TERMS OF USE

Last updated: June 21, 2017

Thank you for your interest in TrisQ. These Terms of Service (the “Terms”) govern the relationship between TrisQ (which this document may refer to as, “TrisQ” “us,” or “we”) and you regarding your use of the TrisQ social dating mobile app (the “Mobile App”), the TrisQApp.com website (the “Website”), and any other of TrisQ’s products or services used to facilitate your use of such services (collectively the “Service”).

 

Use of the Service is also governed by TrisQ’s Privacy Policy, the current version of which can be found at www.TrisQ.com/privacy-policy (the “Privacy Policy”), which is incorporated herein by reference.

 

IMPORTANT – PLEASE READ CAREFULLY – THESE TERMS CREATE A LEGALLY BINDING AGREEMENT WHICH GOVERNS YOUR USE OF THE SERVICE.  BY CREATING AN ACCOUNT (AS DEFINED BELOW) OR BY ACCESSING OR USING THE SERVICE OR ANY CONTENT OFFERED THROUGH THE MOBILE APP OR THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND, WITHOUT LIMITATION OR QUALIFICATION, BY THESE TERMS.  IF YOU DO NOT ACCEPT ANY OF THESE TERMS, YOU ARE PROHIBITED FROM USING THE SERVICE.  IF YOU WERE USING A BETA VERSION OR OTHER VERSION OF THE SERVICE OFFERED PRIOR TO YOUR ACCEPTANCE OF THESE TERMS, THESE TERMS ALSO APPLY TO YOUR PAST USE OF THAT BETA OR OTHER VERSION OF THE SERVICE.

 

As used in these Terms (and the Privacy Policy and any other policies that TrisQ may recommend), “User” means a user of the Service, “Other User” means another licensee or User of the Service, “All Users” means you and all Other Users, “Wing” means an Other User whom a User has identified as his or her Wing. Where applicable, “you” refers to both Users of the Services and their Wings, if any. A “Match” means that you and an Other User have selected each other or that one of your Wing’s and the Wing of an Other User have selected each other.

 

  1. Right, License and Restrictions.
    1. License Grant for Service.  Subject to your agreement to, and continuing compliance with, these Terms and any other relevant TrisQ policies, TrisQ grants you a non-exclusive, non-transferable, revocable limited right and license to access and use the Service.  
    2. Accounts and Access.  You must register for an account through the Service (an “Account”) in order to use the full features of the Service.  You must have a valid Facebook account prior to registering for an Account with the Service. An “Account Holder” means the person in whose name an Account is registered.  An individual must be at least 18 years of age to create an Account with the Service.
    3. Use of the Service.  The following provisions apply to your use of the Service:
      1. You agree to read and follow the TrisQ Community Guidelines, located at www.TrisQApp.com/Community;
      2. You may select up to three (3) Wings, but are not required to select any;
      3. A Wing must have an Account and be a User of the Mobile App;
      4. When there is a Match between you and an Other User, your respective Wings will have up to 72 hours to create a Match. If no Match is created between your respective Wings within the 72 hour period, or if you and the Other User mutually agree to waive the 72 hour period, you and the Other User may then elect to continue to interact without the presence of a Wing;
      5. All conversations between you and an Other User will be visible to all of your Wings who have a Match with the Wings of such Other User. In the event you and the Other User would like to take a conversation private, you must start a new conversation that does not include the Wings.   
    4. Restrictions on Use of the Service.  The following restrictions apply to the use of the Service:
      1. You accept full responsibility for any unauthorized use of the Service by parties not authorized to use your Account.  Additionally, you are responsible for any charges incurred by parties using your Account;
      2. You shall not create an Account using a false identity or false information, using a false Facebook account, or on behalf of someone other than yourself;
      3. Without first obtaining the written permission of TrisQ, you shall not register for an Account or in any way use the Service if TrisQ has removed, suspended, or otherwise terminated any Account registered by you, or on behalf of you or if TrisQ has notified you that you may not use the Service;
      4. You shall not use your Account to advertise, solicit or transmit any commercial advertisements, including chain letters, junk email or repetitive messages to anyone;
      5. You shall not use the Service to engage in any illegal conduct;
      6. You shall not rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account to anyone without TrisQ’s written permission; and
      7. You shall not do anything with any content you access through the Service that has been marked with restrictions or other instructions that is counter to such restrictions or other instructions.
