App Terms

The following terms and conditions of use apply to our software applications:

This is agreement ("Agreement") is made between the software copyright holder, Triumphant Heart International, Inc. ("Triumphant Heart International") and the software's user ("User"), collectively ("The Parties").

Disclaimer of Warranties. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

TRIUMPHANT HEART INTERNATIONAL, INC. MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER RELATING IN ANY WAY TO THE SOFTWARE, INCLUDING ANY PART THEREOF, OR ANY WEB SITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SOFTWARE, INCLUDING ANY LINKED CONTENT. TRIUMPHANT HEART INTERNATIONAL, INC. DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TRIUMPHANT HEART INTERNATIONAL, INC. DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL (I) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS; (III) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE SOFTWARE, OR ANY PART THEREOF; (IV) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SOFTWARE; AND (V) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NON-PERFORMANCE, OR OTHER ACTS OR OMISSIONS BY TRIUMPHANT HEART INTERNATIONAL, INC. OR ANY THIRD PARTY. FURTHERMORE, THERE IS NO WARRANTY THAT THE SOFTWARE WILL MEET THE CLIENT’S NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. THE SOFTWARE IS NOT TO BE USED AS PROFESSIONAL, LEGAL, OR MEDICAL ADVICE. CONSULT YOUR COMPETENT ADVISOR ABOUT YOUR SPECIFIC SITUATION.

Disclaimer of Guarantee and Estimate. Although Triumphant Heart International may offer an opinion about possible results, Triumphant Heart International cannot guarantee any particular result. The User acknowledges that Triumphant Heart International has made no promises about the outcome, and that any opinion offered by Triumphant Heart International in the future will not constitute a guarantee. Nothing in the Software and nothing in Triumphant Heart International’s statements to the User will be construed as a promise or guarantee about the outcome of the matter. Triumphant Heart International makes no such promises or guarantees. Triumphant Heart International’s comments about the outcome of the matter are expressions of opinion only.

Referrals to Third-Party Services. The Software may refer the Client to third-parties for services (the “Third-Party Service”). The Third-Party Service is not under the control of Triumphant Heart International, Inc. and Triumphant Heart International, Inc. is not responsible for the Third-Party Service, including, without limitation, any contract or service the User retains with such Third-Party Service. Triumphant Heart International may provide Referrals to Third- Party Services to the User as a convenience, and the referral to such Third-Party Services is not an endorsement by Triumphant Heart International of such Third-Party Services. If the User decides to inquire, or establish any contract with any Third-Party Service, the User does so at the User's risk.

Entire Agreement. This Agreement contains the entire agreement of the Parties and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the Parties. The User's agents, if any, shall also be bound by the provisions of this Agreement.

Indemnification. The User shall defend, indemnify and hold harmless Triumphant Heart International, Inc. and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees from any action, claim, demand, or liability arising from or relating to Software provided under this Agreement not caused exclusively by the sole negligence or wrongful misconduct of Triumphant Heart International, and any expenses incurred in connection therewith, including, without limitation, reasonable attorneys’ fees.

Limitation of Damages. In no event shall Triumphant Heart International be liable to the User or any other third party for consequential, incidental, special, exemplary, punitive, or indirect damages arising under or in any way related to this Agreement or any other consent (including lost profits, lost income, loss of business or data, business interruption, trading losses, and damages that result from inaccuracy of the information or inconvenience, delay, or loss of the use of the Software) even if the Triumphant Heart International  has been advised of the possibility of such damages or losses. Triumphant Heart International, Inc. total liability for damages shall not exceed the amount of five dollars ($5.00).

Severability. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

Capacity. The Parties hereby warrant and represent that they have all necessary rights and authority to execute this Agreement, bind their respective entities, and to fulfill their obligations hereunder. 

Choice of Law/Forum. The Parties agree all disputes adjudicated in any state or federal court shall be adjudicated in Clackamas County, Oregon, and such disputes shall be governed under the laws of the State of Oregon.

Amendment/Changes to Terms. These terms may be changed at any time without notice.