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Necessary Legal Stuff

Effective Date: October 1, 2012

Trillium Staffing Solutions and its current and future affiliates will be referred to as "we", "our" “Trillium” or "Company" throughout this document and on our web pages. The information contained on this Trillium web page or any Trillium affiliate website or landing page, including links to other websites and various social media sites, current or future, does not constitute legal or professional advice and is provided for educational and/or informational purposes only. Trillium does not warrant or guarantee the accuracy of the information on this website or any other websites to which it provides links.

Understand that if you submit content to any Trillium webpage or social media profile (“Website), this information becomes available to the general public. The general public may then have access or use your posted information in an inappropriate manner which is outside the control of Trillium. If you do not wish to have your comments or information viewed, copied, reprinted, or utilized in any other manner Trillium cannot control, please do not post on any Website or Social Media page. Trillium is not responsible for any content submitted by any other users. Trillium reserves the right to add, remove, or edit content on this page in its sole discretion. If you find inappropriate content on any page, please notify a member of our IT Staff at 1.877.836.8494 or contact us via e-mail at online.relations@trilliumstaffing.com immediately so that we may review it and take any needed action to correct it. Before utilizing our site and any time you need a refresher, please take a moment to review our Privacy Policy, Terms of Service, and related topics below.

Trillium’s Privacy Policy

Effective Date: October 1, 2012

Trillium Staffing Solutions and its current and future affiliates ("we", "our" “Trillium” or "Company") protect your privacy like it’s our own. Trillium respects the privacy of our customers, candidates, applicants, job seeker, employees, suppliers, and vendors. We realize that you have certain rights related to any personal information that we collect from you. To that end, we have detailed below key features of this privacy policy, and how it works to protect you. The policy explains what information we collect, how we use the information we collect including ways we may contact you using cellular and other phone numbers or e-mail addresses you provide, and how you can instruct us to limit the use of that information. By registering for any of our Services, you understand, acknowledge and agree that we may use and share your personal information, as permitted under this Policy and per the various federal, state, and local privacy laws. This Policy, which is incorporated into our Terms of Service, is part of a legally binding contract ("Agreement") between you and Trillium. If you do not agree to this Policy, including all sections in its entirety, please do not register for any of our Services.

By submitting your information you consent to the use of that information as set out in this policy. If we change this privacy policy we will post the changes on the Website and/or send notification of such changes through postal mail, e-mail, or text-message, with the changes taking effect on the date of posting or on the date communicated. Continued use of the Company service will signify that you agree to any such changes. You should review this Policy every time you use the Website or submit information to us, as this Policy is binding on you.

I. The Information We Collect

As a job seeker, when you register for any of Trillium’s services ("Service") on any of our website pages or social media avenues, by any means including, but not limited to, by e-mail, by text message, or in person, you will be required to provide personal information, which may include, but is not limited to, your full name, postal address, e-mail address, cellular telephone number, username, password, and job preferences, all of which is necessary in order for us to process your registration and establish your account with us. In addition, Trillium may ask you to provide your job-related preferences, skills, and interests and other information to set up your profile from which you can be identified by Trillium and/or by potential employers. Your profile information will enable us to match you with potential employers thus allowing you to participate in the Service. The information described above is information that you specifically provide. Other information that you specifically provide includes, but is not limited to, the content of emails, text messages, letters, phone calls, and comments you send, place, or post to the Company, our employees, agents, affiliates, or representatives, through our Service or on our Website. We expect you to provide accurate information to the best of your ability. However, we do not seek to collect through our Service or on our Website any "Sensitive Personal Information" such as personal information revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, and trade-union membership, or that concerns a person’s health. Please do not submit any such Sensitive Personal Information to Trillium.

If you are seeking a job with Trillium or one of its clients, it’s very important to note that Trillium considers applicants for all positions without regard for race, color, religion, creed, gender, national origin, age, disability, marital or veteran status, or any other legally protected status. And, if hired, and you become an employee of Trillium or an affiliate company, you will be subject to Form I-9 Employment Eligibility Verification and Social Security Number Verification upon hire.

In addition to your personal and profile information described above, we may collect information automatically regarding your use of the Website and/or Service. This information, includes but is not limited to, your IP address (i.e., a number that is assigned to your computer whenever you connect to the internet), the type of browser that you use (e.g., Chrome, Firefox, Internet Explorer, Netscape, etc.), the type of operating system that you use (e.g., Windows or Mac OS), the domain name of your internet service provider (e.g., America Online, Earthlink, Charter, etc.), your location, the type of cellular telephone you use (e.g., iPhone, Blackberry, Nokia, etc.) and your cellular service provider (e.g., AT&T, Verizon, Sprint, etc.). We may also collect and use aggregate information and statistics (e.g., data that describe the demographics, usage and/or characteristics of our users as a group). These statistics will not include information that can be used to identify any individual.

