TRIANGLE TERMS OF SERVICE
1. INTRODUCTION
1.1 TRIANGLE SERVICES
Greetings from TRIANGLE! We are more formally known as LS54 Ventures, LLC, a company incorporated in Arizona, and having a principal place of business at 9061 North 28th Street, Phoenix, AZ, but we use the name TRIANGLE for conducting business—it’s a bit catchier.
Our goal is to develop intuitive, powerful, and enjoyable mobile applications, web interfaces, and other services that benefit our users in matters pertaining to real estate. Specifically, we produce software products and provide services—or we plan to do so—for usage in the rental, residential home sale, and commercial markets. Depending upon the market or application, we may offer software application-based tools or solutions to assist with different key aspects of renting a property, to aid in managing property rentals, to help with home sales or purchases, enhance walkthroughs or tours of homes, to provide intelligent home access forthe performance of maintenance or repair services, or to assist agents in better serving their clients in buying, selling, or renting homes.
The term“home,” as appappearsroughout this policy, encompasses not only residresidential structuresh as single family homes, apartments, townhomes, and condominiums, but lso commercial structures, such as office space. The term“home” also encompasses the premises surrounding such structures. We have chosen the word “home” for this policy to help keep our wording simple. You can consider the word “home” to encompass the commercial and residential structures.
Our mobile applications, our website (LetsTriangle.com), any social media sites owned and operated by TRIANGLE, and all of the other products and services are referred to collectively herein as “OUR SERVICES.”
We want you to read, understand, and feel comfortable with all terms of service set out in this document (hereafter, the “TOS AGREEMENT”). To best serve all our users, we have written this policy in a friendly, approachable tone, while also being thorough and forthright. Please feel free to reach out to us at Hello@LetsTriangle.com with any questions you might have about this policy or anything else TRIANGLE.
1.2 IMPORTANT—DO NOT USE OUR SERVICES IF YOU DO NOT AGREE WITH OUR TERMS OF SERVICE
BY USING OUR SERVICES, INCLUDING BY VISTING OUR WEBSITE (LetsTriangle.com), OR BY CLICKING TO ACCEPT OR AGREE TO THE TOS AGREEMENT, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND AND ABIDE BY THE TERMS AND CONDITIONS OF THIS TOS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS.
IF THE TERMS OF THIS TOS AGREEMENT ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITEDTO SUCH TERMS. IF YOU DO NOT UNCONDITIONALLY AND FULLY AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS TOS AGREEMENT, YOU HAVE NO RIGHT TO USEOUR SERVICESS, INCLUDING VISITING OUR WEBSITE (LetsTriangle.com) AND USINGTRIANGLE BRAND MOBILE APPLICATIONS. TO BE CLEAR, YOUR USAGE OF OUR SERVICES IS EXPRESSLY CONDITIONED UPON YOUR UNQUALIFIED AGREEMENT WITH ALL THE TERMS AND CONDITIONS SET FORTH IN THIS DOCUMENT.
THIS TOS AGREEMENT IS BETWEEN YOU AND TRIANGLE. IT IS YOUR CHOICE TO USE OUR SERVICES. IF YOU CHOOSE TO USE OUR SERVICES, YOU DO SO AT YOUR OWN RISK. THIS INCLUDES LISTING A HOME WITH TRIANGLE AND TOURING HOMES LISTED ON OR REGISTERED WITH TRIANGLE, WHETHER IN THE COMPANY OF A REAL ESTATE AGENT OR WITHOUT A REAL ESTATE AGENT PRESENT(SELF-TOUR). AS FURTHER REITERATED THROUGHOUT THIS DOCUMENT, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS TRIANGLE FOR ANY LIABILITY FROM DAMAGES OR OTHER HARMS RESULTING DIRECTLY OR INDIRECTLY FROM USAGE OF OUR SERVICES.
TRIANGLE may change, suspend, or discontinue any aspect of OUR SERVICES at any time, including the availability of any feature, database, or particular item or type of content. TRIANGLE may also impose limits on certain features and services, or restrict your access to parts or all of OUR SERVICES, without notice or liability. TRIANGLE reserves the right, in its sole discretion, to modify this TOS AGREEMENT and our PRIVACY POLICY[JL1] at any time by posting a notice on our website (LetsTriangle.com), or by sending notice via email or postal mail. You are responsible for reviewing and becoming familiar with any such modifications. Your use of OUR SERVICES following such notification, or your clicking to accept or agree to the TOS AGREEMENT following such notification, constitutes your acceptance of and agreement to be bound and abide by the terms and conditions of the TOS AGREEMENT as modified.
1.3 YOU AGREE TO BE TRUTHFUL AND TO USE OUR SERVICES INTENDED
You agree on a on a warrant that all information you submit to TRIANGLE and through OUR SERVICES will be accurate, complete, and truthful to the best of your knowledge. You further agree that, should you discover material inaccuracies in information you provide to TRIANGLE or to another user utilizing OUR SERVICES, you will take appropriate steps to correct such inaccuracies in a timely manner.
You warrant that you are legally permitted to use and access OUR SERVICES. You understand and accept that you assume full responsibility for the selection, use of, and access to any and all aspects of OUR SERVICES.
To use OUR SERVICES, you may be required to register with TRIANGLE and create login credentials, such as a password and user name. You are solely responsiblefor maintainingg the secrecy of your password or any other confidential login credentials. You will provide TRIANGLE with accurate, complete, and updated registration information. Failure to do so will constitute a breach of this TOS AGREEMENT, which may result in suspension or immediate termination of your account.
When using OUR SERVICES, you may not:
· select or use as a name of another person with the intent to impersonate that person; or
· use a name subject to any rights of a person other than you without appropriate authorization.
TRIANGLE reserves the right to refuse registration of your account or to cancel your account if deemed appropriate by TRIANGLE in its sole discretion. Additional discussion in this regard is provided in Section 8 below.
