THE TRIANA GROUP, INC. – LEGAL TERMS AND CONDITIONS

Last Updated: May 12, 2025

1. GENERAL PROVISIONS

1.1 Acceptance of Terms

BY ACCESSING OR USING THIS WEBSITE, OR ANY OF THE SERVICES PROVIDED BY THE TRIANA GROUP, INC. (HEREINAFTER “COMPANY,” “WE,” “US,” OR “OUR”), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS (THE “TERMS”), WHETHER OR NOT YOU ARE A REGISTERED USER. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU MUST IMMEDIATELY DISCONTINUE YOUR USE OF THIS WEBSITE AND OUR SERVICES.

Your continued use of the website following the posting of any changes to the Terms constitutes your acceptance of those changes. We reserve the right to modify these Terms at any time without prior notice.

1.2 Definitions

Throughout these Terms, the following definitions apply:

– “Content” means all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials that appear on or are available through the Website.
– “Services” means all services, features, content, applications, and products offered by The Triana Group, Inc.
– “User” or “You” refers to any individual or entity that accesses or uses the Website or Services.
– “Website” refers to thetrianagroupinc.com and all associated domains and subdomains.

1.3 Eligibility

By using our Website and Services, you represent and warrant that: (i) you are at least 18 years of age; (ii) you have the legal capacity to enter into these Terms; and (iii) your use of the Website and Services does not violate any applicable law, regulation, or obligation.

2. WEBSITE USE AND INTELLECTUAL PROPERTY

2.1 License to Use Website

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Website solely for lawful purposes. This license does not include the right to: (a) modify, reproduce, or distribute any Content; (b) use data mining, robots, or similar data gathering methods; (c) use the Website or Content for any commercial purpose; or (d) access the Website to build a competitive product or service.

2.2 Intellectual Property Rights

All Content on the Website, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, trademarks, service marks, trade names, and trade dress, is the exclusive property of The Triana Group, Inc. or its licensors and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

Nothing in these Terms grants you any right, title, or interest in or to any Content on the Website, and all rights not expressly granted herein are reserved by The Triana Group, Inc. and its licensors.

2.3 User Content

You retain ownership of any content you submit to the Website (“User Content”). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Website and our business operations, including for promoting and redistributing part or all of the Website.

You represent and warrant that: (i) you own the User Content or have the right to grant the license set forth above; and (ii) the User Content does not violate the privacy rights, publicity rights, copyright rights, contractual rights, or any other rights of any person or entity.

2.4 Third-Party Websites and Content

The Website may contain links to third-party websites and content. These links are provided solely for your convenience and do not imply endorsement, sponsorship, or recommendation by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

3. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

3.1 Disclaimer of Warranties

THE WEBSITE, SERVICES, AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, DATA ACCURACY, SYSTEM INTEGRATION, OR QUIET ENJOYMENT. WE DO NOT WARRANT THAT THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, OR THAT DEFECTS WILL BE CORRECTED.

NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

3.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE TRIANA GROUP, INC., ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE OR SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE; (III) ANY CONTENT OBTAINED FROM THE WEBSITE; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATED TO THE WEBSITE OR SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT PAID BY YOU TO US FOR THE 12-MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

3.3 Indemnification

You agree to defend, indemnify, and hold harmless The Triana Group, Inc., its directors, officers, employees, agents, partners, suppliers, and affiliates from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to: (i) your violation of these Terms; (ii) your User Content; (iii) your use of the Website or Services; or (iv) your violation of any rights of a third party.

3.4 Class Action Waiver

YOU AND THE TRIANA GROUP, INC. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and The Triana Group, Inc. agree otherwise, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

3.5 Time Limitation on Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

4. BUSINESS OPERATIONS AND REGULATORY DISCLAIMERS

4.1 Business Ethics and Regulatory Disclaimer

The Triana Group, Inc. strives to conduct its business ethically, with integrity, and in compliance with applicable laws and regulations to the extent reasonably practical. Nothing in this section shall be construed as a warranty or guarantee of full compliance under all circumstances.

We are not a venture fund, investment bank, broker-dealer, investment advisor, clearinghouse, or registered with the U.S. Securities and Exchange Commission or any state securities authority. We do not hold funds or securities, negotiate financing terms on behalf of clients, or engage in any activity requiring such licensing. All financial or investment transactions are negotiated directly between the parties involved. Any information we provide is for informational purposes only, intended only for qualified recipients, and not for public distribution.

4.2 Non-Reliance Disclaimer

THE INFORMATION PRESENTED ON OR THROUGH THE WEBSITE IS MADE AVAILABLE SOLELY FOR GENERAL INFORMATION PURPOSES. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE WEBSITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.

