Service Agreement

Last updated August 17, 2023

This Service Agreement is made and entered into as of today (the “Effective Date”) by and between TRIPLEMARS LLP (“Triplemars” or “The Company”).
US limited liability partnership, with offices located at 20200 W. Dixie Hwy, Miami FL and the entity or individual (“Client”).
By signing up for the services as specified hereunder (“Services”) on Company’s official website (the “Website”), services provided exclusively by Triplemars, you are agreeing to be bound by the following terms and conditions (“Service Agreement”).
The Services offered by Triplemars under this Service Agreement includes various services to assist you in managing your online business.
By agreeing to this Service Agreement, you hereby allow Triplemars to access your account on any online platform, such as eBay, Amazon, Walmart, etc.
And handle it, including the performance of various actions on your behalf, tracking number upload, and any other functions allowed by the API of the destination website.
This Agreement shall automatically apply to any new features or tools added to the current Service.
Triplemars reserves the right to update and change the Service Agreement from time to time by posting updates and changes to the Triplemars website.
You are advised to check the Service Agreement from time to time for any updates or changes that may impact you, and you shall have no suit and/or claim and/or demand towards Triplemars or anyone on its behalf, regarding such updates in the Service Agreement.
This Service Agreement and any additional schedules attached hereto (collectively, this “Agreement”), including any updates or changes made to the Agreement as described above, constitute the entire agreement between the parties concerning the Client’s use of the Service. All schedules attached hereto are incorporated herein by reference.

This Agreement replaces and supersedes any prior verbal understandings, written communications, and representations.

Terms and Conditions

The Service performs arbitrage between Client’s online retail store (“Destination”) on any website supported by the platform and products sold on the source by identifying the prevailing prices for products on the destination that are sold for less on the source.
The Service locates products of interest on the source based on Client’s definitions, dynamically post content for applicable products into the Client’s destination store and the pricing agent automatically monitors competitor listings & inventory on variety of sources, and re-prices the items according to the determined pricing strategy, as defined by the client.
The system may update the listing page accordingly based upon pre-configured rules. It is the user’s responsibility to monitor the processes from time to time and update the data according to their needs.
It is the user’s responsibility to follow up on orders and purchases and to ensure that their accounts are connected to the system and are in good condition.
It is also the user’s responsibility to ensure that there is a balance in the source market for automated shopping.
When Client’s customers order a product from the Client’s Store, the Service transfer the customer’s information and Client’s payment to the source, and then the product will be drop-shipped to the customer from the source.
The client will select all relevant parameters applicable to the arbitrage such as product selection, (optional) required price differential between applicable products on the source and destination, and price competitiveness adjustments applicable to products offered through the Client’s destination Store.
The client agrees to the service software, as part of its requirement to stand out versus the same listings on the destination creates SEO optimized listing pages, this may change the listing pages with the Triplemars default template.
You can choose between several templates that will be used to create new listed items that are listed through Triplemars. The client agrees that all changes that are made through the system such as- pricing, images, templates, shipping policies, handling time, and any other listing parameter are subject to change by the system and Triplemars are not liable and not responsible to do any change back to the original parameters.

The Services

Balance services:
As a condition for using the Service, you must first charge the balance into your account at TRIPLEMARS.
Balance charging is done by PayPal or Payoneer payments. It is the user’s responsibility to load Balance in a timely manner to have sufficient funds for purchases.
Failure to maintain a sufficient balance on the account will result in the failure to place purchases. Users can submit a request to withdrawl their TRIPLEMARS balance at any time by contacting the TRIPLEMARS support team.
The withdraw will be completed once TRIPLEMARS has verified that the requesting party is free of debts for any of the services that were provided to the user by TRIPLEMARS.
Withdraw process time is three business days and a $10 fee will be charged.

Auto-reload payments:
Using reference transaction allows to automatically charge funds into the account when the account balance reaches an amount according to the user’s definition.

