This website is owned and operated by Tristar Products, Inc.("Tristar"). Tristar is pleased to offer its products and other related information and materials through this website.
THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT WAIVE YOUR RIGHT TO A COURT HEARING OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW OR IF YOU OPT-OUT. WE RECOMMEND THAT YOU REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ACCESSING, USING OR BUYING ANY PRODUCT THROUGH THE SITE.
ALL PURCHASES OF PRODUCTS DISTRIBUTED BY TRISTAR PRODUCTS INC. ("PRODUCTS"), WHETHER PURCHASED ON THE SITE OR ELSEWHERE, SHALL BE SUBJECT TO THE ARBITRATION PROVISION AND CLASS ACTION WAIVER CONTAINED HEREIN.
1. LICENSE GRANT. Subject to your continued compliance with the terms and conditions of this TOU, Tristar provides you with a revocable, limited, non-exclusive, royalty-free, non-sub-licensable and non-transferable license to use the Site. You may download and print materials and information from the Site solely for your personal use provided that you do not remove from any such copies any copyright and/or any other applicable intellectual property notices. Notwithstanding the foregoing license grant, you hereby acknowledge and agree that (i) the content layout, formatting, and features of and access privileges for the Site shall be determined by Tristar in its sole and absolute discretion; (ii) Tristar has the right to control and direct the means, manner, and method by which the Site is provided; (iii) Tristar may engage independent contractors, consultants, or subcontractors to aid Tristar in providing the Site or use thereof; and (iv) Tristar has the right to provide the Site to others. In addition, you hereby acknowledge and agree that this TOU provides you with only a limited license to access and use the Site. Accordingly, you hereby acknowledge and agree that Tristar transfers no ownership or intellectual property interest or title in and to the Site to you or anyone else under this TOU.
2. RESTRICTIONS. Notwithstanding the foregoing license grant, this site may not be modified, translated, decompiled, used to create derivative work(s), copied, distributed, disassembled, broadcast, transmitted, published, have any proprietary notices or labels removed or altered, licensed, sublicensed, transferred, sold, mirrored, framed, exploited, rented, leased, private labeled, granted as a security interest, or otherwise used in any manner not expressly permitted herein by you or anyone acting on your behalf. Specifically, and by way of illustration and not limitation, you may not separate and use any graphics, interfaces, photographs, audio, video, sounds, artwork, designs, computer code (including HTML code), programs, software, and documentation found on or accessible through the Site. Moreover, you may not (i) use any "deep-link," "page scrape," "robot," "spider," or any other device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or in any way reproduce or circumvent the navigational structure or presentation of the Site in order to obtain or attempt to obtain any materials, pictures, documents, or any other information through any means not purposely made available through the Site; (ii) attempt to gain unauthorized access to (a) any portion or feature of the Site, (b) any other systems or networks connected to the Site, (c) any Tristar server or (d) to any of the services offered on or through the Site by hacking, password "mining" or any other illegitimate or prohibited means; (iii) probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site; (iv) reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Site; (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Tristar's systems or networks or any systems or networks connected to the Site; (vi) use any device, software, or routine to interfere with the proper working of the Site or any transaction conducted on the Site, or with any other person's use of the Site; (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to Tristar on or through the Site; (viii) use the Site to harvest or collect e-mail addresses or other contact information; or (ix) use the Site in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact Tristar. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DOWNLOADING, COPYING, OR REPRODUCING ANY MATERIALS PROVIDED BY TRISTAR TO ANY OTHER SERVER, HARD DRIVE OR LOCATION FOR THE PURPOSE OF REPRODUCTION OR REDISTRIBUTION, IS EXPRESSLY PROHIBITED.