II. How Trillium Uses the Information We Collect

General Grant of Permission for Trillium to Lawfully Use Your Information

By registering for the Service or using the Website, you understand, acknowledge and agree that for various purposes we may use and share your personal information, without further notice to or consent (either opt-in or opt-out) from you. In general, Trillium uses personal information it collects to pursue our operations and our mission, including the management of our Website, user or activity tracking, and related activities. You should assume that Trillium will use all information for all lawful purposes.

We reserve the right, but do not undertake a duty, to notify you of court orders, subpoenas or other legal process if allowed. If you do not want us to respond to a legal process compelling us to disclose your information, you need to seek a valid order permitting us to refuse to disclose it and serve the order on us at least five (5) business days before the response deadline.

We reserve the right to use, disclose, retain, share, sell and otherwise deal with all information collected via the Website or the Service or provided to us in our operations, for any lawful purpose or to prevent harm to us or others. For example, and without limitation, in our discretion we may:

B. Information Use and Disclosure Subject to Opt-out

As outlined below, you may opt-out of certain communications and services that we provide: (1) We may provide you with information about special or new features of our Website, Service or any other services, products or offers from us which we think may be of interest to you; if you would rather not receive this information, please send an e-mail message to your local Trillium branch office or to online.relations@trilliumstaffing.com or contact our Corporate IT Department at 1.877.836.8494.

(2) We may provide you with information regarding third party products, services or offers which we think may be of interest to you; if you would rather not receive this information, please send an e-mail to your local Trillium branch office or to online.relations@trilliumstaffing.com or contact our Corporate IT Department at 1.877.836.8494.

(3) We may provide your information to carefully selected third parties whose products or services we believe may be of interest to you, so that they may contact you directly with information and offers about their products or services. If you do not wish us to disclose your information in this way, please send an e-mail to your local Trillium branch office or to online.relations@trilliumstaffing.com or contact our Corporate IT Department at 1.877.836.8494.

C. Special Consent to Contact You by Telephone, Voicemail, E-mail and/or Text Messaging

By providing your cellular phone number through our Website or Service, by e-mail, postal mail, or text message, you consent expressly and in writing to have Trillium, our representatives, employees, agents, successors, affiliates, and assigns, to contact you at the phone number through voice and text message, knowing that you are solely responsible for all cellular service charges. You acknowledge and agree that the Service you seek to obtain from the Company may be provided in some cases through automatic telephone dialing technology and/or through an artificial voice or pre-recorded voice message. Trillium may limit its use of automatic telephone dialing technology or artificial or pre-recorded voice in order to comply with laws and regulations that restrict the use of such technologies. You may choose to decline Service delivered through automatic telephone dialing technology or pre-recorded or artificial voice by indicating these preferences in your account profile. Be aware that declining to receive Service through automatic telephone dialing or artificial or pre-recorded voice may limit or otherwise affect your ability to access or use certain features of the Service, including information delivered by text message. You are not required to consent to receive Service through automatic dialing technology or artificial or pre-recorded voice. Unless you specifically decline Service delivered through automatic telephone dialing or artificial or pre-recorded voice, you consent expressly and in writing to have Service delivered through these means by providing your phone number in your account profile. By providing us your phone number and not opting-out as described above, you express your willingness to receive the Service through automatic dialing technology, artificial and pre-recorded voice. By providing this information, you further agree to receive notifications from the Trillium, its representatives, employees, agents, successors, assigns, parent, and affiliates, through any means authorized under this Agreement, including phone calls and text messages that use automatic telephone dialing technology, artificial voice or pre-recorded voice.

III. Trillium’s Use of Cookies and Other Information Gathering Technologies

Cookies are small pieces of data stored by your browser on your computer’s hard drive for record keeping purposes.

Like many companies, we use cookies to understand what web pages you have viewed, what links you click, the searches you conduct on the Website, to ascertain how frequently specific pages are visited, to establish the most popular areas of the Website and generally to monitor usage of the Website. Trillium may also use clear gifs, log file information, and other technologies to store user information, customize content, or monitor Website activity.

Most web browsers automatically accept cookies. You may choose to decline cookies if your browser permits, but doing so may affect your ability to access or use certain features of the Website or Service. Similarly, you may be able to adjust settings on your mobile device to limit the personal information it stores and these adjustments may affect your ability to access or use certain features of the Website or Service.

