Terms of use

Last updated: April 20, 2024

PLEASE READ THESE WEBSITE TERMS OF USE (“WEBSITE TERMS”) CAREFULLY. Your use of our Site (as defined below) constitutes your consent to these Website Terms. If you do not agree to these Website Terms, you must not use our Site.

These Website Terms is between you and Triplegangers, LLC (“TG”, “we,” “us” or “our”) concerning your use of (including any access to) the site currently located at www.triplegangers.com (together with any materials and services available therein, and successor site(s), thereto, our “Site”), whether as a guest or a registered user.

By using our Site, you affirm that you are of legal age to enter into these Website Terms.

If you are an individual accessing or using our Site on behalf of, or for the benefit of, any corporation, partnership or other entity with which you are associated (an “Organization”), then you are agreeing to these Website Terms on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to these Website Terms. References to “you” and “your” in these Website Terms will refer to both the individual using our Site and to any such Organization.

THESE WEBSITE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 17 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.

1. INFORMATION ABOUT US

1.1 Triplegangers LLC operates the website www.triplegangers.com.

1.2 To contact us, please email admin [at] triplegangers.com.

2. OTHER APPLICABLE TERMS

2.1 These Website Terms hereby incorporate by this reference any additional terms and conditions posted by TG through our Site, or otherwise made available to you by TG, which may include:

• Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. You represent and warrant that all data provided by you in connection with our Site is and will remain accurate and complete, and that you will maintain and update such data as needed.
• Our Cookie Policy, which sets out information about the cookies on our site.
• If you place an order for any Content (as defined below) on our Site, our Terms & Conditions of Supply will apply to the sales.

3. CHANGES

3.1 We may revise these Website Terms at any time by notifying you of such changes by any reasonable means, including by posting revised Website Terms through our Site.

3.2 Please check this page from time to time to take notice of any changes we made. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Website Terms incorporating such changes, or otherwise notified you of such changes.

3.3 Your use of our Site following any changes to these Website Terms will constitute your acceptance of such changes. The “Last Updated” legend above indicates when these Website Terms were last changed.

3.4 We may, at any time and without liability, modify or discontinue all or part of our Site (including access to our Site via any third-party links); charge, modify or waive any fees required to use our Site; or offer opportunities to some or all Site users.

3.5 We do not guarantee that our Site, or any content on it, will be free from errors or omissions. We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. Access to our Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

4. JURISDICTIONAL ISSUES

4.1 Any use of our Site is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so.

4.2 We may limit our Site’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.

5. RULES OF CONDUCT

5.1 You may only use our Site for lawful purposes.

5.2 In connection with our Site, you must not:

1. Post, transmit or otherwise make available through or in connection with our Site any materials that are or may be: (i) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (ii) defamatory, libelous, fraudulent or otherwise tortious; (iii) obscene, indecent, pornographic or otherwise objectionable; or (iv) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
2. Post, transmit or otherwise make available through or in connection with our Site any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a “Virus”).
3. Use our Site for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.
4. Harvest or collect information about Site users.
5. Interfere with or disrupt the operation of our Site or the servers or networks used to make our Site available, including by hacking or defacing any portion of our Site; or violate any requirement, procedure or policy of such servers or networks.
6. Restrict or inhibit any other person from using our Site.
7. Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) our Site except as expressly authorized herein, without TG’s express prior written consent.
8. Reverse engineer, decompile or disassemble any portion of our Site, except where such restriction is expressly prohibited by applicable law.
9. Remove any copyright, trademark or other proprietary rights notice from our Site.
10. Frame or mirror any portion of our Site, or otherwise incorporate any portion of our Site into any product or service, without TG’s express prior written consent.
11. Systematically download and store Site content.
12. Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Site content, or reproduce or circumvent the navigational structure or presentation of the Site, without TG’s express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in our Site’s root directory, TG grants to the operators of public search engines permission to use spiders to copy materials from our Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. TG reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.
13. Do any of the following without a license from TG:
    (1) Use any Content or images displayed on our Site for artificial intelligence or machine learning (“AI/ML”) research or study,
    (2) Extract, reproduce, distribute, or make available any Content or images displayed on our Site to any third party for the purpose of AI/ML algorithm training, testing or development, or
    (3) Engage in any activities that involve the utilization of any Content or images from our Site in AI/ML contexts, including but not limited to, dataset compilation, pattern recognition, neural network training, or any form of computational analysis.
    

    Any attempt to use any Content or images from our Site for AI/ML purposes without acquiring a valid license from TG is considered a violation of these Website Terms and our Terms & Conditions of Supply and may result in legal action and the pursuit of any and all remedies available under applicable law.

5.3 You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use our Site.

6. CONTENT

6.1 Our Site may make available listings, descriptions and images of content listed on our Site that is available to be purchased (“Content”).

