TERMS OF SERVICE (TOS)
Welcome to this web sites owned and operated by the Tristar Products, Inc. and its affiliates and/or subsidiaries (“Tristar Products”). Tristar Products is pleased to offer its products and provide other related information and materials to you through this Web site located at www.geniebra.com.
IMPORTANT - BEFORE INSTALLING, ACCESSING, OR USING ANY PART OF THIS
SITE, YOU SHOULD READ THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF SERVICE AGREEMENT (THE “TOS”) CAREFULLY AS THEY GOVERN YOUR ACCESS TO AND USE OF THIS SITE (COLLECTIVELY, THE“TRISTAR SITES”). TRISTAR PRODUCTS IS WILLING TO LICENSE THE USE OF THIS SITE TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT ALL
OF THE TERMS AND CONDITIONS CONTAINED IN THIS TOS. IF YOU DO NOT
AGREE WITH THIS TOS, YOU ARE NOT GRANTED PERMISSION BY TRISTAR PRODUCTS TO ACCESS OR OTHERWISE USE THIS AND ARE INSTRUCTED
TO EXIT IMMEDIATELY.
TERMS AND CONDITIONS
1. LICENSE GRANT. This site is provided by Tristar Products, and this TOS provides to you (identified herein as "you" or a "User") a personal, revocable, limited, non-exclusive, royalty-free, nontransferable license to use this site conditioned on your continued compliance with the terms and conditions of this TOS. You may print and download materials and information from this site solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. This TOS is only a license and not an assignment or sale. Accordingly, you expressly acknowledge and agree that Tristar Products transfers no ownership or intellectual property interest or title in and to this site to you or anyone else.
2. LICENSE GRANT RESTRICTIONS. Notwithstanding the foregoing, 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, including, without limitation, for commercial purposes, this site and any of the information, images, text, graphics, interfaces, photographs, audio, video, sounds, artwork, designs, computer code (including html code), programs, software, and documentation found on or accessible through this site. Moreover, you may not (i) use any "deep link," "page scrape," "robot," "spider," or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of this site or in any way reproduce or circumvent the navigational structure or presentation of this site to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through this site, (ii) attempt to gain unauthorized access to any portion or feature of this site or any other systems or networks connected to this site or to any Tristar Products server(s) or to any of the services offered on or through this site, by hacking, password "mining," or any other illegitimate means, (iii) probe, scan, or test the vulnerability of this site or any network connected to this site, nor breach the security or authentication measures on this site or any network(s) connected to this site, (iv) reverse look-up, trace, or seek to trace any information on any other user of or visitor to this site, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of this site or Tristar Products' system(s) or network(s) or any system(s) or network(s) connected to this site, (vi) use any device, software, or routine to interfere with the proper working of this site or any transaction conducted on this site, or with any other person's use of this site, and (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 Products on or through this site. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY INFORMATION OR MATERIALS PROVIDED BY TRISTAR PRODUCTS TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
3. USER OBLIGATIONS. By installing, accessing, or using this site in order to view our information and materials and/or purchase a product, you 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 information via a registration or submission form found on any of this site. If you provide any false, inaccurate, untrue, or incomplete information, Tristar Products reserves the right to terminate your access and use of this site and/or cancel any of your product purchases or transactions with Tristar Products. 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 Products has endeavored in each instance to create a secure and reliable Site, you should understand that the confidentiality of any communication or material transmitted to/from this site over the Internet or other global communication network cannot be guaranteed. Accordingly, Tristar Products is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on this site, or for the consequences of any reliance on such information. You must make your own determination as to these issues.
