TERMS & CONDITIONS


This Web site is owned and operated by Tristar Products, Inc. (“Tristar”).  Tristar is pleased to offer its products and provide other related information and materials to you through this Web site.

IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU (referenced herein as “you” or “user”, or with “your”) AND TRISTAR THAT APPLIES EACH TIME YOU ACCESS OR USE ANY WEBSITE PROVIDED BY TRISTAR.  THEREFORE, YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF USE AGREEMENT (“TOU”) BECAUSE THEY GOVERN YOUR ACCESS TO AND USE OF THE INFORMATION, SERVICES, SOFTWARE FUNCTIONALITY, AND/OR MATERIALS (“SERVICES AND MATERIALS”) PROVIDED BY TRISTAR ON OR THROUGH THE WEBSITE (“Site”).  TRISTAR IS WILLING TO LICENSE THE USE OF THE SITE AND THE RELATED SERVICES AND MATERIALS TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS TOU.  IF YOU DO NOT AGREE WITH THE ENTIRETY OF THIS TOU, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR USE THIS SITE AND/OR THE SERVICES AND MATERIALS, AND YOU ARE HEREBY INSTRUCTED TO EXIT THIS SITE IMMEDIATELY.

 


1. LICENSE GRANT.

Subject to your continued compliance with the terms and conditions of this TOU, Tristar provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicenseable, 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 hard copies any copyright and/or 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, from time to time, 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.  Tristar hereby reserves any and all intellectual property rights not otherwise expressly granted in this TOU.



2. RESTRICTIONS. 

Notwithstanding the foregoing license grant, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein, the Site. 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. ON-LINE-PURCHASES; SPECIFIC PROGRAMS; OTHER TERMS AND CONDITIONS.

Additional notices, terms, and conditions (including, without limitation, payment terms) may apply to the purchase of 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 on-line 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.


5. PRIVACY POLICY.

You hereby understand, acknowledge, and agree that the operation of certain portions of the Site and/or the receipt of certain information or benefits may require the submission, use, and dissemination of certain personally identifiable information. Accordingly, if you wish to access and use those areas of the Site, and/or receive such information or benefits, you acknowledge and agree that your use of this Site will constitute acceptance of Tristar’s personally identifiable information collection and use practices. Please see Tristar’s Privacy Policy for a summary of Tristar’s personally identifiable information collection and use practices. The Tristar Privacy Policy is located here: [Click her to view Privacy Policy]


6. POSTINGS.

The Site, and/or any social media page controlled by Tristar that is accessible directly through the Site (each, a “Tristar Social Media Page”), 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
  • statements or material 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 Web site is Copyright © 2014 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 through 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.


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© 2015 PRESENTED BY TRISTAR PRODUCTS, INC. ALL RIGHTS RESERVED.