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<p>Thetriadmind.com™ understands the importance of protecting the privacy of thetriadmind.com™ users and account holders. As more fully described below, the information collected is used to market and improve the services we, our subsidiaries, and our affiliates offer; to improve the thetriadmind.com™ Web Site content and services; to contact you with updates to the Web Site; to carry out the transactions for which this site is provided; and, for other marketing purposes.
Upon receipt of any communication from thetriadmind.com™, you will have the opt-out option to decline to receive additional communications, information, and/or promotions including, without limitation, free informational newsletters from thetriadmind.com™ relating to topics that may be of special interest to you. Each mailing list will maintain separate records to allow you to receive only those items that you prefer.
We will not, without permission, give or sell confidential or personal information about our users to any third party not affiliated with a thetriadmind.com™ transaction, except as required by law or as necessary to provide thetriadmind.com™ services and content to our users. As we collect and use information about our users, however, we may contract with third party vendors to assist us in processing that information. These vendors are required to maintain the confidentiality of the information and are restricted from using the information for any purpose other than helping to provide thetriadmind.com™ services and content to our users.
We reserve the right to collect and store information regarding each transaction processed on this Web Site. We do so in order that we can efficiently provide the services and content demanded by our users. We use information about our users, their transactions, and their site-related activity to provide or enhance the services and content we make available to our users, to enhance our ability to communicate with our users about additional services and content they may find of value, to satisfy our legitimate business interests (including performing trend analysis and market studies), to set advertising rates, to fulfill our Website Registration Agreement, to accomplish our periodic financial and billing activities, to resolve and respond to a user question, and to comply with applicable government laws, court orders, and regulations.</p>
<p>Some of the information collected by thetriadmind.com™ is personal data or data which relates to an identifiable person or business entity. Examples of personal data are names, addresses, e-mail addresses, and telephone numbers. Without consent, we will not sell information to third parties that could be used to specifically identify an individual user or a group of users. Anonymous data, with all names, addresses and other personally identifiable information removed, may be shared with third parties. We shall provide personal data to government agencies as required by law or regulation.
Your data will be stored and processed in whole or in part in the United States. If you access the thetriadmind.com™ site outside the United States, your usage of the site constitutes consent to the transfer of your data out of your country and to the United States.
2.0 Collection and Retention of Business and Personal Information
In some areas of the thetriadmind.com™ Web Site, we request or may request that you provide personal information, including your name, address, e-mail address, telephone number, facsimile number, contact information, company name, job title, information about your company, as well as information about the nature of your usage of our Web Site, services, and/or content, and any other information from which your identity is discernible. We will use the email address that you provide to us to contact you regarding the status of your account and related services.
In other areas, thetriadmind.com™ may collect demographic information that is not unique to you such as your ZIP code, age, preferences, gender, and the like. Sometimes we collect or may collect a combination of the two types of information.
We also gather or may gather certain information about your use of our Web Site, such as what areas you visit, and what services and content you access. Moreover, there is information about your computer hardware and software that is or may be collected by thetriadmind.com™. This information can include without limitation your IP address, browser type, domain name, access times, pages accessed and order of access, length of time of your visit, referring website addresses, and like information.</p>
We may use gathered information for the purpose of service capacity planning; anticipating, diagnosing, supporting or resolving any problems that might limit or disrupt delivery of the thetriadmind.com™ services or content; and, for improving the quality of the services.
3.0 Use of Business and Personal Information
The information collected through this site helps us identify the type of Web Site content that our users value most. We use this information to market and improve the Web Site and our related products, services, and content. We also use this information to send you email notifications about updates to the Web Site, and to contact you by other means for marketing, customer service, technical support, and other purposes. Our policy is to not give, sell or otherwise distribute the information collected through this site to third parties outside of thetriadmind.com™ and its subsidiaries (unless required by law); provided, however, in some cases we may use suppliers to assist us in collecting, using, or otherwise processing for our benefit the information obtained through this Web Site, including activities such as processing and delivery of mailings,</p>
<p>providing customer support, processing of payments, performing statistical analysis of our services and content, and the like. Our practice is to require our suppliers to conduct such activities consistent with this policy and our requirements. In some instances, with your permission, we may share your registration information and aggregate usage data with our business partners, who may occasionally use your email address to notify you or changes or additions to their products and services.
