Terms
ACCEPTANCE OF TERMS
Triage Corporation Ltd. (“Triage”) provides all Triage Services to you (“the user”) subject to the following Terms of Service (“TOS”) and the Disclaimer of Warranties (“DOW”), which may be updated by Triage from time to time without notice to you. You can review the most current version of the TOS and DOW at any time at: http://triagetrading.com/help/terms-of-service and http://triagetrading.com/help/disclaimers. By accessing and using the Triage Services, you accept and agree to be bound by the terms and provision of the TOS. In addition, when using particular Triage owned or operated services, you and Triage shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules (including but not limited to our Spam and Fair Use polices) are hereby incorporated by reference into the TOS. Triage may also offer other services that are governed by different Terms of Service. You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
DESCRIPTION OF FREE SERVICES
For free use (no fees) services or products, Triage Corporation may from time to time send you a communications, whether by email, fax, instant messenger, phone, sms, Twitter, Facebook or similar messaging networks. These communications can be system updates, company announcements or third-party and partner advertisements or notifications through Triage software installed on your computer. By using Triage free services you agree to receive such communications. You can at anytime contact us at support@triagetrading.com to opt-out of these notifications from our free use services and products.
DESCRIPTION OF TRIAGE SERVICES
Triage provides users with access to computer and web software and services, including without limitation to various communication tools, forums, content and programming through desktop and web based software and networks, which may be accessed through various mediums or devices now known or hereafter developed (the “Triage Services”). Unless explicitly stated otherwise, any new features that augment or enhance the current Triage Services, including the release of new Triage software, networks and websites, shall be subject to the TOS. You understand and agree that the Triage Services is provided “AS-IS” and that Triage assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications, content, data or personalization settings. Any financial, business or personal loss incurred because of message, information, communication and data delivery, non-delivery and bad, ill-advised, omitted or incorrect content through Triage Services or any connected networks or services, such as but not limited to telecom, Internet, local area networks, wide-area networks, third-party information and communication services, will be your responsibility, and you hold Triage and its subsidiaries, affiliates, directors, officers, agents, employees, partners and licensors harmless from any claim or demand arising from the late or non-delivery of any message, information, communication or data. You understand that the technical processing and transmission of the Triage Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You must be at least 18 years of age to use Triage Services.
TRIAGE PRIVACY POLICY
Triage is concerned about the privacy of all its users. Your content, information and messages are kept private, and Triage primarily uses your information for internal analysis, business planning and quality control. However, Triage neither guarantees or warrants the privacy of your data, content or personal and business information. Information sent through Triage Services (even that which is encrypted and secured) are relayed through various local, wide-area, telecommunications and internet networks. Because of such necessary distribution of information to reach you and your software, Triage is only able to exercise a reasonable amount of care once the data is processed on and sent from Triage’s company equipment and software. You understand that through your use of the Triage Services you consent to the collection and internal use (as set forth in the applicable privacy policy) of this information, including the transfer of this information to Hong Kong SAR, the United Kingdom, the United States and/or other countries for legal authorities upon warranted request, storage, network processing and use by Triage and its authorized partners, vendors and affiliates, such as but limited to telecommunications networks, commercial data centers and third-party information services. You also understand and agree that the Triage Services may include advertisements and that these advertisements may be necessary for Triage to provide the Triage Services. You also understand and agree that the Triage Services may include certain communications from Triage, such as service announcements, administrative messages, critical software alerts and the Triage Newsletter, and that these communications are considered part of Triage membership and you will not be able to opt out of receiving them without closing your Triage Services account(s).
USER ACCOUNT, PASSWORD AND SECURITY
You will select a password and account designation upon completing the Triage Service’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Triage of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Triage cannot and will not be liable for any loss or damage arising from your failure to comply.