You may not sell, transfer, or assign your TRIANGLE account to anyone else. You agree to notify us immediately at PrivacyandLegal@LetsTriangle.com of any actual or suspected unauthorized use of your account.
1.4 YOU WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE
By using OUR SERVICES, you warrant that you are an individual that is at least 18 years ofage.
As explained in our PRIVACYPOLICY[JL2] , we do not knowingly collect PERSONAL DATA from children under the age of thirteen (13); nor are OUR SERVICES intended for usage by anyone under the age of eighteen(18). If you are under the age of thirteen (13), please do not submit any personal DATA through OUR SERVICES or use OUR SERVICES in any way. We encourage parents and legal guardians to monitor their children's Internet usage and to help enforce our policy by instructing their children never to provide PERSONAL DATA through OUR SREVICES without their permission. If you have reason to believe that a child under the age of 13 has provided PERSONAL DATA to us throughout SERVICES, please contact us at PrivacyandLegal@LetsTriangle.comso wee mayy take appropriate actions, such as deleting any such information from oour databases
1.5 BUSINESS AS USERS
If you areusing OUR SERVICE on behalf of a company or organization, you represent that you hav authority to act on behalf of that entity, and that such entity accepts this TOS AGREEMENT.
2.0 YOUR USE OF OUR SERVICES
You—and not triangle—are solely responsible for any and all of your activity in connection with OUR SERVICES.
Any fraudulent abusive, or otherwise illegal activity may be grounds for termination of your right to access or use OUR SERVICES. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitationn designed or intended to obtain password, account, or private information from any other user of OUR SERVICES.
Use of OUR SERVICES to violate the security of any computer network, improperly gain passwords or security encryption codes, transfer or store illegal material(including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited.
2.1 AS A USER OF OUR SERVICES, YOU AGREE TOREFRAIN FROMM UNDERMINING OUR BUSINESS INTERESTS AND TO NOT ADVERTISE TO OTHER USERSUNLESS EXPRESSLY PERMITTED BY TRIANGLE
You will not run Maillist, Listserv, any form of auto-responder, or “spam” on OUR SERVICES , or any processes that run or are activated while not logged on to our website (LetsTriangle.com), or that otherwise interfere with the proper working of or place an unreasonable load on the servers or infrastructure of TRIANGLE. The use of manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of our website (LetsTriangle.com) is prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of OUR SERVICES, including the TRIANGLE brand mobile applications.
2.2 IF YOU BRING GUESTS ON A TOUR OR WALKTHROUGH, YOU ARE RESPONSIBLE FOR THE BEHAVIOR OF YOUR GUESTS
To the fullest extent permitted by applicable law, you agree to indemnify, hold harmlesss, and defend TRIANGLE and its officers, directors, managers, members, employees, agents, and affiliates with respect to any damages or other harms caused by, or incurred by, any guests accompanying you during a tour or walkthrough of a home listed with TRIANGLE. You further warrant that you will advise any such guests of the provisions of this TOS AGREEMENT and obtain their consent to be bound and abide by this TOS AGREEMENT before permitting the guests to accompany you on a tour or walkthrough, or otherwise provide physical access to a home to such guests. If your guests do not agree to these conditions, and to this TOS AGREEMENT generally, the guests can simply wait outside of a particular home or property, while you conduct a tour of the home or property. You agree that you are responsible for your guests’ compliance with the provisions of this TOS AGREEMENT. See also Section 2.7 below for additional terms and conditions about any guests that may accompany you during a walkthrough or tour.
2.3 RESTRICTIONS
The following list, which sets-out restrictions applicable to your use of OUR SERVICES, is non-exhaustive and merely provides several examples of applicable restrictions. By accepting this TOS AGREEMENT, you agree that you will not:
· access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify, or otherwise use any part of OUR SERVICE or any content except: (a) as expressly authorized by this TOS AGREEMENT or clearly intended in the context of OUR SERVICES; or (b) with prior written permission from TRIANGLE and, if applicable, the respective rights holders;
· circumvent, disable, fraudulently engaged with, or otherwise interfere with any part of OUR SERVICE, iincluding security related features or features that (a) prevent or restrict the copying orr other use of content or (b) limit the use of OUR SERVICE or content;
· access OUR SERVICE utilizing automated means,such as robots, botnets, scrapers, or the like;
· collect or harvest any information that might identify a person (for example, usernames or faces), unless permitted by that person;
· use OUR SERVICE to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations;
· cause or encourage any inaccurate measurements of genuine user engagement with OUR SERVICE;
· misuse any reporting, flagging, complaint , dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions;
· attempt to perform any of the prohibited actions listed above or encourage another to do so; and
· otherwise violate the terms or the spirit of this TOS AGREEMENT.
2.4 RESERVATION
Usage of OUR SERVICES does not give you ownership of, or rights to, any aspect of OUR SERVICE or content posted by TRIANGLE. Nor does the usage of OUR SERVICES give you ownership of, or rights to, user names or any content posted by other use of triangle.
2.5 CODE OF CONDUCT
Your use of OUR SERVICES requires you, and any guests that accompany you during a tour or walkthrough of a home listed with TRIANGLE, to follow our code of conduct. Our code of conduct bans users from distributing spam or similar advertising material without the express consent of TRIANGLE. Our code of conduct further forbids users from engaging in deceptive practices, such as impersonation of other individualss, the creation of false property listings, providing or repeating knowingly-false information regarding a property listing, and promoting scams or fraudulent practices for monetary gain.
You hereby agree to not engage in harassment, cyberbullying, or to post content—whetheras imagess, audio, or text—that may be considered harmful, dangerous, violent, or sexual in nature to an ordinary user. You also agree to not communicate with anyone under 18 years of age utilizing OUR SERVICE.
You agree to refrain from hate speech, uploading images of other individuals, uploading images containing nudity, and utilizing vulgar language in the context of USER-SUBMITTED CONTENT (defined in Section 3.0 below) or when otherwise communicating withother users of OUR SERVICES.