    5. Account Information and Management.
      1. Information Provided When Setting Up Account.  When creating or updating an Account on the Service, you may be required to provide TrisQ with certain personal information, or allow TrisQ to gather certain information from your Facebook account,  which may include (but is not limited to) name, birth date, gender, email address, occupation or education, location, photos, and a short biography (“Account Information”).  Account Information will be held and used in accordance with the Privacy Policy.  You agree that you will supply accurate and complete Account Information to TrisQ, and that you will update such information when and as it changes.  You represent that to your knowledge, any Account Information that is provided via your sign-up to the Services via Facebook is accurate and that you are authorized to engage in setting up an Account and providing Account Information via Facebook.  
      2. Login Information.  During the Account creation process, you will be required to select a username and password (“Login Information”).  The following rules govern the security of your Login Information:
        1. You shall not share the Account or the Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account;
        2. In the event you become aware of, or reasonably suspect, any breach of security, including without limitation any loss, theft or unauthorized disclosure of the Login Information, you must immediately notify TrisQ and change the password on your Account;
        3. You are solely responsible for maintaining the confidentiality of the Login Information and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you; and
        4. You are responsible for anything that happens through your Account.
      3. Reclaiming Usernames.  TrisQ reserves the right to remove or reclaim any username at any time and for any reason or no reason, including but not limited to claims by a third party that a username violates the third party’s rights.
    6. License and Account Limitations and Prohibitions.
      1. General Effects of Violations.  Any use of the Service in violation of these Terms is strictly prohibited, can result in the immediate revocation of your limited license granted by Section 1, and may subject you to liability for violations of law.  TrisQ is permitted to list or restrict use of the Service for anyone who TrisQ reasonably believes has or will violate any applicable law when using the Service.  
      2. Activity Prohibitions.  You agree that you will not, under any circumstances:
        1. Engage in any act that TrisQ deems to be in conflict with the spirit or intent of the Service, including but not limited to circumventing or manipulating these Terms;
        2. Use the Service in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation;
        3. Solicit money from or offer to provide money to Other Users in exchange for acts or services of any nature;  
        4. Modify or cause to be modified any files or content that are used to offer the Service, without the express prior written consent of TrisQ;
        5. Disrupt, overburden, or aid or assist in the disruption or overburdening of (1) any computer or server used to offer or support the Service (each a “Server”) or (2) the use or enjoyment of the Service by any other person;
        6. Institute, assist or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service;
        7. Gain, or attempt to gain, unauthorized access to the Service, Accounts, Servers or networks connected to the Service by any means (including, but not limited to, circumventing or modifying, or encouraging or assisting any other person to circumvent or modify, any security, technology, device or software that is part of the Service);
        8. Post any information that is abusive, threatening, obscene, defamatory, disparaging, libelous or racially, sexually, religiously or otherwise objectionable or offensive;
        9. Post any information that contains nudity, excessive violence or offensive subject matter or that contains a link to such content;
        10. Harass, abuse, harm, or advocate or incite harassment, abuse or harm of another person or group of persons, including TrisQ employees or customer service representatives;
        11. Post, distribute or make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity or other right of any person or entity or impersonates any other person;
        12. Transmit unauthorized communications through the Service, including junk mail, chain letters, spam and any materials that promote malware, spyware and downloadable items;
        13. Interfere or attempt to interfere with the proper functioning of the Service or connect to or use the Service in any way not expressly permitted by these Terms;
        14. Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a Server or the Service, whether through the use of a network analyzer, packet sniffer or other device;
        15. Make any automated use of the Service or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure, as we determine in our sole discretion;
        16. Bypass any robot exclusion headers or other measures we take to  restrict access to the Service or use any software, technology or device to send content or messages, scrape, spider or crawl the Service, or harvest or manipulate data from, through, or relating to the Service;
        17. Use, facilitate, create or maintain any unauthorized connection to the Service, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate, any part of the Service or (2) any connection using programs, tools or software not expressly approved in writing by TrisQ;
        18. Copy, modify or distribute rights or content from any TrisQ site, including but not limited to content that contains or is protected by TrisQ’s copyrights or trademarks or use any method to copy or distribute the content of the Service, except as specifically allowed in these Terms;
        19. Solicit or attempt to solicit personal information from Other Users, other than from Users with whom you have an existing relationship and only in connection with a bona fide purpose for which the Service is intended;
        20. Collect, harvest or post anyone’s private information, including personally identifiable information (whether in text, image, video, or other form), identification documents or financial information through the Service; or
        21. Upload or transmit (or attempt to upload or to transmit), without TrisQ’s express written permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”).
