Welcome to Triangle Health
Updated July 20, 2026
Welcome to the Triangle Health ("Us" or "Our" or "We") Website.
These Terms of Use ("Terms") are a legal contract between You and Us (collectively, "Everyone"). They govern Your use of all the text, data, information, software, graphics, photographs, and more. We and Our affiliates may make these items available to You. We call all of these "Materials." The Terms also govern any services ("Services") We may provide through any of Our websites. In these Terms, We call all of those websites this "Website."
In these Terms, "including" means "including but not limited to."
Each section below starts with a short summary marked "In short." These summaries are here to help You. They are not part of the contract terms. If a summary and the full section differ, the full section controls.
READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE. USING THIS WEBSITE MEANS THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THIS WEBSITE IF YOU DO NOT ACCEPT THESE TERMS.
NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION. THIS INCLUDES A CLASS ACTION WAIVER. IT AFFECTS YOUR RIGHTS UNDER THESE TERMS, AND FOR DISPUTES YOU MAY HAVE WITH US. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
CHANGES.
In short: We may change these Terms. We will post changes on this Website, and email registered users. If You keep using the Website, You accept the changes.
We may alter the Materials and Services We offer You. We may also modify, suspend, or discontinue this Website at any time, without notifying You. We may also change, update, add, or remove provisions of these Terms from time to time. We call these "modifications" or, simply, "changes." We will inform You of any changes. We will do this by posting them on this Website. If You have registered with Us, We will also describe the changes in an email. We will send it to the address You provided when You signed up. Your preferred email address may change at some point after You register. If so, You shall update it, so that We properly reach Your email inbox.
If You object to any changes, Your sole recourse is to stop using this Website. You may keep using this Website after notice of changes. If You do, You acknowledge and agree to be bound by them. Also, please know that these Terms may be superseded by expressly designated legal notices or terms on particular pages of this Website. Those notices or terms are incorporated into these Terms. They supersede the provisions of these Terms that are designated as superseded.
GENERAL USE.
In short: You must be at least 13 to use this Website. If You are under 18, You need a parent or guardian's permission. We give You a limited license to use Our content, for personal use only.
By using this Website, You promise that You are at least 13 years of age. If You are not yet 18 years old, You must have the permission of an adult to use this Website and agree to its Terms. That adult must be a parent or legal guardian. They must be willing to be responsible for Your use of this Website.
We invite You to use this Website for individual, consumer purposes ("Permitted Purposes") – enjoy!
In these Terms, We grant You a license to use and display the Materials. The license is limited, personal, non-exclusive, and non-transferable. Your right to use the Materials depends on Your compliance with these Terms. The Service may generate information based on Your User Submissions (defined below). We call this "User Generated Information." You have a license to use, reproduce, and retain User Generated Information. It applies in connection with Your use of the Service for Your Permitted Purposes. Except as expressly set out here, You have no other rights in this Website or any Materials. You may not modify, edit, copy, reproduce, or create derivative works of any of this Website or Materials. You also may not reverse engineer, alter, enhance, or in any way exploit them in any manner. If You make copies of any of this Website while engaging in Permitted Purposes, We ask that You keep all of Our copyright and other proprietary notices on the copies, as they appear on this Website.
Unfortunately, if You breach any of these Terms, the above license ends automatically. You must then immediately destroy any downloaded or printed Materials, and any copies of them.
MOBILE APPLICATIONS.
In short: You can use Our mobile app on one device, for personal use. You may not copy, change, or resell it. Apple and Google have their own added terms. They are not responsible for Our apps.
We make mobile apps available to access the Triangle Health Service via a mobile device. (Each is a "Mobile Application" or "Mobile App.") To use the Mobile App, You must have a mobile device that is compatible with the mobile service. We do not warrant that the Mobile App will be compatible with Your mobile device. We grant You a license to use an object code copy of the Mobile App. The license is non-exclusive, non-transferable, and revocable. This license covers one registered account on one mobile device that You alone own or lease. It is for Your personal use. You may not do any of the following.
-
Modify, disassemble, decompile, or reverse engineer the Mobile App. (This limit does not apply where the law expressly prohibits such a restriction.)
-
Rent, lease, loan, resell, sublicense, distribute, or otherwise transfer the Mobile App to any third party. The same applies to using the Mobile App to provide time sharing or similar services for any third party.
-
Make any copies of the Mobile App.
-
Remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Mobile App. The same applies to features that prevent or restrict use or copying of any content available through the Mobile App. It also applies to features that enforce limits on use of the Mobile App.
-
Delete the copyright and other proprietary rights notices on the Mobile App.