USER CONDUCT
You understand that all information, data, text, software, audio, graphics, video, messages, tags, or other materials (“Content”) are the sole responsibility of the person from whom such Content originated. This means that you, and not Triage, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Triage Services. Triage does not control the Content posted via the Triage Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Triage 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 as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Triage Services. Further, you agree to not use the Triage Services to: 1) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; 2) harm minors in any way; 3) impersonate any person or entity, including, but not limited to, a Triage official, another user, or falsely state or otherwise misrepresent your affiliation with a person or entity; 4) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Triage Service; 5) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); 6) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party; 7) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose; 8 ) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 9) disrupt the normal flow of software or network usage, cause denial of service to any Triage servers (intentionally or unintentionally), or otherwise act in a manner that negatively affects other users’ ability to engage in real time messaging and information exchanges; 10) interfere with or disrupt the Triage Services or servers or networks connected to the Triage Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Triage Services, including using any device, software or routine to bypass our robot exclusion headers or information buffering or throttling policies; 11) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law, and similar regulatory rules of any country including, but not limited to Macau SAR, Singapore, the United Kingdom, France, Germany, Spain, Italy, Japan, China, Australia, New Zealand, Brazil or other applicable jurisdiction. 12) provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act, and similar anti-terrorism laws of any country including, but not limited to Macau SAR, Singapore, the United Kingdom, France, Germany, Spain, Italy, Japan, China, Australia, New Zealand, Brazil or other applicable jurisdiction; 13) “stalk” or otherwise harass another user or persons; and/or 14) collect or store personal data about other users in connection with the prohibited conduct and activities set forth in the paragraphs above. You acknowledge that Triage may or may not pre-screen Content, but that Triage and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Triage Services. Without limiting the foregoing, Triage and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Triage or submitted to Triage, including without limitation information in Triage Forums and in all other parts of the Triage Services. You acknowledge, consent and agree that Triage may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Triage, its employees, its users and the public. You understand that the Triage Services and software embodied within the Triage Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Triage and/or content providers who provide content to the Triage Services. You may not attempt to override or circumvent any of the usage rules embedded into the Triage Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Triage Services, in whole or in part, is strictly prohibited.
INTERCOUNTRY AND INTERSTATE NATURE OF COMMUNICATIONS ON TRIAGE NETWORK
When you register with Triage, you acknowledge that in using the Triage Services to send electronic communications (including but not limited to email, SMS, Telephone, FAX, pager, instant messengers), you will be causing communications to be sent through Triage’s computer networks, portions of which are located in California, Texas, New York, Hong Kong SAR, the United Kingdom, and other locations in the United States and portions of which are located abroad. As a result, and also as a result of Triage’s network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate or intracountry in nature can result in the transmission of interstate and intercountry communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this TOS, you acknowledge that use of the service results in interstate and intercountry data transmissions.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE AND EXPORT AND IMPORT COMPLIANCE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Use of the Triage Services and transfer, posting and uploading of information, software, technology, and other technical data via the Triage Services may be subject to the export and import laws of the United States, Hong Kong SAR, the United Kingdom and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, you: (a) represent that you are not a party identified on any government export exclusion list, including but not limited to the U.S. Denied Persons, Entity, and Specially Designated Nationals Lists, Inter Pol wanted lists, nor will you transfer software, technology, and other technical data via the Triage Services to parties identified on such lists; (b) agree not to use the Triage Services for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws; (c) agree not to transfer, upload, or post via the Triage Services any information software, technology or other technical data in violation of U.S., Hong Kong SAR or any other applicable government export or import laws.
CONTRIBUTIONS TO TRIAGE
By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to Triage through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Triage is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Triage shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Triage may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Triage without any obligation of Triage to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Triage under any circumstances.
INDEMNITY
You agree to indemnify and hold Triage and its subsidiaries, affiliates, directors, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the Triage Services, your use of the Triage Services, your connection to the Triage Services, your violation of the TOS, or your violation of any rights of another.
