Terms of Service

LAST UPDATED DECEMBER 7, 2020
1. Terms of Service

By accessing Triad's (“Triad” or “we/us/our”) website at http://www.hellotriad.com (and/or any subdomains thereof), by registering as a member, or using any of the related products, features, and services (the “Services”), whether as a registered member or an unregistered visitor, you acknowledge that you have read and you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws in your use of the Services. If you do not agree with any of these terms, you are prohibited from using the Services or otherwise accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF SERVICE, YOU AGREE TO RESOLVE ALL DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AS FURTHER DESCRIBED IN SECTION 9 – GOVERNING LAW; DISPUTE RESOLUTION.

2. The Services

By using the Services, you also consent to the collection, use, and sharing of information about you pursuant to our Privacy Policy, the terms of which are incorporated into these terms of service by reference, and are governed by these terms of service. By accessing the Services, you acknowledge and agree that you are at least 18 and you have the requisite power and authority to enter into a binding agreement, including these terms of service; if not, you are prohibited from using the Services.Ownership and Proprietary Rights

The Services, including our website(s), and its/their content, features, and functionality, including, but not limited to, all data, information, images, and video, and the unique characteristics thereof, are owned by Triad, its licensors, and are protected by all applicable copyright, trademark, other intellectual property laws and regulations. Our names, logos and the Services names are the exclusive property of Triad, and you may not use or display such marks in any manner without our prior written consent. Any third party trademarks or service marks displayed on the Services are the property of their respective owners. Your use of the Services does not transfer any ownership rights to you and grants you no right to reproduce, license or otherwise use any such content, material, data, trademarks, logos or other proprietary marks.

License to Use the Services
Subject to these terms of service, we grant you a limited, revocable, non-exclusive, non-assignable, non-sublicensable license to access the Services for your personal, non-commercial use. We reserve all rights not expressly granted in these terms of service, including, without limitation, title, ownership, intellectual property rights in the Services, and this license to use of the Services does not impair those rights in any way. You are not granted a right to re-use or re-publish any content made available through the Services including, but not limited to, User Content submitted by other users. There are no exceptions to this provision or these terms of service without Triad’s express written consent.

Your Account
If you choose to register for an account in the Services, you are required to provide a valid email address and strong password. You agree not to permit others to use your login credentials to access your account. You are responsible for all activities that occur in connection with your account.

You may terminate your account at any time by contacting Triad at the email included above. We may terminate or suspend your right to access the Services without notice if we determine in our sole discretion that you pose a risk to the safety of Triad or other users or are otherwise breaching these terms of service. We will not be liable whatsoever for suspension or termination of your access to or use of the Services.

Prohibited Activities
You are expressly prohibited from the following activities in your use of the Services and you agree not to:

  1. modify or copy the materials;
  2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  3. attempt to decompile or reverse engineer any software contained in the Services;
  4. attempt to obtain unauthorized access to or interfere with the Services, any system, software or network, including through reverse engineering, decompiling, deriving source code or uploading malicious code or code snippets;
  5. remove any copyright or other proprietary notations from the materials;
  6. transfer the materials to another person or "mirror" the materials on any other server;
  7. infringe or use any of our brands, logos trademarks or other proprietary marks for personal or business purposes or any other context, unless expressly approved by us in writing;
  8. impersonate another person, or misrepresent your identity or affiliation.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Triad at any time.

‍Content Standards and License to Triad
The Services may allow you to submit or post content, including through your profile, other posts, or as comments (“User Content”). You represent and warrant that you own or control all rights in and to the User Content. You understand and acknowledge that you are solely responsible for your User Content, including its legality, reliability, accuracy, and appropriateness. We are not responsible for User Content and do not endorse any opinion contained in any User Content.By providing materials or User Content on the Services, you hereby grant to Triad, a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicensable, royalty-free, fully-paid up license to copy, prepare derivative works from, improve, distribute, publish, remove, retain, add, process, analyze, index, tag, use and commercialize such content and other information, including registration data and User Content in any media, form or format now known or hereafter developed, in any manner that is consistent with our Privacy Policy and applicable law. By submitting feedback, you agree that we can use, share and commercialize such feedback for any purpose without restriction and without any obligation to make any compensation to you.

