Terms and Conditions
This site is the property of Triangle Tree S Corporation (“Triangle Tree”). You must be at least 13 years of age to use this site. Your use of this site, and any information, services or products made available through this site (collectively the “Services”) is subject to your agreement to the terms and conditions set forth herein. By clicking “I Agree” or by your use of this site, you agree to these terms and conditions. If you do not agree to be bound by these terms and conditions, then do not proceed any further and do not access or use this site or any of the Services made available herein.
Use of this site is solely at Triangle Tree’s discretion, and Triangle Tree reserves the right to prohibit anyone from accessing, browsing, supplying information to or downloading information from this site. You are not granted any rights in or to this site, any Services or any site related information, other than the limited right to use this site and the Services as we have authorized in accordance with the terms of this agreement and the policies and procedures that Triangle Tree may adopt and make available from time to time. Triangle Tree may terminate your access to this site at any time with or without cause.
This site contains information proprietary to Triangle Tree and its business partners and customers (“Information”) including but not limited to (i) the site’s look, feel and embodied know-how, ideas, concepts and images and (ii) information and data related to Triangle Tree, its business partners and its or their customers. You acknowledge that this Information may be treated as confidential by Triangle Tree, its business partners and customers and agree to take all reasonable measures to protect the confidentiality of the Information. United States copyright laws and international treaties also protect this site. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Our business partners or customers providing or using Information that is made available on this site, including yourself, are solely responsible for the accuracy and content of the Information supplied or used, and you agree not to supply any Information that infringes the intellectual property rights of any other party or that is misleading, fraudulent, defamatory, libelous, threatening, harassing, injurious to minors, pornographic, obscene or illegal. You agree (i) not to retransmit, publicly display, sell or use the Information provided for unauthorized business purposes and (ii) not to alter or remove any of the Information or any consent or other proprietary notice or legend on any of the Information, other than Information that you have supplied. You agree to comply with all applicable laws and regulations regarding your access to and use of the site and the Services.
If you make purchases on this site and pay by credit card, you grant to us permission to charge all fees incurred using the credit card you provide to us. If payment cannot be charged to your credit card or such payment is returned to us for any reason, we may either suspend or terminate your account and all services under this agreement and you will personally owe us any unpaid or owed balance. You will also be responsible for paying any applicable taxes relating to your purchases.
In the event a product is listed on the site at an incorrect price or with incorrect information, Triangle Tree reserves the right to correct such information and price without liability and orders for such products will be revised to reflect the correct price or information. Triangle Tree reserves the right to reject any orders placed on the site with or without cause.
Triangle Tree warrants to the original purchaser that products sold from this site shall be free from defects in material and workmanship for a warranty period of one (1) month from purchase. If buyer claims that a product violates such warranty, Triangle Tree, upon notice, will issue shipping instructions to buyer for return to Triangle Tree at buyer’s expense.
Triangle Tree sole obligation under its warranty shall be, at Triangle Tree’s option, to repair, replace or refund the price of any product that is proved to violate such warranty. This limited warranty shall not apply to any product not manufactured by Triangle Tree or any Triangle Tree product or component thereof which has been repaired or altered by anyone or to any product or component thereof that has been subject to alteration, accident, misuse, abuse, or neglect.
This warranty is buyer’s exclusive remedy and Triangle Tree hereby expressly disclaims all other warranties, express or implied, including the implied warranty of merchantability and the implied warranty of fitness for a particular purpose. In no event, whether based on contract, tort (including negligence), equity, indemnity, warranty, and strict liability or other theory, shall Triangle Tree be liable to the buyer for indirect, incidental, consequential, special, exemplary, punitive or other damages whatsoever including, without limitation, loss of profit or revenue.
The foregoing shall constitute the sole remedy of the buyer and the sole liability of Triangle Tree. Only the terms expressed in this limited warranty shall apply and no distributor, corporation or individual is authorized to amend, modify or extend this limited warranty in any way on resale.
Triangle Tree products are not protective cases and are not designed to protect iPhones against scratches, screen cracking, wind or impact damage or water damage, and Triangle Tree shall not be held liable for any damages of any kind to your iPod resulting from your use of Triangle Tree products. All items purchased from Triangle Tree are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery of such items to the carrier.
Except as expressly stated herein, Triangle Tree makes no representations or warranties, either express or implied, of any kind with respect to products sold on the Triangle Tree site. This site and any information, product, material or service obtained by you from this site, including, without limitation, the Services, are provided “as-is”, without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability and fitness for a particular purpose, and any warranties that may arise from course of dealing, course of performance or usage of trade.
