Copyright © 2010-2020 Tri Element Systems, LLC. All Rights Reserved.
Last updated: July 25, 2012
Parties and Contact Information
In these Terms, “Website” refers to trielementsystems.com; the words “we”, “us”, and “our” refer to Tri Element Systems, LLC, a California limited liability company, and its owners, members, officers, employees, and agents; and the words “you”, “your”, and “user” refer to all individuals and/or entities accessing the Website or purchasing products or services from us and your agents, successors, and assigns. We may be contacted as follows:
Tri Element Systems, LLC
General Usage Rules and Limited License
You agree to use the Website in good faith and in compliance with all applicable laws. You agree not to disrupt, modify, or interfere with us, our Website, or servers, or any third-party to which these services are outsourced, in any way, and you agree not to impede or interfere with others’ use of the Website. You further agree not to alter or tamper with any information or materials on or associated with the Website. Other than connecting to our servers (or the servers of our Internet service provider), you may not attempt to gain access to such servers by any means.
If you are eighteen years of age or older and in a jurisdiction where the Website complies with all local laws, we grant you a personal, exclusive, non-transferable, limited, and revocable license to use the Website at your own cost, subject to these Terms. You may not use the Website in a manner that exceeds the rights granted for your use of the Website, which includes use by minors under the age of eighteen and unauthorized copying or distribution of any of the content displayed or used on the Website or creating an authorized derivative work.
You acknowledge and agree that the Website and the information, content, and software presented to you through or by the Website or used in connection with the Website, contain proprietary and confidential information that is protected under U.S. and international intellectual property laws, including those pertaining to the protection of copyrights, trademarks, service marks, trade names, trade dress, and patents, and security components that protect digital information. Except as authorized by us in writing, you agree not to sell, rewrite, copy, modify, redistribute, create derivative works, or rent any part of the Website or any information presented to you through the Website, in whole or in part. We reserve all of the other rights not granted in these Terms. You agree not to access the Website by any means other than through the standard interface(s) that is provided by us for use in accessing the Website.
Information Provided By You
Disclaimer of Website Warranties
WE PROVIDE THE WEBSITE “AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE”. WE MAKE NO EXPRESS WARRANTIES OR GUARANTEES ABOUT THE WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES THAT THE WEBSITE IS MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, INCLUDING ANY INFORMATION OR CONTENT OBTAINED AS A RESULT OF USING THE WEBSITE, WILL BE EFFECTIVE, RELIABLE, ACCURATE, OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS THE WEBSITE AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OUR REPRESENTATIVES SHALL CREATE A WARRANTY. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THESE TERMS CANNOT CHANGE. USE OF THE WEBSITE IS AT YOUR OWN RISK, AND WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE IS VIRUS- OR ERROR-FREE.
WE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE WEBSITE. THESE EXCLUSIONS APPLY TO, WITHOUT LIMITATION, ANY CLAIMS OF LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OF MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE OR OUR SERVICE PROVIDERS KNEW OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT THESE LIMITATIONS ARE INEFFECTIVE, OUR LIABILITY IN ALL INSTANCES SHALL BE LIMITED TO THE GREATER OF ONE U.S. DOLLAR OR THE AMOUNT OF THE SUBJECT TRANSACTION(S), IF ANY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY IN SUCH STATES AND JURISDICTIONS IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
If you are having difficulty with the Website, please contact us.
You acknowledge that we have not reviewed the content of all sites linked to or from our Website, and we are not responsible for the content or operation of any of those sites and do not take responsibility for them or endorse them.
You agree that we may, without prior notice, discontinue or modify, temporarily or permanently, the Website or any part thereof. We may additionally terminate your right to access the Website when, in its sole discretion, you have violated or threatened to violate these Terms or to otherwise disrupt or threaten the Website, us, or our suppliers or customers.