We have provided links where you can submit feedback. Any feedback you submit to thetriadmind.com™ becomes our property, and we can use such feedback (including, but not limited to, success stories and quotes) for marketing purposes or contact you for further information.
We may disclose and transfer your personally identifiable information to a third party who acquires all or a substantial portion of thetriadmind.com™’s business, whether such acquisition is by way of merger, consolidation, or purchase of all or a substantial portion of our assets. In addition, in the event thetriadmind.com™ becomes the subject of a bankruptcy proceeding, whether voluntary or involuntary, thetriadmind.com™ or its trustee in bankruptcy may sell, license, or otherwise dispose of such information in a transaction approved by the bankruptcy court.
Users who no longer wish to receive communications may opt-out or unsubscribe from receiving these communications. Each communication will have a way to unsubscribe</p>
<p>from that list. If you encounter any difficulty, please email us at email@example.com.
If a user’s personally identifiable information changes, we will endeavor to provide a way to correct or update your personal data. Holders of thetriadmind.com™ user accounts can log in, review their respective account information and, if desired, edit it with the options provided.
4.0 Security and Integrity of Information
We treat our data as assets that must be protected against loss and unauthorized access. We employ information security techniques to appropriately protect confidential information from unauthorized access by users inside and outside the company. Access to user information is limited to those employees who have a legitimate business need for that information.
Thetriadmind.com™ sites are currently located in the United States. Thetriadmind.com™ sites, and their supporting systems, employ generally accepted information security techniques such as firewalls, access control procedures, and cryptography in order to appropriately protect confidential information from unauthorized access.
Although thetriadmind.com™ has implemented reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes.
We do not disclose your private, online communications. However, what you publish to the thetriadmind.com™ Web Site, including its forums and/or blogs, is available to those whom are authorized to see the information.
5.0 Links to Other Sites
<p>link, logo, or other item, please note that you may no longer be on the thetriadmind.com™ site. To check what Internet location you are on, note the URL at the top and/or bottom of your browser.
Thetriadmind.com™ uses “cookies” to help personalize and maximize your experience and use of the thetriadmind.com™ site. A cookie is a small file that is placed on your hard drive by a web page server. Cookies are not used to run programs or deliver harmful code to your computer. Cookies are uniquely assigned to your computer, and can only be read by a web server in the domain that issued the cookie to you.
You may have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline all cookies if you prefer. Alternatively, you may be able to modify your browser setting to notify you each time a cookie is tendered and permit you to accept or decline cookies on an individual basis. Some browsers provide private or stealth modes of operation that may automatically reject cookies. If you choose to decline cookies, however, that choice may hinder performance and negatively impact your experience on the thetriadmind.com™ Web Site.
7.0 The Content Provider Areas
Thetriadmind.com™ is not intended for children under 18 years of age. We do not knowingly collect personal information from children under 18 years of age.
9.0 Changes to this Privacy Statement
10.0 Thetriadmind.com™ Contact Information
Thetriadmind.com™ is a trade name under which Tranquility Training, LLC, a Georgia limited liability company, with its principal place of business at 1115 Parker Place, NE, Atlanta, Georgia 30324, does business. Thetriadmind.com is the legal entity that determines the purposes and means of processing the information gathered at the thetriadmind.com™ Web Site. The information we gather on any thetriadmind.com™ website may be shared within Tranquility Training, LLC and its affiliated companies.
WEBSITE REGISTRATION AGREEMENT
1.0 General Terms and Conditions
You agree, through your use of the www.thetriadmind.com™ website (sometimes referred to as “this website”), including its discussion forums and blogs, that you will not post any material which is false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of another person’s privacy, adult material, or otherwise in violation of any International or United States law. You also agree not to post any copyrighted material unless you own the copyright or you have written consent from the owner of the copyrighted material. Spam, flooding, advertisements, chain letters, pyramid schemes, and solicitations are also forbidden on this website, its discussion forums and blogs.
Note that it is impossible for the staff or the owners of this website to confirm the validity of third-party users’ posts. Although we reserve the right to, and may, monitor posted messages on this website, we are not responsible for the content contained within. We do not warrant the accuracy, completeness, or usefulness of any information presented. The posted messages express the views of the author, and not necessarily the views of www.thetriadmind.com, its staff, its subsidiaries, or its owners. Anyone who feels that a posted message is objectionable is encouraged to notify an administrator or moderator immediately. The staff and the owners of this website reserve the right to remove objectionable content, within a reasonable time frame, if they determine, in their sole discretion, that removal is necessary. This policy applies to member profile information, as well.
