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WEB SITE TERMS AND CONDITIONS OF USE Triangle Insider.com, LLC offers this Web site, including all information, software, products and services available from this Web site or offered as part of or in conjunction with this Web site (the "Web site"), to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated here. Triangle Insider.com, LLC reserves the right to make changes to these Terms and Conditions immediately by posting the changed Terms and Conditions in this location. Your continued use of the Web site constitutes your agreement to all such terms, conditions and notices, and any changes to the Terms and Conditions made by Triangle Insider.com, LLC. Personal and Noncommercial Use The Web site is for your personal and noncommercial use. As a condition to your continued use of the Web site, you warrant to Triangle Insider.com, LLC that you will not use the Web site for any purpose that is unlawful or prohibited by these terms and conditions of use. No Warranties USE THE WEB SITE AT YOUR OWN RISK. THIS WEB SITE IS PROVIDED TO YOU "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. Triangle Insider.com, LLC MAKES NO WARRANTY THAT ANY CONTENT CONTAINED ON THIS WEB SITE SATISFIES ANY APPLICABLE GOVERNMENT LAW, REGULATION OR REQUIREMENT. Neither Triangle Insider.com, LLC nor its employees, agents, third-party information providers, merchants, licensors or the like warrant that the Web site or its operation will be accurate, reliable, uninterrupted or error-free. No agent or representative has the authority to create any warranty regarding the Web site on behalf of Triangle Insider.com, LLC. Triangle Insider.com, LLC reserves the right to change or discontinue at any time any aspect or feature of the Web site. Exclusion of Liability UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL Triangle Insider.com, LLC OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, STORING OR DISTRIBUTING THE WEB SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, AND DAMAGES ARISING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF THE WEB SITE, DELAY OR INABILITY TO USE THE WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE WEB SITE, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY AGREE THAT NO LICENSOR, SUPPLIER OR INFORMATION PROVIDER TO Triangle Insider.com, LLC OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, OR ANY OF THEIR SUCCESSORS OR ASSIGNS, SHALL HAVE ANY LIABILITY TO YOU FOR ANY REASON OR UNDER ANY THEORY WHATSOEVER, BASED UPON THE INFORMATION PROVIDED ON OR THROUGH THE WEB SITE. Because some states do not permit the exclusion or limitation of liability for consequential or incidental damages, some or all of the above limitation may not apply to you. Indemnification You agree to defend, indemnify and hold Triangle Insider.com, LLC, its officers, directors, affiliated companies, employees and agents, licensors and suppliers harmless from and against any and all claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Triangle Insider.com, LLC site, or any content, product or service offered through the Triangle Insider.com, LLC site, in a manner that violates or is alleged to violate these Terms and Conditions. Triangle Insider.com, LLC shall provide notice to you of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding. Featured Links and Advertisements The Web site may contain hyperlinks to Web sites offered by parties other than Triangle Insider.com, LLC. Such hyperlinks are provided for your reference and convenience only. Triangle Insider.com, LLC does not control such other Web sites and is not responsible for their content; nor does Triangle Insider.com, LLC's inclusion of hyperlinks to such Web sites imply any endorsement of the material on such Web sites or any association with their operators. Unless otherwise specifically stated on this Web site, Triangle Insider.com, LLC does not endorse any product or service or make any representation regarding the reliability, quality or accuracy of any products or services featured in, or linked to, any advertisement appearing on this Web site.
Linking
Unless you are subsequently advised otherwise by Triangle Insider.com, LLC, you are hereby licensed to create hyperlinks to the content on the Web site, provided that the hyperlink accurately describes the content as it appears on the Web site. Triangle Insider.com, LLC reserves the right to revoke this license generally, or your right to use specific links, at any time, and may normally break any hyperlink after 14 days. Under no circumstances may you "frame" the Web site or any of its content or copy portions of the Web site to a server, except as part of an Internet service provider's incidental caching of pages. Each page within the Web site must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within the Web site. Software Available on Web Site Any software that is made available to download from this Web site is the copyrighted work of Triangle Insider.com, LLC and/or its suppliers. Your use of the software is governed by the terms of the End User License Agreement, if any, that accompanies or is included with the software. You may not install or use any software without first agreeing to the terms of such End User License Agreement. For any software not accompanied by an End User License Agreement, Triangle Insider.com, LLC hereby grants to you a personal, nontransferable, non-sublicensable license to use the software for viewing and other purposes within the scope of use of such software anticipated by Triangle Insider.com, LLC in accordance with these terms and conditions, and for no other purpose. Any such software is provided to you subject to the warranty and liability exclusions set forth in these terms and conditions.