Limitation of Liability
You assume full responsibility and all risk of loss resulting from your use of this site and any information or products sold on this site or received by you from your use of this site. Under no circumstances shall we, or any of our employees, affiliates, subsidiaries, suppliers, distributors, licensees, agents or representatives be liable for any indirect, incidental, consequential, special, exemplary, punitive or other damages, arising out of or relating in any way to this site and/or any materials contained on this site, any linked site or any product or service purchased through this site. Our total liability shall be limited to any amount paid by you to use this site or for the cost of products purchased by you from this site, and you hereby release us and our employees, affiliates, subsidiaries, suppliers, distributors, licensees, agents and representatives from any and all suits, obligations, damages, liabilities and claims, known or unknown, in excess of such limitation.
This agreement constitutes the entire agreement between you and us. Any heading, caption or section title contained in this agreement is inserted only as a matter of convenience and in no way limits any section or provision herein. This agreement is not assignable by you except with our prior written consent. If any provision of this agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This agreement shall be governed and construed in accordance with the laws of the State of New York, USA, without regard for its conflict of laws principles. Any action in connection with this site and/or this agreement shall be brought only in state or federal court located in Kings County, New York, USA and you shall submit to the exclusive jurisdiction of the courts of such state.
The site actively collects Personal Information from you when you register with the site, when you send any e-mail to the site administrator, and when you submit any information to the site. The kinds of Personal Information you may provide include your name, address, phone number, e-mail address, user ID, credit card information, and other information that you include in any communication or submission. We may use this Personal Information to register you with the site, open an account with the site, to process purchase orders that you place through the site, to respond to your inquiry or the issue you pose to the site administrator, to post your submissions to the site and to provide information to others regarding your use of the site. We may also use Personal Information to notify you about products and services that may be of interest to you. If you wish to subscribe to a newsletter that we may offer to you, we will use your name and email address to send the newsletter to you. Out of respect for your privacy, we will provide you a way to unsubscribe. If you no longer wish to receive our newsletter and/or promotional communications, you may opt-out of receiving them by following the instructions included in each newsletter or communication or by emailing us at: firstname.lastname@example.org.
The site may also passively collect certain kinds of information that reveal the frequency with which you visit the site, the times and dates of your visits, the pages you reviewed, your purchase history, products that your view, persons with whom you interact and other information. Information is collected through various means. We use Internet protocol (IP) addresses to administer the site. We use navigational data, including log files and transmission data, to identify information about your web browser and operating system, the time period in which you visit the site or a portion of the site and other the site members with whom you collaborate. We also may use a third-party tracking service that uses tracking technologies to track non-personally identifiable information about visitors to our site in the aggregate. This information is used to administer the site, report usage metrics and otherwise operate and improve the site content.
Like many Internet sites, this site may use small text files called “cookies” that are sent to the hard drive of your computer to store bits of information related to your use of the site. Cookies can store a variety of information, including IP addresses, navigational data, server information, data transfer times, user preferences, and passwords needed to access the site. The “Help” section of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have your browser notify you when you receive a new cookie, or how to configure your browser to reject cookies altogether. However, if you disable cookies, you might not be able to access important functions or features of the site and your use of the site may be limited.
The site combines passively collected information (as described above) with actively collected Personal Information and such information may be recorded as part of your profile. We do record and use personal information provided by you in order to process orders on the site and provide customer service. This can include name, address information, shipping information and contact information you enter in the shopping cart. This information is used in conjunction with processing, shipping and fulfilling purchase orders.
We may disclose Personal Information to third party service providers performing services on our behalf, including those hosting our servers and providing other technical support services. We also may use third parties such as a payment processor to bill you for products and a shipping company to ship your order. When you purchase a product, we will share your name, address, credit card details, and purchase amount as necessary for the third party to provide that service. Credit card information is transmitted over a secure encrypted connection to a payment processor and stored in a datacenter until the transaction is completed, at which point it is removed unless you have requested to store your credit card details securely at the processor for future transactions.
We also may disclose or transfer Personal Information (and any related information) as necessary or appropriate: to effectively process orders; to protect the security of the site; to protect ourselves and our affiliated companies against liability; to protect our customers; to respond to subpoenas, judicial processes, or legitimate requests by law enforcement officials; if we believe in good faith that the law requires it; to the purchaser in connection with any sale, assignment, or other transfer of all or a part of our business or company; or where we believe in good faith that it is in the interest of the health, safety or protection of any third party. In any of these situations, the recipient of the Personal Information may be located in the United States or another jurisdiction that may not provide an equivalent level of data protection to the laws in your home jurisdiction.
Links to Other Sites
This Web site may contain links to other sites that are not owned or controlled by us. Please be aware that we are not responsible for the privacy practices of such other sites or any third party sites, blogs, etc. This privacy statement applies only to information collected by this Web site.
Access to Personally Identifiable Information
The security of your personal information is important to us. When you enter sensitive information (such as a credit card number and/or social security number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL). However, it is important to note that transmissions over the Internet are never 100% secure or error-free. As a result, we do not, and cannot, guarantee the security, accuracy, or completeness of Personal Information. However, we do take efforts to maintain reasonable physical, electronic, and managerial procedures to protect Personal Information against unauthorized disclosure or access.
Changes in this Privacy Statement