3. Disclaimer
  1. The materials in the Services and on our website are provided on an 'as is' basis. Triad makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
  2. You understand and agree that we have no obligation to provide any specific aspect of Services and we may, from time to time at our discretion, remove any content without notice.
  3. Further, Triad does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
4. Limitations

In no event shall Triad or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials in the Services, including on Triad website, even if Triad or a Triad authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Accuracy of materials

The materials appearing in the Services could include technical, typographical, or photographic errors. Triad does not warrant that any of the materials on its website are accurate, complete or current. Triad may make changes to the materials contained on its website at any time without notice. However, Triad does not make any commitment to update the materials.

The information presented on this site is contributed by the community. Therefore, the opinions expressed on this site are those of the authors. They do not purport to reflect the policy, position, opinions or views of Triad, or any persons affiliated with Triad. This information is neither intended to educate nor diagnose, treat, cure or prevent any condition, illness, disorder, or disease, nor should it be interpreted as medical advice or as a substitute for the independent medical judgment of a physician relative to diagnostic and treatment options of a specific patient's medical condition. The entirety of all presented information and shared content is therefore not intended to function as a diagnostic, prescriptive, or legal guide.

6. Third party links

Triad has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Triad of such third party site. Use of any such linked website is at the user's own risk.

7. Modifications

At our discretion, we may change these terms of service, including, but not limited to, to comply with applicable laws. When we make a change to these terms of service, we will update the effective date below and post the updated policy effective that date. We may, and if required by law will, also provide notification of changes in another way that we believe is reasonably likely to reach you (e.g. via email if you have an account where we have your contact information, via additional pop-up consent, or notification the next time you log into your account). Any modifications to these terms of service will be effective upon posting or as otherwise indicated. Your continued use of this site or the Services after any changes to these terms of service will be regarded as acceptance of our practices around privacy and personal information. If you object to any changes, you may close your account by contacting support@hellotriad.com.

8. Surviving Termination

All sections of these terms of service that by their nature should survive termination shall survive termination, including without limitation, our Privacy Policy, terms regarding ownership and licenses, Disclaimer and Limitation of Liability, Indemnity, Governing Law; Dispute Resolution, and Additional Terms.

9. Governing Law; Dispute Resolution

OU AGREE THAT ANY DISPUTE ARISING OUT OF YOUR USE OF THE SERVICES, INCLUDING RIGHTS OF PRIVACY OR PUBLICITY, WILL BE RESOLVED THROUGH BINDING, INDIVIDUAL ARBITRATION IN ACCORDANCE WITH THE AMERICAN ARBITRATION ASSOCIATION’S (AAA) RULES AND PROCEDURES FOR CONSUMER-RELATED DISPUTES. BY AGREEING TO THESE TERMS, YOU ALSO WAIVE YOUR RIGHT TO A TRIAL BY JURY. WE BOTH AGREE THAT ANY DISPUTE RESOLUTION WILL BE RESOLVED THROUGH INDIVIDUAL PROCEEDING AND NOT THROUGH ANY CLASS-WIDE PROCEEDINGS. YOU WAIVE YOUR RIGHT TO PARTAKE IN ANY CLASS PROCEEDINGS AS A CLASS MEMBER OR CLASS REPRESENTATIVE. THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW WILL GOVERN THESE DISPUTE RESOLUTIONS. NO STATE LAW CONCERNING ARBITRATION WILL BE APPLICABLE. AN ARBITRATOR CAN AWARD DAMAGES THAT DO NOT CONFLICT WITH THESE TERMS OF USE. ANY COURT WITH COMPETENT JURISDICTION MAY REVIEW AN ARBITRATION AWARD.

THESE TERMS, AND ANY OTHER CLAIM, DISPUTE OR CAUSE OF ACTION THAT MIGHT ARISE BETWEEN YOU AND TRIAD UNDER THESE TERMS OF SERVICE OR THE PRIVACY POLICY THAT IS NOT DEEMED COVERED UNDER THE BINDING ARBITRATION PROVISION ABOVE (EACH A "CLAIM"), ARE GOVERNED BY IDAHO LAW, WITHOUT REGARD TO CONFLICT OF LAW PROVISIONS. YOU HEREBY AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION AND VENUE OF AND FEDERAL COURTS LOCATED, IN POST FALLS, IDAHO, WITH RESPECT TO ANY SUCH CLAIMS BROUGHT BY EITHER PARTY.
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ANY CAUSE OF ACTION UNDER OR IN CONNECTION WITH THESE TERMS OF SERVICE, THE PRIVACY POLICY, OR THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; ANY ACTIONS BROUGHT THEREAFTER WILL BE PERMANENTLY BARRED.