Any violation of this code of conduct may result in the suspension of your account, cancellation of your account, and other penalties.
2.6 USING OUR SERVICES TO FACILITATE PROPERTY TOURS
If you utilize OUR SERVICES to enable other users to conduct tours or walkthroughs of a property you own, manage, or otherwise represent, you agree to remove any material potentially visible to individuals touring your home that may violate any of the prohibitions set forth in this document including, but not limited to, in Section 2.5 above.
YOU ALSO AGREE TO PROMINENTLY AND PROPERLY ALERT OTHER USERS TO ANY DEFECT OR DANGEROUS CONDITIONS ON YOUR PROPERTY, WHETHER OR NOT SUCH CONDITIONS ARE OPEN AND OBVIOUS, THROUGH APPROPRIATE SIGNAGE, LABELING, CAUTION TAPE, OR OTHER APPROPRIATE MEANS.
YOU WARRANT THAT ANY HOME SUBJECT TO WALKTHROUGH THAT IS OWNED OR REPRESENTED BY YOU IS COVERED BY A VALID HOMEOWNER’S INSURANCE POLICY (IF THE HOME IS A RESIDENTIAL PROPERTY) OR COMMERCIAL PROPERTY INSURANCE POLICY (IF THE HOME IS A COMMERCIAL BUILDING), WHICH WILL REMAIN IN EFFECT FOR THE ENTIRE PERIOD DURING WHICH SUCHHOME IS REGISTERED WITH TRIANGLE, AND THAT TRIANGLE WILL BE NAMED AS AN ADDITIONAL INSURED ON SUCH POLICY.
2.7 ACCESSING A PROPERTY UTILIZING OUR SERVICES
By accessing any home utilizing OUR SERVICES, you certify and agree that you and yoyour guesaree entering the home with the express purpose of evaluating the home for potential purchase or rent, are entering the home for the purpose of performing a service or task, or are otherwise engaged in authorized business with TRIANGLE and the owner of the home. TRIANGLE may revoke permission for you or any guest to access one or more of its homes at any time and for any reason. If you or one of your guests are asked to leave a home utilizing OUR SERVICES, you and your guests lose permission to access additional homes utilizing OUR SERVICES unless you receive notification otherwise from TRIANGLE.
By entering ahome utilizing OUR SERVICES, you acknowledge and agree that you and your guestswill treat the home responsibly and respectfully. You further agree thayou andnd your guests will not, and will not assist or enable others, to:
· breach or circumvent any applicable law, or terms of this TOS AGREEMENT;
· access the home if under the age of 18;
· smoke, vape, consume alcohol, or use aany illicitor illegal substances at the home;
· abandon, leave behind, dump, orotherwise discardd any property including, but not limited to, flyers, pamphlets, marketing or promotional materials, trash, garbage, waste product, or any other type of personal property at the home;
· remove any property from the home other than marketing or promotional materials provided by TRIANGLE for such use;
· use any facilities in the home including,but not limited to, pools, showers, and appliances other than for the purpose of examining them in the course of reasonable evaluation for purchasing or renting the home;
· fail to turn off any utilities, including running water, before concluding your tour or service visit;
· interfere with our ability to lock the primary entrance to a home through OUR SERVICES;
· fail to relock or otherwise secure any secondary entrances to a home, such as patio door, if you unlock such secondary entrances during your tour or service visit;
· request access other than through a method authorized by TRIANGLE;
· bring any weapon including, but notlimited too guns, knives, blunt-force objects, and projectiles into the home or surrounding yard;
· avoid, bypass, remove, deactivate, impair, or otherwise attempt to circumvent any technological or security measure implemented by TRIANGLE or any other third party to protect a home, property, or other individuals utilizing OUR SERVICES; or
· not exceed your scheduled tour time;
· violate or infringe anyone else’s rights or otherwise cause harm to anyone; or
· engage in any illegal activity at or in the vicinity of the home.
If, in accessing a home utilizing OUR SERVICES, whether through an authorized method or not, you provide access to any other individuals (including guests who have accepted this TOS AGREEMENT), you accept legal and financial responsibility for their behavior including for any breaches by them of this TOS AGREEMENT. See also Section 2.2 of this TOS AGREEMENT.
By accessing a home utilizing OUR SERVICES, you accept legal and financial responsibility for any damage you or your guests cause to the home and, to the fullest extent permitted by law, any bodily, mental, or personal injury, including death, relating to or arising from your or your guests’ access or visit to the home. This is further reiterated in Section 5 below.
You acknowledge and agree that TRIANGLE does not have any responsibility for the conditionof any home or the safety of visiting any home. To the fullest extent permitted by applicable law, you assume the risk of visiting any home using OUR SERVICES and waive any claim you may have against TRIANGLE and its officers, directors, managers, members, employees, agents and affiliates related to the condition of any home, the safety of visiting anyy home or any injury that you or your guests may suffer at any home. To thefullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless TRIANGLE and its officers, directors, managers, members, employees and agents for any damages or other harms you or your guests maysuffer due to the condition of any home or any personal injury that occurs while visiting any home.
3.0 USER SUBMITTED CONTENT
OUR SERVICES, including our TRIANGLE brand mobile applications, may permit users to post, upload,or otherwise share videos, audio, graphics, photos, text, and other visual oraudio materials (herein, “USER-SUBMITTED CONTENT”). Such USER-SUBMITTED CONTENT will typically pertains to homes listed for rent or sale utilizing TRIANGLE; and, in many cases, homes accessed by interacting with OUR SERVICES for the purposes of conducting a walkthrough or tour.
USER-SUBMITTEDCONTENT is the responsibility of the person or entity that provides such content to OUR SERVICE. TRIANGLE is under no obligation to host or service USER SUBMITTED CONTENTT. If you see any USER-SUBMITTED CONTENT you believe does not comply withthis TOS AGREEMENT, or that is found offensive or clearly false, please reportthis to TRIANGLE at PrivacyandLegal@LetsTriangle.com.