We may allow third parties to display advertisements or links on the Website. These companies may use cookies and other tracking technologies to collect information about users who view or click their advertisements or links. The collection of this information enables the third parties to determine the effectiveness of their advertisements and links. We do not provide any personal information to these third parties, but they may collect information about where you saw and/or clicked on the advertisements or links they deliver. The collection and use of that information is subject to the third party’s privacy policy in which Trillium has no control over. Understand that Trillium is not responsible for the data policies, content, or security of other websites or social media avenues that may be accessed by you through the Website. It’s up to you to use your best judgment when clicking on, browsing, accessing or sending your personal information to these third party sites.

IV. How Trillium Protects Your Information

Be aware that neither the Internet nor mobile phones can be considered 100% secure. We endeavor to take all reasonable steps to protect your data by taking all appropriate physical, electronic, and other security measures to help safeguard your personal information from unauthorized access, loss, misuse, alteration, or disclosure. However, we do not guarantee that these efforts will completely protect your information and we accept no liability for compromise of user information in the event of a breach. If ever a security breach should occur, Trillium would endeavor to react as quickly as possible to remedy the problem. We will strive to notify you in accordance with applicable law in the event that the security of your personal information is breached or compromised. By registering for our Service or by using the Website, you hereby affirmatively consent to receiving our notification regarding any breach or compromise, or suspected breach or compromise, of the security of your personal information, by e-mail, telephone (voice or text message) or postal mail, as we deem appropriate, and as required by applicable federal, state, and/or local law.

It is your responsibility to keep your username, password, and other account access information in a safe place and not to divulge it to anyone. Also, please be sure to sign off of your account and close your browser window when you have finished your visit to our Website or Service. This will help to ensure that others cannot access your account, especially if you are sharing a computer with another person or are using a computer in a public place such as a library or an Internet café or hotspot.

V. Updating Your Information

If you choose to use our Website or Service, it is your responsibility as a user to keep your information accurate and current at all times. If your information is not accurate and current, we may not be able to provide Service to you effectively. To update your personal information such as your e-mail address, postal address, cellular or home telephone number or other profile information, you may either update your account directly on the Website, send your request in writing via e-mail or regular mail to your local Trillium branch or representative, or send your request in writing via postal mail to Trillium, 5555 Gull Road, Kalamazoo, MI 49048.

Please note that you may also request, in writing, your personal information relating to you that Trillium holds. We will process any such requests in the ordinary course of business and pursuant to applicable law. Trillium reserves the right to charge you a nominal copying fee and postage fee for any personal information requested by you.

I. Children and Minors

The Website and Service are intended for use by persons who are 18 years of age and older. We do not allow persons under the age of 18 to use the Website and Service and will not accept any request or application submitted by an underage person. We do not knowingly collect personal information from persons under the age of 18. If we become aware or suspect that you are under the age of 18, any information you submit will be subject to our reasonable efforts to destroy such information (except as necessary for verifying your age or as required by law). No information should be submitted on the Website or via text by underage persons.

VII. How to Contact Trillium

We welcome your views about the Website, the Service, this privacy policy, our Term and Conditions of Use, and other necessary legal disclosures. If you would like to contact us with any queries or comments or if you notice inappropriate content on any of our landing pages or social media links, please contact us right away via the following means:

E-mail: online.relations@trilliumstaffing.com Call: 1.877.836.8494 Write to: Trillium, Attn: IT Manager, 5555 Gull Road, Kalamazoo, MI 49048 We’ll do our best to handle your concerns right away.

Trillium’s Website Terms & Conditions of Use

Effective Date: October 1, 2012

The Agreement Between Trillium Staffing Solutions and YOU

Welcome to Trillium’s website. Whether you are visiting this site as a customer, candidate, applicant, job seeker, employee, supplier, and vendor, or in any other capacity, you will find the terms and conditions that govern your use of Trillium’s Website and Service below.

THESE WEBSITE TERMS AND CONDITIONS OF USE CONSTITUTE A LEGAL AGREEMENT ("AGREEMENT"), BETWEEN YOU AND TRILLIUM STAFFING SOLUTIONS ("we", "our" “Trillium” or "Company"). PLEASE READ THIS AGREEMENT ALONG WITH THE PRIVACY POLICY and TRILLIUM’s MOBILE TERMS AND SERVICE AND USE, IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THIS WEBSITE. IF YOU DO NOT AGREE TO ALL TERMS, PLEASE DISCONTINUE USING THE SITE IMMEDIATELY.

This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by the Company. Trillium and its affiliates reserve the right to refuse service and terminate accounts, including, without limitation, if we believe that your conduct violates applicable law or is harmful to the interests of Trillium and its affiliates.

Data

Your registration on the site specifically authorizes Trillium to send you e-mail messages from time-to-time containing product, service, or promotional offer information. You agree to hold Trillium harmless from any direct, indirect or consequential damages resulting from receiving e-mail messages from Company. You represent that you are the authorized user of the e-mail address that you have supplied, that you are at least eighteen (18) years of age, and are authorized to join Internet programs in which e-mail communications are used.