4. 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 this site, unless otherwise indicated, are owned, controlled, and licensed by Tristar Products and/or its suppliers and are protected by law 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 as expressly provided herein, Tristar Products does not grant any express or implied right to you or any other person under any intellectual or proprietary rights. Accordingly, your unauthorized use of this site may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. Please be aware that Tristar Products actively and aggressively enforces its intellectual property rights to the fullest extent of the law. The www.geniebra.com Web site is Copyright © 2003-04-05-06-07-08-09-10 Tristar Products and/or its licensors. All rights reserved. Tristar Products also owns a copyright in the contents of each of this site as a collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of each of this 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 indicated, are owned by Tristar Products and/or its suppliers. [TRADEMARK] and all other names, logos, and icons identifying Tristar Products and its programs, products, and services are proprietary trademarks of Tristar Products, and any use of such marks without the express written permission of Tristar Products is strictly prohibited. Other product and company names mentioned herein may be the trademarks and/or service marks of their respective owners.
5. ON-LINE-PURCHASES; SPECIFIC PROGRAMS; OTHER TERMS AND CONDITIONS. Additional notices, terms, and conditions may apply to the purchase of goods, participation in a particular program, and/or to specific portions or features of any of this site, all of which are made a part of this TOS 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 a program, service, or feature. If there is a conflict between this TOS and the terms posted for or applicable to a specific portion of this site, including any areas to enable the on-line purchase of items or for any program or service offered on or through the site, the latter terms shall control with respect to your use of that portion of the site. Tristar Products' 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.
7. ENFORCING SECURITY ON THE SITE. Actual or attempted unauthorized use of this site may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986. Tristar Products reserves the right to view, monitor, and record activity on this site without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on this site. Tristar Products will also comply with all court orders involving requests for such information. In addition to the foregoing, Tristar Products reserves the right to at any time, and without notice, to modify, suspend, terminate, or interrupt operation of or access to this site, or any portion of this site, for any reason.
8. SUBMISSIONS. Tristar Products welcomes your feedback and suggestions about how to improve this site and/or the products and services of Tristar Products. By transmitting any suggestions, information, material, or other content (collectively, “feedback”) to Tristar Products, you represent and warrant that such feedback does not infringe, misappropriate, and/or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey such feedback to Tristar Products. In addition, any feedback received through these Tristar Sites will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for Tristar Products to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary.
9. THIRD PARTY PRODUCTS/SERVICES. Tristar Products, in its sole discretion, may post the advertisements of third parties on this site and/or feature materials, programs, products, and services provided by third parties. Tristar Products makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third party materials, programs, products, and services or any other materials, programs, products, and services which such third party materials, products, and services may access. Your correspondence or any other dealings with third parties found on this site are solely between you and such third party. Tristar Products expressly disclaims responsibility and liability for all third party provided materials, programs, products, and services contained on or accessed through this site, and you agree that Tristar Products shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties on this site.
10. LINKS TO OTHER SITES. Tristar Products may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience in locating related information, products, and services. These sites have not necessarily been reviewed by Tristar Products and are maintained by third parties over which Tristar Products exercises no control. Accordingly, Tristar Products expressly disclaims any responsibility for the content, materials, accuracy of information, and/or quality of the products or services provided by, available through, or advertised on these third party web sites. Moreover, these links do not imply an endorsement with respect to any third party or any web site or the products or services provided by any third party.
11. LINKS TO THESE SITES. Tristar Products encourages and permits text links to these Tristar Sites. However, Tristar Products is an organization committed to the highest ethics and standards and therefore, any links to this site should not suggest that Tristar Products promotes or otherwise endorses any third party products, services, programs, causes, campaigns, websites, or information unless Tristar Products has provided express prior written consent for such promotion or endorsement.