If you chooseto share USER-SUBMITTED CONTENT through OUR SERVICES, you agree to refrain from uploading or otherwise submitting any content that fails to comply withthe termss of this TOS AGREEMENT, the spirit of this TOS AGREEMENT, or appliable law.For example, any USER-SUBMITTED CONTENT you submit utilizing OUR SERVICES must not include third-party intellectual property, such as copyrighted material, unless you have obtained the appropriate permissions from that party or are otherwise legally entitled to reproduce such material. Again, you are legally responsible for the content you submit to OUR SERVICE.
If you submit or post through OUR SERVICES any property listing, testimonial, comment, review, suggestion, or any work of authorship (further encompassed by the term“USER-SUBMITTED CONTENT”), such submission may be used by TRIANGLE in any manner. Please do not submit or send any USER-SUBMITTED CONTENT that you consider contain confidential or proprietary information. No USER-SSUBMITTED CONTENTsent to us will be considered or treated as confidential information. TRIANGLE does not pre-screen USER-SUBMITTED CONTENT, and TRIANGLE will have no obligation to review any USER-SUBMITTED CONTENT submitted or sent to us.
3.1 RIGHTS AND LICENSES YOU GRANT BY SHARING CONTENT WITH TRIANGLE
You retain ownership rights in your content. TRIANGLE does, however, require you to grant certain rights to TRIANGLE and other users of OUR SERVICES when you upload USER-SUBMITTED CONTENT, including written text, audio files, still images, and video .Specifically, you grant to TRIANGLE a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use that content (including to reproduce, distribute, prepare derivative works, display and perform the content) in connection with OUR SERVICE and TRIANGLE’s (and its successors' and affiliates) business purposes, including for the purpose of promoting and redistributing part or all of OUR SERVICE.
You also grant each other user of OUR SERVICE a worldwide, non-exclusive, royalty-freelicense to access your content through OUR SERVICE, and to use that content, including to reproduce, distribute, prepare derivative works, display, andperform your content, only as enabled by a feature of OUR SERVICE, such as video playback or embeds.
The duration of the licenses granted by you will continue for a commercially reasonable period of time following removal or deletion your content from OUR SERVICE. This stated, you also understand and agree that TRIANGLE may retain server copies of user-PROVIDED CONTENT that have been removed or deleted for a reasonable period of time.
3.2 REMOVAL OF USER-SUBMITTED CONTENT
You may remove your content from OUR SERVICES at any time. You also have the option tomake a copy of your content before removing it. You must remove your content if you no longer have the rights required by these terms.
If any of your content (i) is in breach of this TOS AGREEMENT or (ii) may cause harm to TRIANGLE, our users, or third parties, we reserve the right to remove or takedown some or all of such content at our discretion. We will notify you with the reason for our action unless we reasonably believe that to do so: (a) would breach the law or the direction of a legal enforcement authority or would otherwise risk legal liability for TRIANGLE or our affiliates; (b) would compromise an investigation or the integrity or operation of OUR SERVICES; or(c) would cause harm to any user, other third party, TRIANGLE or our affiliates.
4.0 INTELLECTUAL PROPERTY
OUR SERVICES, and content shared via OUR SERVICES, may only be used in accordance with the terms of this TOS AGREEMENT. You agree that you will not use OUR SERVICES in any manner that infringes the rights of any third party.
All materials displayed or performed on OUR SERVICES are protected by copyright. This includes, but is not limited to, text, graphics, articles, photographs, images, and illustrations. You agree to abide by all copyright notices, trademarkrules, information, and restrictions contained in any content accessed through OUR SERVICES. Accordingly, you agree to refrain from using, copying, reproducing, modifying, translating, publishing, broadcasting, transmitting, distributing, performing, uploading, displaying, licensing, selling, or otherwise exploiting any content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.
OUR SERVICES, including our website (LetsTriangle.com) and the TRIANGLE brand mobile applications, are protected by copyright as a collective works and/or compilations, pursuant to U.S. copyright laws, international conventions, and other copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section 4), create derivative works based on, distribute, perform, display, or in any way exploit, any of the content, software, materials, or OUR SERVICES in whole or in part.
You may download or copy the content (and other items displayed on our website (LetsTriangle.com) or OUR SERVICES for download) for personal non-commercial use only, provided that you maintain all copyright and other notices contained in such content. Youwill nott store any significant portion of any content in any form. Copying or storing of any content other than personal, noncommercial use is expresslyprohibited without prior written permission from TRIANGLE or from thecopyright holder identified in such content’s copyright notice. If you link to ourwebsite, TRIANGLE may revoke your right to so link at any time, at TRIANGLE’s sole discretion. TRIANGLE reserves the right to require prior written consent before linking to our website.
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In the course of using OUR SERVICES, you and other users may provide information which may be used by TRIANGLE in connection with OUR SERVICES and which may be visible toother users. You understand that by posting USER-SUBMITTED CONTENT, TRIANGLE hereby is and will be granted a non-exclusive, worldwide, royalty free, perpetual, irrevocable, sub-licensable ,and transferable right to fully exploitsuch USER-SUBMITTED CONTENT (including all related intellectual property rights) in connection with OUR SERVICES, our website (LetsTriangle.com), and TRIANGLE’s(and its successors’ and assigns’) business, including without limitation for promoting and redistributing part or all of OUR SERVICES (and derivativeworks thereoff) in any media formats and through any media channels; however, TRIANGLE will only share your personally identifiable information in accordance with TRIANGLE’sPRIVACY POLICY in effect from time to time.