We work diligently to be as accurate and thorough as possible when describing our products and services on our website for both written and image quality. Prototypes and production models may vary. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on the Website, catalogs, or elsewhere is inaccurate at any time without prior notice (including after you have submitted your order). If you encounter slight variances or other issues and would like to inform us of your discovery, please contact us, as we wish to maintain an accurate and helpful Website.
Disclaimer of Product Warranties
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED HEREIN OR IN A SEPARATE AGREEMENT RELATING TO THE PURCHASE OF GOODS (IN WHICH CASE, THE TERMS OF SUCH AGREEMENT[S] SHALL CONTROL), WE MAKE NO EXPRESS WARRANTIES OR GUARANTEES ABOUT OUR PRODUCTS OR SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES OR WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE AND TRADE THAT THE MERCHANDISE IS MERCHANTABLE, OF SATISFACTORY QUALITY, VALUE, ACCURATE, OR FIT FOR A PARTICULAR PURPOSE OR NEED. WE DO NOT GUARANTEE THAT THE PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OUR REPRESENTATIVES SHALL CREATE ANY ADDITIONAL WARRANTY. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THESE TERMS CANNOT CHANGE.
WE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR TORT DAMAGES ARISING FROM THE PRODUCTS OR SERVICES OR YOUR USE OF THEM. THESE EXCLUSIONS APPLY TO, WITHOUT LIMITATION, ANY CLAIMS OF LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE OR OUR SUPPLIERS KNEW OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT THESE LIMITATIONS ARE INEFFECTIVE, OUR LIABILITY IN ALL INSTANCES SHALL BE LIMITED TO THE GREATER OF ONE U.S. DOLLAR OR THE AMOUNT OF THE SUBJECT TRANSACTION(S), IF ANY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY IN SUCH STATES AND JURISDICTIONS IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
These Terms shall be interpreted in accordance with the laws of the State of California and of the United States of America, without reference to choice of law provisions. The headings in these Terms are for convenient reference only, and are not to be used in interpreting these Terms. If any provision of these Terms shall be deemed to be illegal or unenforceable, to the maximum extent permissible under applicable law, such provision shall be deemed stricken from these Terms and the remaining provisions shall remain in full force and effect. These Terms represent the entire understanding of the parties with respect to its subject matter and supersede all prior agreements and understandings between them with respect to its subject matter. No terms, conditions, prior course of dealings, course of performance, usage of trade, understandings, purchase orders, or agreement purporting to modify, vary, supplement, or explain any provision of these Terms shall be effective unless in writing and signed by representatives of both parties authorized to amend these Terms.
Dispute Resolution, Jurisdiction, and Choice of Law
Any dispute concerning these Terms, the Website, any purchase of products or services from us, our products, services, advertising, copyrights, trademarks, or patents, or any other dispute between you and us shall be resolved in small claims court in Los Angeles County (if within the then applicable small claims court jurisdictional limits) and otherwise by binding arbitration before one arbitrator (when no party’s claim or counterclaim at the time of filing exceeds $25,000 or involves any equitable claim or demand for injunctive relief, and otherwise before a panel of three arbitrators) in Los Angeles County, California. You hereby irrevocably and unconditionally consent to this jurisdiction and further agree that the laws of California (except conflict of law provisions) and of the United States shall apply to any such or small claims court or arbitration proceeding. The party initiating the proceeding shall initially pay for the costs of suit or arbitration, and each party shall initially bear its own attorney fees and costs; however, the parties irrevocably covenant and agree that they shall request at the outset that the court or arbitrator determine the prevailing party and award costs and attorneys fees accordingly at the conclusion of the case or arbitration, in accordance with these Terms. The judgment of the arbitrator(s) shall be final, binding, and non-appealable, and may be entered as a judgment by any party in any court of competent jurisdiction. Nothing herein shall be deemed to restrict or prohibit any court proceeding to compel arbitration, clarify rights and obligations regarding arbitration, or for preliminary injunctive relief.