    7. Suspension and Termination of Account and Service:
      1. FAILURE TO COMPLY.  WITHOUT LIMITING ANY OTHER REMEDIES, WE MAY, WITH OR WITHOUT NOTICE TO YOU, LIMIT, SUSPEND, TERMINATE, MODIFY OR DELETE YOUR ACCOUNT OR YOUR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF, IN OUR SOLE DISCRETION, YOU FAIL TO COMPLY WITH ANY OF THESE TERMS, OR IF YOUR ACCOUNT IS USED FOR ACTUAL OR SUSPECTED ILLEGAL ACTIVITY OR IMPROPER USE OF THE SERVICE. TRISQ SHALL BE UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY LOSSES OR ADVERSE RESULTS THAT ARE DUE TO THE SUSPENSION, TERMINATION, MODIFICATION, OR DELETION OF YOUR OR ANY ACCOUNT.
      2. IP INFRINGEMENT.  
        1. WITHOUT LIMITING ANY OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR SITES AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE ANY CONTENT AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT YOU ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES.  
        2. REPEAT INFRINGERS.  IN APPROPRIATE CIRCUMSTANCES IT IS OUR POLICY TO SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO ARE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
      3. Right to Cease Service.  TrisQ reserves the right to stop offering and/or supporting the Service or part of the Service at any time, at which point the license granted hereunder to you to use the Service or a part thereof will automatically terminate.  TrisQ shall not be required to provide refunds, benefits or other compensation to users in connection with such cessation of the Service or any part thereof.
      4. Termination of Account.  Termination of your Account can include disabling your access to the Service or any part thereof, including disabling access to any content that you or Other Users submitted.  You agree that if your Account is terminated, TrisQ will not be obligated to preserve, provide you access to, or provide copies of any content submitted to the Service relating to your Account, whether by you or an Other User.
      5. Cancellation of Account.  You may cancel your Account at any time by following the instructions in the Mobile App and on www.TrisQApp.com/account.
  2. Intellectual Property Ownership in the Service.  The Service, and all of its components and contents, (including without limitation any computer code, template content, pre-populated content, concepts, artwork, animations, sounds, musical compositions, audio-visual effects and text contained within) is owned by TrisQ or its licensors, and all of which material is protected by United States and international patent, copyright, trademark, trade secret, and other intellectual property laws.  Posted Content.
    1. Posted Content: “Posted Content” means any communications, videos, images, sounds, and all the material, data, and information that you upload, post, publish or transmit through the Service, including without limitation any comments you may make about content uploaded or transmitted by Other Users.  We may provide you with templates, pre-populated communications, or other content through the Service (“Template Content”) that you may distribute, use or modify as part of using our Service to communicate with Other Users in a manner consistent with the intended use of the Service.  You acknowledge that your use of any Template Content does not relieve you of any responsibilities or obligations under this Agreement.  By transmitting or submitting any Posted Content while using the Service, you affirm, represent and warrant that such transmission or submission: (a) is accurate and not confidential; (b) is not in violation of any applicable law, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the Posted Content; (c) will not, when TrisQ exercises rights in Posted Content granted under these Terms,  result in any infringement of the intellectual property rights of any third party or violate or misappropriate any rights of publicity or privacy for any third party; and (d) is free of viruses, adware, spyware, worms or other malicious code.  You further represent and warrant that you have all rights necessary to transmit Posted Content to TrisQ and to grant the rights in Posted Content granted to TrisQ under these Terms.
