| GENERAL
TERMS AND CONDITIONS OF USE OF OUR
PRODUCTS
These
pages state the General Terms And
Conditions ("Terms and
Conditions") under which you
agree to use the novelty
identification cards for sale
through
Trident,
(the "Novelty ID(s)").
Please read this page carefully,
as it constitutes a legally
binding agreement between you and
Trident,
(the "Company"). In
consideration of the Company's
agreement to sell you Novelty ID(s),
you agree to be bound by these
Terms and Conditions, and you
indicate such agreement by placing
your signature at the bottom of
these Terms and Conditions. You
and the Company are each referred
to as a "Party" and
collectively the
"Parties". YOUR ORDER
FOR NOVELTY ID(S) WILL NOT BE
PROCESSED UNLESS AND UNTIL THESE
SIGNED TERMS AND CONDITIONS HAVE
BEEN RETURNED TO THE COMPANY.
1.
Your Representations and
Warranties.
You
hereby represent and warrant that:
a. You are at least eighteen (18)
years of age; b. You understand
and acknowledge that the Novelty
ID(s) are intended to be used
solely for entertainment purposes
and are not intended to be used
as, or represented to be, evidence
of your identity, likeness or age;
and c. You will not use the
Novelty ID(s) (1) for any unlawful
or illegal purpose or in
connection with or in furtherance
of any unlawful or illegal
activity; (2) in violation of any
applicable law or regulation, (3)
in a manner that will, or is
likely to, infringe the copyright,
trademark, trade secret or other
intellectual property rights of
others or violate the right of
privacy, publicity or other
personal rights of others, or (4)
any conduct or activity that is,
in the sole opinion of the
Company, defamatory, indecent,
obscene, offensive, threatening,
abusive, hateful, tortuous or
vocative of the rights of any
other person or entity.
2.
Responsibility for Novelty ID(s).
You
shall be solely responsible for,
and the Company shall have no
liability whatsoever for, any loss
or damage arising from your
purchase, possession or use of any
Novelty ID(s) or the possession or
use by any third party of any
Novelty ID(s) purchased by you,
regardless of whether such
possession or use was authorized
by you. You will defend, indemnify
and hold harmless the Company, its
directors, partners, officers,
employees and agents (collectively
"Indemnities") against
any and all claims, liability,
loss, damage, or harm (including
without limitation reasonable
legal and accounting fees)
suffered by such Indemnities
arising from or in connection with
(I) your purchase, possession or
use of any Novelty ID(s),
including without limitation any
claims, liability, loss, damage,
harm suffered by such Indemnities
arising from or in connection with
the possession or use by any third
party of any Novelty ID(s)
purchased by you, regardless of
whether such possession or use was
authorized by you, or (ii) your
breach of these Terms and
Conditions. You hereby release the
Indemnities from claims, demands
and damages (actual and
consequential, direct and
indirect) of every kind and
nature, known and unknown,
suspected and unsuspected,
disclosed and undisclosed, arising
out of or in any way connected
with your purchase, possession or
use of any Novelty ID(s) or the
possession or use by any third
party of any Novelty ID(s)
purchased by you, regardless of
whether such possession or use was
authorized by you. 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."
3.
No Warranties.
You
acknowledge that the Novelty ID(s)
are provided to you "as
is", "with all
faults" and "as
available". THE COMPANY MAKES
NO WARRANTIES, EXPRESS OR IMPLIED,
CONTRACTUAL OR STATUTORY,
INCLUDING BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, WITH RESPECT
TO THE NOVELTY ID(S) OR ANY ASPECT
THEREOF, AND ALL WARRANTIES WITH
RESPECT THERETO ARE HEREBY
EXPRESSLY DISCLAIMED. The Company
expressly reserves the right to
change any aspect of any Novelty
ID(s) (including without
limitation the physical
appearance, materials or
construction methods) at any time
without notice to you.
4.
Information.
You
acknowledge that the Novelty ID(s)
are made to order based upon the
information you provide to the
Company at the time of your order.
You are solely responsible for
ensuring that all such information
is provided to the Company in a
complete, accurate and legible
form. The Company shall have no
obligation to contact you to
verify the accuracy of any
information provided (including
without limitation verifying the
spelling thereof) or to acquire
missing or omitted information,
and the Company shall have no
liability whatsoever for any
errors, defects or nonconformities
in any Novelty ID(s) which are
attributable, in whole or in part,
to your failure to provide
complete, accurate and legible
information. All physical
materials you submit to the
Company in connection with your
order for a Novelty ID, including
without limitation any photographs
("Physical Materials"),
will become the property of the
Company upon the Company's receipt
thereof. You are solely
responsible for the physical
condition of all Physical
Materials, and the Company shall
have no liability whatsoever for
any errors, defects or
nonconformities in any Novelty
ID(s) arising from damage to or
defects in such Physical
Materials, regardless of whether
such damage or defects arose
before or after the Company's
receipt of the materials.
5.
Refunds.
All
fees received for Novelty ID(s)
ordered by you become
nonrefundable once the Company has
commenced production of such
Novelty ID(s); provided, however,
that the Company will refund fees
in connection with defective or
nonconforming Novelty ID(s) if:
(I) the Company receives notice in
writing via electronic mail by no
later than the end of the next
business day after you receive the
allegedly defective or
nonconforming Novelty ID(s), which
notice shall state with
particularity the nature of the
claimed defect or nonconformity;
(ii) you return the allegedly
defective or nonconforming Novelty
ID(s) to the Company at your
expense, and the Company receives
the same no later than the end of
the fifth calendar day after you
receive such Novelty ID(s); and
(iii) the
Company reasonably determines that
such claimed defect or
nonconformity exists and is
attributable solely to acts or
omission of the Company which the
Company has retained
responsibility for hereunder.