10. IP Ownership and Copyright Infringement

Triad disclaims any responsibility for the content of any third party’s materials provided through or on the Services, (“Third Party Content"). Triad will respond to notices of alleged infringement regarding Third Party Content sent pursuant to, and in accordance with, the Digital Millennium Copyright Act ("DMCA"), which may include Triad removing or disabling access to Third Party Content claimed to be the subject of infringement or other activity. All notices sent to Triad regarding matters other than informing Triad that a party's copyrighted material may have been infringed (and relating only to Third Party Content) will not receive a response through this process.

To provide such a notification, written notice must be submitted to the following designated agent of Triad (the "Designated Agent"):

Triad
12 W. Ironwood Dr., Suite D #168
Coeur d’Alene, ID 83814
Attn: Triad Copyright Agent
support@hellotriad.com

INFRINGEMENT NOTIFICATION

To be effective, your infringement notification must include the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single web site are covered by a single notification, a representative list of such works at that web site;
  3. Identification of the material, or Third Party Content, that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Triad to locate the material;
  4. Information reasonably sufficient to permit Triad to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement, as follows: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law"; and
  6. A statement, as follows: "The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed".

Upon receipt of written notification containing the information outlined in (1) through (6) above:

  1. Triad shall remove or disable access to the Third Party Content that is alleged to be infringing;
  2. Triad shall forward the written notification to the alleged infringer (the "Posting User"); and
  3. Triad shall take reasonable steps to promptly notify the Posting User that it has removed or disabled access to the Third Party Content.

COUNTER NOTIFICATION

Triad may reinstate the material that was removed or disabled according to the procedure above in its own discretion and only after receiving a written request to do so by the Posting User (“Counter Notification”). To be effective, a Counter Notification must be a written communication provided to the Designated Agent that includes substantially the following:

  1. A physical or electronic signature of the Posting User;
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement, as follows: "I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled"; and
  4. The Posting User's name, address, and telephone number, and a statement that the Posting User consents to the jurisdiction of Federal District Court for the judicial district in which the Posting User's address is located, or if the Posting User's address is outside of the United States, for any judicial district in which Triad may be found, and that the Posting User will accept service of process from the person who provided notification or an agent of such person.

Upon receipt of a Counter Notification containing the information outlined in (1) through (4) above, the DMCA provides that the removed material will be restored or access re-enabled and Triad will comply with this requirement within a reasonable time (or as otherwise required by law), provided that the Designated Agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain Posting User from engaging in infringing activity relating to the material on the Services.

11. Indemnity

You agree to indemnify hold harmless Triad, its affiliates, officers, directors, agents, employees, and contractors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to (1) your failure to comply with these terms of service, (2) any content or material you submit us including posting to the Services, including, but not limited to, User Content, and (3) your use of the Services.

12. Additional Terms

If any provision of these terms of service, our Privacy Policy, or any other agreement incorporated into these terms of service is held to be invalid, void or unenforceable for any reason, such provision shall be struck to the extent it is deemed unenforceable and the remaining provisions shall remain enforceable. In the event a provision is struck or is deemed unenforceable, then the applicable provision that reflects it the closest should be interpreted to mirror the original intention of the parties as closely as possible. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that these terms of service, our Privacy Policy and all agreements and notices incorporated herein may be automatically assigned by Triad, in our sole discretion, to a third party. You may not assign your obligations to any other entity and any such attempt at assignment will be considered null and void. Unless otherwise specified, each and every remedy shall be cumulative and shall be in addition to every other remedy. Further, the election of any one or more of such remedies shall not constitute a waiver of the right to pursue any other available remedies.

13. Notices

Triad Data Controller
Triad Support Team
support@hellotriad.com