“Buy it for me” services:
In this service, TRIPLEMARS offers the client a solution for product sourcing/order fulfillment.
The client is required to connect their destination store (such as eBay etc.) to TRIPLEMARS.
Once an order is placed on the Client’s destination store, TRIPLEMARS purchases the product for the Client according to the latter’s demand. Purchase is made from a source defined by the client (Amazon, Walmart, etc.).
Payment for the purchase is made using the Client’s balance on TRIPLEMARS. It is the Client’s responsibility to ensure there is enough balance on their account at any time to fulfill their orders.
Failure to maintain a sufficient balance on the account will result in the failure to place purchases.
The service also includes return services. It is the Client’s responsibility to monitor the processes from time to time and update the data according to their needs.
It is the Client’s responsibility to follow up on orders and purchases and to ensure that their accounts are connected to the system and are in good condition.

TRIPLEMARS catalog:
this service allows our customers to enjoy access to a large variety of products sourced out from suppliers around the globe.
The identity of such suppliers shall not be reviled to the users of the service.
The suppliers of the products offered under the TRILEMARS catalog shall be responsible for all matters relating to the products and their supply, and which are not explicitly under TRIPLEMARS’s responsibility in accordance to this Service Agreement, including but not limited to issues relating to the supplier’s delivery and return policies, the product’s price, and quality, any defects to the products, the right relating to the products and any infringement thereof.
By agreeing to this Service Agreement, you hereby agree that TRIPLEMARS shall not be responsible and in no way liable, and you waive any claim and/or demand and/or argument against TRIPLEMARS, with regard to the matters which are under the supplier’s sole responsibility, as stated hereinabove.

Monitoring Services

TRIPLEMARS exercises its best efforts to monitor the price and availability of items accurately.
The user hereby waives any claim or complaint against TRIPLEMARS for any price or inventory monitoring inaccuracy, which may occur from time to time.

Tracking Number Auto-Update:
This service allows automatic updating of tracking numbers for items purchased on Amazon in Client’s eBay account.
The Service is provided through a third party, please see conditions in the “Third Party Services” clause of this Agreement. Additional fees apply.

Third-Party Services

TRIPLEMARS does not hold any product inventory and does not provide logistics services (storage, shipping, returns, etc.).
We will not be liable for the quality of products, lost or damaged packages, etc.
All of the above services are provided by a third party and are not under the control or responsibility of TRIPLEMARS in any way.
By agreeing to these Terms of Service, you declare that you will not have any claims against TRIPLEMARS for any third-party services provided by TRIPLEMARS.

Fees

Subscription fees are calculated and charged monthly and are non-refundable.
Fulfillment fees are charged from the Client’s TRIPLEMARS balance per transaction.
Service fees are indicated on the pricing page.
Triplemars Transaction Fees are charged from your Triplemars balance per transaction upon transaction completion.

The fees are as shown on our pricing page at- https://www.triplemars.com/pricing

At your request, we may upgrade your subscription plan.
Fees for the updated plan shall be charged on the date of registration for the plan.
Remaining fees from the previous plan, in case there are any, shall be deducted from the updated plan’s fees.
Items are counted and billed as long as they exist in the system, whether in “active”, “out of stock” or “ended” status.
Service pricing may vary from time to time.
You are advised to check the Service Agreement from time to time for any updates or changes that may impact you, and you shall have no suit and/or claim and/or demand towards Triplemars or anyone on its behalf, regarding such updates in the Service Agreement.

Termination of Subscription

It is the user’s sole responsibility to cancel the subscription in a timely manner.
TRIPLEMARS will not refund any subscription payments in part or in whole due to any reason or circumstances that led to the cancellation of the subscription.
Subscription cancellation will take effect at the end of the period that was purchased in the last payment.
Between the time of cancellation and the end of the payment period, the user will have access to use the purchased services in full.
In the event of a disconnection from the Service, we will credit the registered PayPal or Payoneer account on the Client’s account with the remaining balance, after completing all payments for orders made before termination.
Withdraw process time is three business days and a $10 fee will be charged.
Upon termination of the subscription, TRIPLEMARS will immediately discontinue all services on the account and the execution of all actions in the account will be solely the responsibility of the Client, including product purchase and returns.

Grant of Rights

Triplemars hereby grants Client a nonexclusive, non-transferable, non-sublicensable right to access and use the Service within the scope of use set forth in this Agreement during the term of this Agreement.
The client is responsible for all activities conducted under its User logins on the Service.
The client shall receive access to the most current version of the Service made available to Triplemars’ customers generally.

