Terms & Conditions

Last modified: 02 Aug 2021

Welcome to Trocter!

These terms and conditions outline the rules and regulations for the use of Trocter, located at www.trocter.com.

Website Terms and Conditions of Use

By continuing to browse or otherwise use the website, you agree to comply with and be bound by the following Terms and Conditions of Use, which together with our Privacy Policy govern the Owner's relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use the website.

The following terminology applies to these Terms and Conditions, Privacy Policy, Disclaimer Notice, and all Agreements. The terms "Trocter" or "Owner" refer to the owner of the website whose registered office is at Shepherdstown, West Virginia. The term "Website" refers to the Trocter website and includes all pages within the website and all sub-domains of the website. The term "Contractor" refers to freelance developers and other IT professionals engaged by Trocter for execution of various IT projects. The terms "Subscriber" or "Registered User" refer to individuals who register and create profiles on the website. The term "User" refers to individuals who browse information or content on the website.

The use of this website is subject to the following terms of use:

Introduction

Trocter is an IT project management company, specializing in efficient and effective execution of IT projects. To this end the company engages on contract IT professionalsfor the execution of such projects.

Trocter is also a web-based service for the advertisement of freelance IT services. It provides a platform for freelance IT professional to advertise their services, and for IT project owners/managers to identify and engage freelance IT professionals.

These terms and conditions (hereinafter referred to as "terms and conditions"), and contained herein on this Website, shall govern the use of the website. These terms and conditions shall apply in full force and effect to the use of this Website. All persons or parties who use this Website hereby expressly accept all the terms and conditions contained herein in full.

Intellectual Property Rights

Intellectual property rights to all information and content on this Website, including content uploaded to and generated on the Website by Subscribers, Registered Users, and other Users, shall reside with and belong to the Owner of the Website. All such rights are reserved to the Owner, which may at its sole discretion, assign such rights or part thereof to other parties. Subscribers, Registered Users, and other Users are granted a limited license only, subject to the restrictions contained in these terms and conditions, for purposes of viewing and interacting with the material contained on the Website.

This website contains material which is owned by or licensed to the Owner. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction of such material is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

All trademarked and/or copyrighted material displayed or reproduced in this Website, which is not the property of, or licensed to, the Owner are acknowledged on the Website.

Unauthorized use of this Website or any of the content thereof may give rise to a claim for damages and/or criminal prosecution.

This Website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that the Owner endorses the content or information provided on such linked website(s). The Owner has no responsibility for the content of the linked website(s).

Restrictions

    Subscribers, Registered Users and other Users of the Website are expressly prohibited from all of the following:

  • Publishing any material obtained from the Website in any media;
  • Selling, sublicensing and/or otherwise commercializing any Website material;
  • Using any material obtained from the Website in any public performance or showing;
  • Using this Website in any way that is, or maybe, damaging to this Website;
  • Using the Website in any way that negatively impacts user access to or use of the Website;
  • Using the Website in any manner that is contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any other person or business entity;
  • Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
  • Using this Website to engage in any advertising or marketing not sanctioned beforehand by the Owner.

Website Access

The Owner hereby reserves the right to restrict access to certain areas of the Website. Such restricted areas shall be determined and may be altered or modified by the Owner at its sole and absolute discretion.

Access to the Website shall be granted at the discretion of the Owner and shall be controlled through the use of username/password combinations, such username/password combinations to be established by each user at the time of registration.

It is the responsibility of each registered user to keep his username/password combination safe and secure and prevent unauthorized access to the user's information except as shared by the user with other registered users on the Website.

Content

"Content" as used in these terms and conditions shall mean any audio, video, text, image or other material displayed on the Website, whether provided by the owner or by Subscribers, Registered users or other Users.

With respect to Subscriber or User-provided content, by displaying such content on the Website the Subscriber or User grants the Owner a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media formats.

The Subscriber or User also warrants, by displaying the content on the Website, that such Subscriber or User-provided content is the Subscriber's or the User's and its use and/or display does not infringe on any third party's rights.

The Owner reserves the right to remove any Subscriber-provided or User-provided content from the Website at any time, and for any reason, without notice.

No Warranties

This Website is provided "as is," and the Owner makes no express or implied representations or warranties of any kind related to the Website or the materials contained on the Website.

Nothing contained on the Website shall be construed as providing consulting or expert advice of any kind.

Neither the Owner, Subscribers, Users nor any third parties posting content on the Website provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the Website for any particular purpose. All Subscribers, Registered Users, and other Users acknowledge that such information and/or content may contain inaccuracies or errors and the Owner expressly excludes liability for any such inaccuracies or errors to the fullest extent permitted by law.

The use of any information or content on this website by any person, persons or other entities is entirely at his/its own risk, for which the Owner shall not be liable. It is the responsibility of every Subscriber or User to ensure that any information or content available on this website meet their specific requirements or needs.

Limitation of Liability

In no event shall the Owner or any of its officers, directors, and employees be liable for any harm or damage arising out of or in any way connected with the use of the Website, whether such liability arises under contract, tort or howsoever.

The Owner, including its officers, directors, and employees, shall not be liable for any direct, indirect, consequential or special liability arising out of or in any way related to the use of the Website.

Indemnification

The Owner is hereby indemnified, to the fullest extent permissible, from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney's fees) arising out of or in any way related to the breach of any of the provisions of these Terms and Conditions by any Subscriber or User of the Website.

Severability

If any provision of the provisions of these Terms and Conditions is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

Variation of Terms

These Terms and Conditions can be revised by the Owner at any time and to any extent as it sees fit.

By using this Website, the Subscriber or User expressly accepts such revised terms and conditions.

Assignment

The Owner may assign, transfer, and/or subcontract its interest, rights and/or obligations under these Terms and Conditions without any notification or consent required.

A Subscriber or User shall not assign, transfer, or subcontract any of his interests, rights and/or obligations under these Terms and Conditions.

Entire Agreement

These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between the Owner and the Subscribers and Users in relation to the use of this Website and supersede all prior agreements and understandings with respect to the same.

Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of West Virginia and of the United States. All Subscribers and Users hereby submit to the exclusive jurisdiction of the State and Federal Courts located in West Virginia for the resolution of any disputes arising from the use of the Website.

in contract, in tort and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

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