It is your sole responsibility to ensure that the e-mail address you initially provide is valid and deliverable and that, should your e-mail address change, it is your sole responsibility to return to the Trillium Website and update your e-mail address.

It is your responsibility to remove yourself from the Website or Service should you wish to no longer receive e-mail or other communications from Trillium. Please understand that simply replying to a message we send you is not an authorized method of removal and such requests may not be processed. Removal from the Website or Service is properly accomplished by unsubscribing directly from our website by logging into your account or unsubscribing from the email. No other methods of removal are approved or authorized.

Privacy & Security

You are able to browse through Trillium's site without entering any personal information and therefore may remain anonymous during your visit. When you do decide to join our mailing list, ask to be contacted, register on our site, or apply for a job, Trillium will not sell, trade or rent your personal information to unrelated outside parties, except as set forth in the Privacy Policy.

Copyright

All content included on this site, including but not limited to, text, graphics, logos, button icons, images, audio clips, and software, is the exclusive property of Trillium or its content suppliers and is protected by U.S. and international copyright laws. The collection, arrangement, and assembly of all content on this site is also the exclusive property of Trillium and similarly, is protected by U.S. and international copyright laws. Any other use, other than Trillium’s intended use of this site, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this site is strictly prohibited.

Trademarks

Trillium is a registered trademark in the United States and other countries. All graphics, logos, and service names are registered for the sole use of the Company. Our trademarks may not be used in connection with any product or service that is not Trillium’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Company.

Intellectual Property

If you become an employee of Trillium, you need to understand that any technique, process, strategy, invention, improvement, design, logo, computer program, or other work relating to Trillium’s business which you create, develop, or help to create or develop shall, without further compensation, be considered worked made with the course of your employment and within the scope of your duties as an employee for Trillium. All such works and all copyrights, patents, trademarks, designs, or other intellectual property rights therein shall be owned by Trillium. If notwithstanding the foregoing, you own, in part or in whole, any such work or any intellectual property rights, you hereby assign, to the extent created as of the date hereof, and shall assign from time to time as created, you entire right, title, and interest in such works and any intellectual property rights therein to Trillium and shall cooperate with the Company to file any application and to assign such application for work to Trillium upon the Company’s request and without further compensation. You agree to execute all assignments or other documents requested by Trillium and to assign to Trillium the rights referred to above. You also agree that employer may use and publish your name, picture or voice, including a video or sound recording and broadcasts, for purposes relating to its business, without further permission or compensation to you.

Prohibited Content

Trillium is not responsible for any content submitted by you or any other users and there is certain content that may not be placed on our Website or social media avenues at any time. The following is a partial list of the kind of content which is illegal or prohibited on the site. It includes content that:

If you post any illegal or prohibited content on Trillium’s Website, you assume all liability for your actions.

Remember, Trillium reserves the right to add, remove, or edit content on this page in its sole discretion. If you find inappropriate content on any page, please notify a member of our IT Staff at 1.877.836.8494 or contact us via e-mail at online.relations@trilliumstaffing.com immediately so that we may review it and take any needed action to correct it.

Termination of Usage

You understand that user access to all or part of this site may be terminated or suspended at any time, without notice and for any reason.

Third Parties

If you use this site to submit requests for or on behalf of a third party ("Third Party"), you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform the Third Party of all terms and conditions applicable to all products or services acquired through this site including all rules and restrictions applicable thereto. Each user using this site for or on behalf of a Third Party agrees to indemnify and hold Trillium harmless from and against any and all liabilities, losses, damages, suits and claims (including the costs of defense), relating to the Third Party's or the user's failure to fulfill any of its obligations as described above. The user is directly responsible for any request submitted including related fees, charges and performance obligations.

Modification of Features

It’s a good idea for you to remember to periodically check this policy as it may be updated, altered or modified by Trillium at it’s discretion at any time.

Website “As Is” and “As Available” Usage

This Website is provided by Trillium for your use on an “as is” and “as available” basis. We may not representations or express or implied warranties of any kind as to the operation of the Website or the information, materials, content, or products included on or linked to this site. Trillium disclaims all express or implied warranties to the fullest extent permissible by applicable law. This disclaimer includes, but is not limited to, implied warranties of merchantability and fitness for a particular purpose. Trillium will not be liable for any damages of any kind arising from the use of this Website, including but not limited to, direct, indirect, incidental, punitive, and consequential damages. We do not make the promise that the Website will be uninterrupted or error-free, nor that it will provide specific results or outcomes from the use of this Website or any content or links contained on it. Furthermore, Trillium cannot guarantee that files you download will be free of viruses or contamination or destructive features. Understand that anything that you choose to download from any Website is downloaded at your own decision and risk and may not be free from viruses.