7.
Alteration.
You
acknowledge that the following
disclaimers of authenticity are
affixed to each Novelty ID: Not a
Government issued document. The
Company shall have no liability
with respect to any Novelty ID,
which has been altered in any way,
including without limitation
removal, deletion, and defacement
or obscuring of the aforementioned
disclaimers. You will defend,
indemnify and hold harmless the
Indemnities against any and all
claims, liability, loss, damage,
or harm (including without
limitation reasonable legal and
accounting fees) suffered by such
Indemnities arising from or in
connection with alteration of any
Novelty ID(s) purchased by you,
including without limitation any
claims, liability, loss, damage,
harm suffered by such Indemnities
arising from or in connection with
the alteration by any third party
of any Novelty ID(s) purchased by
you, regardless of whether such
alteration was authorized by you.
8.
Limitation on Liability.
Any
other provision of this Agreement
to the contrary notwithstanding,
the liability of the Company for
any losses or damage, whether
direct or indirect, arising out of
these Terms and Conditions or your
purchase, possession or use of any
Novelty ID from any cause
whatsoever or in connection with
the possession or use by any third
party of any Novelty ID(s)
purchased by you, regardless of
whether such possession or use was
authorized by you, including
without limitation any cause of
action sounding in contract, tort
or strict liability, shall be
limited to actual, direct damages
incurred but in no event shall
exceed the fees paid by you to the
Company for the Novelty ID in
connection with which such
liability arose. The Company shall
not be liable for lost profits or
other consequential damages, cover
damages, or for any claims against
you by any third party, even if
the Company was advised of the
possibility of same. Under no
circumstances shall the Company be
liable hereunder for special
damages, general damages,
incidental damages, indirect
damages, or exemplary or punitive
damages. No action arising out of
this Agreement, regardless of
form, may be brought by you
against the Company more than one
(1) year after the cause of action
arose. This Section 8 shall
survive expiration or termination
of these Terms and Conditions for
any reason whatsoever. We
are currently in the the process
of adding several new cards and
updating the designs of ids we
currently produce. The
samples displayed are for
informational purpose only and may
not reflect the design being used
for each state. Graphics on our
web site are representational
meaning they are not necessarily a
picture of the item you will
receive. These samples are just to
show the the types of ids our
equipment is capable of producing. Our
ids are not issued by any
government agency, they are not
made to be used as such. We will
only create ids to be used for
completely lawful purposes. Our
documents are for novelty
use only.
9.
General.
A.
Headings.
Headings
used in these Terms and Conditions
are for reference purposes only
and shall not be deemed a part of
these Terms and Conditions.
B.
Sever ability.
Any
provision or portion of these
Terms and Conditions held or
determined by a court (or other
legal authority) of competent
jurisdiction to be illegal,
invalid, or unenforceable in any
jurisdiction shall be deemed
separate, distinct and
independent, and shall be
ineffective to the extent of such
holding or determination without
(I) invalidating the remaining
provisions of these Terms and
Conditions in that jurisdiction,
or (ii) affecting the legality,
validity or enforceability of such
provision in any other
jurisdiction.
C.
Governing Law.
These
Terms and Conditions and the
Parties' respective performances
hereunder, shall be construed and
regulated in accordance with the
laws of Malaysia.
The courts of Malaysia shall have
exclusive jurisdiction over any
dispute or claim arising under or
by virtue of these Terms and
Conditions and you hereby consent
to the personal jurisdiction of
such courts.
D.
Force Majeure.
Any
delay or nonperformance of any
provision of these Terms and
Conditions (other than for
nonpayment of amounts due
hereunder) caused by conditions
beyond the reasonable control of
the performing Party shall not
constitute a breach of these Terms
and Conditions, and the time for
performance of such provision
shall be deemed to be extended for
a period equal to the duration of
the conditions preventing
performance.
E.
Assignment.
You
may not assign any portion of
these Terms and Conditions,
voluntarily or involuntarily,
including without limitation by
operation of law or by merger,
except with the express consent of
the Company, with such consent not
to be unreasonably withheld. Any
attempt to do so shall be null and
void. No person or entity not a
party hereto except for
Indemnities other than the Company
shall have any interest herein or
be deemed a third party
beneficiary hereof, and nothing
contained herein shall be
construed to create any rights
enforceable by any other person or
third party except Indemnities
other than the Company.
F.
Entire Agreement.
These
Terms and Conditions, along with
the [Order Form], constitute the
entire agreement and understanding
of the Parties with respect to the
subject matter hereof, and is
intended as the Parties¹ final
expression and complete and
exclusive statement of the terms
thereof, superseding all prior or
contemporaneous agreements,
representations, promises and
understandings, whether written or
oral.
G.
Binding Agreement.
These
Terms and Conditions shall be
binding upon and inure to the
benefit of the Parties and their
respective legatees, distributees,
legal representatives, successors
and permitted assigns.
H.
Arbitration.
Any
controversy or claim arising out
of or related to these Terms and
Conditions or the breach thereof
shall be settled by binding
arbitration in Malaysia,
and judgment on the award rendered
by the arbitrator's may be entered
in any court having jurisdiction
thereof.
ORDER
NOW
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