You remain solely responsible for the content of your posted messages. Furthermore, you agree to indemnify, defend, and hold harmless the owners of this website, and any related websites, their staff, and their subsidiaries against any objectionable or actionable content you post or provide. The owners of this website also reserve the right to reveal your identity (or any other related information collected from you related to your use of this website) in the event of a formal complaint or legal action arising from any situation caused by your use of this website.
You have the ability, as you register, to choose your username. We advise that you choose a socially and legally appropriate username. With this user account you are about to register, you agree to never give your password out to another person. This is, of course, for your own and for our protection. You also agree never to use another person’s account for any reason. In order to prevent account theft or high jacking, we also highly recommend you use a complex and unique password for your account.
After you register and login to this website, its forums or its blogs, you may be able to fill out a detailed profile. It is your responsibility to present appropriate and accurate information. Any information the website owner or staff determines to be inaccurate, inappropriate, or offensive in nature will be removed, with or without prior notice. Appropriate sanctions may be imposed at the sole and exclusive discretion of the website owner.
Please note that with each post, your IP address may be recorded, and in the event that you are banned from this website, your internet service provider (“ISP”) may be contacted. This will only happen in the event of a major violation of this agreement.
Also note that this website may offer to place a cookie (a small file containing bits of information, such as your username and/or password, and other relevant information used by this website to enhance your experience while visiting), in your browser’s cache. If you do not wish to accept cookies, please consult your browser’s help file to ascertain what options may be available to you. If you choose not to accept cookies, certain features and/or functions designed to enhance your experience on this website may be disabled.
2.0 Membership Levels and Cancellation Policies
Thetriadmind.com™ has several membership levels, each of which may be subject to varying cancellation policies. Please carefully read the following to understand how these varying cancellation policies may apply to your selected membership level.
Level 1 Body Mind Cancellation Policy: As a member of the Level 1 Body Mind membership, you may cancel at any time. Your credit card will automatically be debited on the day your membership takes place and on the corresponding day each month thereafter; e.g., if you sign-up for membership on the 3rd day of February, your card will automatically be debited on the 3rd day of March. If for any reason, you decide to cancel your membership during a given month, your membership will be pro-rated per day, and a refund for the balance will be issued to your card approximately thirty (30) days after calculation of the pro-rated fees.
Level 2 Body Mind Spirit Cancellation Policy: As a member of the Level 2 Body Mind Spirit membership, you may cancel at any time. Your credit card will automatically be debited on the day your membership takes place and on the corresponding day each month thereafter; e.g., if you sign-up for membership on the 3rd day of February, your card will automatically be debited on the 3rd day of March. If for any reason, you decide to cancel your membership during a given month, your membership will be pro-rated per day, and a refund for the balance will be issued to your card approximately thirty (30) days after calculation of the pro-rated fees.
Level 3 The Triad Mind Program Cancellation Policy: All stages of the Triad Mind Programs involve a six (6) month commitment. Tuition payment will be collected in advance, before access is granted. There will be no refund for any stage within membership Levels 3 or above.
We hope you will enjoy your use of this website and that you will visit often. Your feedback is always welcome—please feel free to email us at firstname.lastname@example.org.
1. Use of the Website
Your use of the www.thetriadmind.com™ website (sometimes referred to as “this website”), and any constituent portions of this website, constitutes your agreement and acceptance without modification by you of the notices, terms, and conditions set forth herein. If you do not agree and accept, without modification by you, the notices, terms, and conditions set forth herein, do not use this website. Thetriadmind.com™ grants you permission to view this website, to use the services and content provided by this website in a manner commensurate with your visitor or subscriber/member status (as applicable at the time of your access and use thereof), and to print individual pages from this website for your own personal, noncommercial use. Without securing an appropriate license from the owner of this website, you may not modify, copy or download (except as otherwise noted), distribute, transmit, display, perform, reproduce, publish, license,</p>
<p>create derivative works from, transfer, or sell any products, services, or content obtained or derived from this website.