You alsogrant each user of OUR SERVICES a non-exclusive license to access your USERSUBMITTED CONTENTT through OUR SERVICES, and to use, modify, reproduce, distribute ,prepare derivative works of, display and perform such USER-SUBMITTED CONTENT aspermitted through the functionality of OUR SERVICES and under this TOS AGREEMENT. Furthermore, you understand that TRIANGLE retains the right to format, modify, create derivative works of, excerpt, and translate any USER-SUBMITTED CONTENT submitted by you. For clarity, the foregoing license grant to TRIANGLE does does not affect your ownership of or right to grant additional licenses to the material in your USER-SUBMITTED CONTENT, unless otherwise agreed in writing.
Youunderstand that all information publicly posted or privatelytransmitted throughh OUR SERVICES is the sole responsibility of the person from which suchcontent originatedd and that TRIANGLE will not be liable for any errors or omissions inany content. You understand that TRIANGLE cannot guarantee the identity of any other users with whom you may interact in the course of using OUR SERVICES. Additionally, TRIANGLE cannot guarantee the authenticity of any data which users or merchants may provide about themselves. You acknowledge that all content accessedd by you using OUR SERVICES is at your own risk and you will be solely responsiblee for any damage or loss to any party resulting there from.
Under nocircumstances will TRIANGLE be liable in any way for any content including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred in connection with use of or exposure to any content posted, emailed, accessed, transmitted, or otherwise made available via OUR SERVICES, including via our website or a TRIANGLE brand mobile application.
You warrant, represent, and agree that you will not contribute any content or otherwise use OUR SERVICES in a manner that:
· infringes orviolates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party;
· violates any law, statute, ordinance orregulation;
· is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable;
· involves commercial activities and/or sales without TRIANGLE’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
· constitutes spamming, flooding, harvesting of email addresses or other personal information, spidering, screen scraping, database scraping, or any other activity with the purpose of obtaining lists of users or any other information, including property listings available through OUR SERVICES;
· forges anyTCP/IP packet header or any part of the header information in any e-mail orposting, or in any way use OUR SERVICES to send altered, deceptive, or falsesource-identifying information;
· impersonates any person or entity including any employee or representative of TRIANGLE;
· misrepresents your affiliation or association with any person, entity, or home; or
· contains avirus, trojan horse, worm, time bomb, or other harmful computer code, file, orprogram, or otherwise constitutes an attempt to gain unauthorized access to computer systems through OUR SERVICES.
You further agreee to refrain from using OUR SERVICES in any manner that could damage, disable, overburden, or impair OUR SERVICES, or interfere with any other party’s use and enjoyment of OUR SERVICES.
TRIANGLE reserves the right to remove any content from OUR SERVICES at any time, for any reason. Examples of such reasons include, but are not limited to, receipt of claims or allegations from third parties or authorities relating to such content. You, not TRIANGLE, remain solely responsible for all content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, OUR SERVICES, and you warrant that you possess all rights necessary to provide such content to TRIANGLE and to grant TRIANGLE the rights to use such information in connection with OUR SERVICES and as provided herein.
4.1 COPYRIGHT DISPUTE POLICY
TRIANGLE has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA posted here.
The addressof TRIANGLE’s Designated Agent to Receive Notification of Claimed Infringement(“Designated Agent”) is listed at the end of this Section. It is TRIANGLE’spolicy to (1) block access to orremovese material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members, or users; and(2) remove and discontinue service to repeat offenders.
Please see our PROCEDURE FORREPORTING COPYRIGHTT INFRINGEMENT [JL3] foradditional information.
4.2 DOWNLOADABLE SOFTWARE AND LICENSE
When OUR SERVICES require or involve downloadable software—and subject to the terms of any additional license agreement covering such software—TRIANGLE grants a personal, worldwide, non-assignable, limited, and non-exclusive license to you to use the software as part of OUR SERVICES. TRIANGLE reserves all rights titles. and interest not expressly granted under this license to the extent permitted by law.
This license is for the sole purpose of enabling you to use and enjoy the benefit of OURSERVICES as provided by TRIANGLE, in the manner permitted by this TOS AGREEMENT. You are not allowed to copy, modify, distribute, sell, or lease any part of the software, or to reverse-engineer or attempt to extract the source code of thatsoftware, unless laws prohibit these restrictions or you have TRIANGLE’swritten permission.
5.0 IN NO EVENT WILL TRIANGLEBE LIABLE FOR ANY DAMAGES, UNLESS EXPRESSLY REQUIRED BY LAW
5.1 WARRANTY DISCLAIMER
TRIANGLE hasna o special relationship with or fiduciary duty to you. You acknowledge that TRIANGLEhas no control over, and no duty to take any action regarding:
· which users gain access to OUR SERVICES;
what content you access via OUR SERVICES;
· events that take place within a home duringa tour or service visit to that home;
· what effects the content may have on you;
· how you may interpret or use the content; or
· what actions you may take as a result of exposure to the content.
To thefullest extent permitted by law, you release and agree to hold harmless TRIANGLEand its officers, directors, managers, members, employees, agents andaffiliates from all liability associated with the use of OUR SERVICES, including from any content you have acquired or not acquired utilizing OURSERVICES. OUR SERVICES may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. TRIANGLE makes no representations concerning any content contained in or accessed through OUR SERVICES, and TRIANGLE will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in oraccessed through OUR SERVICES. TRIANGLE makes no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through OUR SERVICES.