Applicable Law

This site is created and controlled by Trillium’s Corporate Office located in the State of Michigan, USA. As such, the applicable laws of the State of Michigan will govern these disclaimers, terms and conditions, our privacy policies, and other provisions of this Agreement without giving effect to any principles of conflicts of laws. We reserve the right to make changes to our site and these disclaimers, terms and conditions, our privacy policy, and any other provisions at any time we feel it necessary.

No Waiver or Severability

No action of Trillium or any Trillium representative, other than an express written waiver or amendment as published by our Corporate Office, may be construed as a waiver or amendment of any of Trillium’s Website Terms and Conditions of Use or Privacy Policy. To the extent that any provision or any paragraph of this Agreement is found to be unreasonable in any respect, a court of competent jurisdiction may limit the provision in such a way as to render it reasonable in light of the circumstances in which it was made, and specifically enforce the Agreement as so limited. If any provision of this Agreement is found by a court of competent jurisdiction to be unenforceable, the remainder of this Agreement will remain enforceable. We reserve the right to change our Trillium Website Terms and Conditions of Use, our Privacy Policy, our information and available contractual license terms featured on this website without notice. These conditions set out the entire agreement between Trillium and you relating to your use of this website.

Trillium’s Mobile Terms of Service and Use

Effective Date: October 1, 2012

Please read these Terms of Service and Use very carefully.

I. Trillium’s Mobile Service

Trillium Staffing Solutions and its affiliates, agents, service providers, business partners, successors, and/or assigns, (“we”, “our”, “us”, “Trillium” or “Company”) offers job seekers the ability to receive job alerts and other employment-related information by text message or other electronic means, but only upon the following terms of service.

Through our text messaging (SMS) services (“SMS Service”) we provide the ability to receive personalized text messages from Trillium regarding potential job assignments with our customers and the ability for you to send messages to us regarding potential job assignments. Our SMS Service may additionally include such communications as providing job matching services, creating and disseminating career and/or safety advice, alerting you of industry-specific articles, links, or information, letting you know of jobsite or shift closures, and/or providing recommendations to local educational, training, and volunteer opportunities, or other such similar communications.

II. Acceptance of Trillium’s Mobile Terms of Service and Use

This is a legal and binding agreement (“Agreement”) between you and Trillium, which governs various aspects of your relationship with us, including but not limited to, how we may contact you using the cellular and other phone numbers you provide to us. By agreeing to these Mobile Terms of Service and Use, you agree that Company may provide online SMS Services to you and this Agreement will remain in full force and effect for as long as you are a user of the Service. Any provision of this Agreement, which authorizes Company to act, limits Company’s liability, disclaims warranties, limits remedies, or otherwise limits legal actions initiated by users applies with equal force to Company and its affiliates. Read this Agreement carefully before registering for the SMS Service.

We reserve the right to terminate your use of the SMS Service at any time, for any reason. In addition, we shall have the right to terminate any portion of the SMS Service if we determine, in our sole discretion, that your use of the SMS Service is unlawful and/or prohibited by these Trillium’s Mobile Terms of Service and Use. As discussed in our Privacy Policy, we have the right to inform law enforcement of any illegal activity or material we suspect or discover on, through, or otherwise relating to the SMS Service and provide law enforcement officials with all requested information about the user account from which the illegal activity or material originated.

You may cancel the SMS Service at any time, for any reason, by sending Trillium a written notice of cancellation via:

We will process your cancellation as soon as practicable. Upon your cancellation of the SMS Service, all service-related e-mails and text messages from Trillium to you shall cease; provided, however, that we may send you e-mails or text messages to confirm your cancellation or to give you an opportunity to re-join the Service. It is our practice to terminate your access to the SMS Service within ten business days of us receiving your notice of cancellation, however, your access to the SMS Service may cease in fewer than ten days.

III. Eligibility

You must be 18 years of age or over to become a User of this Service. By using the SMS Service or entering into this Agreement, you certify that you are 18 years of age or older. If we discover or have any reason to suspect that you are not 18 years of age or over or that you have knowingly provided false information to us, we reserve the right to suspend or terminate your use of the SMS Service immediately and without notice.

By registering for the SMS Service and using the Website or by entering into this Agreement, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the Terms of Service and Use and our Privacy Policies contained herein.

IV. Privacy Policy

Please read the Privacy Policy carefully to understand how Trillium collects, uses, and discloses personally identifiable information from its users.