2. Conditions of Use
As a condition of your use of this website, you represent and warrant to thetriadmind.com™ that you will not use this website or its content for any purpose that is unlawful, immoral, libelous, slanderous, or prohibited by these terms, conditions, and notices. Except as to our registered users in accordance with our Website Registration Agreement, other than this agreement between you and thetriadmind.com™ relating to the use of this website, thetriadmind.com™ does not enter into any agreement with you or obligation to you through this site and no attempt to create such an agreement or obligation will be binding upon thetriadmind.com™. You further agree that no joint venture, partnership, employment, or agency relationship exists between you and thetriadmind.com™ as a result of this agreement or your use of this website.
3. Legal Age of User
This website is provided by Tranquility Training, LLC, a Georgia, USA, limited liability company, and is available only to entities and persons over the age of legal majority who can form legally binding agreement(s) under applicable law. If you do not qualify, you are not permitted to use this website.
4. Information You Provide
If you choose to register and subscribe with thetriadmind.com™, you agree to provide accurate and current information about yourself as prompted by our website registration forms, and to maintain and promptly update your profile information to keep it accurate and current. If you provide any information that is inaccurate or not current, or if thetriadmind.com™ has reasonable grounds to suspect that such information is inaccurate or not current, thetriadmind.com™ has the right, in our sole and exclusive discretion, to suspend or terminate your registration without notice.
5. Username and Password
If you choose to register and subscribe with thetriadmind.com™, you will select a Username and Password. You are responsible for maintaining the confidentiality of the Username and Password, and you are responsible for all activities that occur under your Username and Password. You agree to (a) immediately notify thetriadmind.com™ of any unauthorized use of your Username and Password, and (b)
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ensure that you exit from your session at the end of each visit. Sharing of any Username and Password is expressly prohibited.
6. Financial Responsibility and Guidelines
By use of this website, you agree to: (a) be financially responsible for your use of thetriadmind.com™; (b) abide by thetriadmind.com™’s guidelines on posting, which may be updated from time to time; and (c) perform your obligations as specified by the terms of any agreement you may enter into via thetriadmind.com™ website.
7. Communications and Postings
As a user, you are responsible for your own communications and are responsible for the consequences of your postings. You must not, and by using the thetriadmind.com™ website, you agree not to, do the following things: post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others, or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; post a sexually-explicit image or statement; post advertisements or solicitations of business beyond the authorized uses granted to our users; post chain letters or pyramid schemes; impersonate another person; or post material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programs, programming routines, or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or information.
8. Our Right to Screen User Communications and Take Action
<p>otherwise in violation with any applicable user Agreement. Thetriadmind.com™ may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for thetriadmind.com™ or may cause thetriadmind.com™ to lose (in whole or in part) services, relationships, agreements, or other benefits of its hosts, Internet Service Providers, business partners, content providers, advertisers, vendors, or suppliers, without limitation.
9. Your Dealings with Other Users of the Website
Similarly, thetriadmind.com™ has no control over the truth, accuracy, quality, legality, or safety of postings made by users. Because verifying the identity of a user on the Internet is difficult, thetriadmind.com™ cannot, and does not, confirm the identity of users. Thetriadmind.com™ also does not confirm or verify the qualifications, background, veracity, or abilities of users. Therefore, thetriadmind.com™ recommends that you be careful and exercise common sense and good judgment when dealing with any user on the site. Thetriadmind.com™ does not guarantee any content on this website.
10. Authorization to View and Access Subscription-Based Materials; Access to Streaming Content
Only registered content subscribers who have entered into an appropriate agreement with thetriadmind.com™ are authorized to view and access their own subscription-based information available through thetriadmind.com™. If you have not formally entered into a content-subscriber agreement with thetriadmind.com™, you may neither view nor access subscription-based information and/or content available through the thetriadmind.com™ website. Any violation of this policy will result in immediate termination of your user account and may result in legal action.
You understand that content provided by this website may be lengthy, comprising large file sizes, and that such content is streamed in real-time. Accordingly, we assume no liability for your data charges, regardless of the nature of the charges or of the device (e.g., mobile phones, tablets, computers, or any other electronic devices now known or to be developed in the future).