We may issue upgraded versions of the Mobile App from time to time. You acknowledge this. We may also automatically upgrade the version of the Mobile App on Your mobile device, electronically. You consent to such automatic upgrading on Your mobile device. You agree that these Terms will apply to all such upgrades. The above license grant is not a sale of the Mobile App or any copy of it. We and Our third party licensors or suppliers keep all right, title, and interest in and to the Mobile App. The same applies to any copy of it. Standard carrier data charges may apply to Your use of the Mobile App.
Some Mobile Apps We provide are designed for an Apple iOS-powered mobile device (each, an "iOS App"). The added terms below apply to them.
-
You acknowledge that these Terms are between You and Us only, and not with Apple, Inc. ("Apple").
-
Your use of Our iOS App must comply with Apple's App Store Terms of Service, as current at the time.
-
We, and not Apple, are solely responsible for Our iOS App and the Services and Content available on it. You acknowledge that Apple has no duty to provide maintenance and support services for Our iOS App. To the maximum extent the law allows, Apple will have no warranty duty at all for Our iOS App.
-
You agree that We, and not Apple, are responsible for addressing any claims by You or any third party relating to Our iOS App. The same applies to claims about Your possession and/or use of Our iOS App. This includes: (i) product liability claims; (ii) any claim that the iOS App fails to meet any legal or regulatory requirement that applies; and (iii) claims arising under consumer protection or similar laws. All such claims are governed solely by these Terms. The same applies to any law that applies to Us as provider of the iOS App.
-
A third party may claim that Our iOS App, or Your possession and use of it, infringes that party's intellectual property. You agree that We, and not Apple, shall be responsible for any such claim, to the extent these Terms require. This covers its investigation, defense, settlement, and discharge.
-
You represent and warrant both of the following. (i) You are not located in a country that is subject to a U.S. Government embargo, or that the U.S. Government has designated as a "terrorist supporting" country. (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
-
You agree to comply with all third party terms of agreement that apply when using Our iOS App. (For example, You must not violate Your wireless data service terms of agreement when using the iOS App.)
-
The parties agree that Apple and Apple's subsidiaries are third party beneficiaries of these Terms. This applies as the Terms relate to Your license of Our iOS App. Once You accept these Terms, Apple will have the right to enforce these Terms against You. This applies as the Terms relate to Your license of the iOS App. Apple will be deemed to have accepted that right, as a third party beneficiary.
Some Mobile Apps We provide are designed for an Android-powered mobile device (each, an "Android App"). The added terms below apply to them.
-
You acknowledge that these Terms are between You and Us only, and not with Google, Inc. ("Google").
-
Your use of Our Android App must comply with Google's Google Play Terms of Service, as current at the time.
-
Google is only a provider of the Android Market where You obtained the Android App. We, and not Google, are solely responsible for Our Android App and the Services and Content available on it. Google has no duty or liability to You for Our Android App or these Terms.
-
You acknowledge and agree that Google is a third party beneficiary of the Terms as they relate to Our Android App.
USING THIS WEBSITE AND THE WEBSITE'S SERVICES.
In short: You can browse this Website without an account. Some features need one.
We appreciate You visiting this Website. We allow You to do just that. Stop by and check it out at Your leisure, without even registering with Us!
However, some areas of this Website are password restricted. To access them, and to use certain Services and Materials offered on and through this Website, You must register an account with Us.
PASSWORD RESTRICTED AREAS OF THIS WEBSITE.
In short: To open an account, give Us a working email, Your name, and a username. Keep Your details accurate and Your password safe. Tell Us right away if Your account is breached.
If You want an account with Us, You must submit the details below through the account sign-up page on this Website.
-
A working email address.
-
First and last name.
-
Preferred username.
You may also provide added, optional details. These let Us give You a more customized experience on this Website. But We leave that decision with You. Once You submit the required sign-up details, We alone will decide whether to approve Your proposed account. If approved, You will get an email that explains how to finish signing up. Or You will be directed to an authorization flow that does so. For as long as You use the account, You agree to provide true, accurate, current, and complete details. You can do this by logging into Your account and making relevant changes directly. Or You can contact Us using the contact details below, and We can make the changes for You.
It is Your job to comply with these Terms when You access this Website. This is true whether You access it directly, or through any account You set up through or on this Website. It is Your account. So it is Your job to get and maintain all equipment and services needed to access and use this Website. It is also Your job to pay related charges. We may allow You to use a password from a third party site to access this Website. If so, it is Your responsibility to keep that password confidential. If You believe Your account or security for this Website has been breached in any way, You must notify Us immediately.
MEMBERSHIPS.
In short: Paid Memberships renew on their own each month or year, and We charge Your card. Fees are not refundable. You can cancel at any time. You keep Your benefits until the end of the period You paid for.