V. Restrictions on the Use of Trillium’s Services or Website

It’s up to you to use good judgment when accessing any Website or SMS Service at all times. You must understand that you may never use Trillium’s Website or Services to do any of the following:

This is not to be considered an all inclusive list of prohibited activities and individual state or local laws may also have additional restrictions on your usage of Websites and Services.

If you are an employee of Trillium, you are also subject to our internal policies regarding acceptable computer and internet usage that you must abide by. By accessing our Website or Services, you agree and understand that you are responsible for any legal liability or financial penalty or legal fees resulting from any intentional or unintentional misuse of Trillium’s Website or Services. Trillium will not assume the liability for your actions and your access to our Website and Services will be immediately terminated. In addition, per our Privacy Policy, we will disclose information to law enforcement of any illegal activity or material we suspect or discover on, through, or otherwise relating to the Service and provide law enforcement officials with all requested information about the user account from which the illegal activity or material originated.

VI. Account Security

You are solely responsible for maintaining the confidentiality of your phone number, username, password and other access information or codes for the Service, if any, and you are fully responsible for all activities that occur under your username, password and other access information or codes, even where your username, password and other access information or codes are used by someone else.

You agree to: (a) notify us without delay of any unauthorized disclosure or use of your username, password and other access information or codes or any other breach of security of which you become aware, and (b) if you are using the Website, ensure that you are sufficiently disconnected and logged off from your account at the end of each session. Particular caution should be exercised when accessing your account from a public or shared computer.

VII. User Information

It is each user’s responsibility to keep his or her information accurate, up to date and current at all times. If your information is not accurate, up to date or current, we may not be able to process your requests effectively and your access to the Service may be interrupted. To update your personal information (e.g., your e-mail address, cellular telephone number, postal address) or your profile information, you may (a) log into your account on the Website and follow the instructions, (b) send your request via e-mail to your local Trillium branch office representative, or (c) send your request in writing via postal mail to Trillium, Attn: IT Manager, 5555 Gull Road, Kalamazoo, MI 49048. By providing your cellular phone number through any of these means, you consent expressly and in writing to have Trillium and its affiliates, contact you at that phone number through voice and text message, knowing that you are solely responsible for cellular service charges as described in Section V above.

Trillium does not control, take responsibility for or assume liability for the user information or content provided, stored, or uploaded by you or any third party, or for any loss or damage thereto including any user conduct or mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, or uses forbidden by these Mobile Terms of Service or Use.

VIII. License to User Information

You represent and warrant that your user information provided through the Service or the Website or otherwise is not subject to any confidentiality obligations and that you own and control all of the rights to the user information. By submitting or posting any user information on the Website or through the Service, you grant Company a worldwide, perpetual, irrevocable, non-exclusive, fully-paid up and royalty-free license to use the information subject to the Terms of Service and the Privacy Policy. By providing your user information, you hereby release Trillium from any claims that such use, as set forth above and in these Terms of Service and Privacy Policy, violates any of your rights and you understand that you will not be entitled to any compensation for use of your user content.

IX. Use of Automated Dialing Technology

You acknowledge and agree that the SMS Service you seek to obtain from Trillium may be provided in some cases through automatic telephone dialing technology, an artificial voice, and/or pre-recorded voice. Trillium may limit its use of automatic telephone dialing technology or artificial or pre-recorded voice in order to comply with laws and regulations that restrict the use of such technologies. You consent expressly and in writing to have the SMS Service delivered through these means by providing your phone number in your account profile. By providing us your phone number and not opting-out as described, you express your willingness to receive the SMS Service through automatic dialing technology, artificial and/or pre-recorded voice. By providing this information, you further agree to receive notifications from Trillium, its representatives, employees, agents, successors, assigns and affiliates through any means authorized under this Agreement, including phone calls and text messages that use automatic telephone dialing technology, artificial voice and/or pre-recorded voice.

X. No Responsibility for Third Party Organization Actions

Trillium cannot and does not assume responsibility for the accuracy, completeness, safety, reliability, timeliness, innocuousness or legality of communications between users and third party organizations. You understand that you may be exposed to content that you find offensive and that you use the Website and SMS Service at your own risk.

XI. Third Party Web Sites, Service, and Content

The Website and the Service may contain links to third party sites (including, without limitation, third party payment sites) that are not under the control of Trillium and we are not responsible for, nor do we guarantee the accuracy or integrity of the content(s) of any linked site or any link contained in a linked site, or any changes or updates to such sites. The inclusion of any link does not imply that Trillium endorses or accepts any responsibility for the content on any third party site. Your correspondence or business dealings with, or participation in promotions of, any third party website found through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Trillium is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of links to such third party websites on the Website or through the Service.

In addition, links to advertising that have not been approved by Trillium may be embedded in third party content displayed on the Website. We are not responsible for any content, cookies, or other technology used in connection with such advertising.