Products and services offered by TRIANGLE (whether or not following such recommendations andsuggestions) are provided “AS IS” without any warranty of any kind from TRIANGLE or others unless, with respect to others (only), otherwise made expressly and unambiguously in writing by a designated third party for a specific product orservice. OUR SERVICES, CONTENT, WEBSITE, PRODUCTS, AND SERVICES OBTAINEDTHROUGH THE WEBSITE, AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" AND“AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESSFOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
YOU USE OUR SERVICES AT YOUR OWN DISCRETION AND RISK. YOU ASSUME ALL RISK FOR ANY DAMAGETHAT MAY RESULT FROM YOUR USE OF OUR SERVICES, OUR CONTENT, OR OTHER CONTENTAVAILABLE THROUGH OUR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TOYOUR PROPERTY (INCLUDING ANY COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH OUR SERVICES), OR THE LOSS OF DATA THAT MAY RESULT FROM THE USEOF OUR SERVICES, OUR CONTENT, OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES.ADDITIONALLY, YOU VISIT HOMES LISTED AND/OR MADE PHYSICALLY ACCESSIBLE VIA OURSERVICES AT YOUR OWN DISCRETION AND RISK. YOU ASSUME ANY AND ALL RISK FOR ANY PROPERTY DAMAGE OR LOSS, OR BODILY, MENTAL, OR PERSONAL INJURY, INCLUDING DEATH, RELATING TO OR ARISING FROM VISITING ANY HOMES LISTED AND/OR MADEPHYSICALLY ACCESSIBLE THROUGH OUR SERVICES.
If you are a California resident, you will and hereby do waive California Civil Code Section1542, which states: “A general release does not extend to claims which thecreditor 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.”
THE FOREGOINGPROVISIONS OF THIS SECTION 5.1 DO NOT AFFECT ANY WARRANTIES THAT CANNOT BEEXCLUDED OR LIMITED UNDER APPLICABLE LAW OR ANY LIABILITY THAT CANNOT BEEXCLUDED OR LIMITED UNDER APPLICABLE LAW.
5.2 INDEMNITY
To the full extent permitted by applicable law, you agree to indemnify, defend, and hold TRIANGLE,and its officers, directors, managers, members, employees, agents and affiliates harmless from any claim or demand made by you or any third party dueto or arising out of your access to OUR SERVICES, use of OUR SERVICES, your violation of this TOS AGREEMENT, or the infringement by you or any third partyusing your account of any intellectual property or other right of any person orentity including, without limitation, from all damages, liabilities,settlements, costs and attorneys’ fees.
EXCEPT AS REQUIRED BY APPLICABLE LAW, TRIANGLE, ITS OFFICERS, DIRECTORS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS AND AFFILIATES WILL NOT BE RESPONSIBLE FOR ANY LOSSOF PROFITS, REVENUES, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS;LOSS OR CORRUPTION OF DATA; INDIRECT OR CONSEQUENTIAL LOSS; OR PUNITIVE DAMAGES CAUSED BY:
· ERRORS, MISTAKES, OR INACCURACIES ON OUR SERVICES;
· PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF OUR SERVICES;
· ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVICES;
· ANY INTERRUPTION OR CESSATION OF OUR SERVICES;
· ANY VIRUSES OR MALICIOUS CODE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY;
· ANY CONTENT WHETHER SUBMITTED BY A USER OR TRIANGLE, INCLUDING YOUR USE OF CONTENT; AND/OR
· THE REMOVALOR UNAVAILABILITY OF ANY CONTENT.
THISPROVISION APPLIES TO ANY CLAIM, REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY.
5.3 GENERAL LIMITATION OF LIABILITY
IN NO EVENT WILLTRIANGLE OR ITS OFFICERS, DIRECTORS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS ORAFFILIATES BE LIABLE WITH RESPECT TO OUR SERVICES OR THE SUBJECT MATTER OF THISTOS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHERLEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE LESSEROF $500 OR THE FEES PAID BY YOU FOR OUR SERVICESS AND ANY PRODUCTS OR SERVICESPURCHASED THROUGH OUR SERVICESS DURING THE 12-MONTH PERIOD PRECEDING THEAPPLICABLE CLAIM; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIALDAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OFSUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND THE REASONABLECONTROL OF TRIANGLE. THE FOREGOING PROVISIONS OF THIS SECTION 5.3 DO NOT AFFECTANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
5.4 OBLIGATION TO DEFEND
You agree that, at the option of TRIANGLE, you will conduct the defense, at your expense,of any claim or action to which your indemnification obligations under this TOSAGREEMENT apply; provided that, notwithstanding our election that you conduct the defense, (i) TRIANGLE may nevertheless participate in such defense or settlement negotiations and pay its own costs associated there with, and (ii)you will not enter into any settlement or other compromise without the priorwritten approval of TRIANGLE (which approval will not be unreasonablywithheld), unless such settlement or other compromise includes a full and unconditionalrelease of TRIANGLE and its officers, directors, managers, members, employees,agents and affiliates from all liabilities and other obligations in respect ofsuch claim or action.
5.5 NO IMPLIED INDEMNITY
Under no circumstances will you or any person or entity be entitled to any form ofequitable or implied indemnification at any time from TRIANGLE.
5.6 NO CLASS ACTION
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY AGREE TO PURSUE ANYCLAIMS OR SEEK RELIEF AGAINST US (INCLUDING MONETARY, INJUNCTIVE, ANDDECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, RATHER THAN AS A PARTICIPANT IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
STATED MORETHOROUGHLY, YOU AND TRIANGLE 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, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT THE ARBITRATOR OR COURT, AS APPLICABLE, MAY NOT CONSOLIDATE MORE THAN ONEPERSON'S CLAIMS, MAY NOT PRESIDE OVER ANY FORM OF CLASS, CONSOLIDATED ORREPRESENTATIVE PROCEEDING AND MAY ONLY PROVIDE RELIEF IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDERELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM.
5.7 THIRD PARTIES’ WEBSITES
As indicated above, OUR SERVICES may contain links to third party websites or services(“Third Party Websites”) that are not owned or controlled by TRIANGLE, or OUR SERVICES may be accessible by logging in through a Third Party Website, asdescribed more fully in our PRIVACY POLICY. When you access Third Party Websites, you do so at your own risk. You here by represent and warrant that you have read and agree to be bound by all applicable policies of any Third Party Websites relating to your use of OUR SERVICES and that you will act inaccordance with those policies, in addition to your obligations under this TOS AGREEMENT. TRIANGLE has no control over, and assumes no responsibility for, thecontent, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Websites. In addition, TRIANGLE will not and cannot monitor,verify, censor or edit the content of any Third Party Website.
