Web Site Disclaimer

The Triakis Web site (the “Site”) is provided subject to the terms and conditions set forth below (the “Terms”), in addition to and not in limitation of the provisions of any other agreement You may enter into with Triakis (an “Agreement”).  Please read the Terms carefully.  YOUR ACCESS AND USE OF THE SITE IS SUBJECT TO ALL OF THE TERMS SET FORTH HEREIN, AND TRIAKIS HAS THE RIGHT TO TERMINATE YOUR ACCESS OR USE OF THE SITE AT ANY TIME. Triakis may modify these Terms from time to time and without notice, effective immediately upon posting on the Site.  Your continued access or use of the Site shall constitute acceptance of such modifications of the Terms.

 PRIVACY

Triakis respects the privacy of visitors to the Site. Please review our Privacy Policy for more information.  The Privacy Policy, as amended from time to time, is incorporated herein as a part of these Terms.

The Site is not directed at children under age 13.  Triakis values the privacy and safety of children who may visit the Site, and will not knowingly collect personally identifiable information from any child under the age of 13.

 COPYRIGHT

All text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, indexes, desktop tools, software and any other material or information used in connection with the Site (the “Triakis Content”); the selection, arrangement, and presentation of all Triakis Content (including information in the public domain); and the overall design of the Site are the property of Triakis and protected by U.S. and international copyright laws.  Triakis grants You a personal, non-transferable, non-exclusive limited license to access the Site and to download and print a single copy of Triakis Content from the Site solely for (a) Your personal, non-commercial use, and provided that You do not delete or modify any copyright or other proprietary notices therefrom; or (b) as expressly permitted under any Agreement currently in effect between You and Triakis .  Any other copying, use, distribution or modification of Triakis Content or any other property of Triakis , whether in electronic or hard copy form, is strictly prohibited without the express prior written permission of Triakis .

You may not frame any Triakis Content, or use any trademark, logo or other proprietary information on the Site, without Triakis ’s express written consent.  You may not use Triakis ’s name or trademarks in any meta-tags or other hidden text without the express written consent of Triakis . You may link to the Site for non-commercial purposes only.  Triakis reserves the right to demand You remove any such link at time, for any or no reason, and at Triakis ’s sole discretion.

 VISITOR CONTENT

Some parts of the Site may allow You to post, or to e-mail to Triakis , materials or information (including recommendations or suggestions for new or improved products or services) (“Visitor Content”); or to access or use Visitor Content posted or e-mailed by other visitors to the Site.  Should You post or e-mail any Visitor Content, You grant Triakis a worldwide, nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable license to (a) use, distribute, display, reproduce, modify, perform, preserve and create derivative works of all such Visitor Content in any media now known or hereafter developed; and (b) use the name under which You submit such Visitor Content in connection therewith, at Triakis ’s sole discretion.  Triakis cannot guarantee the confidentiality or security of any information or materials You provide or submit by e-mail or any other electronic communication.  If You wish to provide personal or confidential information to Triakis, please contact Triakis for information on the best manner of providing such information.

You agree not to submit or post any material or information which is illegal, obscene, threatening, defamatory, invasive of privacy, or infringing of intellectual property or other proprietary rights of any person or entity, or which contains software viruses, corrupted data, cancel bots, commercial solicitations, or mass mailings or any form of “spam.”  You further agree not to use a false e-mail address or to impersonate any person or otherwise mislead as to the origin of any material or information You submit or post.

You acknowledge that communication via the Internet may use potentially unsecure computers and links and that data may be lost, or intercepted by unauthorized parties during such transmission.  You agree that Triakis shall have no liability whatsoever in connection with such lost or intercepted data.

Triakis has the right, but not the obligation, to review, remove or edit all Visitor Content at Triakis ’s sole discretion.  Triakis has no responsibility and assumes no liability for Visitor Content posted by You or any other party.

 COPYRIGHT INFRINGEMENT

If You believe any Triakis Content or any other content on the Site infringes any person’s copyright interest, please provide the following information, in writing and signed by You, to Triakis Copyright Agent at the address listed below:

 ·         A description of the allegedly infringing content, and of the copyrighted work which You believe is infringed, including an assertion that You either own such copyright interest, or are the authorized agent of the owner.

 ·         Your address, telephone number and e-mail address.

 ·         Your statement that all information You have provided is accurate and that You have a good-faith belief that the use of the disputed content is not authorized by the copyright owner, its agent or by law.

 Triakis Copyright Agent

Garvey, Schubert & Barer
Second & Seneca Building 18th Floor
1191 Second Avenue
Seattle, Washington 98101-2939

 TRADEMARKS

Triakis and their accompanying logos are the exclusive trademarks or servicemarks of Triakis , including without limitation the “look and feel” of the Site and the color combinations, layout and other graphical elements of the site.  You may not use Triakis ’s trademarks in any manner without the express, written permission of Triakis .  Other product and company names which appear on the Site may be subject to trademark or other rights of other parties.

 USE OF THE SITE

You are solely responsible for obtaining and maintaining all telephone, hardware, software and other equipment necessary to access and use the Site, including all related expenses.  In addition, You are solely responsible for maintaining the confidentiality of any password or other security measure You use in connection with the Site, and agree to notify Triakis immediately of any unauthorized use of Your password or other security measure.

You agree not to use the Site in any manner so as to (a) adversely affect the Site’s resources or the availability of the Site to others; (b) violate any local, state, national or international law, including without limitation laws regarding the export of data from the United States or the country in which You reside; or (c) delete or revise any content on the Site.  You further agree not to use the Site to harass any other person or to collect or store personal information about other visitors.