Understand that it is your responsibility to read and become privacy policies and terms of service or use that may appear on any other sites you might access from links on Trillium’s Website. Trillium’s Website Terms of Service and Use and Privacy Policies apply solely to our Website and Services, not to any others.

XII. Interstate and International Use

Any information, including personal information, that Trillium collects in providing the Service may be controlled, stored and processed in, and transferred among, any of our facilities and may be transferred to and through any country, including the Republic of Mexico and countries outside the European Economic Area which may or may not not have privacy (data protection) legislation and regulations comparable to the laws of the country in which you reside. Any information, including personal information, that Trillium collects in providing the Service may be controlled, stored and processed by, and transferred among, such contractors or vendors we engage to assist us in providing our services. The location of our facilities and of such contractors or customers may change from time to time, and we may acquire new facilities and contractors or customers. You expressly consent to all such control, storage, processing and transfers.

XII. Service Access

While we will use all reasonable endeavors to ensure that the Website and/or the Service is accessible at all times, we do not guarantee that it will be available uninterrupted or error free. Access to the Website and/or the Service may be suspended temporarily and without notice in the case of system failure, maintenance, repair, or for other reasons, including but not limited to, circumstances beyond our control.

XIV. Disclaimer of Warranty

Trillium provides the Website and the Service with all faults “as is” and “as available”. We make no representations or warranties of any kind, express or implied, with respect to the Service, the Website or any Website content provided by Trillium. To the fullest extent permitted by law, Trillium hereby disclaims all representations, assurances, and warranties including, without limitation, implied warranties of merchantability and fitness for a particular purpose; warranties of title and non-infringement; warranties of data security and personal safety; warranties that the Service will be uninterrupted and error-free; warranties that any Website content provided by Company will be accurate, up to date, and error-free; warranties against interference with enjoyment; warranties that the Service will be suitable for any user or will achieve any results for any user; and warranties that you will be compatible for employment with any third party organization referred by us or that we will successfully match any third party organization with you) with respect to the Service, the Website, and all Website content provided by Trillium. All liability of Company and howsoever arising based upon claims that Trillium has made any representations, assurances, or warranties with respect to the Service, the Website or any Website content provided by Trillium, is expressly excluded to the fullest extent permitted by law. If you are a California resident, you waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” If any state or other jurisdiction does not allow the exclusion of warranties, then Trillium’s warranties shall be limited in those jurisdictions but remain in effect to the fullest extent permitted by law. All warranties, conditions and other terms implied by statute, common law or otherwise are hereby excluded from this Agreement to the fullest extent permitted by law.

XV. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, RESULTING FROM LOSS OF DATA, PROPERTY, INCOME OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OTHER TORTIOUS ACTION, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICE, THE WEBSITE, OR INFORMATION AVAILABLE FROM THE SERVICE OR THE WEBSITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

COMPANY WILL ONLY BE LIABLE TO YOU FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND ONLY TO THE EXTENT OF ACTUAL DIRECT DAMAGES ARISING IN CONNECTION WITH THE SERVICE, NOT TO EXCEED THE GREATER OF TEN US DOLLARS ($10.00) OR THE AMOUNT YOU PAID FOR OR, IN CONNECTION WITH, THE SERVICE DURING THE PRECEDING THREE MONTHS.

Except as expressly provided otherwise, you assume all risks concerning the suitability, accuracy, effort, satisfactory quality and performance of the Service. Trillium assumes no responsibility for and disclaims all liability for any inaccuracies, errors or omissions of the Service or the Website. You agree that you will obtain, including through download, any content entirely at your own risk, and you will be solely responsible for any resulting infringement, breach of contract, consequence or damage, including, without limitation, to your computer system or loss of data.

XVI. Indemnity

You agree to indemnify, defend, and hold Trillium and its affiliates, directors, officers, employees, agents, co-branders, sponsors, parents, subsidiaries, and partners, from any claim or demand made by any third party harmless due to or arising out of your use of the Service or Website, your connection to the Service or Website, your violation of these Terms of Service and Use or the Privacy Policy, or your violation of any rights of other users of the Service or the Website. Any such indemnification shall include the payment of reasonable attorneys’ fees incurred in the defense of such claim.

XVII. Ability to Change or Terminate Service

Company may terminate, modify, or make changes to all or any portion of the Service, product offerings, and any other information and materials available on or through the Service and may delete any content that has been submitted to the Service at any time and without notice or liability.