3. USER OBLIGATIONS. By installing, accessing or using this Site, you hereby represent that you are of the legal age to execute a legally enforceable contract under the laws of the state and/or country in which you reside, and will at all times provide true, accurate, current, and complete information when submitting information to this Site, including without limitation, when you provide any information to Tristar via an email or any registration or submission form found on the Site. If you provide any false, inaccurate, untrue, or incomplete information, Tristar reserves the right to, in its sole discretion, immediately and without notice terminate your access to, and use of this Site, and/or cancel any of your pending product purchases or transactions with Tristar. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of this Site. You also acknowledge and agree that use of the Internet and this Site are solely at your own risk. While Tristar has endeavored to create a secure and reliable Site, the confidentiality of any communication or material transmitted to/from the Site over the Internet or any other form of global communication network cannot be guaranteed. Accordingly, Tristar is not, to any degree, responsible or liable for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site or, for the consequences of any reliance on such information. You must make your own determination as to these issues.
4. PURCHASES; SPECIFIC PROGRAMS; OTHER TERMS AND CONDITIONS. Additional notices, terms, and conditions (including, without limitation, payment terms) may apply to the purchase of products, goods, participation in a particular program, and/or to specific portions or features of the Site, all of which are made a part of this TOU by this reference. You agree to abide by such other notices, terms, and conditions, including where applicable representing that you are of sufficient legal age to acquire a product and/or use or participate in any program, service, or feature. If there is a conflict between this TOU and the terms posted for or applicable to a specific portion of the Site, including any areas to enable the online purchase of items or for any service, program, or product offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site. Tristar's obligations, if any, with respect to its services, programs, and/or products are governed solely by the terms, conditions, notices, and agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such terms, conditions, notices, and agreements.
6. POSTINGS. The Site, and/or any social media page (each, a "Tristar Social Media Page") controlled by Tristar that is accessible directly through the Site may contain blogs, message boards, comment areas and other interactive features and functionality where users may post certain information and content (collectively, "Forum"). To the extent the Site and/or any Tristar Social Media Page contains any such Forum, you hereby acknowledge and agree that when using the Site and/or any Tristar Social Media Page, you will not upload, post, display, or transmit any of the following materials on any Forum:
- anything that interferes with or disrupts the operation of the Site and/or Tristar Social Media Page,
- statements or material that defames, harasses, abuses, stalks, threatens, intimidates, or in any way infringes on the rights of others,
- unauthorized copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets, or privacy of others,
- statements or material that encourages criminal conduct or that would give rise to civil liability or otherwise violates any law or regulation in any jurisdiction,
- statements or material that contains vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person,
- statements or material that impersonates any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of Tristar,
- statements or material that misrepresents your affiliation with any entity and/or Tristar,
- statements or material that constitutes junk mail, spam, or unauthorized advertising or promotional materials, and,
- material or statements that are "off-topic" for a designated Forum.
7. PERMISSION TO USE POSTINGS. You acknowledge and agree that you have no proprietary interest in any Forum. Moreover, by submitting content or information of any type (a "Posting") to a Forum or by otherwise using the Site and/or a Tristar Social Media Page to transmit or display a Posting, you automatically grant Tristar a royalty-free, perpetual, irrevocable, non-exclusive, transferable and sublicensable right and license to use, reproduce, modify, publish, translate, create derivative works from, distribute, transmit, perform, and display such content or information (in whole or in part) worldwide and/or to incorporate into other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content or information. You hereby represent that you have all necessary rights to make the Posting available to Tristar and a Forum, and you also acknowledge and agree that such Postings are non-confidential for all purposes and that Tristar has no control over the extent to which any idea or information within a Posting may be used by any party or person once such content is posted or displayed on the Site and/or a Tristar Social Media Page. Accordingly, notwithstanding this right and license, you hereby acknowledge and agree that by merely permitting your information, content, and materials to appear on the Site and/or a Tristar Social Media Page, Tristar has not become and is not a publisher of such information, content, and materials and is merely functioning as an intermediary to enable you to provide and display a posting. Moreover, Tristar assumes no responsibility for the deletion of or failure to store any posting and, recommends that you do not post, display, or transmit any confidential or sensitive information. All users shall remain solely and exclusively responsible for any liability arising from their own Postings.