Copyright
Except for material in the public domain under United States copyright law, all material contained on the Web site (including all software, HTML code, Java applets, Active X controls and other code) is protected by United States and foreign copyright laws. Except as otherwise expressly provided in these terms and conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained on the Web site without the prior consent of the copyright owner. None of the material contained on the Triangle Insider.com, LLC site may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of Triangle Insider.com, LLC. Violation of this provision may result in severe civil and criminal penalties.
You may make single copies of materials displayed on the Web site for your own personal and noncommercial use only, provided any copies include the copyright and other notices displayed with the materials on the Web site. You may not distribute such copies to others, whether or not for a charge or other consideration, without prior written permission from Triangle Insider.com, LLC or the copyright owner of the copied material. Requests to reproduce materials on the Web site for distribution or other purposes should be mailed to:
Triangle Insider.com, LLC
Email: webmaster@triangleinsider.com
Trademarks
"Triangle Insider.com, LLC" is a trademark or registered trademark of Triangle Insider.com, LLC licensed for use by Triangle Insider.com, LLC, and is protected by state and federal trademark laws. Other trademarks appear on the Web site with permission from their respective owners. Your unauthorized use of trademarks appearing on the Web site may constitute trademark infringement, which could subject you to substantial civil penalties.
Termination of Privileges
Triangle Insider.com, LLC reserves the right to terminate your privilege of using all or any portion of the Web site if you breach any of these terms and conditions of use. If Triangle Insider.com, LLC receives notice or otherwise discovers that you have posted material that infringes another party's copyright or trademark rights or violates another party's rights of privacy or publicity, Triangle Insider.com, LLC may terminate your access to the Web site, including all of your privileges or accounts that you may have established in connection with the Web site.
Copyright Infringement
Triangle Insider.com, LLC will not tolerate copyright infringement of any kind. Triangle Insider.com, LLC does not, however, monitor user-submitted materials for copyright infringement. If you believe that any material on the Web site infringes your copyright, you may seek to have the material removed by sending Triangle Insider.com, LLC notice that includes all of the following information:
- your full name, address and telephone number
- your e-mail address
- identification of the copyrighted work(s) that you believe is being infringed
- identification of the infringing material and information sufficient for Triangle Insider.com, LLC to locate the material
- your statement of good faith belief that (a) the material infringes your copyrights, (b) the information provided in the notice is accurate and (c) under penalty of perjury, you are authorized to act for the copyright owner
- your physical or electronic signature
Direct such notice to Triangle Insider.com, LLC designated agent for receiving copyright infringement notices:
Triangle Insider.com, LLC
Email: webmaster@triangleinsider.com Upon receipt of notice complying with the above requirements, Triangle Insider.com, LLC will act to remove infringing materials and, if applicable, send notice to the user that posted such materials on the Web site.
If Triangle Insider.com, LLC removes materials posted by you as a user due to alleged copyright infringement, you may seek to have the materials reinstated by notifying Triangle Insider.com, LLC's designated agent of the following information:
- your full name, address and telephone number
- your e-mail address
- identification of the material that has been removed or to which access has been disabled, including its location before it was removed or disabled
- your statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material
- your statement consenting to the jurisdiction of the Federal District Court for the district in which your address is located,
- your electronic signature
Upon receipt of a notice meeting the above requirements, Triangle Insider.com, LLC will send a copy of the notice to the copyright owner who initially claimed copyright infringement. Within 10 to 14 days following receipt of the notice, Triangle Insider.com, LLC will replace or enable access to the removed material unless Triangle Insider.com, LLC receives notice from the copyright owner who submitted the first notification that it has filed an action seeking a court order to restrain the user that posted the materials from engaging in infringing activity. Please note that parties who misrepresent that materials are infringing or were removed by mistake or misidentification are subject to substantial civil liability to Triangle Insider.com, LLC and/or the copyright owner or Web site user. User Content Triangle Insider.com, LLC may allow you to upload, post, transmit or otherwise provide content to Triangle Insider.com, LLC Web sites, including, but not limited to, photos, video, audio, comments, articles, blogs, forums and any other such communication in which you provide content to the Web site ("User Content"). You agree that you are solely responsible for your communications and any content you provide. Rules Governing User Content. In consideration for being allowed to post or contribute content, you agree that your failure to abide by the following rules in using the Web site shall constitute a material breach of these Terms and Conditions: - Do not disrespect the privacy and views of others, or use the service to stalk or harass another;
- Do not use or provide User Content for commercial purposes, including but not limited to the promotion of any specific goods or services;
- Do not provide User Content that is harmful to minors in any way;
- Do not provide obscene, profane, sexually explicit, libelous, slanderous, defamatory, harmful, threatening, illegal or knowingly false User Content;
- Do not provide User Content containing expressions of bigotry, racism or hate;
- Do not provide User Content encouraging conduct that may constitute or contribute to a criminal offense, give rise to civil liability or violate any national, state or local law, regulation or authority;
- Do not impersonate another person, or permit any other person or entity to use your identification to post or view User Content;
- Do not provide User Content that infringes on the copyright, trademark, patent, trade secret or other intellectual property rights of others;
- Do not provide User Content that violates the privacy or publicity rights of others;
- Do not provide User Content that supports or provides 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
- Do not provide User Content containing malicious code, including but not limited to computer viruses, Trojan horses, or other programs designed to disrupt, damage or restrict the use of any computer software or hardware or telecommunications equipment.