By registering for an account with Us, You become a "Member." Members can access certain password-restricted areas of the Website. They can also use certain Services and Materials offered on and through the Website (a "Membership"). Each Membership is personal and non-transferable. So are the rights and privileges provided to a Member. All sales and payments of Membership fees will be in US Dollars. All Membership fees are non-refundable under any circumstances.
We will charge You a fee for Your Membership. It will be the price posted on the Website on the date You register as a Member. We reserve the right to change prices for Memberships at any time. We do not provide price protection or refunds in the event of promotions or price decreases.
You may pay Your Membership fee only with credit and debit card payments. (We accept Visa, MasterCard, American Express, and Discover.) We will charge Your credit or debit card for Your first Membership fee. We will do so on the date We process Your order for Your Membership. Once Your card is charged the first Membership fee, You will get a confirmation email. It will tell You that You can now access the Membership-only portions of, and Materials on, the Website.
IMPORTANT NOTICE: WE WILL AUTOMATICALLY RENEW YOUR MEMBERSHIP EACH MONTH OR YEAR, DEPENDING ON YOUR MEMBERSHIP. RENEWAL HAPPENS ON THE SAME DAY OF THE MONTH OR YEAR AS THE DATE WE FIRST CHARGED YOUR CREDIT OR DEBIT CARD FOR THE FIRST MEMBERSHIP FEE. YOU AUTHORIZED THIS DURING THE MEMBERSHIP SIGN-UP PROCESS. AT RENEWAL, WE WILL CHARGE YOUR CREDIT OR DEBIT CARD THE MEMBERSHIP FEE THAT APPLIES, UNLESS YOU CANCEL BEFORE THAT DATE. WE WILL ALSO CHARGE ANY SALES OR SIMILAR TAXES IMPOSED ON YOUR MEMBERSHIP FEE PAYMENT. YOU MAY CANCEL YOUR MEMBERSHIP AT ANY TIME. TO DO SO, CANCEL ON THE WEBSITE OR CONTACT US AT SUPPORT@TRIANGLEHEALTH.COM. ANY MEMBERSHIP FEES CHARGED BEFORE THE EFFECTIVE DATE OF CANCELLATION WILL NOT BE REFUNDED, IN WHOLE OR IN PART. YOU WILL NOT BE ELIGIBLE FOR A PRO-RATED REFUND OF ANY PORTION OF THE MEMBERSHIP FEES PAID. THIS APPLIES TO ANY UNUSED DAYS OF THE THEN-CURRENT MEMBERSHIP TERM. WE REQUIRE A REASONABLE AMOUNT OF TIME TO PROCESS YOUR CANCELLATION REQUEST. IF YOU CANCEL, YOU WILL ENJOY YOUR MEMBERSHIP BENEFITS UNTIL THE END OF THE THEN-CURRENT MEMBERSHIP PERIOD FOR WHICH YOU HAVE PAID. YOUR MEMBERSHIP BENEFITS WILL EXPIRE AT THE END OF THAT PERIOD.
You are liable for paying all sales and use taxes that apply to Your Membership purchase. These taxes are based on the mailing address You give when You register as a Member. You authorize Us to charge Your credit or debit card for any such taxes.
We reserve the right to modify pricing at any time, upon advance notice to You. This does not change the price in effect for Your then-current Membership term. After You get notice of a price change, You have a specified time to cancel Your Membership or turn off the auto-renew function. If You do neither, Your Membership will auto-renew at the price in Your notice.
PAYMENTS.
In short: You agree to pay the fees for the Services You use. If Your payment fails or is late, We may suspend or close Your account. We do not give refunds.
You agree to pay all fees that apply to Your use of this Website and Our Services. These fees are described fully on app.trianglehealth.com/payment (Our "Payment Page"). We may suspend or terminate Your account, and/or Your access to Our Services and this Website, in two cases: (a) Your payment is late; or (b) Your offered payment method (e.g., credit card or PayPal account) cannot be processed. By providing a payment method, You expressly authorize Us to charge it the fees that apply. The same applies to taxes and other related charges, at regular intervals. All of these depend on Your particular membership and the services You use.
We understand that You might cancel Your account. But please know that We will not provide any refunds. You will be responsible for paying any balance due on the account. To make things less complicated, You agree that We may charge any unpaid fees to Your provided payment method. We may also, or instead, send You a bill for such unpaid fees.
ELECTRONIC COMMUNICATIONS.
In short: We will send You notices and other messages by email or other electronic means. These count as written notice.
By using the Website and/or its Services, You consent to receive electronic messages from Us. These may include notices about fees and charges that apply. They may also include transaction details, and other details about the Website and/or Services. These electronic messages are part of Your relationship with Us. We may send You notices, agreements, disclosures, or other messages electronically. You agree that doing so satisfies any legal requirement for such messages. This includes any requirement that they be in writing.