8. PROPRIETARY RIGHTS. All text, graphics, user interfaces, visual interfaces, photographs, audio, video, sounds, images, artwork, computer code (including HTML code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of any content contained on or available through the Site, unless otherwise expressly indicated in writing, are owned, controlled, and licensed exclusively by Tristar and/or its suppliers and are protected by United States and foreign laws including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except for the license grant as expressly provided in this TOU, Tristar does not grant any express or implied intellectual property or proprietary right to you or any other person. Your unauthorized use of this Site may violate intellectual property or other proprietary rights' laws of the United States and/or a foreign nation, as well as other laws, regulations, and statutes. Be advised that Tristar actively and aggressively enforces its intellectual property rights to the fullest extent of the law. This website is protected by copyright as of 2015 by Tristar and/or its licensors. All rights reserved. Tristar also owns a copyright in the contents of the Site as a collective work and/or compilation, and in the selection, coordination, arrangement, and enhancement of the content of the Site. Any downloadable or printable programs, information, or materials available throughout this Site, and all intellectual property and/or proprietary rights related thereto, unless otherwise expressly indicated in writing, are owned exclusively by Tristar or others who have authorized their use by Tristar. TRISTAR, the Tristar logo, and all other names, logos, and icons identifying Tristar are owned exclusively by Tristar or others who have authorized their use by Tristar, and any use of such marks without the prior express written permission of Tristar is hereby strictly prohibited. Other product and company names mentioned herein may be the trademarks and/or service marks of their respective owners.
9. ENFORCING SECURITY ON THE SITE. Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986. Tristar reserves the unqualified right to view, monitor, and record activity on the Site without any additional notice to you, or permission from you. Any information obtained by monitoring, reviewing, or recording your use of the Site is subject to review by law enforcement organizations in the sole and absolute discretion of Tristar. Tristar will also comply with all legally binding requests for such information including without limitation, the provision of information pursuant to a court order. In addition to the foregoing, and in its sole and absolute discretion, Tristar reserves the right, to at any time and without advance notice, modify, suspend, terminate, or temporarily interrupt the operation of, or access to the Site or any portion thereof.
10. SUBMISSIONS. Tristar welcomes your feedback and suggestions on how to improve the Site and/or the products and services of Tristar. By transmitting any suggestions, information, material, or other content (collectively, "feedback") to Tristar, you represent and warrant that such feedback does not infringe, misappropriate, and/or violate the intellectual property or proprietary rights of any third party (including without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey such feedback to Tristar. In addition, any feedback received through this Site will be deemed to include a royalty-free, perpetual, irrevocable, transferable, sublicensable, non-exclusive right and license for Tristar to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby expressly waive any claim to the contrary.
11. THIRD PARTY PRODUCTS / SERVICES. Tristar, in its sole and absolute discretion, may post the advertisements of third parties on this Site and/or feature materials, programs, products, and services provided by third parties. Tristar makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third-party materials, programs, products, and services or any other materials, programs, products, and services which you may access through such third party materials, programs, products, and services. Your correspondence or any other dealings with third parties found on this Site are solely between you and such third party. Tristar expressly disclaims responsibility and liability for all third party provided materials, programs, products, and services contained on or accessed through the Site, and you agree that Tristar shall not be responsible for any loss or damage of any sort, incurred as a result of any such dealings, or as the result of the presence of such third parties' materials, programs, products, and services on this Site.
12. LINKS TO OTHER SITES. Tristar may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience in locating related information, products, and services. These other sites have not necessarily been reviewed by Tristar and may be maintained by third parties over which Tristar exercises no control. Accordingly, Tristar expressly disclaims any responsibility for the content, materials, accuracy of information, and/or quality of the products or services provided by, available through, or advertised on these third-party websites. Moreover, these links do not imply an endorsement with respect to any third-party, any website, or the products or services provided by any third party.
