Site Terms & Conditions

1. General: Your access to Tri-Power’s web site (the “Tri-Power Website” or “Website”) is subject to these terms of use (the “Terms of Use” or “Terms”). These Terms constitute a binding Agreement between you and Tri-Power. These Terms may be updated from time to time without prior notice. It is your responsibility to periodically review these Terms for changes. Use of the Website after the posting of any changes to these Terms shall constitute your acceptance of those changes. Should you disagree with any Terms of this Website or any subsequent changes to these Terms of this Website then you should immediately cease accessing or using this Website.
2. Privacy Policy: The information that you provide us on Tri-Power Website is subject to the following Privacy Policy:
   1. The cookie banner you see when first visiting our site allows the following options: (i) Ok which means you agree that Tri-Power may use cookies to analyze traffic on our website or (ii) [Continue with essentials only] which means you do not consent to the use of cookies to analyze traffic on our website and as such we will not use cookies for any analysis however we are required to use, at a minimum, essential cookies which gather only non-identifiable data (as detailed to you before you agree to essentials only) to operate this website without using your information for analysis or (iii) “set privacy settings individually” which means after your click that link you can select which cookies you will allow (by hitting save after you check the boxes you want) provided however that we will use essential cookies as a minimum if you make no choice and hit save. To adjust your selection click [HERE] to clear your cookies and refresh the banner to make a new selection. Note: Your selection is valid for 6 months from the date you last selected; if you clear your cookies locally or if our site requires additional cookies from the date you last made a selection you will be provided a cookie banner in order to make a new selection.
   2. Information you may provide voluntarily via any online form(s) or otherwise is kept in strict confidence and is intended for the sole use of Tri-Power and shall not be shared with third parties except as provided for by applicable law.
   3. We request your name, address and contact information for the purpose of sending orders or responding to requests for information as well as for the purpose of contacting you if we have a question about your order or request. Credit card information, if provided, are only be supplied to a company or companies who process credit card payments. We will not share or sell email addresses.
   4. Occasionally this Website may provide links to other sites we think you might find useful. These sites are independent of Tri-Power and have their own privacy and security policies and have no connection with Tri-Power whatsoever.
3. Use of the Tri-Power Web Site: You may not reproduce, duplicate, copy, sell, or otherwise transfer or commercially exploit the Tri-Power Web Site (or any portion of it), without express written consent to do so. You may only use the Tri-Power Website in accordance with these Terms and all applicable laws, rules, and regulations. In the event Tri-Power believes that you have failed to comply any of these Terms Tri-Power has the exclusive right, in its sole discretion and without notice, to restrict your access to this Website or any other Tri-Power website. Tri-Power may also, in its sole discretion and at any time, discontinue any portion of the Tri-Power Website, in whole or in part, with or without notice. You warrant and agree to indemnify and hold harmless Tri-Power of any and all liability associated with your use of the Tri-Power Website during your use of the Website and if the Website is discontinued or modified in any way or if your ability to access the Tri-Power Website is suspended or terminated.
4. 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.
   1. 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 with Tri-Power Web site.
5. Links: Through the Tri-Power Website, you may be able to access links to other websites. Because Tri-Power has no control over such sites, you warrant 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 information by such sites, or for the information, products, content or other materials on or available from such sites or resources.
6. Disclaimers: You acknowledge and agree that:
   1. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. ANY FEATURES AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED TO YOU ON AN AS IS AND AS AVAILABLE BASIS.
   2. 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.
   3. You warrant and agree that Tri-Power shall 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. You further warrant and 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 Website or of your ability to access it.
   4. Tri-Power also disclaims any warranty that (i) this Website will meet your requirements, (ii) operate uninterrupted, timely, secure, or error-free, and (iii) any information or communication that may be obtained from the use this Website 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.
   5. 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 this Website. Tri-Power shall have no liability for any damage to your computer or network, including any loss of data, which results from your download of any such materials.
   6. Tri-Power shall not be responsible for any order request if it is received in an unintelligible manner. 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.
   7. 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 WEBSITE (B) THE COST YOU INCUR TO SUBSTITUTE FOR ANY GOODS YOU PURCHASED THROUGH TRI-POWER WEBSITE (C) ACCESS TO OR ALTERATION OF YOUR INFORMATION OR OTHER INFORMATION IN AN UNAUTHORIZED MANNER (D) REPRESENTATIONS OR CONDUCT OF ANY THIRD PARTY RELATED TO THE TRI-POWER WEBSITE, INCLUDING OUR ADVERTISERS AND BUSINESS PARTNERS OR (E) ANY OTHER MATTER RELATING TO THE TRI-POWER WEBSITE.
   8. 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 Website or (b) claims for infringement of the proprietary rights of any third party resulting from your use of the Tri-Power Website or goods purchased from the Tri-Power Website in violation of these Terms.
   9. Term and Termination: These Terms are effective upon your acceptance signified by your use of this Website and shall continue until terminated in accordance with these Terms. You may terminate these Terms at any time. Tri-Power also reserves the right to terminate at any time without notice. Upon your termination of these Terms either by you or Tri-Power, you shall immediately cease use and access of the Tri-Power Website 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.
   10. Intellectual Property: The content that Tri-Power provides on this Website, 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 this Website, and this compilation is also protected by U.S. and international copyright laws. Un-permitted copying of any of this content is a copyright infringement.
   11. Tri-Power, and other logos, slogans, and product and service names used on this Website 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.
   12. Entire Agreement and Venue: You agree that these Terms constitute the entire Agreement between you and Tri-Power with respect to this Website. The Tri-Power Website was created and is operated under the laws of the State of New Jersey. The laws of the State of New Jersey will govern the Terms of this Website, without giving effect to any principles of conflict of laws. Any cause of action arising out of these Terms 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, both parties agree that the other provisions of these Terms will remain in full force and effect.
   13. 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 Website or these Terms more than six (6) months after such claim or cause of action arose.
   14. 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.