SMS TEXT MESSAGING
In short: If you give us your phone number, we may text you codes to sign in. Reply STOP to opt out, or HELP for help. Message and data rates may apply.
You may provide your mobile phone number to Triangle Health. If you do, you consent to receive SMS text messages from Triangle Health. These messages relate to authentication and access to your account.
Messages will be sent only when you explicitly request them (for example, to get a one-time verification code). Message frequency depends on your activity. It typically consists of one message per such request.
Message and data rates may apply. For support with SMS messaging, you may reply HELP or contact us at support@trianglehealth.com. To opt out of SMS messaging, you may reply STOP. After opting out, you will no longer receive SMS messages, unless you re-consent by requesting another verification code.
PRIVACY POLICY.
In short: Our Privacy Policy explains how We use the information You give Us. Please read it.
We respect the information You provide to Us. We want to be sure You fully understand exactly how We use that information. So, please review Our privacy policy at app.trianglehealth.com/privacy ("Privacy Policy"). It explains how We use the information You provide.
LINKS TO THIRD-PARTY SITES.
In short: We link to other companies' sites, but We do not control them. Use them at Your own risk. Check their terms and privacy policies.
We think links are convenient. We sometimes provide links on this Website to third party websites. If You use these links, You will leave this Website. We are not obligated to review any third party websites that You link to from this Website. We do not control any of the third party websites. We are not responsible for any of the third party websites, or the products, services, or content available through them. Thus, We do not endorse or make any representations about such third party websites. The same applies to any information, software, products, services, or materials found there. It also applies to any results that may come from using them. You may decide to access a third party website linked from this Website. If You do, You do this entirely at Your own risk. You must follow the privacy policies and terms and conditions for those third party websites. Certain areas of this Website may let You interact with one or more third party websites. You may also be able to do transactions with them. Where this applies, you may be able to set privacy settings in that third party website account. Those settings can permit sharing of Your activities on this Website. The sharing is with Your contacts in your third party site account.
SUBMISSIONS.
In short: You are responsible for what You submit. You give Us broad rights to use it, and We may share or remove it. Do not submit anything You want to keep private.
Certain areas of this Website may let You submit information, data, text, software, messages, or other materials. This includes medical information. We call each of these a "User Submission." You agree that You alone are responsible for all of Your User Submissions. You also agree that each User Submission is considered both non-confidential and non-proprietary. Further, We do not guarantee that You will be able to edit or delete any User Submission You have submitted.
By submitting any User Submission, You are promising Us all of the following.
-
You own all rights in Your User Submissions. This includes all rights to the reproduction and display of Your User Submissions. Or, in the alternative, You have acquired all rights needed in Your User Submissions. Those rights let You grant Us the rights in Your User Submissions described in these Terms.
-
You have paid, and will pay, in full all license fees, clearance fees, and other financial obligations, of any kind. This covers those arising from any use or commercial exploitation of Your User Submissions.
-
Your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights of any third party. The same applies to privacy rights, and any other legal or moral rights of any third party.
-
You voluntarily agree to waive all "moral rights" that You may have in Your User Submission.
-
You do not know any information in Your User Submission to be false, inaccurate, or misleading.
-
Your User Submission does not violate any law. This includes laws governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising.
-
Your User Submission is not, and may not reasonably be considered to be, any of the following: defamatory; libelous; hateful; racially, ethnically, religiously, or otherwise biased or offensive; unlawfully threatening; unlawfully harassing to any individual, partnership, or corporation; vulgar; pornographic; obscene; or invasive of another's privacy.
-
You were not, and will not be, compensated or granted any consideration by any third party for submitting Your User Submission.
-
Your User Submission does not use materials from a third party website. It also does not include addresses, email addresses, contact details, or phone numbers, other than Your own.
-
Your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files.
-
Your User Submission does not contain any information that You consider confidential, proprietary, or personal.
-
Your User Submission does not contain or constitute any unsolicited or unauthorized advertising or promotional materials. The same applies to junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
By submitting a User Submission, You grant Us a license. It is irrevocable, perpetual, transferable, non-exclusive, fully paid, worldwide, and royalty-free. It is sublicensable through multiple tiers. Under it, We may do the following.
-
Use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display Your User Submissions, or any modification of them. This applies in whole or in part, in any format or medium now known or later developed.
-
Use, and permit others to use, Your User Submission in any manner and for any purpose. We decide what is appropriate, in Our sole discretion. This includes commercial purposes. It also includes incorporating Your User Submission into any technology, product, or service. This applies to any modification of it too, in whole or in part.
-
Display advertisements in connection with Your User Submissions, and use Your User Submissions for advertising and promotional purposes.