13. LINKS TO THE SITE. Tristar encourages and permits text links to this Site. However, Tristar is an organization committed to the highest ethics and standards. Therefore, any links to this Site should not suggest that Tristar promotes or otherwise endorses any third-party products, services, programs, causes, campaigns, website, or information unless Tristar has provided prior express written consent for such promotion or endorsement.
14. DISCLAIMER. THE PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS, AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. TRISTAR DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE USE OR THE RESULTS OF THE USE OF ANY PRODUCTS OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY AUDIO, VISUAL, OR VIDEO CONTENT POSTED, MADE AVAILABLE THROUGH, OR ACCESSIBLE ON THE SITE. MOREOVER, TRISTAR MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE SERVICES AND MATERIALS AVAILABLE ON THE SITE FOR ANY PURPOSE. TRISTAR EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TRISTAR MAY IN ITS SOLE AND ABSOLUTE DISCRETION AND WITHOUT ADVANCE NOTICE MAKE MODIFICATIONS AND/OR CHANGES TO THE SITE AND/OR THE SERVICES AND MATERIALS AVAILABLE ON THE SITE AT ANY TIME. YOU ASSUME THE SOLE RISK OF USING AND/OR RELYING ON THE SERVICES AND MATERIALS AVAILABLE ON THE SITE.
15. LIMITATION OF LIABILITY. You expressly absolve and release Tristar from any claim of harm resulting from a cause beyond Tristar's reasonable control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TRISTAR BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR WITH THE PURCHASE OR USE OF TRISTAR PRODUCTS, OR THE DELAY OR INABILITY TO USE THE SITE, OR FOR THE SERVICES AND MATERIALS AVAILABLE THROUGH THE SITE, OR OTHERWISE ARISING OUT OF UTILIZATION OF THE SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF TRISTAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. NOTWITHSTANDING THE FOREGOING, THE TOTAL LIABILITY OF TRISTAR FOR ANY REASON WHATSOEVER RELATED TO USE OF THE SITE, OR THE USE OF TRISTAR'S SERVICES AND MATERIALS, SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO TRISTAR DURING THE PAST SIX MONTHS IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE.
16. INDEMNITY. You agree to defend, indemnify, and hold harmless Tristar and its affiliates and all of their employees, agents, directors, officers, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses), relating to or arising from any breach by you of this TOU.
The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this TOU may be joined to an arbitration involving any other party subject to this TOU, whether through class arbitration proceedings or otherwise.
YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION. You shall have thirty (30) days from the date that you purchase a product or provide information to the website to opt-out of this arbitration agreement. To opt out of arbitration you must contact us at email@example.com (email), Tristar Products Inc, 492 Route 46 East, Dept. 272, Fairfield, NJ 07004 (mailing address), 973-575-6897 (facsimile) or (973) 287-5100 (phone). If more than thirty (30) days have passed from the date that you purchase a product, you are not eligible to opt out of arbitration with respect to claims relating to that product. If more than thirty (30) days have passed from the date that you provide information to the website, you are not eligible to opt out of arbitration with respect to claims relating to the website.
18. WAIVER & SEVERABILITY. Failure to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver of any subsequent default or failure of performance. No waiver by Tristar of any right under this TOU will be deemed to be either a waiver of any other right or provision, or a waiver of that same right or provision at any other time. If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law, including but not limited to, (a) the warranty disclaimers, (b) the liability limitations, and (c) the requirement that the existence, content or results of arbitration remain confidential, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision drafted and provided by Tristar in its sole and absolute discretion that most clearly matches the intent of the original provision, and the remainder of this TOU shall continue in effect.
20. CONTACT INFORMATION. If you have questions regarding Tristar Products, this Site, or if you are interested in obtaining more information concerning Tristar and its products or services or permission to use any of Tristar's content, please contact Tristar at (973) 575-5400 (phone), (973) 575-6708 (facsimile), or firstname.lastname@example.org (email).