11. Attention and Medical Considerations
While many of our products are believed to contribute to wellness, they are not intended to replace medical diagnosis and/or treatment. DO NOT listen to recorded content while driving, or while doing anything that requires your full attention. DO NOT listen</p>
<p>to these recordings in tandem with other devices that may influence brain-wave activity. DO NOT listen to these recordings while under the influence of drugs or alcohol. If you have a medical condition or tendency towards seizures, auditory disorders, or adverse mental condition(s), DO NOT listen to these recordings without first consulting your physician. In the unlikely event that you experience any unusual physical or mental discomfort, immediately discontinue use. No statements, claims, representations, indications, or contraindications, if any, made on this website have been evaluated by any governmental agency, including the FDA.
12. No Circumvention of Site or Any Agreement
You agree not to engage in any action or activities meant to circumvent our website, its security measures, or our stated Agreements. Prohibited systems and techniques include (but are not limited to) the following: services offered directly to users of the website and not through thetriadmind.com™; distribution of any username and/or password to any third party to circumvent the unique user registration for use of this website; and/ or using this website to identify users or content providers for solicitation purposes outside the realm of permitted uses of the thetriadmind.com™ website.
13. Our Remedies Upon A User’s Circumvention and/ or Breach
<p>14. Content Subscriber’s Information Warranty
Content subscribers hereby warrant that the information and content you provide to thetriadmind.com™ is valid and accurate to the best of your knowledge as of the date and time of registration and/or posting.
15. No Liability for Inaccuracies in Postings or Content
Thetriadmind.com™ is not liable for any inaccuracies in the posting of information to the site, regardless of whether such information is from thetriadmind.com™ itself, or from a third party content provider, user, advertiser, or otherwise. You hereby warrant and acknowledge your understanding that thetriadmind.com™ plays no role in your election to do business with thetriadmind.com™, any content provider, advertiser, or third party, nor does thetriadmind.com™ play any role in helping any user, content provider, advertiser, or otherwise determine what to post, or the structure in which content may be posted.
16. Interruptions in Service; Acts of God
Thetriadmind.com™ is not, and shall not be, liable for any harm or damage incurred by any user, content provider, or advertiser, whether due to the system, website, or server(s) being down, out of service, inaccessible, or otherwise unavailable, whether by act of God, or by act or omission of man.
17. Use Subject to Laws and Regulations
Your use of this website is subject to all applicable local, state, national, and international laws and regulations. You agree to comply with applicable United States export laws and regulations regarding the transmission of technical data exported from the United States through this website; and, to comply with all regulations, policies and procedures of networks connected to this website. This website makes use of the Internet to send and receive certain messages; therefore, your conduct is subject to Internet regulations, policies, and procedures.
18. Improper Uses of Thetriadmind.com™ Services, Content, and Website; Additional User Obligations
You further agree not to: (1) use this website in connection with chain letters, junk mail, surveys, contests, pyramid schemes, or any use of distribution lists to any person who has not given specific permission to be included in such a process (commercial or</p>
<p>otherwise); (2) harvest or otherwise collect information about others, including e-mail addresses, without their consent; (3) use, download or otherwise copy, or provide (whether or not for a fee) to any person or entity any directory of thetriadmind.com™’s users or other user or usage information or any portion thereof other than in the context of your use of this website as permitted hereunder; (4) knowingly interfere with or disrupt networks connected to this website, or violate the regulations, policies or procedures of such networks; (5) attempt to gain unauthorized access to this website, other accounts, computer systems or networks connected to this website, through password mining or any other means; (6) violate any applicable law or regulation; (7) tamper with postings of other users; (8) post logos, seals or slogans from third parties on any part of this website; (9) do anything which would create or impose an unreasonable or disproportionately large burden or load on this website; (10) frame, link, or deep-link to this website, except as permitted in writing by thetriadmind.com™; (11) impersonate or misrepresent your affiliation with any person or entity; (12) post false or misleading information about a product, service, or service request; (13) post or transmit any content that infringes a third party’s intellectual property rights or rights of publicity or privacy; (14) post or transmit any content that is unlawful, untrue, fraudulent, harassing, libelous, defamatory, abusive, tortuous, threatening, pornographic, harmful (including but not limited to viruses, corrupted files, or any other similar software or programs), overly disparaging or deprecating of thetriadmind.com™ or other users or otherwise objectionable; (15) violate any other policies stated on this website; (16) repeat any action after you receive warning or request to cease and/or desist from thetriadmind.com™, whether or not that action is explicitly stated in policies (this includes continuing to use the thetriadmind.com™ website under the same account, a different account or reregistering under a new account after your membership has been temporarily suspended, indefinitely suspended, or terminated); or, (17) fail to respond to an email from thetriadmind.com™ regarding any violation, dispute, or complaint.