We may pre-screen User Submissions. We may also monitor any area of this Website where User Submissions may be submitted. But We are not obligated to do either. We are not required to host, display, or distribute any User Submissions on or through this Website. We may remove or refuse any User Submissions at any time, for any reason. We are not responsible for any loss, theft, or damage of any kind to any User Submissions. Further, You agree that We may freely disclose Your User Submission to any third party. The recipient will have no obligation of confidence.
UNAUTHORIZED ACTIVITIES.
In short: Use this Website for personal purposes only. Do not misuse it. For example, do not hack, scrape, impersonate others, or break the law. If Your violation causes Us legal trouble, You pay for Our defense and damages.
To be clear, We authorize Your use of this Website only for Permitted Purposes. Any other use of this Website is prohibited. It therefore constitutes unauthorized use of this Website. This is because, as between You and Us, all rights in this Website remain Our property.
Unauthorized use of this Website may violate various United States and international copyright laws. You are not authorized to use this Website in any of the ways below. (These are examples only. The list is not a complete list of everything that You are not permitted to do.)
-
For any public or commercial purpose. This includes use of this Website on another site, or through a networked computer environment.
-
In a manner that modifies, publicly displays, publicly performs, reproduces, or distributes any of this Website.
-
In a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law.
-
To stalk, harass, or harm another individual.
-
To impersonate any person or entity, or otherwise misrepresent Your affiliation with a person or entity.
-
To interfere with or disrupt this Website, or servers or networks connected to this Website.
-
To use any data mining, robots, or similar data gathering or extraction methods in connection with this Website.
-
To attempt to gain unauthorized access to any portion of this Website. The same applies to any other accounts, computer systems, or networks connected to this Website. This covers hacking, password mining, or any other means.
If You violate these Terms, and that violation results in a problem for Us, You agree to hire lawyers to defend Us. You also agree to pay any damages that We may end up having to pay as a result of Your violation. You alone are responsible for any violation of these Terms by You. Some matters are otherwise subject to indemnification by You. We reserve the right to assume their exclusive defense and control. If We do, You agree to cooperate with Our defense of that claim.
PROPRIETARY RIGHTS.
In short: We own this Website and its content. Do not copy or reuse it without permission.
"Triangle Health" is a trademark that belongs to Us. Other trademarks, names, and logos on this Website are the property of their respective owners.
Unless these Terms say otherwise, all Materials are Our sole property. This includes their arrangement on this Website. Copyright © 2025, Triangle Health. All rights not expressly granted here are reserved. Any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited. It requires the express written consent of the copyright owner or license. This applies except as the law that applies otherwise requires or limits.
INTELLECTUAL PROPERTY INFRINGEMENT.
In short: If You think content on this Website infringes Your copyright, send a notice to Our agent listed below. Repeat infringers may lose their accounts.
We respect the intellectual property rights of others. We encourage You to do the same. So, We have a policy of removing User Submissions that violate the intellectual property rights of others. If a user uses this Website in violation of someone's intellectual property rights, We may suspend that user's access to this Website, or any portion of it. We may also, where appropriate, terminate that user's account.
Under Title 17 of the United States Code, Section 512, We have set up procedures for receiving written notice of claimed copyright infringement. We process such claims as that law requires. If You believe a user of this Website is infringing Your copyright or other intellectual property right, please provide written notice to Our Agent for notice of claims of infringement:
Arun Verma 530 South Lake Avenue Suite 209 Pasadena, CA 91101
To be sure the matter is handled immediately, Your written notice must include all of the following.
-
Contain Your physical or electronic signature.
-
Identify the copyrighted work or other intellectual property alleged to have been infringed.
-
Identify the allegedly infringing material precisely enough to allow Us to locate that material.
-
Contain enough information for Us to contact You (including postal address, telephone number, and email address).
-
Contain a statement that You have a good faith belief that the use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent, or the law.
-
Contain a statement that the information in the written notice is accurate.
-
Contain a statement, under penalty of perjury, about Your authority. It must say You are authorized to act on behalf of the copyright or other intellectual property right owner.
If the notice does not pertain to copyright or other intellectual property infringement, the Agent will be unable to address the listed concern.
Submitting a DMCA Counter-Notification
We may remove or disable access to copyright-protected material that You provided. If We do so under a validly received DMCA take-down notice, We will notify You. In response, You may provide Our Agent with a written counter-notification. It must include the items below.
1. Your physical or electronic signature.
2. Identification of the material that has been removed, or to which access has been disabled. Also the location where the material appeared before it was removed or access to it was disabled.
3. A statement from You, under penalty of perjury, that You have a good faith belief that the material was removed or disabled by mistake, or because it was misidentified.
