Terms of Service

Welcome to the TriNet Marketplace site (the "Site" or the "Service"). These Terms of Service, together with TriNet USA, Inc. Privacy Privacy Policy found at https://www.trinet.com/privacy-policy (collectively the "Terms") govern your, your company’s, and your company’s employees’ and users’ (collectively, “You” or “Your”) use of this Site and all of the accompanying features and functionality accompanying TriNet Marketplace. 


You agree that Your access to, or use of, the Site in any way is acceptance of these Terms. If You do not agree to these terms and conditions, You must not use the Site. TriNet reserves the right, in its sole discretion, to change, modify, or otherwise alter these Terms at any time effective upon posting of the modified Terms on the Site. Please review the Terms periodically. Your continued use of the Site or any materials or services accessible through it, after such posting or notification, means You accept the modifications. Notwithstanding anything else herein, the use or viewing by You of any information, content, or services through the Site may be subject to Your acceptance of separate agreements with TriNet, its affiliates, or third parties, and these Terms do not replace or amend any such separate agreement.


License and Site Access. Unless explicitly agreed otherwise in writing by TriNet, this Site may only be used for product offers by the incorporated entity that is a current customer of a TriNet affiliate. If TriNet grants You a limited license to access and make personal use of the Site, in its sole discretion and which may be revoked at any time for any reason, then such license does not include, and You agree not to: (a) resell or make any commercial use of the Site or its contents; (b) create any derivative use of this Site or its contents; (c) use any form of data mining, robots or similar data gathering and extraction tools or processes; or (d) store in any form, distribute, transmit, display, reproduce, modify, create derivative works from, sell or otherwise exploit any of the content on this site for any commercial purpose. By using the Site, You represent and warrant to TriNet that You will not use the Site, or any of the content obtained from the Site, for any purpose that is unlawful or prohibited by these Terms. TriNet does not grant any other license or other authorization, including to any of its trademarks, registered trademarks, service marks, materials, confidential information, or other copyrightable material or other intellectual property, whether accessible through the Site or otherwise. If You violate any of these Terms, Your permission to use the Site automatically terminates.


In consideration of Your use of the Site, You agree to: (a) provide true, accurate, current and complete information about Yourself as prompted by a registration form, if applicable, and (b) to maintain and update this information to keep it true, accurate, current and complete. If any information provided by You is untrue, inaccurate, not current or incomplete, TriNet has the right to terminate Your account and refuse any and all current or future use of the Site. You agree not to resell or transfer the Site or use of or access to the Site.


Electronic Communications. When you visit the Site or send e-mails to TriNet, You are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with You by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to You electronically satisfy any legal requirement that such communication be in writing. You are responsible for providing, at Your expense, any access to the Internet and any required equipment.


Conduct. You agree that You will not do any of the following: (a) Restrict or inhibit any other user from using and enjoying the Site; (b) Post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information or content of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export control laws and regulations; (c) Post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by TriNet) or engage in spamming or flooding; (d) Post or transmit any malicious code or operation, including any virus, trojan horse, worm or other harmful component; (e) Post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); or (f) Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Site which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder


Monitoring & Disclosure. TriNet has no obligation to, and may or may not, monitor the Site, any product offered therewith, or any third party or user accessing or associated with the Site. However, You acknowledge and agree that TriNet has the right to monitor the Site electronically at any time and, subject to the Privacy Policy referenced above, to disclose any information to any third party as necessary or appropriate to satisfy any law, regulation, legal or contractual obligation, or other governmental request, to operate the Service properly, to protect itself or its subscribers, or as otherwise may be necessary in TriNet’s sole discretion. TriNet reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms.


Feedback. TriNet may provide You with a mechanism for You to provide feedback, suggestions, improvements, criticisms, alterations, and/or ideas about the Site, the TriNet platform, or TriNet’s various services (collectively, "Feedback"). You agree that any such Feedback shall be the sole and exclusive intellectual property of TriNet and that TriNet may, in its sole discretion, use the Feedback You provide to TriNet in any way, including in future modifications of the Site, multimedia works and/or advertising and promotional materials relating thereto. You further hereby grant TriNet a perpetual, worldwide, fully transferable, irrevocable, royalty free license to use, reproduce, modify, create derivative works from, distribute and display the Feedback in any manner and for any purpose.


Third Party Services. In connection with Your use of the Site, You may be made aware of services, products, offers and promotions provided by third parties. If You decide to use third party services, You are solely responsible for reviewing and understanding the terms and conditions governing any third party services. You agree that the third party, and not TriNet, is solely responsible for the performance of any third party services. TriNet does not review, approve, monitor, endorse, warrant, or make any representations with respect to any third party services, and the inclusion of any third party service in the Site is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by TriNet of any third party service.


Third Party Web Sites. The Site may contain or reference links to Web sites operated by a third party. These links are provided as a convenience only. Such third party websites are not under the control of TriNet. TriNet is not responsible for the content of any third party website or any link contained in a third party website. TriNet does not review, approve, monitor, endorse, warrant, or make any representations with respect to third party websites, and the inclusion of any link in the Service is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by TriNet of any information contained in any third party websites. In no event will TriNet be responsible for the information contained in such third party websites or for Your use of or inability to use such website. Access to any third party websites is at Your own risk, and You acknowledges and understands that linked third party websites may contain terms and privacy policies that are different from those of TriNet. TriNet is not responsible for such provisions, and expressly disclaims any liability for them.