19. Right To Terminate Service and/or Access
20. Your Grant of Rights in Posted Materials
In order to operate the website, thetriadmind.com™ must have certain rights. Consequently, when you post information, text, files, links, attachments, or other materials to publicly visible areas of this website, you are granting or warranting that the owner of such content has expressly granted a worldwide, royalty-free, perpetual, irrevocable, fully sub-licensable, non-exclusive right to use, reproduce, modify, transmit, distribute, perform, display, and delete such content (in whole and in part) and/ or to incorporate such content in other works in any form, media or technology now known or later developed.
21. Legally Actionable or Defamatory Postings
You must use good judgment when posting information, remarks or other content regarding other users, content providers, advertisers, thetriadmind.com™, or any other third party. You may be held legally responsible for damages suffered by other users, content providers, advertisers, thetriadmind.com™, and/or third parties as a result of legally actionable or defamatory comments, remarks, or other information or content that you post to the thetriadmind.com™ website.
22. Your Restrictions on Release and Use of User Contact Information
23. Accuracy of Materials on Site
While we believe that the material on this website is accurate, we cannot guarantee that it is correct, complete, or up-to-date.
24. Links to Other Sites</p>
<p>Links to other websites and/or internet accessible content are provided as a convenience to help you locate other internet-based resources that may be of assistance or interest to you. By providing links to other websites and/or internet accessible content, we do not imply that thetriadmind.com™ endorses or approves of the individuals or organizations maintaining those sites and/or internet accessible content, or of the content contained within those sites. By offering links to other websites and/or internet accessible content, thetriadmind.com™ neither asserts nor claims that we are affiliated with, or that we are the source of origin of any trade name, registered trademark, logo, or copyrighted symbol or material that may be reflected in the links, the linked sites, and/or the internet accessible content. Thetriadmind.com™ does not maintain, is not responsible for the content of, and does not endorse, any of the websites and/or the internet accessible content linked to thetriadmind.com™ website. You access or connect to these linked websites and/or internet accessible content at your own risk. The content, accuracy and reliability of, and the opinions expressed and other links provided in, these non-thetriadmind.com™ websites are not investigated, verified, monitored, or endorsed by thetriadmind.com™, and thetriadmind.com™ disclaims any warranty, express or implied, with respect to the contents of such websites.
25. Proprietary Properties on Web Site
This website and its contents are the copyrighted and/ or proprietary property of thetriadmind.com™ and/or its affiliated and/or related companies. Some technologies utilized within this website may be subject to U.S. and/ or international patent laws and may be patented or Patent Pending. The trademarks, service marks, and logos used and displayed on this website are the registered and/ or unregistered trademarks of thetriadmind.com™ and others. Nothing on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any technology-based property, or any trademark or copyrighted property, displayed on this website, without the prior written permission of the owner thereof. Thetriadmind.com™ respects the intellectual property rights of others, and enforces its own intellectual property rights to the fullest extent allowed by law. The name of thetriadmind.com™, the thetriadmind.com™ logo, or the other thetriadmind.com™ properties contained in this website may not be used in any way, including in advertising or publicity pertaining to distribution of materials found on this website, without prior, written permission from thetriadmind.com™. Thetriadmind.com™ does not allow use of its trademarks, copyrighted material, or other properties as part of a link to or from any website unless thetriadmind.com™ approves establishment of such a link in advance and in writing. Fair use of thetriadmind.com™ trademarks or copyrighted properties requires proper acknowledgment contemporaneously with, and proximate to, the use. Other product and company names mentioned in this website are the trademarks of their respective owners.</p>
<p>26. Our Use of Your Materials and Communications
You hereby acknowledge that no data transmission over the Internet can be guaranteed to be 100% secure. While we strive to protect all user account and personal information residing behind our firewalls, neither thetriadmind.com™ nor its affiliates ensure or warrant the security of any such information you transmit to us via electronic mail or otherwise through this site, and you do so at your own risk.