4. Your name, physical address, and telephone number. Also a statement that You consent to the jurisdiction of a court for the judicial district where Your physical address is located. Your physical address may be outside of the United States. If so, You instead consent to the jurisdiction of any judicial district in which We may be located. Also a statement that You will accept service of process. You must accept it from the person who provided notice of allegedly infringing material, or an agent of that person.
Termination of Repeat Infringers
A user of this Website or Service may be the subject of repeated DMCA or other infringement notices. We reserve the right, in Our sole discretion, to terminate that user's account or access.
DISCLAIMER OF WARRANTIES.
In short: We provide this Website "as is." We do not promise it will be error free, secure, or always available.
THIS WEBSITE, THE MATERIALS, THE SERVICES, AND THE MOBILE APPLICATIONS ARE PROVIDED "AS IS" AND "WITH ALL FAULTS." THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF ANY OF THESE IS WITH YOU.
WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED, OR STATUTORY) FOR THIS WEBSITE. THIS INCLUDES ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY. IT ALSO INCLUDES WARRANTIES OF FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
THIS MEANS THAT WE DO NOT PROMISE YOU THAT THE WEBSITE, THE MATERIALS, THE SERVICES, OR THE MOBILE APPLICATIONS ARE FREE OF PROBLEMS. This does not limit the general force of the disclaimers above. We make no warranty that this Website will meet Your requirements. We make no warranty that this Website will be uninterrupted, timely, secure, or error free. We make no warranty that defects in this Website will be corrected. We make no warranty about the results that may come from the use of this Website. We make no warranty about the accuracy or reliability of any information obtained through this Website. You may get advice or information through this Website, or from Us or Our subsidiaries or other affiliated companies. Whether oral or written, it shall not create any warranty. We disclaim all equitable indemnities.
LIMITATION OF LIABILITY.
In short: If something goes wrong, Our legal liability to You is limited. The cap is $100 or the amount You paid Us, whichever is greater.
WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS WEBSITE. THE SAME APPLIES TO DAMAGES RESULTING FROM YOUR USE OF THE WEBSITE, THE SERVICES, AND/OR THE MOBILE APPLICATIONS. TO THE MAXIMUM EXTENT THE LAW ALLOWS, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS INCLUDES LOSS OF DATA, REVENUE, PROFITS, USE, OR OTHER ECONOMIC ADVANTAGE. IT APPLIES HOWEVER THE DAMAGES ARISE, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL OUR LIABILITY EXCEED THE GREATER OF (A) $100 AND (B) THE AMOUNTS YOU PAY US FOR USE OF, OR IN CONNECTION WITH, THE WEBSITE, SERVICES, AND/OR MOBILE APPLICATIONS.
LOCAL LAWS.
In short: We run this Website from the United States. If You use it elsewhere, You must follow Your local laws.
We control and operate this Website from Our headquarters in the United States. The entirety of this Website may not be appropriate or available for use in other locations. If You use this Website outside the United States, You alone are responsible for following the local laws that apply.
FEEDBACK.
In short: If You send Us ideas or suggestions, We can use them freely. We do not owe You credit or payment.
You may make submissions to Us — for example, comments, questions, suggestions, or materials — through any form of communication (e.g., call, fax, email). We call these, collectively, "Feedback." All Feedback will be treated as both non-confidential and non-proprietary.
Except as the law prohibits, you hereby assign to Us all right, title, and interest in the Feedback's contents. This covers any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback. This applies whether or not they are patentable. We are free to use them without any attribution or compensation to You. We may use them for any purpose. This includes developing, manufacturing, having manufactured, licensing, marketing, and selling products and services using such Feedback, directly or indirectly. The law may prohibit the assignment above. Where it does, you instead hereby grant Us a license to use and exploit all Feedback as We may decide, in Our sole discretion. That license is exclusive, transferable, worldwide, royalty-free, and fully paid up. It includes the right to sublicense. Despite the above, We are not obligated to use, display, reproduce, or distribute the Feedback's contents. This covers any ideas, know-how, concepts, or techniques in it. You understand and agree to this. You have no right to compel such use, display, reproduction, or distribution.
DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER.
In short: Most disputes with Us must go to binding arbitration, not court, and not as a class action. You can opt out of arbitration within 30 days of accepting these Terms. To do so, email legal@trianglehealth.com.
Please Read This Provision Carefully. It Affects Your Legal Rights.
This provision (the "Provision") helps resolve any dispute between You and Us in a prompt and efficient way. Here, "dispute" means any claim or controversy that may arise between You and Us. It covers claims based in contract, statute, regulation, ordinance, or tort. (Tort includes fraud, misrepresentation, fraudulent inducement, or negligence.) It also covers claims based on any other legal or equitable theory. It includes the validity, enforceability, or scope of this Provision. (One exception: the enforceability of the Class Action Waiver clause below.) In short, "dispute" is given the broadest meaning the law will enforce. It also includes claims against other parties relating to services or products provided or billed to You. (Examples: Our licensors, suppliers, dealers, or third party vendors.) This applies whenever You also assert claims against Us in the same proceeding.
