Your access to Tri-Power Consulting Services's web
site, hereafter Tri-Power, is subject to the following
Terms of Use. These Terms of Use constitute a binding agreement
between Tri-Power and you. Periodically, these Terms of
Use may be updated without notice to you. It is your
responsibility to periodically review these Terms of Use for
applicable changes. Your using the web site after our
posting of any changes to these Terms of Use will constitute
your acceptance of those changes. Questions about these Terms
of Use, should be directed to info@tripower.net. Should
you disagree with any changes, you should immediately cease
using theTri-Power web site.
Privacy
Policy: The personally-identifiable information
that you provide us on Tri-Power web site is subject
to our Privacy Policy, which is a part of these Terms of
Use. Please take the time to review the information
below.
Information you provide voluntarily
via our online forms is kept in the strictest confidence and
is intended for use by Tri-Power or Tri-Power suppliers
as may be needed.
We ask for your name, address and
contact information so we can send you your order or responde
to your request for information, and so we can contact you
if we have a question about your order or request. Credit card
information may be supplied to the company or companies who
process your credit card payment. We may share your name and
address with other companies whose products we think you may
be interested in. We do not share any other information with
third parties, except in the case of contact or order information
needed to fulfill your order or answer your request. We do
not share or sell email addresses.
Occasionally we might provide links
to other sites we think you will find useful. These sites are
independent of Tri-Power and should have established their
own privacy and security policies. You should review the privacy
policies of these sites before providing them with your information.
For questions, comments or assistance
with any privacy-related issues, we invite you to contact us
at info@tripower.net.
Your
Use of Tri-Power's Web Site: You may
not reproduce, duplicate, copy, sell, or otherwise transfer
or commercially exploit Tri-Power's web site (or any
portion of it), unless you have Tri-Power's express
written permission to do so. You may only use Tri-Power web
site in accordance with these Terms of Use and all applicable
laws, rules, and regulations. In the event Tri-Power believes
that you have failed to comply with all terms applicable
to your use of Tri-Power web site, you agree that Tri-Power has
the right, in its sole discretion and without notice, to
restrict your access to this or any other Tri-Power site. Tri-Power may
also, in its sole discretion and at any time, discontinue
any Tri-Power web site, or any part thereof, with
or without notice. You agree that you do not have
any rights in Tri-Power web site and that Tri-Power will
have no liability to you if the Tri-Power web site
is discontinued or your ability to accessTri-Power web
site is terminated.
Communications
with Tri-Power: You consent to receipt
of electronic communications from Tri-Power, and agree
that all agreements, notices, and other disclosures communicated
to you by Tri-Power electronically (whether by electronic
mail, by posting at this web site, or by other electronic
means) satisfy any legal requirement that such communication
be in writing.
Your communications with Tri-Power,
including transmission of order requests, submission of testimonials,
or the uploading of images, constitute electronic communications. You
grant to Tri-Power a perpetual, irrevocable, worldwide,
non-exclusive, transferable, royalty-free right to use all
information and materials that you submit to us, including
the right to exercise copyright and publicity rights, in any
media, in connection withTri-Power web site.
Links: Through
the Tri-Power web site, you may be able to access links
to other World Wide Web sites. Because Tri-Power has
no control over such sites, you acknowledge and agree that Tri-Power is
not responsible for, and has no liability with respect to,
the availability (or unavailability) of such sites, for the
treatment of your personally-identifiable information by such
sites, or for the information, products, content or other materials
on or available from such sites or resources. If you would
like information on any other site’s privacy policy,
you should contact that party directly, and we encourage you
to do so.
Disclaimers – You
acknowledge and agree that:
a. YOUR USE OF THIS WEB SITE IS
AT YOUR OWN RISK. ANY FEATURES AVAILABLE THROUGH OUR WEB
SITE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS
AVAILABLE” BASIS. Tri-Power EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
AND NON-INFRINGEMENT. Because our web site is provided
to you “AS IS,” you agree that Tri-Powershall
not be liable to you or to any third party for any delay
in delivery of, or failure to deliver, any of your communications
or other information you submit using our web site. Because
our web site is provided to you “AS AVAILABLE,” you
agree that Tri-Power shall not be liable to you or
to any third party for any modification, suspension, or
discontinuance of the Tri-Power web site or of your
ability to access it.
b. Tri-Power also
disclaims any warranty that (i) our web site will meet your
requirements, (ii) our web site’s operation will be uninterrupted,
timely, secure, or error-free, and (iii) any information or
communication that may be obtained from the use of our web
site will be accurate or reliable (and Tri-Power disclaims
any liability for damages that may arise from your reliance
on any such information or communication) or are free of viruses
or other harmful components.
c. You
assume the full responsibility and risk for any damage to your
computer or other consequences that result from your downloading
any information, software, or other materials through our web
site. Tri-Power shall have no liability for any
damage to your computer, including loss of data, that results
from your downloading any such materials.
d. Tri-Power shall
not be responsible for any order request if it is received
in an unintelligible or garbled form. However, Tri-Power will
make reasonable efforts to notify the sending party (if the
sending party is identifiable from the received order request)
that the order request was unintelligible or garbled. Some
states do not allow the disclaimer of implied warranties, so
this provision may not apply to you.