Communications

By signing this Agreement, you hereby grant Triplemars the right to transfer your contract and contact information.
Triplemars may send you information regarding new products and services and other marketing communications unless you notify Triplemars, as applicable, that you wish to opt-out of receiving such communications.
The client understands that even if it so opts out, it nevertheless will continue receiving system messages and other communications relating to the operation of Triplemars Services.

Listings

Listings are pre-defined to be listed on the destination with a no ending period and are subject to fees by the destination website.
By accepting this Agreement, you allow Triplemars to update items on your destination account as out of stock, allow listings to keep running with zero inventory.
You hereby understand that such listings can be charged for a fee monthly when listed with no time limit.
Triplemars will not be responsible for any damage or any loss of money as a result of the use of Triplemars system either in direct or indirect usage.
Triplemars is working with multiple third-party APIs, which can provide inaccurate data from time to time.
Your use of Triplemars and all its web program solutions is entirely at your own risk and you agree to take the risk of using Triplemars for managing your data, knowing it can fail to update or update wrong data, and you confirm that we will not be held liable for any losses that may result from using our software.

Ended items:
changing an item status from “active” to “ended” is done manually by the user.
Items in “ended” status are still billed by Triplemars.
Ended items Can be relisted though the Destination only, and cannot be relisted through Triplemars, unless listed as new items.

VERO:
The Verified Rights Owner (VeRO) program allows owners of intellectual property (IP) rights and their authorized representatives to report eBay listings that may infringe on those rights. VeRO embodies our commitment to provide a safe place to buy and sell, which respects property owners’ rights.
Listing VERO items is under your responsibility.
Triplemars will not be liable, in any case, for any result of VERO listings using the Triplemars system.
VERO Scan and find features – this feature does not ensure 100% VERO protection
Using this feature may result in the deletion of few or many listings.
Triplemars will not be liable for defects or losses caused as a result of the use of this tool.
An item that was tracked as a VERO item and was deleted as of a result, will change to “ended” status automatically.
The item however remains counted as a listing on Triplemars, which carries listing costs on Triplemars.

Financial Reports

The reports produced by the system are designed for the business overview.
Our reports are not a substitute for CPA reports.

Third parties on Triplemars

Any third-party service you use on Triplemars is under your full responsibility.
It is your responsibility to comply with the terms of use of the third parties.
By accepting this agreement, you agree to use Triplemars in legal and legit usage only.
Triplemars does not hold any product inventory and does not provide logistics services (storage, shipping, returns, etc.).
We will not be liable for the quality of products, lost or damaged packages, etc.
All of the above services are provided by a third party and are not under the control or responsibility of Triplemars in any way.
By agreeing to these Terms of Service, you declare that you will not have any claims against Triplemars for any third-party services provided by Triplemars.

Use of Data

Reports produced by TRIPLEMARS are designed to enable business overview.
TRIPLEMARS reports are not a substitute for tax reports.
All tax obligations that are applicable to you by law remain in effect and are not part of the Service provided by Triplemars.

Accounts

When you create an account, you also agree to maintain the security of your password and accept all risks of unauthorized access to your account.
Your account is personal and cannot be shared or forwarded to another person.
We may suspend your account on Triplemars if you do that.
Triplemars secures all your information and encrypts your passwords but is not responsible for any security issue on your account or data and you hereby waive any claim in this regard.
If you suspect any Service security breaches, please let us know as soon as possible.

User Account

To access certain features or functionalities of Triplemars Service, you will be required to become a registered user by way of choosing a unique username and choosing, or being assigned, a password (referred to as “User Account”).
During registration you are required to provide accurate, complete and current information about yourself as requested.
You may not choose a username, or provide other user information, that misrepresents you as another person or misleads others to think so.
The Company may, in its sole discretion, refuse to approve misleading or offensive usernames.
Unless permitted by your User Account type or expressly authorized by the Company, you may not create User Account primarily intended to promote a product or service or create multiple User Accounts.