28. WARRANTY DISCLAIMERS & LIMITATIONS OF LIABILITY
YOUR USE AND BROWSING OF THIS WEBSITE ARE AT YOUR OWN RISK. EVERYTHING ON THIS WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THETRIADMIND.COM™ SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF</p>
<p>MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THETRIADMIND.COM™ SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SITE, OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS SITE OR ITS USE.
IN NO EVENT SHALL THETRIADMIND.COM™, ITS AFFILIATES, SUPPLIERS, CONTENT PROVIDERS, ADVERTISERS, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE, THE CONTENTS IN THIS WEBSITE, THE DELAY OR INABILITY TO USE OR ACCESS THIS WEBSITE, OR OTHERWISE ARISING IN CONNECTION WITH THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES IN ADVANCE. THETRIADMIND.COM™ ALSO ASSUMES NO RESPONSIBILITY FOR, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, CONTENT, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THIS WEBSITE, WHETHER CAUSED BY COMPUTER VIRUSES, MALICIOUS CODE, OR OTHERWISE.
SOME STATES AND/ OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN KINDS OF DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
29. Server Locations; Jurisdiction
This website resides on servers in Atlanta, Georgia, USA. You agree that the laws of the State of Georgia, USA, govern this agreement and your use of this website. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Atlanta, Georgia, USA in all disputes (i) arising out of, relating to, or concerning this website and/or this agreement, (ii) in which this website and/or this agreement is an issue or a material fact, or (iii) in which this website and/or this agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. Use of this website is unauthorized in any jurisdiction that does not give full effect to all provisions of this agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Thetriadmind.com™ has endeavored to comply with all legal requirements known to it in creating and maintaining this website, but makes no representation that contents on this website are appropriate or available for use in any particular jurisdiction. Use of this website is unauthorized in any jurisdiction where all or any portion of this website</p>
<p>may violate any legal requirements and you agree not to access or use this website in any such jurisdiction. If you access the thetriadmind.com™ website outside the United States, your usage of this website constitutes consent to the transfer of your data out of your country and to the United States. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this agreement is at your own risk.
30. Indemnification, Defense, and Hold Harmless
31. Enforceability of Agreement Terms
To the maximum extent allowed by law, if any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.
Any claim, dispute or controversy arising out of, relating to, or concerning this website and/ or this agreement shall be decided by binding arbitration in accordance with the Rules of the American Arbitration Association, and any such arbitration proceedings shall be brought and held in Atlanta, Georgia, USA. The decisions of the arbitrators shall be binding and conclusive upon all parties involved and judgment upon any award of the arbitrators may be entered by any court having competent jurisdiction. This provision shall be subject to specific enforcement in any court of competent jurisdiction.
33. Modification of Website</p>
34. Entire Agreement
Except as to our content providers and advertisers in accordance with any written agreements in force and effect, this agreement constitutes the entire agreement between you and thetriadmind.com™ with respect to this website. This agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and thetriadmind.com™ with respect to this website. No modification of this agreement shall be effective unless it is reduced to writing and signed by a principal of thetriadmind.com™. Any alleged waiver of any breach of this agreement shall not be deemed to be a waiver of any future breach. A printed version of this agreement and/ or of any notice given by thetriadmind.com™ in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement or your use of this website, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by thetriadmind.com™ in printed form.
35. Identification of Ownership
Thetriadmind.com™ is a trade name under which Tranquility Training, LLC, a Georgia limited liability company, with its principal place of business at 1115 Parker Place, NE, Atlanta, Georgia 30324, does business. Tranquility Training, LLC is the legal entity that determines the purposes and means of processing the information gathered at the thetriadmind.com™ website. The information gathered on any thetriadmind.com™ website may be shared within Tranquility Training, LLC and its affiliated companies.
36. DMCA Designated Agent
Pursuant to 17 United States Code 512(c)(2) (Digital Millennium Copyright Act of 1998), thetriadmind.com™’s designated agent for notice of alleged copyright infringement appearing on our site is Mark Certo, who may be contacted at the address listed in the preceding paragraph, and by email at DMCA@thetriadmind.com.</p>
<p>To file a notice of infringement with us, one needs to fulfill the requirements specified in Title II of the Digital Millennium Copyright Act of 1998, as may be amended from time-to-time. The text of this statute can be found at the U.S. Copyright Office website, http://lcweb.loc.gov/copyright/
37. Additional Contact Information
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