Limitation
of Liability: YOU
AGREE THAT Tri-Power SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY,
OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES
FOR LOST PROFITS OR LOSS OF GOODWILL, USE, OR DATA (EVEN
IF Tri-Power HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES), THAT RESULT FROM: (a) YOUR USE OF
OR INABILITY TO USE Tri-Power WEB SITE; (b) THE COST
YOU INCUR TO SUBSTITUTE FOR ANY GOODS YOU PURCHASED THROUGH Tri-Power WEB
SITE; (c) ACCESS TO OR ALTERATION OF YOUR PERSONALLY-IDENTIFIABLE
INFORMATION OR OTHER INFORMATION IN AN UNAUTHORIZED MANNER;
(d) REPRESENTATIONS OR CONDUCT OF ANY THIRD PARTY RELATED
TO THE Tri-Power WEB SITE, INCLUDING OUR ADVERTISERS
AND BUSINESS PARTNERS; OR (e) ANY OTHER MATTER RELATING
TO THE Tri-Power WEB SITE. Some states do not
allow the limitation of liability, so this provision may
not apply to you.
Indemnity: You
agree to defend, indemnify, and hold Tri-Power harmless
from and against all losses, costs, damages, liabilities, and
expenses (including reasonable attorneys’ fees, court
costs, and other litigation and arbitration expenses) (“Losses”)
related to or arising from: (a) negligent acts or omissions
or intentional misconduct with respect to your use of the Tri-Power web
site or goods purchased from the Tri-Power web site; or
(b) claims for infringement of the proprietary rights
of any third party resulting from your use of the Tri-Power web
site or goods purchased from the Tri-Power web site in
violation of these Terms of Use.
Term
and Termination: These Terms of Use are
effective upon your acceptance signafied by your using
the site and shall continue until terminated in accordance
with this Section. Either party may terminate these
Terms of Use at any time upon thirty (30) days’ prior
written notice. Tri-Power also reserves the
right to terminate its relationship with you at any time. Upon
termination of these Terms of Use, you shall immediately
cease accessing the Tri-Power web site except to the
extent necessary to effectuate any of your obligations
or rights arising under any orders that are intended to
continue beyond such termination. In the event collections
proceedings or legal action become necessary, you agree
to pay all of Tri-Power costs and fees incurred, including
attorney's fees.
Intellectual
Property: The
content that Tri-Power provides on our web site, including,
but not limited to, text, graphics, images, and logos,
is owned by either Tri-Power or the party that has
provided the content to us and is protected by U.S. and
international copyright laws. Tri-Power is the sole
and exclusive owner of its compilation of this content
on our web site, and this compilation is also protected
by U.S. and international copyright laws. Unpermitted
copying of any of this content could lead to copyright
infringement.
Tri-Power, and other logos, slogans, and
product and service names used on this site
are trademarks owned by Tri-Power, its
subsidiaries, or its affiliates. You
agree not to display or use such trademarks,
in any manner, without the written permission
of Tri-Power. Trademarks and trade
names of third parties are the property of
those third parties, and are used by Tri-Power subject
to license, or subject to the fair use provisions
of U.S. trademark law.
General: You
agree that these Terms of Use describe the entire agreement
between us with respect to its subject matter. Tri-Power web
site was created and is operated under the laws of the State
of New Jersey. The laws of the State of New Jersey will
control the Terms of Use provided in these Terms and Conditions,
without giving effect to any principles of conflict of laws. Any
cause of action arising out of these Terms of Use shall be
determined in the federal and state courts sitting in the State
of New Jersey. If a court of competent jurisdiction
finds that any provision of these Terms of Use are invalid
or unenforceable, we both agree that the other provisions of
these Terms of Use will remain in full force and effect.
You agree that regardless of any applicable law to the contrary, you
cannot file a claim or cause of action arising out of or related to the Tri-Power web
site or these Terms of Use more than one (1) year after such claim or
cause of action arose.
Tri-Power will not be liable to you or
be deemed to be in breach of its obligations
hereunder for any delay or failure in performance
caused by acts beyond Tri-Power reasonable
control, including, without limitation, acts
of God, war, terrorism, accidents, fires, floods,
strikes, labor disputes, mechanical breakdown,
shortages or delays in obtaining supplies,
materials, labor, or transportation, interruption
of utility services or the Internet, acts of
any unit of government or any governmental
agency, or any similar or dissimilar cause.
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