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Terms & Conditions Governing the Use of www.Triboh.com and Triboh products
Effective Date: November 1, 2015
- PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. THEY GOVERN YOUR USE OF THE SITE. IF YOU DO NOT AGREE TO THE TERMS STATED BELOW, YOU MAY NOT USE THE SITE.Your use of this Site constitutes your knowledge, understanding, and acceptance of the Terms, and your agreement to be bound by the Terms. Triboh may change, edit, modify, delete, revise, or update the Terms from time to time without notice, and your use of this Site after any changes, edits, modifications, deletions, revisions, or updates posted to the Site constitutes your agreement to comply with the posted Terms.
- The trademarks, trade names, trade dress, logos, and service marks (collectively, the “Trademarks”) displayed on this Site are the registered and/or unregistered Trademarks of Triboh, or such other third party that may own the displayed Trademarks. Nothing contained on this Site or in the Terms serves to grant to you, by implication or otherwise, any license or right to use any Trademarks displayed on this Site without the written permission of Triboh or such other third party that may own the displayed Trademarks.
- Site Contents and Copyright.
The text, Trademarks, logos, images, graphics, photos, video files, application functionality, or any other digital media, and their arrangement on this Site (“Content”) are all subject to patent, copyright, trademark and other intellectual property protection. Content may not be copied for commercial use or redistribution, nor may Content be modified, processed, or reposted to other websites. Access to and uses of this Site are solely for your purchase of Triboh products for personal use, information, education and communication with Triboh. You may download copy or print the Content of this Site for your personal non-commercial use only. No right, title or interest in any of the Content of this Site is transferred to you as a result of any downloading, copying, printing or use of this Site. All rights not expressly granted to you by these Terms are reserved.
- User Comments and Other Submissions.
While Triboh desires to receive feedback and testimonials from its customers (“Submission(s)”), please do not send Triboh any unsolicited creative or original concepts, ideas, materials or products, confidential or proprietary information, or the like. Triboh is under no obligation to use or compensate you for your Submissions. Triboh will not respond to you regarding your Submissions, and your Submissions will not be returned to you and will not be treated as confidential information.
- License to Use Submissions.
By submitting items to this Site, you represent that you own or have unencumbered, transferable rights and permissions, including, without limitation, licenses, rights of publicity, to the Submissions that you submit. If your Submission contains photographs or digital or video images that depict a child that is under the age of majority in their state of residence, you represent that you have written permission from the child’s parent or guardian to provide the photo, digital, or video image. If you make a Submission to this Site, you automatically grant Triboh a perpetual, worldwide, unlimited, irrevocable, transferable, assignable, royalty-free license for Triboh to use that Submission for any lawful purpose whatsoever, including, without limitation, the right to sub-license that Submission to third parties for their lawful uses and purposes. Subject to existing laws, you waive any moral rights that you or your licensors may have in any Submission.
- No Endorsement or Liability for User-Generated or Third-Party Content.
Although third-party or user-generated Submissions may be posted on this Site, the posting of those Submissions does not constitute Triboh’s endorsement of those Submissions. Triboh is not responsible or liable for any claim, including, without limitation, loss or injury to real, tangible, or intellectual property, violations of personal privacy or privacy rights, actual, consequential or punitive damages, personal injury, or wrongful death in connection with third-party or user-generated Submissions.
- Third-Party Links.
Third-party links on this Site may direct you to third-party websites that are not affiliated with Triboh that may be located in different countries, and those websites and the products sold on those websites are likely to be subject to the originating country’s regulatory or product safety requirements. Triboh is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions (“Third-Party Products”) made in connection with any third-party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding Third-Party Products should be directed to the third party.
- Copyrights and Digital Millennium Copyright Agents.
Pursuant to our rights under the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512, we have designated a copyright agent to receive copyright infringement notices for claims of infringement related to materials found on this Site. Our copyright agent is Triboh’s Managing Member. The agent can be reached at 630.443.1020, Chris@Triboh.com, or via U.S. Mail at: 220 N. Randall Road., St. Charles, IL 60174.
- On occasion, information on this Site may contain errors, including, without limitation, typographical errors, inaccuracies, or omissions related to product availability, special offers, product promotions, pricing information, product descriptions, or product shipping charges and transit times. Triboh reserves the right to, at any time without prior notice, correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate (including after you have submitted your order).
- Product and Pricing Information.
This Site, Content, product information, and any products sold through the Site into permitted jurisdictions are intended to comply with U.S. federal laws and regulations. Some products cannot be shipped to certain jurisdictions. If you are a non-U.S. based user, be advised that other countries may have laws, regulatory requirements, and product safety requirements that are different than those in the U.S.
- Triboh reserves the right, but is not obligated, to limit the sales of its products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All product descriptions, product designs and product pricing are subject to change at any time without notice at the sole discretion of Triboh. Triboh has no obligation to incorporate design changes in products previously purchased. Triboh reserves the right to discontinue any product at any time. For your protection, we reserve the right to cancel any order at any time. Any offer for any product or service made on this Site is void where prohibited. After placing an order you will receive a copy of your order via email. Please verify that your order is correct and call or email support@Triboh.com as soon as possible if something is incorrect. The price of an item is final at the time of sale.