NO COMMERCIAL REUSE OF TRIAGE SERVICES
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Triage Services (including Content, advertisements, Software and your Triage ID).
GENERAL PRACTICES REGARDING FAIR USE AND STORAGE
You acknowledge that Triage may establish general practices and limits concerning use of the Triage Services, including without limitation the maximum number of days that messages, information or other uploaded Content will be retained by the Triage Services, the maximum number of email and instant messages that may be sent from or received by an account on the Triage Services, the maximum size of any message that may be sent from or received by an account on the Triage Services, the maximum disk space that will be allotted on Triage’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Triage Services in a given period of time. You agree that Triage has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Triage Services. You acknowledge that Triage reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Triage reserves the right to modify these general practices and limits from time to time. Triage Services are generally used for individual and enterprise messaging and information usage, and strictly not as a broadcast or mass mailing or messaging service. You shall not be limited (“unlimited”) to the number of messages you choose to send for e-mail and instant messaging services for the duration of your subscription (under the Triage Universal Messaging plans), but Triage may at its discretion buffer, throttle or disallow any excessive usage usually more than 10,000 instant messages per month and 3,000 e-mails per month, or if such activity impedes Triage’s or any other public or private information, communications or internet networks. Also, Triage may usually throttle more than 20 instant and e-mail messages a minute solely at Triage’s discretion. These limits described are only guidelines and Triage reserves the right to terminate your account or throttle your message send rate if your messaging and information usage activities disrupts the normal usage of other users on the Triage networks or other telecommunications and Internet networks and services regardless of the total number of messages you send. Triage generally will generally not throttle telephone calls, SMS short messages, FAX messages and pagers, but will terminate or throttle users whose activities affect various Triage, telecommunications and internet networks and services. Any spam, unsolicited advertising or similar activities using Triage Services deemed by Triage to be unwanted is strictly prohibited and will result in immediate termination of your account without recourse or refund to you, with or without notification to you. Triage reserves the right to limit programming support for your messaging issues for the duration of your subscriptions, and Triage may at its discretion disallow any requests that impact the support service of other Triage clients or partners, and may terminate your account and/or discontinue programming support and communications if excessive communications or disruptions occur between you and Triage support staff or partners. Triage reserves the right to change this fair usage policy at any time, whether for all users or just one or a subset of users. Changes shall become effective immediately regardless of publication of the revised version. Your continued use of your subscription shall constitute your acceptance to be bound by the terms and conditions of any revised fair usage policy.
THIRTY-DAYS MONEY BACK GUARANTEE
Triage offers a thirty (30) day money back guarantee (“guarantee”) for Starter Universal Messaging Plans (generally around $4.95, $9.95 and $16.95) after your initial sign-up. If you are dissatisfied with your service for any reason, you will receive a full refund, if you cancel your account within 30 days of the activation of your account and send us an e-mail message stating why you are terminating your account. The purpose of this guarantee is to lower your risk of trying out Triage Messaging services, but is not intended for users to create multiple accounts or resell services. The guarantee does not apply to any additional universal messaging credits or other services (including but not limited to Active User plans. If you would like to cancel your account for any reason, then please contact Triage billing department at (415) 671-6286 or email us at: support@triagetrading.com.