This Provision provides that all disputes between You and Us shall be resolved by binding arbitration. This is because acceptance of these Terms waives Your right to litigate claims. It also waives all opportunity to be heard by a judge or jury. To be clear, there is no judge or jury in arbitration. Court review of an arbitration award is limited. The arbitrator must follow these Terms. The arbitrator can award the same damages and relief as a court, including attorney's fees. You may, however, opt out of this Provision. If You do, You would have a right or opportunity to bring claims in a court. That means before a judge or jury. You could also participate in, or be represented in, a case filed in court by others. This includes class actions. EVERYONE AGREES TO THE FOLLOWING, EXCEPT AS PROVIDED BELOW. ALL DISPUTES, AS DEFINED ABOVE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT. THIS WILL HAPPEN IN ACCORDANCE WITH THIS PROVISION. THIS APPLIES WHETHER THE DISPUTES EXIST NOW OR ARE BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE.
Pre-Arbitration Claim Resolution
This applies to all Disputes, whether pursued in court or arbitration. You must first give Us an opportunity to resolve the Dispute. To do this, You must first email Us at legal@trianglehealth.com with the items below. (1) Your name. (2) Your address. (3) A written description of Your Claim. (4) A description of the specific relief You seek. If We do not resolve the Dispute within 45 days after receiving Your notice, then You may pursue Your Dispute in arbitration. You may pursue Your Dispute in a court only under the circumstances described below.
Exclusions from Arbitration/Right to Opt Out.
Despite the above, You or We may choose to pursue a Dispute in court, and not by arbitration, in two cases. (a) The dispute qualifies for initiation in small claims court. (b) YOU OPT OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS (the "Opt-Out Deadline"). You may opt out of this Provision by emailing Us at legal@trianglehealth.com with the items below. (1) Your name. (2) Your address. (3) A clear statement that You do not wish to resolve disputes with Us through arbitration. Either way, We will not take any decision You make personally. In fact, We promise that Your decision to opt out of this Arbitration Provision will have no adverse effect on Your relationship with Us. But We do have to enforce the Opt-Out Deadline. So keep in mind: any opt-out request received after the Opt-Out Deadline will not be valid. You must then pursue Your dispute in arbitration or small claims court.
Arbitration Procedures
If this Provision applies, and the dispute is not resolved as provided above (Pre-Arbitration Claim Resolution), either You or We may start arbitration. The American Arbitration Association ("AAA"), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all disputes. The arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration only. It shall in no event be commenced as a class arbitration. The same bar applies to a consolidated or representative action or arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.
For arbitration before AAA: for Disputes of less than $75,000, the AAA's Supplementary Procedures for Consumer-Related Disputes will apply. For Disputes involving $75,000 or more, the AAA's Commercial Arbitration Rules will apply. In either case, the AAA's Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS: the JAMS Comprehensive Arbitration Rules & Procedures will apply. So will the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs if it conflicts with the arbitration rules that apply. Under no circumstances will class action or representative procedures or rules apply to the arbitration.
This Website and these Terms concern interstate commerce. Because of this, the Federal Arbitration Act ("FAA") governs the arbitrability of all disputes. However, the arbitrator will apply the substantive law that applies, consistent with the FAA. The arbitrator will also apply the statute of limitations that applies. The same is true for any condition precedent to suit.
Arbitration Award – The arbitrator may award relief on an individual basis. This covers any relief that would be available under the law that applies. The arbitrator will not have the power to award relief to, against, or for the benefit of a non-party. A non-party is any person who is not a party to the proceeding. The arbitrator will make any award in writing. The arbitrator need not provide a statement of reasons, unless a party requests one or the law that applies requires it. The award will be final and binding on the parties, except for any right of appeal provided by the FAA or other law that applies. The award may be entered in any court that has jurisdiction over the parties, for purposes of enforcement.
Location of Arbitration – You or We may initiate arbitration in either California or the federal judicial district that includes Your billing address.
Payment of Arbitration Fees and Costs – We will pay all arbitration filing fees and AAA or JAMS hearing fees. We will also pay any arbitrator's hearing fees, costs, and expenses. For this to apply, You must place a request in writing before the arbitration starts. You must give Your written request to the arbitrator at or before the first evidentiary hearing in the arbitration. But You will still be responsible for all added fees and costs that You incur in the arbitration. These include attorneys' fees or expert witnesses. You may also recover fees and costs under the law that applies. In addition: You may provide notice and negotiate in good faith with Us. Do so as provided in the section above titled "Pre-Arbitration Claim Resolution." The arbitrator may then conclude that You are the prevailing party in the arbitration. If so, You will be entitled to recover reasonable attorney's fees and costs, as determined by the arbitrator.