By using OUR SERVICES, you expressly relieve and hold harmless TRIANGLE and its officers,directors, managers, members, employees, agents and affiliates from any and allliability arising from your use of any Third Party Website. Your interactionswith organizations and/or individuals found on or through OUR SERVICES,including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should makewhatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that TRIANGLE will not be responsible or liable for any loss or damage of anysort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understandand agree that TRIANGLE is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release TRIANGLE, its officers, directors, managers, members, employees, agents and affiliates fromclaims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed,arising out of or in any way related to such disputes.
If you are a California resident, you will and here by do 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 ofexecuting the release, which, if known by him must have materially affected his settlement with the debtor.”
6.0 YOUR INFOMRATION
6.1 PRIVACY POLICY
Our PRIVACYPOLICY explains how we treat your personal data and protect your privacy whenyou use OUR SERVICES.
For information regarding TRIANGLE’s treatment of personally identifiableinformation, please review TRIANGLE’s current PRIVACY POLICY. Your acceptanceof this TOS AGREEMENT constitutes your acceptance and agreement to be bound by TRIANGLE’s PRIVACY POLICY.
6.2 Mobile ID and Identity Verification Data
When you useyour mobile device to electronically unlock a property registered with TRIANGLE,you authorize your wireless carrier to disclose information about your wireless carrier account, such as subscriber status, payment method and device details,if available (the “Mobile ID Data”). In addition, when you access OUR SERVICES through a mobile device to electronically unlock our properties, you may be prompted to share your U.S. driver’s license or state-issued ID data. By sharing such information, you authorize our third-party identity verification service provider to collect the data displayed on and/or encoded in the barcode of your ID in accordance with its PRIVACY POLICY, and you authorize us to receive such information (collectively, the “Verification Information”) from such service provider. As discussed in our PRIVACY POLICY, we only use the Mobile ID Data and Verification Information for lawful purposes, including butnot limited to identity verification, security of properties availed through OUR SERVICES, and the prevention of fraudulent activity.
7.0 FEES & PAYMENTS
TRIANGLEreserves the right to require payment of fees for usage of certain aspects orfeatures of OUR SERVICES. When applicable, you agree to pay all applicablefees, as described on our website (LetsTriangle.com) inconnection with such services selected by you. TRIANGLE reserves the right tochange its price list and to institute new charges at any time, upon notice toyou. Any fees paid are non-refundable.
8.0 TERMINATION
This TOS AGREEMENT will remain in full force and effect while you use OUR SERVICES. Youmay terminate your use of OUR SERVICES at any time. TRIANGLE may terminate or suspend your access to OUR SERVICES or your membership at any time, for anyreason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. TRIANGLE may also terminateor suspend any and all of OUR SERVICES and access to our website (LetsTriangle.com)immediately, without prior notice or liability, if you breach any of the terms or conditions of this TOS AGREEMENT. Upon termination of your account, yourright to use OUR SERVICES, access our website (LetsTriangle.com), and any contentwill immediately cease. All provisions of this TOS AGREEMENT which, by theirnature, should survive termination, will survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
TRIANGLE reserves the right to suspend or terminate your account or your access to allor part of OUR SERVICES if:
· you materially breach any portion of this TOS AGREEMENT;
· we are required to do so to comply with a legal requirement or a court order;
· we reasonably believe that there has been conduct that creates (or may potentially create) liability or harm to any user,other third party, TRIANGLE, or our affiliates; or
· for any otherreason in the sole discretion of TRIANGLE.
We will undertake reasonable efforts to notify you with the reason for termination or suspension by TRIANGLE unless we reasonably believe that to do so:
· would violate the law or the direction of a legal enforcement authority;
· would compromise an investigation;
· would compromise the integrity, operation or security of OUR SERVICES; or
· would cause harm to any user, other third party, TRIANGLE or our affiliates.
If youraccount is terminated or your access to OUR SERVICES is restricted, you maycontinue using certain aspects of OUR SERVICES (such as viewing only) without an account in our sole discretion, and this TOS AGREEMENT will continue to apply to such use. If you believe that the termination or suspension has been made in error, you can appeal by contacting us at PrivacyandLegal@LetsTriangle.com.
9.0 MISCELLANEOUS
The failure of either party to exercise, in any respect, any right provided for herein willnot be deemed a waiver of any further rights hereunder. TRIANGLE will not beliable for any failure to perform its obligations hereunder where such failure results from any cause beyond TRIANGLE’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.
As furtherstated in Section 9.5 below, if any provision of this TOS AGREEMENT is found tobe unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary such that this TOS AGREEMENT will otherwise remain in full force and effect and enforceable.
This TOS AGREEMENT is not assignable, transferable, or sublicensable except with TRIANGLE’s prior written consent. TRIANGLE may transfer, assign, or delegate this TOS AGREEMENT and its rights and obligations without consent. You agree that this TOS AGREEMENT is the complete and exclusive statement of the mutual understandingof the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subjectmatter of this TOS AGREEMENT, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.
No agency,partnership, joint venture, or employment is created as a result of this TOS AGREEMENT and you do not have any authority of any kind to bind TRIANGLE in anyrespect whatsoever. Headings for each section have been included above for yourconvenience, but such headings do not have any legal meaning, and may notaccurately reflect the content of the provisions they precede. This TOS AGREEMENT will beconstrued without regard to any presumption or rule requiring construction orinterpretation against the party drafting an instrument or causing anyinstrument to be drafted.