Children under 18 years of age who would like to become a registered user, are required to have a parent or guardian review and complete the registration process, which may include age verification steps in addition to the standard process.
Any transmission of personally identifiable information by children is subject to the conditions of our Privacy Policy.
A parent or guardian of any user under 18 years of age who is a minor, shall be responsible for such user’s compliance with these Terms and shall be the person reading and accepting these Terms and making any representations and undertakings required hereunder.
By registering a User Account for yourself you hereby declare that you are over 18 years of age; by registering or assisting in the registration of a User Account for a user under 18 years of age, you hereby declare that you are such user’s parent or guardian and are over 18 years of age.
You are solely responsible for maintaining the safety of your password.
You understand and agree that any use made from your User Account shall be deemed to be made by you and you shall be solely liable for such use.

Payments & Taxes

Use of the Triplemars Website and/or Service is subject to payment.
The monthly payment is upfront and there will be no partial refund for any reason.
Prices may be revised at any time without notice. You are advised to check the Service Agreement from time to time for any updates or changes regarding the pricing of the Service. Payment is recurrent on a monthly basis.
Subscription will be automatically renewed at the end of the term unless you notify us otherwise by canceling the recurring payment on your personal settings page.
Cancellation may be subject to cancellation fees.
Please see the Website for more details.

We reserve the right to cancel any transaction that we have reason to believe to have been fraudulently made, including by unauthorized use of a credit card, debit card, or another payment method.
By registering to the Website, you expressly agree not to request a ‘chargeback’ of any fees or payments for said registration, and that no dispute with us will be raised with or adjudicated by the credit card company.
Rather, you agree to contact us directly to resolve the issue or obtain a refund pursuant to applicable law.

Keep your password secure.
You are fully responsible for all activity, liability, and damage resulting from your failure to maintain password confidentiality.
You agree to immediately notify us of any unauthorized use of your password or any breach of security.
You also agree that we cannot and will not be liable for any loss or damage arising from your failure to keep your password secure.
You agree not to provide your username and password information in combination to any other party other than us without our express written permission.
You must always keep your account information up-to-date and accurate, including a valid email address.

Credit Cards Payments:
Credit card transactions are processed through Checkout.com’s payments solutions.
Transaction details are examined and approved by Riskified.com, raising the level of safety on the site significantly and preventing fraud transactions.

Payoneer Reference transactions Service:
When placing a payment on Triplemars, a reference transaction ID is generated.
You can use the reference transaction ID later to initiate subsequent transactions.
As a merchant, we can use a reference transaction ID to capture future payments against a billing agreement.
The capture future payment transaction is a reference transaction.

Cancelling Payoneer Reference transactions Service:
You can choose to disconnect from the service at any time by clicking the “Disconnect Service” button on our WEBSITE.

Taxes:
You are solely responsible for any taxes on payments that you pay or obtain through the Website.
Amounts payable hereunder do not include any applicable taxes, which, if applicable, will be charged to and paid by the Client.
Taxes arising from sales of products from Client’s eBay Store are the sole responsibility of Client as the seller of such products.
We will deduct applicable charges and taxes from any payable amounts, that you may be required to pay by law.

No Abuse or Interference

Any use of the Website or of the Service other than the Intended Use and unless expressly authorized by the Company, constitutes a contravention of this Service Agreement.
You agree not to abuse, disrupt, or interfere with, the Service in any way, and not to violate this Agreement in any way, nor to allow use by others in such a way as to violate this Agreement.
In particular, but without limitation, you agree not to do any of the following: (i) use the Website or the Service to engage in any activity that constitutes competition with the Service or the Company; (ii) disguise yourself as the Company or any person or entity or misrepresent your affiliation with the Company or any person or entity, or to disguise or misrepresent the origin of any content posted to the Website or made available through the Service; (iii) interfere with the full and complete display of advertisements on the Website pages; (iv) use the Website or the Service as a forwarding service to another website or link to the Website using any non-standard linking method; (v) use any method to intercept or expropriate any system data or information from the Website without the express written permission of the Company; (vi) use any robot, spider, other automatic device, or manual process to crawl, index, or copy the Website web pages or the content contained herein without the express written permission of the Company; (vii) use the Website or the Service in any way to harass another person or entity in any way; (viii) gain unauthorized access to other computers or networks through hacking or other means, or compromise the security of any account or site, or make the unauthorized use of the username or password of another user; (ix) collect or store personal data, or solicit personal identifying information including passwords, about other Website users unless specifically authorized by such users; (x) transfer any information held by a third party without such party’s knowledge or consent; (xi) engage in any activity that interferes with or disrupts the operation of the Service servers or networks associated with the Service or places an undue burden on it or limits, negatively affects, or interferes with, other users’ ability to use the Service or the Website; (xii) make excessive or otherwise harmful automated use of the Website or the Service, including using scripts to add people to your list or to post or send comments; (xiii) transmit spam, bulk, “junk mail” or unsolicited communications, including in particular unsolicited advertising or promotional materials; conduct surveys, questionnaires, competitions, chain letters and “pyramid games/schemes,” or any other form of solicitation; (xiv) disseminate, publish or upload any material containing or transmitting software viruses of any kind (including “trojan horses” and “worms”) or any other computer code, file, program or routine designed to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information or damage, interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of any party; (xv) contravene any requirements, procedures, policies or regulations of networks associated with the Service.