SERVICE COMMITMENTS AND SERVICE CREDITS
If the Annual Uptime Percentage for a user drops below 99.5% for the Service Year, that user is eligible to receive a Service Credit equal to 10% of their annual bill. To file a claim, a user does not have to have wait 365 days from the day they started using the service or 365 days from their last successful claim. A customer can file a claim any time their Annual Uptime Percentage over the trailing 365 days drops below 99.5%. Triage will apply any Service Credits only against future Triage Services, and only for amounts greater than $1 USD. Service Credits shall not entitle you to any refund or other payment. Service Credits may not be transferred or applied to any other account. Unless otherwise provided in the TOS, your sole and exclusive remedy for any unavailability or non-performance of Triage Services or other failure by Triage to provide up-time is the receipt of a Service Credit (if eligible) in accordance with the terms of this agreement or termination of your use of Triage Services. “Service Year” is the preceding 365 days from the date of a service claim. “Annual Uptime Percentage” is calculated by subtracting from 100% the percentage of 5 minute periods during the Service Year in which Triage Services were unavailable. If you have been using Triage Services for less than 365 days, your Service Year is still the preceding 365 days but any days prior to your use of the service will be deemed to have had 100% availability. Any downtime occurring prior to a successful Service Credit claim cannot be used for future claims. “Unavailable” means that all of Triage messaging or information services could not be connected to by any users during a five minute period due to Triage computer server down-time.
MODIFICATIONS TO TRIAGE SERVICES
Triage reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Triage Services (or any part thereof) with or without notice. You agree that Triage shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Triage Services (or any part thereof).
TERMINATION
You may terminate your Triage account, any associated email address and access to the Triage Services by submitting such termination request to Triage. You agree that Triage may, without prior notice, immediately terminate, limit your access to or suspend your Triage account, any associated email address, and access to the Triage Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Triage Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the Triage Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in Triage’s sole discretion and that Triage shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Triage Services. Termination of your Triage account includes any or all of the following: (a) removal of access to all or part of the offerings within the Triage Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the Triage Services.
TRIAGE’S PROPRIETARY RIGHTS
You acknowledge and agree that the Triage Services and any necessary software used in connection with the Triage Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Triage Services or by advertisers, affiliates or partners is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Triage or the applicable licensor (such as an advertiser or a third-party software vendor), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Triage Services, such Content or the Software, in whole or in part. Triage grants you a personal, non-transferable and non-exclusive right and license to use the compiled binary and script or object code of its Software on licensed computers; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Triage Services. You agree not to access the Triage Services by any means other than through the interface that is provided by Triage for use in accessing the Triage Services.
SPECIAL ADMONITION FOR TRIAGE SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Triage Services concerning companies, stock quotes, investments or securities, please read the above Sections again. They go doubly for you. In addition, for this type of information particularly, the phrase “Let the investor or trader beware” is apt. The Triage Services is provided for informational purposes only, and no Content included in the Triage Services is intended for trading or investing purposes. Triage and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Triage Services, and shall not be responsible or liable for any trading or investment decisions based on such information. If you do not agree to these terms then do not apply, register or purchase services from Triage.
NOTICE
Triage may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the Triage Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the Triage Services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Triage Services in an authorized manner.
GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and Triage and governs your use of the Triage Services, superseding any prior version of this TOS between you and Triage with respect to the Triage Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Triage services, affiliate services, third-party content or third-party software. Choice of Law and Forum. You and Triage each agree that the TOS and the relationship between the parties shall be governed by the laws of Hong Kong SAR without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and Triage, shall be brought exclusively in the courts located in the country of Hong Kong SAR. You and Triage agree to submit to the personal jurisdiction of the courts located within the country of Hong Kong SAR, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts. Waiver and Severability of Terms. The failure of Triage to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Triage Services or the TOS must be filed within six (6) months after such claim or cause of action arose or be forever barred.
Testimonial
The range of services Triage offers is amazing, and each one of these services has a very important role in the success of any Automated trading. The company as a whole is very proactive - continuously improving and adding to their products.
Their Customer Service is outstanding - they have always acted quickly to help with any questions or problems and they are always willing to improve their services based on Customers feedback. They have always been happy to discuss and address our needs.
Trader, New Zealand.
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+ No minimum contracts & no sign-up or cancellation fees.
+ Guaranteed no-risk 30-days refund policy.*
* We offer you a thirty (30) days money back guarantee. If you are dissatisfied with your service for any reason, you can request a full refund within the first 30 days of your purchase. [Note: This guarantee does not apply for call credits or installation service.]
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