12. DISCLAIMER. WHILE TRISTAR PRODUCTS ENDEAVORS TO PROVIDE THE MOST ACCURATE, UP-TO-DATE, AND RELIABLE INFORMATION, SERVICES, SOFTWARE, AND MATERIALS AVAILABLE, THE INFORMATION, SERVICES, SOFTWARE, AND MATERIALS AVAILABLE ON OR THROUGH THESE SITES ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. TRISTAR PRODUCTS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY AUDIO, VISUAL, OR VIDEO CONTENT posted, made available through, or accessible on this site. MOREOVER, TRISTAR PRODUCTS MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE INFORMATION, SERVICES, AND MATERIALS AVAILABLE ON THESE SITES FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TRISTAR PRODUCTS MAY MAKE MODIFICATIONS AND/OR CHANGES WITH RESPECT TO THESE SITES OR IN THE INFORMATION, SERVICES, SOFTWARE, AND MATERIALS AVAILABLE ON THESE SITES AT ANY TIME AND FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION, SERVICES, AND MATERIALS AVAILABLE ON THESE SITES.
13. LIMITATION OF LIABILITY. You expressly absolve and release Tristar Products from any claim of harm resulting from a cause beyond Tristar Products' control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. MOREOVER, IN NO EVENT SHALL TRISTAR PRODUCTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THESE SITES OR WITH THE DELAY OR INABILITY TO USE THESE SITES, OR FOR ANY INFORMATION, SERVICES, AND MATERIALS AVAILABLE THROUGH THESE SITES, OR OTHERWISE ARISING OUT OF UTILIZATION OF THESE SITES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF TRISTAR PRODUCTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABLITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF TRISTAR PRODUCTS FOR ANY REASON WHATSOEVER RELATED TO USE OF ANY OR ALL OF THESE SITES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO TRISTAR PRODUCTS DURING THE PAST SIX MONTHS IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE.
14. INDEMNITY. You agree to defend, indemnify, and hold harmless Tristar Products and its affiliates and all of their employees, agents, directors, officers, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from any breach by you of this TOS.
15. GOVERNING LAW. This TOS has been made in and will be construed and enforced in accordance with the laws of the State of Connecticut as applied to agreements entered into and completely performed in the State of Connecticut. Any action to enforce this TOS will be brought in the federal or state courts presiding in Connecticut, U.S., and all parties to this TOS expressly agree to be subject to the jurisdiction of such courts. A printed version of this TOS and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this TOS to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. This site are controlled and operated by Tristar Products from its offices and facilities within the United States. Tristar Products makes no representation that this site are appropriate or available for use in other locations, and access to this site from territories or nations where any aspect of this site are illegal is prohibited. You access this site on your own volition and are responsible for compliance with all applicable local laws.
16. TERM AND TERMINATION. TERM AND TERMINATION. This TOS will take effect at the time you click“I ACCEPT”, “YES!”, “ORDER NOW”, “COMPLETE MY ORDER” or any button
constituting or implying an acceptance, through this site, respond to
a request for information, and/or begin installing, accessing, or
using any of this site, whichever is earliest. Tristar Products
reserves the right at any time and for any reason to deny you access
to any and/or all of the Tristar Sites or to any portion thereof and
to terminate this TOS. This TOS will terminate automatically if you
fail to comply with this TOS, subject to the survival rights of
certain provisions identified below. Termination will be effective
without notice. You may also terminate this TOS at any time by
ceasing to use this site, but all applicable provisions of this TOS
will survive termination, as identified below. Upon termination, you
must destroy all copies of any aspect of this site in your
possession. The provisions concerning proprietary and intellectual
property rights, submissions, indemnity, disclaimers of warranty and
liability, admissibility of this TOS, and governing law will survive the termination of this TOS for any reason.
17. WAIVER & SEVERABILITY. Failure to insist on strict performance of any of the terms and conditions of this TOS will not operate as a waiver of any subsequent default or failure of performance. No waiver by Tristar Products of any right under this TOS will be deemed to be either a waiver of any other right or provision or a wavier of that same right or provision at any other time. If any part of this TOS is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOS shall continue in effect.
19. CONTACT INFORMATION. If you have questions regarding this site or if you are interested in obtaining more information concerning Tristar Products and its products or services or permission to use any Tristar Products' content, please contact Tristar Products at 973-575-5400 (phone) or 973-575-6708 (facsimile).