    2. Licenses to Posted Content: You hereby grant TrisQ a perpetual and irrevocable (other than as provided below), worldwide, fully paid-up and royalty free, non-exclusive, assignable, unlimited license and right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works of, manufacture, introduce into circulation, publish, distribute, sublicense, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way now known or in the future discovered, your Posted Content as well as all modified and derivative works thereof.  TrisQ will only exercise the rights granted in this Section 2.2 to offer or to facilitate the offering of Services.  To the extent permitted by applicable laws, you hereby waive any moral rights or any of your rights of publicity or privacy you may have in any Posted Content.  TrisQ will cease any further public display or distribution of any Posted Content if you use the features of the Service that permit you to indicate that certain Posted Content is to no longer be displayed or distributed to Other Users except TrisQ retains the right to display or distribute any Posted Content as necessary for TrisQ to fulfill its legal duties or in connection with bringing or defending any legal claims or actions that may arise now or in the future.
    3. Content Screening.
      1. Consent to Monitoring.  By entering into these Terms, you hereby provide your irrevocable consent to our monitoring and recording of your use of the Service.  You acknowledge and agree that you have no expectation of privacy vis a vis us or any of our service providers who provide services to us or you as part of the Service concerning the transmission of any information, including without limitation chat, text or voice communications.
      2. Options Regarding Posted Content.  TrisQ may reject, refuse to post or delete any or all Posted Content for any or no reason, including, but not limited to the reason that, in the sole judgment of TrisQ, the contents or posting or other use of such Posted Content in connection with the Service violates these Terms.
    4. User Interactions and Legal Problems; Releases.  You hereby release us, and our officers, directors, agents, subsidiaries, joint ventures and employees, from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute that arises between you and one or more Other Users. If you are a California resident, you acknowledge that you are aware of, and hereby waive your rights under the provisions of California Civil Code Section 1542, which provides: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
  3. Fees and Purchase Terms.  TrisQ reserves the right to charge fees for any parts of the Service that may have previously been offered without a fee.  You agree that TrisQ in the future may offer premium services as part of the Service that may require fees or additional fees.  TrisQ may revise the pricing for the goods and services offered through the Service at any time.  YOU ACKNOWLEDGE THAT TRISQ IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED PRODUCTS AND SERVICES WHEN YOUR ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
  4. Third Party Advertising.
    1. Third Party Advertisements.  You understand that the Service may feature advertisements from TrisQ or third parties.  The Privacy Policy addresses our disclosure of information for third party advertising.
    2. Links to Third Party Sites and Dealings with Advertisers.  TrisQ may provide links on the Service to third party websites or vendors who may invite you to participate in a promotional offer in return for receiving a benefit. TrisQ may receive compensation or other benefit from these third parties via relationships such as advertising, sponsorships, content placements, and affiliate marketing, without explicitly disclosing such relationships to Users. Any charges or obligations you incur in your dealings with these third parties are your responsibility.  TrisQ makes no representation or warranty regarding any content, goods, or services provided by any third party even if linked from our Service, and we will not be liable for any claim relating to any third party content, goods, or services.  The linked sites are not under the control of TrisQ and may collect data or solicit personal information from you.  TrisQ is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect.  Further, the inclusion of any link does not imply endorsement by TrisQ of these linked sites.