4.3 Independent Contractor Relationship

The Triana Group, Inc. acts solely as an independent contractor. Nothing in any agreement creates an employer-employee, agency, partnership, joint venture, or fiduciary relationship. We are solely responsible for our own taxes, employment benefits, insurance, and liabilities. We do not have authority to bind or represent any client except as expressly provided in a written agreement signed by both parties.

5. PRIVACY AND DATA USE

5.1 Privacy Policy

By using the Website or Services, you consent to the collection, use, and sharing of your information as described in our Privacy Policy, which is incorporated by reference into these Terms. Our Privacy Policy explains how we collect, use, and protect the personal information you provide to us.

5.2 Data Collection and Use

We collect personal and professional information you voluntarily provide, including name, contact details, and business affiliation. This data is used to respond to inquiries, provide services, manage relationships, and send updates. Data may be shared with trusted partners and processors under legal basis or legitimate interest. Some data may be transferred outside the EU/EEA with reasonable safeguards. We do not sell your data for third-party marketing.

5.3 Data Subject Rights

To exercise your rights of access, rectification, objection, or deletion under applicable data protection laws, contact us at [privacy@thetrianagroupinc.com]. We make reasonable efforts to respond but do not guarantee fulfillment of all requests under all jurisdictions.

6. CLIENT RELATIONSHIPS

6.1 Intellectual Property in Client Relationships

All materials specifically produced for a client under a written agreement and explicitly labeled as “work made for hire” shall be the exclusive property of the client.

All other intellectual property—developed prior to or outside the scope of the client engagement—remains the exclusive property of The Triana Group, Inc. Clients are granted only a non-transferable, non-exclusive license for internal use. Such materials may not be copied, shared, distributed, or repurposed without prior written consent or a paid license. No other rights are granted by implication or estoppel.

6.2 Confidentiality

Both parties agree to make reasonable efforts to keep proprietary or confidential information received during engagements private and secure for a period of seven (7) years following the end of the engagement. The Triana Group, Inc. makes no guarantee that unauthorized access cannot occur. This confidentiality obligation does not apply to information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was known to the receiving party prior to disclosure; (c) is independently developed by the receiving party without use of the confidential information; or (d) is required to be disclosed by law or legal process.

6.3 Termination of Client Relationships

Either party may terminate an agreement with 30 business days’ written notice. Provisions concerning intellectual property, confidentiality, indemnification, and dispute resolution survive termination. Upon termination, client shall promptly pay all outstanding fees for services rendered prior to termination.

7. ACCESSIBILITY

The Triana Group, Inc. is committed to accessibility and strives to follow best practices. However, we do not guarantee full compliance with any specific accessibility standard and disclaim liability for issues resulting from technical limitations or third-party platforms.

If you encounter accessibility barriers on our website, notify us in writing by certified mail with proof of receipt to our corporate address as provided in the Notices section below. We will review and respond in good faith and take reasonable steps, at our sole discretion, to address valid concerns.

8. DISPUTE RESOLUTION

8.1 Governing Law

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any choice or conflict of law provision or rule.

8.2 Arbitration Agreement

Any dispute, controversy, or claim arising out of or relating to these Terms, including the formation, interpretation, breach, or termination thereof, including whether the claims asserted are arbitrable, shall be referred to and finally determined by arbitration in accordance with the International Chamber of Commerce (ICC) Rules of Arbitration. The place of arbitration shall be New York, New York. The language of the arbitration shall be English. The number of arbitrators shall be three.

The arbitrators will have no authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. The arbitrator shall not award consequential damages in any arbitration initiated under this section. The arbitration award shall be final and binding on the parties and may be entered and enforced in any court having jurisdiction.

8.3 Waiver of Jury Trial

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE TRIANA GROUP, INC. WAIVE ANY RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS.

8.4 Force Majeure

Neither party shall be liable for any failure of or delay in the performance of these Terms for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, strikes or labor disputes, embargoes, government orders, pandemics, epidemics, or any other force majeure event. The party affected by such force majeure event shall notify the other party within a reasonable time frame.

9. ADDITIONAL TERMS

9.1 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the invalid, illegal, or unenforceable provision shall be replaced by a valid, legal, and enforceable provision that comes closest to the intention of the original provision, and the remaining provisions shall remain in full force and effect.

9.2 No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of The Triana Group, Inc.

9.3 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. We may assign or transfer these Terms, at our sole discretion, without restriction.

9.4 Entire Agreement

These Terms, including the Privacy Policy and any other agreements incorporated by reference, constitute the entire agreement between you and The Triana Group, Inc. concerning the Website and Services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and The Triana Group, Inc. with respect to the Website and Services.

9.5 Notices

All notices, requests, demands, and other communications under these Terms shall be in writing and delivered by certified mail with return receipt requested to: https://trianagroup.com/contact-the-triana-group

10. CONTACT INFORMATION

If you have any questions about these Terms, please contact us at: https://trianagroup.com/contact-the-triana-group