XVIII. Modification of Terms of Service

Trillium reserves the right, at its sole discretion, to change, modify, update, add or remove portions of these Terms of Service and Use at any time and in its sole discretion. The new or modified terms will take effect immediately upon posting to the Website, and you waive any right to receive specific notice of any changes or modifications. You should review these Terms of Service and Use and the Privacy Policy every time you visit the Website or specifically provide information through the Service. Your continued use of the Service after the posting of any changes to these Terms of Service and Use or after we send a notice of any changes to you by postal mail, e-mail, phone call, or text message means that you have accepted those changes. If you do not agree to the amended terms, you should stop using the Service.

XIX. Notices

Trillium may be required by local, state or federal law to notify you of certain events. In addition, we may need to notify you from time to time regarding changes to these Terms of Service and Use, the Privacy Policy or the Service. You agree that such notices will be effective upon Trillium posting them on the Website, sending them to you through text message, e-mail, or postal mail or notifying you of changes and updates via text message or other means. Company will not be held liable if reasonable efforts to notify you fail, including if you do not provide us with accurate and current information to contact you.

You consent to receiving any notices regarding the Terms of Service and Use, the Privacy Policy, the Service or any notice required by law, including notice of any breach of security involving your personally identifiable information, by posting on the Website, through e-mail, postal mail, phone call or through text message, as we deem appropriate and as required by law.

You consent to receive notices at the e-mail address, postal address, street address or cellular telephone number you have designated in your account, knowing you will bear all applicable data or service charges.

XX. Copyright and Limited License

Trillium and our licensors retain full copyright ownership, rights and protection in all material contained on the Website or the Service (including but not limited to all digital images, software, HTML code and other code, or business methods). You are granted a limited license, which may not be transferred to any other user, to access and use the Website or the Service for informational related purposes only. Except as otherwise expressly provided in these Terms of Service and Use, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, rewrite, modify, create derivative works from, download (other than the page caching), transfer or sell any material contained on the Website or Service, or use the Website or the Service other than for their intended purpose without the prior consent of Company or the copyright owner.

XXI. Digital Millennium Copyright Act (“DMCA”) Notice

If you believe any material on this Website constitutes an infringement on a copyright you own or control, you may file a notification of infringement by means of the contact information set forth above.

17 U.S.C. 512(c)(3) sets forth the requirements for proper notification. However, if you knowingly misrepresent that the material or activity is infringing, you will be liable for any and all damages incurred by us as a result of our relying upon such misrepresentation. Also, in accordance with the DMCA, Trilium has also adopted a policy of terminating, in our sole discretion, users who are deemed to be repeat infringers or we may limit access to the Website or the Service and/or immediately terminate the accounts of users who infringe any intellectual property rights of others.

XXII. Corporate Identification and Trademarks

All trademarks, service marks and trade names Trillium, any of our affiliates, and our partners and licensors used herein including without limitation our name, our logo, and the associated designs and logos of Trillium, collectively referred to as “Marks”, are trademarks or registered trademarks. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Trillium’s Marks in any way, including in advertising or publicity pertaining to distribution of materials on this Website, without the prior written consent of Trillium. The use of the Marks on any other website or networked computer environment is not allowed.

XXIII. Entire Agreement

These Terms of Service and Use, the Privacy Policy, and any applicable guidelines or subsequent amendment to the Terms of Service and Use constitute the entire agreement between you and Trillium and govern your use of the Website and Service. These Terms of Service and Use do not alter in any way the terms or conditions of any other agreement you may have with Trillium related to employment. If you sign up or register for additional Company services that use third party content or third party software, you may also be subject to additional terms and conditions that apply to such third party content or third party software.

XXIV. Jurisdiction and Compliance with Laws

By accessing the Service you agree that the statutes and laws of the United States and the State of Michigan, except those laws that direct the application of the laws of another jurisdiction, will apply to all matters relating to your use of the Service, and you further agree that any litigation shall be subject to the exclusive jurisdiction of the state and federal courts in the County of Kalamazoo in the State of Michigan, USA and you consent to the personal jurisdiction of those courts.

XXV. Waiver, Severability, and Statute of Limitations

Failure by Trillium to exercise or enforce any right or provision of these Terms of Service and Use does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of these Terms of Service or Use to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in that provision, and that the other provisions of these Terms of Service remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service, these Terms of Service and Use or the Privacy Policy must be filed within one year after the event giving rise to such claim or cause of action or be forever barred. All headings in these Terms of Service and Use are for convenience only and have no legal or contractual effect.

XXVI. Comments and Questions

We welcome your views about the Website, the Service, this privacy policy, our Term and Conditions of Use, and other necessary legal disclosures. If you would like to contact us with any queries or comments or if you notice inappropriate content on any of our landing pages or social media links, please contact us right away via the following means:

We’ll do our best to handle your concerns right away.

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The quickness of your response to our needs is unparalleled by any other source.
Jim
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