  5. Copyright Notices; Complaints.  It is TrisQ’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (the “DMCA”).  If you believe any materials accessible on or from the Service infringe your copyright, you may request removal of those materials (or access to them) from the Service by submitting written notification to our Copyright Agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the DMCA, the written notice (the “DMCA Notice”) must include substantially the following:  (a) Your physical or electronic signature; (b) Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Service, a representative list of such works; (c) Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material; (d) Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address); (e) A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law; (f) A statement that the information in the DMCA Notice is accurate; and (g) A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Our designated Copyright Agent to receive DMCA Notices is:  
  6. Updates to the Service.  You understand that the Service undergoes frequent changes.  TrisQ may require that you accept or only use updates to the Service in order to continue using the Service.  You acknowledge and agree that TrisQ may update the Service without notifying you.
  7. Disclaimer; Limitations; Waivers on Liability; Indemnification.
    1. Disclaimer of Warranties.
      1. SERVICE PROVIDED “AS IS”.  YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD THE SHORTER OF THIRTY (30) CALENDAR DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED).
      2. NO WARRANTY OF ERROR-FREE OPERATION.  WITHOUT LIMITING THE FOREGOING, NEITHER TRISQ NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, THIRD-PARTY SERVICE PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, “TRISQ PARTIES”) WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR DEVICE, COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICE.
      3. NO WARRANTY REGARDING ACCESS TO ACCOUNTS AND CONTENT.  TRISQ DOES NOT WARRANT THAT ALL CONTENT OR INFORMATION POSTED BY AN ACCOUNT HOLDER WILL REMAIN AVAILABLE AT ALL TIMES OR WILL NEVER BE DELETED, CORRUPTED OR OTHERWISE UNAVAILABLE. TRISQ DOES NOT WARRANT THAT THE SERVICE, ACCOUNT HOLDER INFORMATION OR ANY INFORMATION POSTED BY AN ACCOUNT HOLDER WILL BE KEPT FROM ANY PARTICULAR INDIVIDUAL OR ENTITY WHO EITHER HACKS OR ENGAGES IN UNAUTHORIZED ACCESS TO SUCH CONTENT OR INFORMATION OR IS MISTAKENLY GRANTED ACCESS BY TRISQ OR THROUGH THE SERVICE.
      4. NO WARRANTY REGARDING OTHER USERS.  TRISQ MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, WITH RESPECT TO OTHER USERS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO OTHER USERS’ PERSONALITY, MENTAL STATE, CRIMINAL RECORD, AGE, OCCUPATION, BIOGRAPHICAL INFORMATION, CONDUCT AND MARITAL STATUS. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. TRISQ DOES NOT CURRENTLY CONDUCT BACKGROUND CHECKS OR VERIFY THE STATEMENTS OF ITS USERS. YOU HAVE THE RESPONSIBILITY TO SCREEN ALL OTHER USERS WITH WHOM YOU WISH TO INTERACT THROUGH THE SERVICE. TRISQ MAKES NO WARRANTIES THAT ANY USER WILL ENTER INTO A RELATIONSHIP OF ANY KIND OR BE COMPATIBLE WITH ANY OTHER USER AS A RESULT OF USING THE SERVICE. NOTWITHSTANDING THE FOREGOING, TRISQ RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.  
    2. Limitations; Waivers of Liability.
      1. DISCLAIMER OF INDIRECT DAMAGES.  YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT THE TRISQ PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE.
      2. NOT RESPONSIBLE FOR THIRD PARTY CONDUCT.  YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE TRISQ PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE TRISQ PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. ALL statements and opinions expressed by other users are solely the opinions and the responsibility of the person or entity providing such statements and do not necessarily reflect the opinion of TrisQ. TRISQ IS not responsible or liable to you or any third party for the content or accuracy of any materials or statements provided by any third party.
      3. MONETARY LIMITATION OF LIABILITY.  UNDER NO CIRCUMSTANCES WILL THE TRISQ PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TRISQ IN THE NINETY (90) CALENDAR DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
      4. FAILURE TO PAY.  YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID TRISQ ANY AMOUNTS IN THE NINETY (90) CALENDAR DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH TRISQ IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
      5. DISCLAIMER MAY NOT BE APPLICABLE.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES.  THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THE SECTION MAY NOT APPLY TO YOU.