- Personal checks cannot be accepted. Please use money orders, certified or cashier checks, PayPal, or credit/debit cards for payment. If you use your debit card (or any card linked to your checking account), the amount of your purchase may be charged to your account at the time of sale, or at the time of order fulfillment. The funds reserved for your order may be held by the bank, even though the transaction has not been finalized. The length of the hold is determined by your bank. Since debit cards are linked to cash accounts, changes or adjustments to your order can result in multiple pending transactions on your account. Triboh is not responsible for loss or inconvenience due to held funds.
- Sales Tax.
By law, sales tax is collected from and forwarded to those states with a Nexus. For residents not located in a state with Nexus it is the responsibility of the purchaser to determine if they are responsible to pay taxes on the purchases based on their laws of the local government. Any tax exempt purchases need to be made through customer service at 630.443.1020. No sales tax refunds will be given for online orders.
- All refunds will incur a 20% restocking fee. All return shipping charges are the responsibility of the customer. Returns are processed within 3-5 business days after being received by Triboh. All returns for exchange will ship UPS Ground. All sales are final for Clearance Closeout items. There will be no returns or exchanges accepted on these items.
- Resale of Product.
Certain Triboh sites may sell products to wholesale customers, however, you shall not use the www.Triboh.com to purchase products for re-sale or export. Triboh reserves the right to immediately bar access to the Site and terminate the account of any user who violates this provision.
- Limitations on Liability.
YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE: (1) THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK; (2) THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT THAT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE; AND (3) THAT TRIBOH WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE OUR SITE, INCLUDING, WITHOUT LIMITATION, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, COMPUTER VIRUS, OR NETWORK OR INTERNET FAILURE, OR INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS AND/OR LOSS OF OR DAMAGE TO PROPERTY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF TRIBOH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL TRIBOH’S TOTAL LIABILITY FOR ANY CLAIMS RELATED TO THIS SITE EXCEED FIFTY ($50) DOLLARS.
- BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, TRIBOH’S, ITS AFFILIATES’, AGENTS’, LICENSORS’ AND SUPPLIERS’ DAMAGES IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
- TRIBOH RESERVES THE RIGHT TO ALTER OR REMOVE SITE CONTENT, OR SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND TRIBOH WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF THAT ACTION.
- YOU AGREE TO INDEMNIFY AND HOLD TRIBOH, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY CLAIMS RELATED TO ORDER REQUESTS, DAMAGES, COSTS AND EXPENSES, INCLUDING ATTORNEY FEES, ARISING FROM OR RELATED TO YOUR USE OF THIS SITE OR BREACH OF THE TERMS.
- These Terms will remain in effect until you notify us that you no longer wish to use the Site, or you cease using the Site. Notwithstanding anything in these Terms to the contrary, the parties understand and agree that all terms and conditions of the Terms that may require continued performance, compliance, or effect beyond the termination date of these Terms will survive termination of the Terms and will be enforceable by the parties, including but not limited to Sections 2, 3, 5, 8, 9, 15, 16, 18, 20 and 22. Triboh may also terminate the Terms at any time and may do so immediately without notice, and accordingly deny you access to this Site, if in Triboh’s sole discretion, you fail to comply with any term or provision of the Terms. Upon any termination of the Terms by either you or Triboh, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as copies of such materials, whether made under the Terms or otherwise.
- Choice of Law and Forum; Consent to Electronic Communications.
These Terms will be governed and construed in accordance with the laws of the State of Illinois, without regard to its conflicts of law rules. For all disputes arising out of or relating to this Site or Terms, you submit to exclusive personal jurisdiction and venue of the courts located in Kane County, Illinois.
- When you visit this Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. Please verify that your account email address is current and valid. We will use this address to send your order confirmation and shipping information. If you need to change your email address, please call customer support at (630.443.1020). You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- Privacy Statement.
- Mockup Approval.
After submitting your order, you will receive an email mockup for the customized items on your order from one of our graphic designers within the established timeframe for providing mockups.
- Email is the preferred line of communication for revisions and is required for the final mockup approval. Without an email approval of the mockup, no production will be completed. By submitting your final mockup approval to our design team, you agree to the following terms:I verify that all lettering and/or word spellings, graphics, colors and content included in the approved mockup are correct. Triboh is not liable for errors in a final product caused by any of the following reasons: Misspelling, Graphics, Grammar, Punctuation and Final Appearance of Colors. Order approval cannot be given by text, voicemail or telephonic communication.
- NOTE: (Mockups are not always to scale and are used for demonstration purposes only, as all sizing and placement is per our standards. The colors displayed on your screen and shown on your mockup are not guaranteed to be a true match to the colors that will be on the finished product.)
- No other Agreements.
By agreeing to the Terms, you represent that you are at least the age of majority in your state of residence, or that you are the age of majority in your state of residence and you have given Triboh your consent to allow any of your minor dependents to use this Site. The provisions and conditions of the Terms constitute the entire agreement between you and Triboh related to the use of the Site and supersedes any prior agreements or understandings not incorporated in the Terms. The Terms are effective as of the Effective Date. Continued use of the Site by you after the Effective Date constitutes your acceptance of the Terms after the Effective Date.
- Should you have any questions concerning the Terms, or if you desire to contact Triboh for any reason, please contact our Webmaster.