6.2 If you place an order for any Content, our Terms & Conditions of Supply will apply to the sales.

6.3 We make no representations as to the completeness, accuracy, reliability, validity or timeliness of such listings, descriptions or images (including any features, specifications and prices contained therein). Such information and the availability of any Content (including the validity of any coupon or discount) are subject to change at any time without notice. We make reasonable efforts to accurately display the attributes of Content, including the applicable colors, however the actual colors you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors.

7. YOUR ACCOUNT AND PASSWORD

7.1 You may need to register to use all or part of our Site. We may reject, or require that you change, any user identification code, password or other information that you provide to us in registering.

7.2 Your user identification code and password are for your use only.

7.3 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our registration process or security procedures, you must treat such information as confidential. You must not disclose it to any third party.

7.4 We have the right to disable any user identification code or password at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Website Terms.

7.5 You, and not TG, are responsible for any use or misuse of your user identification code or password.

7.6 You must promptly notify us of any confidentiality breach or unauthorized use of your user identification code or password, or your Site account via email at admin [at] triplegangers.com.

8. INTELLECTUAL PROPERTY RIGHTS

8.1 We are the owner of our Site, which is protected by proprietary rights and laws.

8.2 To the fullest extent permitted by law, we are the exclusive owner and/or authorized licensor of the copyright and other intellectual property rights in all the Content available to be ordered on our Site.

8.3 In order to use or download any Content from our Site, you must enter into a separate contract with us and obtain a commercial or personal license to the Content.

8.4 Our trade names, trademarks and service marks include TRIPLEGANGERS and any associated logos. All trade names, trademarks, service marks and logos on our Site not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on our Site should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner.

9. FEEDBACK

9.1 If you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to our Site or otherwise, you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place TG under any fiduciary or other obligation.

10. THIRD PARTY MATERIALS & LINKS

10.1 Certain Site functionality may make available access to information, products, services and other materials made available by third parties (“Third Party Materials”), or allow for the routing or transmission of such Third Party Materials, including via links.

10.2 By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Materials.

10.3 We neither control nor endorse, nor are we responsible for, any Third Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third Party Materials, or any intellectual property rights therein. Certain Third Party Materials may, among other things, be inaccurate, misleading or deceptive. Nothing in this Agreement shall be deemed to be a representation or warranty by TG with respect to any Third Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) through our Site at any time. In addition, the availability of any Third Party Materials through our Site does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider.

10.4 YOUR USE OF THIRD PARTY MATERIALS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY MATERIALS).

11. PROMOTIONS

11.1 Any sweepstakes, contests, raffles, surveys or similar promotions (collectively, “Promotions”) made available through our Site may be governed by rules that are separate from these Website Terms of Use.

11.2 If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy.

11.3 If the rules for a Promotion conflict with these Website Terms of Use, the Promotion rules will govern.

12. DISCLAIMER OF WARRANTIES

12.1 TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW:

1. OUR SITE, CONTENT AND THIRD PARTY MATERIALS ARE PROVIDED ON AN “AS IS”/“AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY; AND
2. TG DISCLAIMS ALL WARRANTIES WITH RESPECT TO OUR SITE, CONTENT AND THIRD PARTY MATERIALS, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THESE WEBSITE TERMS OF USE) ARE MADE FOR THE BENEFIT OF BOTH TG AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS (COLLECTIVELY, THE “AFFILIATED ENTITIES”), AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.

12.2 While we try to maintain the timeliness, integrity and security of our Site, we do not guarantee that our Site is or will remain updated, complete, correct or secure, or that access to our Site will be uninterrupted. Our Site may include inaccuracies, errors and materials that violate or conflict with these Website Terms. Additionally, third parties may make unauthorized alterations to our Site. If you become aware of any such alteration, contact us at admin [at] triplegangers.com with a description of such alteration and its location on our Site.

13. LIMITATION OF OUR LIABILITY

13.1 TO THE FULLEST EXTENT UNDER APPLICABLE LAW:

1. UNDER NO CIRCUMSTANCES WILL TG BE LIABLE FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, HOWEVER OR WHENEVER ARISING, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST REVENUE, LOST PROFITS, USE OF DATA, ANTICIPATED PROFITS, LOSS OF BUSINESS OPPORTUNITY, BUSINESS OR GOODWILL, BUSINESS INTERRUPTION, INJURY TO BUSINESS REPUTATION, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ARISING FROM USE OF LICENSED CONTENT, UNDER ANY THEORY OF LIABILITY OR CAUSE OF ACTION, WHETHER IN TORT, INCLUDING NEGLIGENCE, CONTRACT OR OTHERWISE, REGARDLESS OF WHETHER OR NOT IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES;
2. WITHOUT LIMITING THE FOREGOING, TG WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE OUR SITE OR FROM ANY CONTENT OR THIRD PARTY MATERIALS, INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH;
3. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH OUR SITE OR ANY CONTENT OR THIRD PARTY MATERIALS IS TO STOP USING OUR SITE; AND
4. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS (INCLUDING THIRD-PARTY CLAIMS) ARISING FROM, IN CONNECTION WITH OR RELATING TO THE LICENSED CONTENT, ANY CONTRACT OR THESE TERMS, REGARDLESS OF THE FORM OF LIABILITY (WHETHER IN CONTRACT OR TORT OR OTHERWISE), WILL EXCEED THE GREATER OF (I) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO TG TO USE THE SITE, OR (II) THE PRICE YOU PAID FOR THE RELEVANT LICENSED CONTENT. YOU ACCEPT AND AGREE TO THIS DAMAGES CAP.