9.1 ARBITRATION; GOVERNING LAW
All disputes,claims, controversies and matters arising out of or relating to or inconnection with this TOS AGREEMENT or the breach, termination, enforcement,interpretation or validity hereof, or to the use of OUR SERVICES (collectively,“Disputes”), will be exclusively settled by binding arbitration administered bythe American Arbitration Association under its Commercial Arbitration Rules(“AAA Rules”), and judgment on the award rendered by the arbitrator(s) may beentered in any court having jurisdiction thereof. The arbitration will takeplace in Phoenix, Arizona, before a single neutral arbitrator appointed inaccordance with the AAA Rules and will be conducted in the English language.You acknowledge that by agreeing to arbitration as the exclusive forum for theresolution of all Disputes, you are waiving the right to a trial by jury.
Allarbitrations will be conducted and resolved on an individual basis and not aclass-wide, multiple plaintiff or similar basis. No arbitration will beconsolidated with any other arbitration proceeding involving any other personor entity.
9.2 LIMITATION ON LEGAL ACTION
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
9.3 TAXES
As applicable, you will be responsible for withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with OUR SERVICES.
9.4 TRIANGLE IS NOTAN ADVISOR
Youacknowledge and agree that TRIANGLE is not engaged in rendering legal, tax, orother professional services. If legal, tax, or other professional assistance isrequired, including but not limited to the review of agreements and forms madeavailable to you through OUR SERVICES, the services of a competent professionalshould be sought.
9.5 ENFORCEABILITY / SEVERABILITY
If any provision of this TOS AGREEMENT is found unlawful, void or for any reason unenforceable, then that provision will be deemed severable from this TOS AGREEMENT and will not affect the validity and enforceability of any remaining provisions. Our failure to enforce any of our rights or to act with respect toa breach by you or others of this TOS AGREEMENT does not constitute a waiver ofany rights and will not limit our rights with respect to that breach or any subsequent breaches. Should this TOS AGREEMENT be prohibited by law in any jurisdiction, the right to access OUR SERVICES is revoked in such jurisdictions.
9.6 HEADINGS
The headings appearing in this document are for reference purposes only and do not limit or otherwise affect the meaning or interpretation of any of the provisions here of.
9.7 THIRD PARTY BENEFICIARIES
Except as otherwise expressly set forth herein, the terms of this TOS AGREEMENT do notand are not intended to confer any rights or remedies upon any person other than the parties hereto.
10. APPLE DEVICE AND APPLICATIONTERMS
In the eventyou are using OUR SERVICES in connection with a device provided by Apple, Inc.(“Apple”) or a TRIANGLE application obtained through the Apple App Store, thefollowing will apply:
· Both you and TRIANGLE acknowledge that this TOS AGREEMENT is concluded between you and TRIANGLE only, and not with Apple, and that Apple is not responsible for OUR SERVICES, including TRIANGLE brand mobile applications or the content;
· TheApplication is licensed to you on a limited, non-exclusive, non-transferrable,non-sublicensable basis, solely to be used in connection with OUR SERVICE foryour private, personal, non-commercial use, subject to all the terms andconditions of this TOS AGREEMENT as they are applicable to OUR SERVICE;
· You will onlyuse OUR SERVICES, including TRIANGLE brand mobile applications in connectionwith an Apple device that you own or control;
· Youacknowledge and agree that Apple has no obligation whatsoever to furnish anymaintenance and support services with respect to OUR SERVICES, including TRIANGLE brand mobile applications;
· In the eventof any failure of OUR SERVICES, including TRIANGLE brand mobile applications toconform to any applicable warranty, including those implied by law, you maynotify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of OURSERVICES, including TRIANGLE brand mobile applications;
· You acknowledge and agree that TRIANGLE, and not Apple, is responsible for addressing anyclaims you or any third party may have in relation to OUR SERVICES, including TRIANGLE brand mobile applications;
· You acknowledge and agree that, in the event of any third party claim that OUR SERVICES, including TRIANGLE brand mobile applications, infringes that thirdparty’s intellectual property rights, TRIANGLE, and not Apple, will beresponsible for the investigation, defense, settlement and discharge of anysuch infringement claim;
· You representand warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terroristsupporting” country, and that you are not listed on any U.S. Government list ofprohibited or restricted parties;
· Both you and TRIANGLEacknowledge and agree that, in your use of OUR SERVICES, including TRIANGLEbrand mobile applications, you will comply with any applicable third partyterms of agreement which may affect or be affected by such use; and
· Both you and TRIANGLEacknowledge and agree that Apple and Apple’s subsidiaries are third partybeneficiaries of this TOS AGREEMENT, and that upon your acceptance of this TOSAGREEMENT, Apple will have the right (and will be deemed to have accepted theright) to enforce this TOS AGREEMENT against you as the third party beneficiaryhereof.
11. CONTACT
This TOS AGREEMENT is updated regularly. We will promptly make any changes available at LetsTriangle.com/TOS. Changes will be effective as soon as the updated policy is posted unless otherwise stated. Please review this TOSAGREEMENT and our PRIVACY POLICY periodically. If any modification or change to this policy is not acceptable to you, you should cease accessing, browsing, andotherwise using OUR SERVICES. Any rights not expressly granted by this TOS AGREEMENT are reserved by TRIANGLE.
Questionsabout this TOS AGREEMENT, or remarks or complaints about our privacy practices,can be directed to PrivacyandLegal@LetsTriangle.com. If you prefer written mail correspondence,please send any such mail as trackable, certified mail sent to Triangle (LS54 Ventures,LLC), Attn: PrivacyandLegal Officer, 9061 North 29th Street, Phoenix, Arizona85028.
For California residents, complaints regarding OUR SERVICES or requests to receivefurther information regarding use of OUR SERVICES may be sent to PrivacyandLegal@LetsTriangle.com. The Complaint Assistance Unit of theDivision of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N112,Sacramento, CA 95834 or by telephone at 916.445.1245 or 800.952.5210. Hearing impaired persons may call TDD 800.326.2297 or TDD 916.928.1227. Visitwww.dca.ca.gov for additional information.
This TOSAGREEMENT was last modified on June 25, 2022.