Disclaimer of Warranties. Your use of the Site, including any product, content, information, functionality, service, applets, electronic data, software, third party content, product or interaction, and any content contained herein or therein, in any manner is entirely at Your own risk. THE SITE, ALL SERVICES AND PRODUCTS, AND ALL INTERACTION HEREIN OR ARISING OUT OF THE SITE IS SOLELY PROVIDED "AS IS," AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRINET, ITS AFFILIATES, LICENSORS, THIRD-PARTY CONTENT OR SERVICE PROVIDERS, DISTRIBUTORS, DEALERS AND SUPPLIERS (COLLECTIVELY "SUPPLIERS") HEREBY DISCLAIM ALL GUARANTEES, PROMISES, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SITE AND RELATED MATERIALS, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, AND NON-INFRINGEMENT. TRINET DOES NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR QUALITY OF ANY CONTENT, SERVICE OR FUNCTIONALITY ON OR THROUGH THE SITE, REGARDLESS OF WHO ORIGINATES THAT CONTENT. YOU ACKNOWLEDGE AND ACREE THAT THE SITE AND ALL FUNCTIONALITY MAY BE DISCONTINUED AT ANY TIME. TRINET DOES NOT WARRANT THAT THE SITE IS SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION OR THAT THE SITE WILL MEET YOUR REQUIREMENTS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU BEAR ALL RISKS ASSOCIATED WITH USING OR RELYING ON THE SITE AND ALL PRODUCTS, SERVICES, FUNCTIONALITY, OR CONTENT. TRINET IS NOT LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY CONTENT POSTED ON OR LINKED FROM THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN CONTENT, OR FOR ANY LOSSES OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY CONTENT.


Limitation of Liability. THE ENTIRE CUMULATIVE LIABILITY OF TRINET FOR ALL MATTERS ARISING FROM OR RELATING TO THESE TERMS SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE RELATED SERVICES OR CONTENT PURCHASED DIRECTLY FROM TRINET THROUGH THE SITE.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRINET SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOSS OR PROFITS OR REVENUE, OR FOR DAMAGES RELATING TO TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE,OR THE LIKE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STATUTE, OR OTHERWISE, EVEN IF TRINET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TRINET AND YOU. TRINET WOULD NOT BE ABLE TO HAVE PROVIDED THE SERVICE WITHOUT SUCH LIMITATIONS.


Banking, Billing or Other Online Services. Access to online banking, online payment, and any other services available through the Internet and selected third party products is provided by Your financial institution and not TriNet. You agree to indemnify, defend, and hold harmless TriNet from and against any loss or damage of any sort incurred as a result of any such dealings with any services provided by Your financial institution. Your access may be limited from time to time, depending on the service provided by Your Internet service provider or Your financial institution. You may be billed for these online services by Your financial institution, not TriNet, and such financial institution may have its own service agreement which will govern the online services it provides. You agree to be responsible for all telephone charges associated with Your Internet and online service usage.


Termination and Amendment. Your privilege to use or access the Site may be terminated by TriNet immediately and without notice if You fail to comply with any term or condition of the Terms. Upon such termination, You must immediately cease accessing or using the Site and agree not to re-register or otherwise make use of the Site. Furthermore, You acknowledge that TriNet reserves the right to take action -- technical, electronic, legal or otherwise -- to block, nullify or deny Your ability to access the Site. You understand that TriNet may exercise this right in its sole discretion.


TriNet reserves the right, in its sole discretion, at any time and from time to time to change, modify or discontinue, temporarily or permanently, the Site (or any part thereof). TriNet shall not be liable to You or other third party for any such modification, suspension or discontinuance except as expressly provided herein.


You agree to defend, indemnify and hold TriNet and its affiliates harmless from any and all claims, liabilities, costs, damages and expenses, including reasonable attorneys' fees, arising in any way from Your use of the Service or the placement or transmission of any message, information, software or other materials through the Service by You or users of Your account, or in any way related to any violation of these Terms by You or users of Your account.


Miscellaneous. These Terms of Service are a complete statement of the agreement between You and TriNet regarding TriNet Marketplace the Site, and set forth the entire liability of TriNet and Your exclusive remedy with respect to Your access and use of the Site. Subject to the foregoing, in the event of a conflict or inconsistency between these Terms and any other agreement, these Terms shall prevail and control in all respects. The suppliers, agents and employees of TriNet are not authorized to make modifications to the Terms, or to make any additional representations, commitments or warranties binding on TriNet. Any waiver of the terms herein by TriNet must be in a writing signed by an authorized officer of TriNet and expressly referencing the applicable provisions of the Terms. If any provision of the Terms is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. 


Governing Law, Dispute Resolution, Class Action Waiver.  The Terms will be governed by New York law, without regard to its choice of law or conflicts of law principles that would require application of law of a different jurisdiction. The parties hereby consent to the exclusive jurisdiction and venue in Alameda County, California. The Terms do not limit any rights that TriNet may have under trade secret, copyright, patent or other laws. Except for claims resolved by voluntary mediation between the parties and except for claims for injunctive relief, the parties agree that any claim, dispute or controversy (“Dispute”) arising out of the Service, which would otherwise require or allow resort to any court or other governmental dispute resolution forum, shall be submitted to binding arbitration conducted in Alameda County, California. The arbitration shall be conducted in accordance with the rules and processes of either the American Arbitration Association or Judicial Arbitration and Mediation Services, Inc. The parties hereby knowingly, voluntarily, and irrevocably waive the right to trial by jury and , and agree that if the foregoing binding arbitration provision is determined for any reason to be unenforceable or inapplicable to a particular Dispute, then such Dispute shall be decided solely by a judge, without the use of a jury, sitting in a court of competent jurisdiction in Alameda County, California.  Any arbitration or other action under these Terms or in connection with Marketplace or the Site will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both You and TriNet agree otherwise, no court or arbitrator may consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.