    3. Indemnification.  You agree to defend, indemnify, save, and hold the TrisQ Parties harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service, any violation by you of these Terms, or any breach of the representations, warranties and covenants made by you herein.  TrisQ reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify TrisQ and you agree to cooperate with TrisQ’s defense of these claims.  TrisQ will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.  You agree that the provisions in this Section will survive any termination of Terms, your Account or of the Service.
  8. Dispute Resolution.
    1. General.  If a dispute arises between you and TrisQ, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly.  Accordingly, you and TrisQ agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a “Claim”) in accordance with one of the subsections below or as we and you otherwise agree in writing.  Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to Customer Support.  We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.  Other than those matters listed in Section 8.2, you and TrisQ agree to seek resolution of the dispute only through arbitration of that dispute in accordance with the terms of this Section 8, and not litigate any dispute in court. Arbitration means that the dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury.
    2. Exclusions from Arbitration.  YOU AND TRISQ AGREE THAT ANY CLAIM FILED BY YOU OR BY TRISQ IN SMALL CLAIMS COURT OR BY TRISQ RELATED TO PROTECTION OF TRISQ’S OR ANY TRISQ LICENSOR’S INTELLECTUAL PROPERTY ARE NOT SUBJECT TO THE ARBITRATION TERMS CONTAINED IN THIS SECTION 8.
    3. RIGHT TO OPT OUT OF BINDING ARBITRATION AND CLASS ACTION WAIVER WITHIN 30 DAYS.  IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER IN THIS SECTION 8, YOU MUST NOTIFY TRISQ IN WRITING WITHIN THIRTY (30) DAYS OF THE DATE THAT YOU FIRST ACCEPT THIS AGREEMENT. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO TRISQ TERMS ADMINISTRATOR, AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, (3) YOUR USERNAME, AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH TRISQ THROUGH ARBITRATION.
    4. Class Action Waiver.  ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND TRISQ SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION.
    5. Initiation of Arbitration Proceeding; Selection of Arbitrator.  If you or TrisQ elect to resolve your dispute through arbitration, the party initiating the arbitration proceeding must initiate it with the American Arbitration Association (“AAA”).  The terms of this Section 8 will govern in the event they conflict with the arbitration rules identified below.
    6. Arbitration Procedures.  Because the software and/or service provided to you by TrisQ concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes.  However, applicable federal or state law may also apply to the substance of any disputes.  For claims of less than $75,000, the AAA’s Consumer Arbitration Rules shall apply; for claims over $75,000, the AAA’s Commercial Arbitration Rules and relevant fee schedules for non-class action proceedings shall apply.  The AAA rules are available at www.adr.org or by calling 1-800-778-7879.  Further, if your claims do not exceed $75,000 and you provided notice to, and negotiated in good faith with, TrisQ as described above, and if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorneys’ fees and costs as determined by the arbitrator, in addition to any rights to recover the same under controlling state or federal law afforded to TrisQ or you. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party.  Such award will be binding and final, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
    7. Location of Arbitration.  You or TrisQ may initiate arbitration in either Orange County, California or the county in which you reside.  If you initiate arbitration in the county of your residence, TrisQ may transfer the arbitration to Orange County, California provided that TrisQ agrees to pay any additional fees or costs you incur as a result of the change in location, as determined by the arbitrator.
    8. Severability.  If any clause within this Section 8 (other than the Class Action Waiver clause of Section 8.4) is found to be illegal or unenforceable, that clause will be severed from this Section 8 and the remainder of this Section 8 will be given full force and effect.  If the Class Action Waiver (Section 8.4) clause is found to be illegal or unenforceable, this entire Section 8, except for this Section 8.8, will be unenforceable and the dispute will be decided by a court and IN THAT INSTANCE, YOU AND TRISQ EACH WAIVE AND AGREE TO WAIVE ANY RIGHT TO TRIAL BY JURY, TO THE EXTENT ALLOWED BY LAW.