- Children may not use the Site if you are under thirteen (13) years of age.
Respect the Intellectual Property Rights of Others. You may not post or transmit content belonging to any person or party other than yourself, without the prior written consent of such owner. Simply because material is available on the Internet does not mean it is in the public domain. The vast majority of materials on the Internet are protected by copyright and trademark laws. Triangle Insider.com, LLC shall have the right, but not the obligation, to monitor any User Content areas of the Web site to determine compliance with these Terms and Conditions and any other operating rules that may be established by Triangle Insider.com, LLC from time to time. Triangle Insider.com, LLC's Right to Remove User Content. Triangle Insider.com, LLC does not assume any responsibility for the consequences of any user-generated or contributed content on the Triangle Insider.com, LLC site. If notified by a user of communications that are alleged not to conform to the rules set forth in this Section, Triangle Insider.com, LLC may investigate the allegation and determine in its sole discretion to remove or request the removal of the communications. Triangle Insider.com, LLC reserves the right to remove communications that fail to conform to these Terms and Conditions. In addition, Triangle Insider.com, LLC reserves the right (but is not obligated) to delete any User Content posted on the Triangle Insider.com, LLC site, regardless of whether such communications violate these Terms and Conditions.
Triangle Insider.com, LLC's Right to Use User Content. Triangle Insider.com, LLC reserves the right to record, re-purpose or re-publish User Content on its Web sites, newspapers, broadcast stations or other publishing forums. By posting User Content, you are granting to Triangle Insider.com, LLC and its licensees a worldwide, royalty-free, perpetual, non-exclusive and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any posting by you (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed. Responsibility for User Content. You agree to defend, indemnify and hold harmless Triangle Insider.com, LLC and its officers, directors, affiliated companies, employees, agents, licensors and suppliers, from and against any and all claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of any User-generated or Contributed Content or use by others of any User-generated or Contributed Content with respect to you, including, without limitation, any claim of libel, defamation, harassment, violation of rights of privacy or publicity, loss of service or infringement of intellectual property or other rights, or violation of these Terms and Conditions. NOTE TO USERS. Triangle Insider.com, LLC does not represent or guarantee the truthfulness, accuracy or reliability of any User Content or endorse any opinions expressed by such users. ANY RELIANCE UPON USER CONTENT IS AT YOUR OWN RISK. Termination of Privileges Triangle Insider.com, LLC reserves the right to terminate your privilege of using all or any portion of the Web site if you breach any of these terms and conditions of use. If Triangle Insider.com, LLC receives notice or otherwise discovers that you have posted material that infringes another party's copyright or trademark rights or violates another party's rights of privacy or publicity, Triangle Insider.com, LLC may terminate your access to the Web site, including all of your privileges or accounts that you may have established in connection with the Web site. General These Terms and Conditions (including the privacy policy attached hereto, which shall be deemed to be a part of these Terms and Conditions) constitute the entire agreement and understanding between you and Triangle Insider.com, LLC with respect to use of the Web site, superseding all prior or contemporaneous communications and/or proposals. These Terms and Conditions also are severable, and in the event any provision is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. Triangle Insider.com, LLC reserves the right to make changes to these Terms and Conditions immediately by posting the changed Terms and Conditions in this location. By continuing to use the Web site, you are agreeing to all changes made by Triangle Insider.com, LLC. A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings based upon or relating to use of the Web site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Jurisdiction
The Web site is controlled and operated by Triangle Insider.com, LLC from its principal office in Raleigh, NC, United States of America. Triangle Insider.com, LLC makes no representation that materials on the Web site are appropriate or available for use in other locations. Those who choose to access the Web site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Web site is not intended to subject Triangle Insider.com, LLC to the laws or jurisdiction of any state, country or territory other than North Carolina and the United States of America.
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