Class Action Waiver
Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person's claims. The arbitrator also may not otherwise preside over any form of a class or representative proceeding or claims. (Examples: a class action, consolidated action, representative action, or private attorney general action.) There is one exception: both You and We specifically agree to do so, in writing, after the arbitration starts. You may choose to pursue Your Dispute in court by opting out of the Arbitration Provision, as specified above. If You do, this Class Action Waiver will not apply to You. Neither You, nor any other user of this Website, can be a class representative or class member. To be one, You must first have complied with the opt-out requirements above. The same applies to taking part in a class, consolidated, or representative proceeding in any other way.
No Judge or Jury in Arbitration
Arbitration does not involve a judge or jury. By entering into these Terms, You and We each give up the right to a jury trial. The same applies to a trial before a judge in a public court. You understand and agree to this. Without this Provision, You and We might have had a right or opportunity to bring disputes in a court, before a judge or jury. You and We might also have participated, or been represented, in a case filed in court by others. This includes class actions. Except as otherwise provided below, those rights are waived. Other rights that You would have if You went to court may be more limited, or may also be waived. (Examples: the right to appeal, and rights to certain types of discovery.)
Severability
A clause within this Provision (other than the Class Action Waiver clause above) may be found to be illegal or unenforceable. If so, that clause will be severed from this Provision. The remainder of the Provision will be given full force and effect. The Class Action Waiver clause itself may be found to be illegal or unenforceable. If so, this entire Provision will be unenforceable. The dispute will then be decided by a court.
Continuation
This Provision shall survive the termination of Your account with Us or Our affiliates. It shall also survive Your discontinued use of this Website. Despite any provision in these Terms to the contrary, We agree to the following. If We make any change to this Provision (other than a change to the Notice Address), You may reject that change. You may then require Us to adhere to the present language in this Provision, if a dispute between Us arises.
LANGUAGE.
The Parties have expressly required that these Terms, and all documents and notices related to them, be drafted in the English language.
GENERAL.
In short: The Federal Arbitration Act and California law govern these Terms. Court disputes, if any, happen in Santa Clara County, California. These Terms are Our entire agreement about this Website.
We think direct communication resolves most issues. If We feel that You are not complying with these Terms, We will tell You. We will even provide You with recommended corrective actions, because We value this relationship.
However, certain violations of these Terms may require immediate termination of Your access to this Website. This can happen without prior notice to You. We determine which violations qualify. The Federal Arbitration Act, California state law, and applicable U.S. federal law will govern these Terms. Choice of law and conflicts of law provisions do not apply. Foreign laws do not apply. Any disputes relating to these Terms or this Website will be heard in court. The courts are located in Santa Clara County, California. (Exception: disputes subject to arbitration, as described above.) Some of these Terms may be deemed inconsistent with the law that applies. If so, those terms shall be interpreted to reflect the intentions of the parties. No other terms will be modified. By choosing not to enforce any of these Terms, We are not waiving Our rights. These Terms are the entire agreement between You and Us. They therefore supersede all prior or contemporaneous negotiations, discussions, or agreements between Everyone about this Website. The following shall survive any termination of these Terms: the proprietary rights, disclaimer of warranties, representations made by You, indemnities, limitations of liability, and general provisions.
CALIFORNIA CONSUMER NOTICE.
In short: California users have consumer rights under state law. This section tells You how to reach Us and the State's consumer office.
This notice is required by California Civil Code Section 1789.3. California users are entitled to it. This Website and Service are provided by Triangle Health, 530 South Lake Avenue, Suite 209, Pasadena, CA 91101. You may have purchased something from the Website or through the Service. If so, a description of what You purchased is posted as part of the ordering process for this Website. So are relevant pricing details. (Please consult Your individual purchase confirmation email for the charges You incurred.) If You have a question or complaint about the Website or Service, please contact Customer Service at support@trianglehealth.com. You may also contact Us by writing Triangle Health, 530 South Lake Avenue, Suite 209, Pasadena, CA 91101. California residents may reach the Complaint Assistance Unit. It is part of the Division of Consumer Services of the California Department of Consumer Affairs. Write to 1625 North Market Blvd., Sacramento, CA 95834. Or call (916) 445-1254 or (800) 952-5210. Hearing Impaired: TDD (800) 326-2297 or TDD (916) 322-1700.
CONTACT US.
If You have any questions about these Terms, or need to contact Us for any reason, You can reach Us at
Email: support@trianglehealth.com Telephone: 626-225-3445 Address: 530 South Lake Avenue, Suite 209 Pasadena, CA 91101