Compliance with Laws

You hereby agree not to use Triplemars Service to engage in any activity that is unlawful under the laws of any jurisdiction to which you or the Company may be subject, or that violates any applicable local, state, national or international law.
You agree to comply with all applicable laws and rules regarding online conduct, acceptable content, and the transmission and export of technical data.
By signing this Agreement, you specifically agree not to do anything harmful to minors in any way, not to promote or provide instructional information about illegal activities, not to promote physical harm or injury against any individual, group or governmental entity, nor to promote any act of cruelty to animals.
Triplemars reserves the right to report any wrongdoing that the we may become aware of to the applicable government agencies or to take other appropriate action permitted by law.

Legal rights and intellectual property rights

Your User Account may enable you to add, create, upload, submit, distribute, or post content on the Website.
We do not claim ownership of any content of any kind (including, without limitation, information, data, text, sound, video, audio, music, logo, graphic image, picture, photograph, illustration, animation, sketch, simulation, software, computer code, application, format, protocol, database, interface, character, mark, symbol, icon, concept, know-how, technique or idea, or any combination, design, layout or presentation thereof) that you post, submit or make available for inclusion on the Website or through the Service (“User Content”).
By adding, creating, uploading, submitting, distributing, or posting any User Content on the Website or through the Service, you represent and warrant to us that: (i) you have all the rights necessary to post such User Content and to grant the license described below; (ii) such User Content does not infringe in any manner any right of or duty toward any third party (including, without limitation, any trademark, copyright, or another intellectual property right, any rights of publicity or privacy), does not violate any laws or regulations, and does not otherwise result in any consumer fraud, product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity; (iii) your User Content does not contain any information that you or any third party may consider confidential or proprietary; (iv) your User Content is not false or misleading.
To enable the Company to provide the Service, you hereby, by posting any User Content, grant the Company a worldwide perpetual irrevocable, royalty-free and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, create derivative works from, publicly perform, and publicly display your User Content (in whole or in part) in any format or medium now known or later developed. If any laws prevent such licensing, you agree never to make any claim against the Company for the use of User Content. You grant the Company or its sublicensees, at their option, the right to use the name that you submit in connection with such User Content.

Content Restriction

This Website and Services may be used by minors.
You agree that you are solely and fully responsible for any User Content in whatever form posted to the Website or through the Service from your User Account.
In particular, without limiting the Company’s discretion, you agree not to make any use of the Website or the Service to post or make available in any manner, including by way of the inclusion of any hyperlinks, any User Content that: (i) is unlawful, or promotes any activity that is unlawful, under the laws of any jurisdiction to which you or the Company may be subject; (ii) is harmful, threatening, advocating violence, harassing, defamatory, indecent or obscene (including without limitation any images or depictions of child abuse, child pornography, or minors engaged in sexual conduct or explicitly sexual situations) or otherwise unsuitable for minors; (iii) contains unauthorized disclosure of personal information or is invasive of any person’s privacy; (iv) infringes, including by way of improper or unauthorized hyperlinking, any party’s intellectual property rights, including in particular any patent, trademark, trade secret, copyright; (v) is protected against disclosure 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); (vi) is falsified, deceptive or misleading, including without limitation the use of forged headers or otherwise manipulated identifiers in order to disguise its origin, or lacking author attribution, copyright notice, or any other information necessary to avoid making it misleading; (vii) holds the Company or any of its affiliates, employees or shareholders up to public scorn.

