trivac's liability shall be limited to a refund of the amounts, if any, paid by you to Trivac for the licenses granted hereunder during the six (6)-month period immediately preceding the accrual of your cause(s) of action and shall not include any hypothetical gains or losses, and it is agreed that the trier of fact shall only consider the actual acts, or lack thereof, of the parties to this agreement.

9. Communication Records/E-Mail Communication. For your protection and for the protection of Trivac, and as a tool to correct misunderstandings, you understand, agree and authorize us, without additional notice to you, to monitor and record any or all telephone conversations between you and us and any of our employees or agents and to monitor your electronic communications conducted with us. You further consent to receive email communications from Trivac and acknowledge that any such communications are acceptable to you pursuant to the provisions of the United States CAN-SPAM Act and related legislation.

10. Notices. Except as explicitly stated otherwise, any notices shall be given by email to Trivac at webmaster@trivac.com and to you at the email address you provide to Trivac, or such other address as the party shall specify. Notice shall be deemed given 48 hours after email is sent, unless the sending party is notified that the email address is invalid. You agree to promptly notify Trivac of any changes to the contact email address(es) you provided to Trivac. Failure to do so shall constitute a waiver of your ability to assert lack of notice as the basis of any defense.

11. Choice of Law. The laws of the State of Texas, U.S.A., (excluding its choice of law provisions) will govern the interpretation and enforcement of these Terms and Conditions, AND YOU FURTHER CONSENT TO THE JURISDICTION OF THE STATE OF TEXAS OVER YOU INDIVIDUALLY AND EXCLUSIVE VENUE WITHIN THE STATE OR FEDERAL COURTS OF TEXAS WITH RESPECT TO ANY DISPUTE ARISING OUT OF THESE TERMS AND CONDITIONS OR YOUR USE OF THE LIT SITE.

12. Miscellaneous. We may assign our rights and duties under these Terms and Conditions to any of our subsidiaries or affiliates without giving you notice, or to any other entity upon prior written notice to you. You may not assign or delegate this agreement without Trivac's prior written consent.

Except as specifically permitted in these Terms and Conditions, no provision or condition can be, nor should be deemed to be, waived, altered, modified or amended unless agreed to in writing by an authorized officer of Trivac. Neither our failure to insist at any time upon strict compliance with these Terms and Conditions or with any of the terms herein, nor any continued course of such conduct on our part shall constitute or be considered a waiver by Trivac of any of our rights or privileges herein.

Trivac reserves the right to change these Terms and Conditions at any time without specific notice to you, and you must frequently check this site or its successor site(s) to determine the current terms and conditions that govern your use of the LIT Site, the LIT Software, or the Services. Continued use of Trivac's services after such notice will constitute acknowledgment and acceptance of such amendment. Certain policies and/or procedures may be further outlined on the LIT Site and by your use of the LIT Site, the LIT Software, or the Services, you agree to be bound by any and all such postings.

If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

In any action arising out of this agreement, the prevailing party shall be entitled to an award of its reasonable attorney fees and costs. You agree that Trivac will be irreparably harmed by your breach of this agreement and may not have an adequate remedy at all; therefore, you agree that Trivac shall be entitled to entry of injunctive relief enjoining your conduct in violation of this agreement without necessity of posting a bond for security.