    9. Survival.  This Section 8 shall survive any termination of the Terms.
  9. General Provisions.
    1. Updates to the Terms and Privacy Policy.
      1. Right to Update.  TrisQ reserves the right, at our discretion, to change, modify, add or remove portions of these Terms and our Privacy Policy at any time by posting the amended Terms or Privacy Policy through the Service.  You may also be given additional notice, such as an email message or messaging within the Service, of any changes.  You will be deemed to have accepted such changes by continuing to use the Service.  Except as otherwise stated, all amended terms shall automatically be effective thirty (30) calendar days after they are initially posted.  TrisQ may also revise other policies, codes or rules at any time and the new versions will be available on www.TrisQ.com or in the Service.  No amendment to the Terms or Privacy Policy shall apply to any dispute of which TrisQ had actual notice before the date of the amendment.
      2. Seeking Consent.  If TrisQ revises these Terms or its Privacy Policy and seeks your consent to be bound by such revised Terms or revised Privacy Policy and you do not agree to be bound by such revised Terms or revised Privacy Policy before using the Service again, then notwithstanding anything to the contrary, TrisQ reserves the right to terminate your Account and use of the Service.
      3. Disagreement With Terms.  If at any time you do not agree to any provision of the then-current version of our Terms, the Privacy Policy or any other TrisQ policy, rule or code of conduct relating to your use of the Service, your right to use the Service will immediately terminate, and you must immediately stop using the Service.
      4. Conflict.  To the extent these Terms or the Privacy Policy conflict with any other TrisQ terms, policy, rule, or code of conduct, the provisions of these Terms and the Privacy Policy will prevail.
    2. Severability.  If any provision of these Terms or the Privacy Policy is found invalid, illegal, or unenforceable, in whole or in part, by any court of competent jurisdiction, such provision will, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity, illegality, or unenforceability without affecting the validity, legality, or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which will continue to be in full force and effect.
    3. Assignment.  TrisQ may assign any of its rights or delegate any of its obligations under these Terms, in whole or in part, to any person or entity at any time without your consent.  You may not assign or delegate any rights or obligations under the Terms without the prior written consent of TrisQ; any purported assignment or delegation in violation of this Section 9.3 is void.
    4. Supplemental Policies.  TrisQ may publish additional policies related to specific services such as forums, contests, or loyalty programs.  Your use, if any, of such services is subject to such specific policies and these Terms.
    5. Entire Agreement.  These Terms, together with any supplemental policies, the Privacy Policy, and any other documents expressly incorporated by reference herein, contain the entire agreement between TrisQ and you with respect to the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations and warranties of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent.
    6. No Waiver.  The failure of TrisQ to require or enforce strict performance by you of any provision of these Terms or the Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of TrisQ’s right to assert or rely upon any such provision or right in that or any other instance.  The express waiver by TrisQ of any provision, condition or requirement of these Terms or the Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.  Except as expressly and specifically set forth in these Terms, no representations, statements, consents, waivers or other acts or omissions by TrisQ shall be deemed a modification of these Terms nor legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of TrisQ.
    7. Notices.  We may notify you via postings on www.TrisQ.com and via email or any other communications means through contact information you provide to us.  All notices given by you or required from you under these Terms or the Privacy Policy shall be in writing and addressed to the email address in this Section 9.7.  Any notices that you provide without compliance with this Section 9.7 shall have no legal effect.
    8. Equitable Remedies.  You acknowledge that the rights granted and obligations made under these Terms to TrisQ are of a unique and irreplaceable nature, the loss of which shall irreparably harm TrisQ and which cannot be replaced by monetary damages alone, so that TrisQ shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.  You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 7.2.
    9. Force Majeure.  TrisQ shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of TrisQ, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond TrisQ’s control, such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, shortages of transportation facilities, fuel, energy, internet or network communication systems, labor or materials.
    10. Governing Law.  The Terms and Privacy Policy shall be governed by the laws of the State of California notwithstanding its conflict of laws provisions.