Third-Party Content

The Company has no obligation to pre-screen or otherwise monitor any other third-party content, including User Content available on the Website or accessible through the Service.
The Company has no control over the content of any hyperlinked third-party websites and shall have no obligation to review the content of such sites.
The Company makes no representations or endorsements regarding the quality, safety, truth, accuracy, reliability, completeness, condition, or usefulness of any third-party content posted on the Website, hyperlinks to third-party websites outside of the Website, or any content posted on third-party websites.
The Company is, in particular, not liable for the terms and consequences of any commercial transaction concluded as a result of any advertisement or any professional advice placed on or available through the Website.
You agree that you must evaluate, and bear all risks associated with the use of any User Content or other third-party content or with the use of any third-party websites and if you choose to use such third-party sites, you shall be responsible for reviewing and complying with their terms of use.
You understand that by accessing certain areas of the Website, such as any forum, message-board, or chat-room, or using the Services otherwise than the Monitored Content, you may be exposed to content that is inaccurate, misleading, objectionable, offensive, indecent or otherwise inappropriate, especially for children.

Account Termination or Suspension

We reserve the right to close your account or take other appropriate actions if you violate the terms of this Agreement or any policies or terms on any Triplemars website in whole or in part.

We may modify or close your account for any reason or no reason at any time with or without prior notice, and without liability of any kind or nature to you or any third party.
We may also suspend your access to your account (including the funds in your account) if you (a) have violated these terms, (b) pose an unacceptable risk to us, or (c) provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct.
If your account is terminated for any reason or no reason you agree: (a) to immediately stop using your account; (b) that we reserve the right, but have no obligation, to delete your information and account data stored on our servers; and (c) that we shall not be liable to you or any third party for termination of your account or deletion of your information or account data.
You may terminate or close your account at any time.
Upon closure of an account, any pending transactions will be canceled, and we will erase your balance from your account and credit the registered PayPal on your account with the remaining balance.
Any funds that we are holding in custody for you at the time of closure, less any applicable fees, will be paid out to you.
If an investigation is pending at the time you close your account, we may hold your funds as described herein until such investigation is resolved.
If you are later determined to be entitled to some or all of the funds in dispute, we will release those funds to you.

Modifications to Service

The Company reserves the right, in its sole discretion and at any time, to modify, suspend or discontinue the Service or any part thereof, with or without notice to you, to remove any content whatsoever, and to restrict any activities, services or access thereto.
You agree that the Company shall have no liability for any damage that you experience, due to any modification, suspension, or discontinuance of the Service.
The Company shall have no liability for any scheduled or unplanned system outages, including due to any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Website and the Service, and in particular for the resulting unavailability of the Website, any resultant loss of data or any resultant delay or non-delivery of information.

Triplemars Intellectual Property

You acknowledge and agree that the Company owns all right, title and interest, including without limitation all intellectual property rights – meaning any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, any other proprietary rights and any applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide – in and to the Website and the Services, including the Website name and software used to operate the Website and the Services and including all content of the Website and the Services other than content owned by third parties, whether or not copyright notice has been included in relation to specific information.
The Website and all content thereof is protected by the United States and international copyright and trademark laws.
You acknowledge and agree that the Company’s name and the Company’s logo are owned by the Company, whether registered as trademarks of the Company or not.
You are not authorized to use the Company’s logo or name, or any other trademarks of the Company, whether registered or unregistered.
Ownership of all such trademarks and the goodwill associated therewith remains with Company.
Nothing in these terms, on the Website or in the Service shall be construed as granting any right or license with regard to any content, material, or trademark contained, used, or displayed on the Website or through the Service without the express prior written permission of the rights owner.
You hereby agree not to (i) copy, reprint, reproduce, publish, adapt, modify, translate, distribute, transmit, display, perform, prepare derivative works from, any parts of the Website or the Services or content appearing therein (except your User Content), in any form elsewhere, without the prior written consent of the Company; (ii) reproduce, decompile, reverse engineer, disassemble, modify, create derivative works from, or in any way attempt to derive source code from, the Service or related software or the Website or related software or content, in whole or in part; (iii) remove, obscure, or alter the Company’s copyright notice, trademarks, or other proprietary rights notices or legend contained within the Website or the Service. We specifically permit links to the Website from other websites.

