TO AGREE TO THIS ACKNOWLEDGEMENT, CLICK “AGREE” BELOW. IF YOU DO NOT AGREE TO THIS ACKNOWLEDGEMENT, DO NOT CLICK “AGREE,” AND DO NOT USE THE MTECH PLATFORM.
The information contained in the MTech Platform (which includes the MTech App and the MTech Website), owned by Trinity Bridge Training, LLC (“Trinity Bridge Training”), is for general informational purposes only and includes content provided by third parties. Trinity Bridge Training does not warrant the accuracy, completeness or usefulness of this information. THE USE OF THE MTECH PLATFORM, AND ANY RELIANCE YOU PLACE ON THE INFORMATION, IS STRICTLY AT YOUR SOLE RISK. YOU AGREE TO CONDUCT YOUR OWN INDEPENDENT RESEARCH, EVALUATION, ANALYSIS AND CONCLUSIONS WITH REGARD TO ANY MATTER YOU CONSIDER IN CONNECTION WITH OR RELATING TO THE MTECH PLATFORM.
The information accessed on the MTech Platform is specifically subject to the terms of iTunes Terms and Conditions, including the Licensed Application End User Agreement contained therein (as the same may be amended from time to time, the “License Agreement”).
Nothing in this User Acknowledgement is meant to replace or supersede the License Agreement, nor is intended to be considered as a “separate end user license agreement” as such phrase is used and referenced in the License Agreement. The User Acknowledgement complements the License Agreement and in the event that a provision of the two conflict in any way, the User Acknowledgement provision governs.
Subject to the foregoing, you expressly acknowledge that USE OF THE MTECH PLATFORM IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MTECH PLATFORM AND ANY SERVICES PERFORMED OR PROVIDED BY THE MTECH PLATFORM ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND Trinity Bridge Training HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE MTECH PLATFORM AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. Trinity Bridge Training DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE MTECH PLATFORM, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE MTECH PLATFORM WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE MTECH PLATFORM OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE MTECH PLATFORM OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Trinity Bridge Training OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE MTECH PLATFORM OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
Trinity Bridge Training’s maximum liability to you arising out of or relating to the use of the MTech Platform, Trinity Bridge Training’s breach of the License Agreement or this User Acknowledgement is limited to your annual single user subscription fee. You agree to defend, indemnify and hold harmless Trinity Bridge Training, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns (collectively, the “Trinity Bridge Training Indemnified Parties”) from and against any third party claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including but not limited to reasonable attorneys' fees) incurred by the Trinity Bridge Training Indemnified Parties arising out of or relating to your use of the MTech Platform and the information provided therein.