You understand and agree that transmission of data by electronic means is subject to interception or loss outside of Triakis ’s control, and that Triakis shall have no liability whatsoever for failure of electronic or mechanical equipment or communication, telephone or other connection problems, computer viruses, unauthorized access or interception of data on the Site, theft, or errors.

 LINKING

Triakis has no control over other Web sites or other resources accessed through links on the Site.  Any such links are provided for Your convenience only, and do not constitute an endorsement of the linked site(s) or content by Triakis .  Triakis makes no guarantees and disclaims any implied representations or warranties about the accuracy, relevance, timeliness, completeness, or appropriateness of these sites, the information contained in them or the services they provide.  Triakis has no responsibility for any content, advertising, products or other material accessed through such links, and shall not be liable, directly or indirectly, for any damage or loss incurred by You or any third party in connection with Web sites or resources accessed through links on the Site.

 NO WARRANTY

Triakis DOES NOT WARRANT THAT ANY Triakis CONTENT, VISITOR CONTENT OR ANY OTHER CONTENT POSTED ON THE SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.  Triakis DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS OR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, NOR DOES Triakis MAKE ANY WARRANTY WHATSOEVER REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR ANY OTHER MATERIAL YOU OBTAIN THROUGH THE SITE. ALL CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE).

Triakis DOES NOT WARRANT THAT ANY CONTENT AVAILABLE FOR DOWNLOADING OR OTHERWISE OBTAINED THROUGH THE SITE IS FREE OF SOFTWARE VIRUSES, WORMS, TROJAN HORSES OR ANY OTHER CODE WITH CONTAMINATING OR DESTRUCTIVE PROPERTIES OR EFFECTS.  YOU ARE SOLELY RESPONSIBLE FOR SAFEGUARDING YOUR OWN DATA, EQUIPMENT AND SOFTWARE.

 LIMITATION OF LIABILITY

Triakis , AND IT’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, PARENTS AND SUBSIDIARIES, SHALL HAVE NO LIABILITY FOR ANY COST OR DAMAGE ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF OR INABILITY TO USE THE SITE OR ANY CONTENT, OR THE INTERCEPTION OF LOSS OF ANY DATA TRANSMITTED TO OR FROM THE SITE.  IT IS YOUR SOLE RESPONSIBILITY TO EVALUATE THE MATERIAL, DATA AND ALL OTHER CONTENT PROVIDED ON THE SITE FOR ACCURACY, COMPLETENESS AND USEFULLNESS.

Triakis AND IT’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, PARENTS AND SUBSIDIARIES, SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE WHATSOEVER, INCLUDING BUT NOT LIMITED TO INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA AND THE LIKE) ARISING OUT OF YOUR USE OF, OR INABILITY TO USE OR ACCESS THE SITE, OR ANY INFORMATION, DATA OR OTHER CONTENT PROVIDED ON THE SITE OR DOWNLOADED FROM THE SITE, OR ANY DELAY IN USE OR ACCESS TO THE SITE OR INFORMATION, DATA OR OTHER CONTENT PROVIDED ON THE SITE OR ANY CLAIM ARISING FROM OR RELATING TO ERRORS, OMISSIONS OR INACCURACIES IN THE MATERIALS, DATA OR OTHER CONTENT PROVIDED ON THE SITE OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF Triakis HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THEREFORE THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, Triakis ’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

THE LIMITATION OF LIABILITY SET FORTH ABOVE SHALL APPLY TO EVERY FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT, AND SHALL SURVIVE ANY BREACH OF THE TERMS OR ANY AGREEMENT, OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THE TERMS OR AN AGREEMENT OR ANY EXCLUSIVE REMEDY.

IN NO EVENT SHALL Triakis ’S LIABILITY EXCEED THE GREATER OF $50.00 OR THE AMOUNT ACTUALLY RECEIVED BY Triakis FROM YOU UNDER AN AGREEMENT IN THE SIX MONTH PERIOD PRIOR TO THE EVENT OR OCCURRENCE GIVING RISE TO SUCH LIABILITY.

 INDEMNITY

You agree that You are personally responsible for Your use of the Site, and further agree to indemnify, defend and hold harmless Triakis , its officers, directors, employees, agents, parents, subsidiaries, affiliates, and third party information providers from and against any loss, damage, or expense of any kind (including attorneys’ fees and costs) resulting from Your violation of any the Terms or Your use of or access to the Site, Your posting or e-mailing of Visitor Content, or Your violation of the rights of any third party.

 MISCELLANEOUS

These Terms, and any dispute that may arise between You and Triakis , shall be governed by and construed in accordance with the laws of the State of Washington, U.S.A., without regard to conflict of laws principles.  The Terms, as may be amended from time to time, set forth the entire understanding between You and Triakis as to the subject matter of the Terms, unless otherwise specifically provided under an Agreement, and supercede any prior agreements between You and Triakis , whether oral or written, as to the subject matter of the Terms.  You consent to the exclusive jurisdiction and venue in the courts of King County, Washington, U.S.A. for any all disputes arising out of or relating to the Terms and/or the Site.

If any provision of the Terms is found to be invalid or unenforceable, the remainder of the Terms shall remain in full force and effect, and all Terms shall be enforced to the fullest extent permitted by law.

No waiver or failure to assert any provision of the Terms shall be valid unless in writing and signed by an officer of Triakis .  Triakis may assign its rights and duties under the Terms to any party, at any time, and without notice to You.

All rights not expressly granted herein are reserved to Triakis .

Questions about these Terms or the Site?  Please contact Triakis.