Third-Party Intellectual Property

You acknowledge and agree that rights in any third-party content (including any content licensed by the Company, advertisements and User Content) presented to you through the Service or contained on the Website or in any other websites to which this Website links, including copyright, trademarks, logos, service marks, patents or other proprietary rights and any other intellectual property rights not owned by the Company, belong to their respective owners.
We respect the intellectual property rights of others and as our client you are obligated to do the same.
Triplemars has the right, in appropriate circumstances and at our discretion, to disable and/or close accounts, which are charged with infringing the copyrights or other intellectual property rights of others.

Privacy

Your privacy is important to us.
To the extent of certain limited information about you may be collected during your use of the Site, such collection shall be subject to the Company’s Privacy Policy.
Your use of the Service is subject to and shall be deemed to constitute your acceptance of the Company’s Privacy Policy.

Indemnification

You are solely responsible for your actions and for your User Account when using the Website and the Service.
You agree to indemnify, defend, and hold harmless the Company, its owners, subsidiaries, affiliates, officers, directors, employees, consultants, advisors, agents, and shareholders from and against any and all claims, demands, actions, damages, losses, costs, expenses, and fees (including reasonable attorneys’ fees), royalties and liabilities of any kind and of any nature that may be incurred as a result of or arising from or in connection with: (i) any information (including, without limitation, your User Content or any other content) posted on the Website or made available through the Service by you; (ii) your use of the Website or the Service; (iii) your violation of these Terms; (iv) your violation of any applicable laws; (v) your violation of any rights of any third party; (vi) any of the above made from your User Account.
The Company shall conduct its defense in any such third-party claim or proceeding in its sole discretion and you shall fully cooperate with the Company for such purpose.

Governing Law

The substantive laws of the State of Florida US shall govern the Terms of Use and the relationship between you and the Company and any other matter connected with, or deriving from, the Website or the Service, notwithstanding your actual place of residence.
The competent courts located in Florida, US shall have exclusive personal jurisdiction over any lawsuits arising from or relating to these Terms or your use of the Website or the Service and you hereby agree to submit to the exclusive personal jurisdiction of such courts for such purpose.
You agree that regardless of any statute or law to the contrary, but to the extent permitted by law, any claim or cause of action arising out of or related to use of the Website, the Service or these Terms must be filed within six (6) months after such claim or cause of action arose or it will be forever barred.

General Provisions

Entire Agreement:
These Terms of Use and any documents expressly incorporated by reference, including the Privacy Policy, constitute the entire agreement between you and the Company with respect to the subject matter hereof, and supersedes any other agreement, proposals and communications, written or oral, between the Company and you.
Unless otherwise specifically stated in writing, there are no other terms, conditions, or obligations between the parties relating to the use of the Website or the Service, other than those contained in these Terms.

Relationship:
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms between you and the Company.
The agreement pursuant to these Terms is between you and Company and is not intended to be for the benefit of any third party, and no third party shall have any right to enforce any term hereof.
If any dispute arises between you and any third party, you understand and agree that the Company is under no obligation to become involved and you hereby release the Company from any and all liability arising out of, or in any way related to, such disputes as set forth in the Limitation of Liability section hereinunder.

Headings:
The section headings in these Terms are for convenience only and have no legal or contractual effect.

Survival:
Any protection of intellectual property rights, any of your representations and warranties and any limitations on liability explicitly set forth herein, shall remain in full force and effect notwithstanding any termination of your use of the Service.

Severability:
If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, any other provisions of these Terms will continue in full force and effect and you agree that the court should endeavor to give maximum effect to the parties’ intentions as reflected in the provision.

Waiver:
Any waiver of any provision of these Terms will be effective only if made in writing and signed by the Company; any delay or failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Assignment:
You may not assign your rights or delegate your responsibilities hereunder without the express written permission of the Company.
The Company may, at any time, assign its rights or delegate its obligations hereunder without notice to you.

Disclaimers, Limitation of Liability and Indemnification

THE SERVICE AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN AS IS OR AS AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE. IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

Contact us

TRIPLEMARS LLP
20200 W. Dixie Hwy, STE 1005
Miami, FL 33180
USA
support@triplemars.com