13.2 All limitations of liability of any kind (including in this section and elsewhere in these Website Terms) are made for the benefit of both TG and the Affiliated Entities, and their respective successors and assigns.

14. INDEMNITY

14.1 To the fullest extent permitted under applicable law, you agree to defend, indemnify and hold harmless TG and the Affiliated Entities, and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to (a) your use of, or activities in connection with, our Site; and (b) any violation or alleged violation of these Website Terms by you.

15. TERMINATION

15.1 These Website Terms are effective until terminated.

15.2 TG may terminate or suspend your use of our Site at any time and without prior notice, for any or no reason, including if TG believes that you have violated or acted inconsistently with the letter or spirit of these Website Terms.

15.3 Upon any such termination or suspension, your right to use our Site will immediately cease, and TG may, without liability to you or any third party, immediately deactivate or delete your user name, password and account, and all associated materials, without any obligation to provide any further access to such materials.

15.4 Sections 1-2 and 4-19 shall survive any expiration or termination of these Website Terms.

16. GOVERNING LAW

16.1 These Website Terms are governed by the laws of the United States (including federal arbitration law) and the State of Florida, U.S.A., without regard to its principles of conflicts of law, and regardless of your location.

17. ARBITRATION

17.1 Except for disputes that qualify for small claims court, all disputes arising out of and related to these Website Terms (hereinafter “Dispute” or “Disputes”) shall be resolved exclusively by neutral binding arbitration in accordance with Chapter 682, Fla. Stat. by an arbitrator that is mutually agreed upon and selected by the parties. If the parties fail to agree on an arbitrator, each party shall select one arbitrator and those two selected arbitrators shall appoint a third arbitrator to arbitrate the Dispute. Arbitration shall be final and binding upon the parties. Any party may bring an action in court located in Hillsborough County, Florida to compel arbitration under this Agreement and to enforce an arbitration award. Otherwise, no party shall initiate or prosecute any lawsuit or administrative action in any way related to any Dispute. The parties shall maintain the confidential nature of the arbitration proceeding and the award, except as may be necessary in connection with a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision. Notwithstanding anything herein to the contrary, the parties shall be entitled to seek to obtain any provisional remedy, including injunctive or similar relief, from any court of competent jurisdiction as may be necessary to protect such party’s rights and interests. You hereby consent and agree to exclusive jurisdiction in and venue in Hillsborough County, Florida for all arbitration and court proceedings arising out of this Agreement.

17.2 CLASS ACTION WAIVER. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS, AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH YOU ACT OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY, AND FURTHER AGREE THAT NO ARBITRATION OR PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATIONS OR PROCEEDINGS. YOU UNDERSTAND THAT CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.

17.3 In any Dispute, or other legal action brought by either party to enforce the provisions of these Website Terms, each party must bear its own arbitration costs and attorneys’ fees.

18. COPYRIGHT INFRINGEMENT CLAIMS

18.1 The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.

18.2 If you believe in good faith that materials available on our Site infringe your copyright, you (or your agent) may send to TG a written notice by mail or e-mail, requesting that TG remove such material or block access to it.

18.3 If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to TG a counter-notice.

18.4 Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details.

18.5 Notices and counter-notices must be sent in writing to TG as follows: By mail to Triplegangers LLC care of Clukey & Tebault, LLC, 201 Owens Avenue, Unit A, Saint Augustine, FL 32080; or by e-mail to admin [at] triplegangers.com with the subject line “DMCA Notice.”

18.6 We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.

19. MISCELLANEOUS

19.1 These Website Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and TG.

19.2 If any provision of these Website Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Website Terms and will not affect the validity and enforceability of any remaining provision.

19.3 You may not assign, transfer or sublicense any or all of your rights or obligations under these Website Terms without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under these Website Terms without restriction.

19.4 No waiver by either party of any breach or default under these Website Terms will be deemed to be a waiver of any preceding or subsequent breach or default.

19.5 Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision.

19.6 All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement shall be construed as if followed by the phrase “without limitation.”

19.7 These Website Terms, including any terms and conditions incorporated herein, is the entire agreement between you and TG relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and TG relating to such subject matter.

19.8 Notices to you (including notices of changes to these Website Terms) may be made via posting to our Site or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Website Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

19.9 TG will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.