Terms of Use
SECTION 1 – OVERVIEW
triodream.com (the “website” or “site”) is operated by TRIODREAM, LLC ( “we”, “us” and “our”). TRIODREAM offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you agree to be bound by the following terms and conditions (“Terms of Use” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all users of the site, including without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Use carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
In addition, please review our Privacy Policy here so that you may understand our privacy practices, which also govern your use of our website and your submission of personal information through the site.
Any new features or tools which are added to the current store shall also be subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Use by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with an online e-commerce platform that allows us to sell our products and services to you. You can view Shopify’s terms of use here, and its Privacy Policy here.
By agreeing to these Terms of Use, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of this site, violate any laws in your jurisdiction. You must not transmit any worms or viruses or any code of a destructive nature.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your information may be collected and used in accordance with our Privacy Policy. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the site, use of the site, or access to the site, or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE WEBSITE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the site (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the site.
SECTION 5 – PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Returns Policy, which you can view here.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our 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 descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in this material will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION PROVIDED BY USER
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail, billing address, or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information whenever you use the services on our site, including for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control or input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Use.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products, and services available via our site may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of those third-party websites, and we do not warrant and will not have any liability or responsibility for any third-party materials, products, services, or websites.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party websites. Please carefully review the third party's terms of use, privacy policies, and other policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products, services, or websites should be directed to the third party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example, contest entries) or, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable license under any and all intellectual property rights that you own or control to, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.
You represent and warrant that no part of your user content will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
Intellectual Property Complaints
We respect the intellectual property of others. If you believe that a work has been copied or used on this website in a way that constitutes trademark, right of publicity, copyright infringement, or violation of the Digital Millennium Copyright Act (“DMCA”), please use the information below to contact us. Please provide all relevant information to support your copyright complaint so that we can quickly and effectively take action as required.
SECTION 10 – INTELLECTUAL PROPERTY
All information and content available on the website including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization (collectively, “Content”) thereof are the property of TRIODREAM, our affiliates, partners or licensors, and is protected by United States, international, and state laws, including laws governing copyrights and trademarks and unfair competition. Neither the Content nor any portion of this Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent. Nothing stated or implied in this Terms of Use confers on you any license or right to use any Content, regardless whether the use is personal, non-commercial, or commercial.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally, there may be information on our site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. 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 is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information on the website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the website should be taken to indicate that all information on the website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our site will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the website will be accurate or reliable.
You agree that from time to time we may suspend the site for indefinite periods of time or take down the site at any time, without notice to you.
You expressly agree that your use of, or inability to use, the website is at your sole risk. The website and all products and services delivered to you through the website are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement, except to the extent that such representations and warranties are not legally excludable.
In no case shall TRIODREAM, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the website or any products or services procured using the website, or for any other claim related in any way to your use of the site or any product or service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the website or any content (or product) posted, transmitted, or otherwise made available via the website, even if advised of their possibility, and in no event shall our maximum aggregate liability exceed one hundred dollars ($100.00).
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless TRIODREAM and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the website, your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our services and cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination, and we may accordingly deny you access to our website (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
These Terms of Use and any policies or operating rules posted by us on this site or in respect to the website constitutes the entire agreement and understanding between you and us and govern your use of the website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).
Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Use and any separate agreements whereby we provide you services on this website shall be governed by and construed in accordance with New Hampshire law.
SECTION 19 – SHIPPING AND HANDLING
Due to Covid shipping times are not guaranteed and are general guidelines. We attempt to ship all orders in 48 hours from receipt Monday - Friday of non Holiday weeks. We do not ship on Holidays or weekends.
Please also note that a $7 surcharge is applied to orders that are shipped to APO & FPO addresses, as well as orders shipped to Alaska & Hawaii. You may experience a few extra days in shipping timelines.
We aim to process your order within 24 hours (Monday - Friday). Orders placed on weekends/holidays will be processed the following business day.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Use should be sent to us at contact@triodream.com