TERMS AND CONDITIONS
THE INFORMATION CONTAINED HEREIN SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE TRANSACTION(S) CONTEMPLATED FOR HEREBY. PLEASE REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ENTERING INTO ANY TRANSACTION HEREUNDER IN ORDER TO CONFIRM YOUR ACCEPTANCE HEREOF. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE UNLESS AND UNTIL YOU: (A) AGREE TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY; (B) ARE AT LEAST 18 YEARS OLD; AND (C) ARE NOT PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS, OR SERVICES BY ANY APPLICABLE LAW, RULE, OR REGULATION. THESE TERMS REQUIRE THE USE OF ARBITRATION (ON AN INDIVIDUAL BASIS ONLY; I.E., CASE CONSOLIDATIONS AND CLASS-ACTIONS ARE NOT PERMITTED) IN ORDER TO RESOLVE DISPUTES. THESE TERMS CONSTIUTE THE ENTIRETY OF THE AGREEMENT BETWEEN YOU AND TROSS INC. REGARDING THE USE OF THIS SITE.
Terms & Conditions
Accessing this website (“Site”) constitutes your agreement to the following Terms and Conditions. If you do not agree with these Terms, you may not access the Site.
The Site is operated by Tross Inc. (“Tross,” “us” or “we”). We are a limited liability company incorporated in California.
We reserve the right to make changes to our Site, policies, and these Terms and Conditions. If any of these Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition. If you access the Site after we have posted changes to these Terms and Conditions, such access shall constitute your acceptance of those changes and the latest version of these Terms and Conditions will govern the relationship between you and Tross. At the bottom of this page, we will notify you of the date these Terms and Conditions were last updated.
You acknowledge that the Site contains information, data, images, videos, text, graphics, logos and other material (collectively, “Content”) that are the property of Tross or its product suppliers and protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of Tross and protected by U.S. copyright laws. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or adaptations of, or in any way exploit any of the Content, in whole or in part, without express written consent of Tross. You may view and store content of the Site for personal use, print single copies of content of the Site on articles of paper for personal use and share links to information on the Site using the sharing tools provided by the Site. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Site or any information displayed on the Site, through the use of framing, deep linking or otherwise, except: (a) as expressly permitted by these Terms; (b) with our prior written permission; or (c) the prior written permission from such third party that may own the trademark or copyright of information displayed on the Site.
Tross and other marks indicated on our Site are trademarks of Tross in the United States. This Site’s graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Tross. This Site’s trademarks and trade dress may not be used in connection with any product or service that is not Tross’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Tross. All other trademarks not owned by Tross that appear on this Site shall be considered the property of their respective owners.
Tross grants you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Tross. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Tross. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without express written consent of Tross. You may not use any meta tags or any other “hidden text” utilizing Tross’s name or trademarks without the express written consent of Tross. Automated access to this Site or access to this Site for any competitive purpose is strictly prohibited. Any unauthorized use terminates the permission or license granted by Tross.
If you use this Site, you are responsible for maintaining the confidentiality of the information you submit through the “My Account” feature and you are responsible for safeguarding your username and password. YOU AGREE TO ACCEPT RESPONSIBILITY FOR ALL ACTIVITIES THAT OCCUR UNDER THE “MY ACCOUNT” FEATURE OR ANY OTHER FEATURES ACCESSIBLE BY YOUR USERNAME AND PASSWORD. We reserve the right to refuse service, terminate accounts and to remove or edit content submitted by you in the “My Account” area of the Site.
Your consent to notices
You agree that we have the right to send you certain information in connection with the Site. We may send you this and any other information in electronic form to the e-mail address you specified when you created an account through the Site. You may have the right to withdraw this consent under applicable law, but if you do, we may cancel your rights to access the Site. Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you access and use the Site, you agree that you will have, or have access to, the necessary software and hardware to receive such notices. If you do not consent to receive any notices electronically, you agree to stop using or accessing the Site.
Usage by minors
This Site is not intended for or directed to persons who are minors (typically persons under the age of 18, depending on where you live). By registering with this Site, purchasing products from us or providing us with any information, you represent to us that you are legally permitted to enter into a binding contract (18 years of age or older in most jurisdictions). We require that all purchases be made by individuals who are not minors and who can legally enter into binding contracts (typically persons 18 years of age or older, depending on where you live). If you are under the age of 18 you should presume that you are a minor in your jurisdiction unless a proper determination finds otherwise.
For any information, data, images, videos, text, graphics and other material (collectively, “User Content”), sent, transmitted, or uploaded by you on the Site, you agree to grant Tross a nonexclusive, royalty-free, perpetual, irrevocable, transferable and sublicensable worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media, with or without attribution. You grant Tross and its sublicensees the right to use the name that you submit in connection with such content, if they choose. You understand that all your User Content may be visible to, sent to, and viewed by all other users of the Site, and you expressly waive any privacy rights you may otherwise have to your User Content.
You agree to fully indemnify Tross for all claims resulting from content you supply. Tross takes no responsibility and assumes no liability for any content posted by you or any third party. You agree not to post, upload, or transmit any User Content that violates the intellectual property rights of any third party including: copyright, patent, trademark, trade secret, publicity or privacy rights, or any other proprietary right of any party. You understand and agree that we do not monitor but reserve the right to review and delete any User Content for any or no reason at will, including but not limited to User Content that, in our sole discretion, (i) violates these Terms, (ii) is offensive, abusive, or otherwise objectionably or illegal, or (iii) may harm, violate the rights of or threaten the safety of any User and/or any other individual or entity.
Collection of tax
In states where we have no physical presence or “Nexus” we are not required to collect and remit sales tax for purchases. However, many states require that their residents file a sales or use tax return for items purchased on this Site. You should consult your state and local tax laws to determine compliance with tax laws and regulations in your area. In some states we collect and remit sales tax. For purchases where sales tax is applicable you will see the tax calculated on the checkout page before you are asked to confirm the purchase. We use reasonable commercial efforts to calculate and remit the correct amount of tax required on each taxable purchase, but we do not guarantee the accuracy of the amount of the tax we represent to you as the tax owed. Minor errors may occur owing to the inability to accurately track multiple taxing districts, state and local “tax holidays,” the timing of rate changes or the application of certain taxes to categories of items we sell. As a result of any error, we may overcollect or undercollect your tax. In consideration of our allowing you access to and use of the Site, and in collecting and remitting taxes required on your purchases, you hereby waive your right to claim that the tax collected on any purchase is incorrect in any respect and agree to hold us harmless, including our officers, directors, employees, agents and representatives, for any harm or other damages you may incur as a result of our error in calculating the taxes you owe for your purchases.
Risk of loss
All items purchased through the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon tender of the item to the carrier.
It is always possible that, despite our best efforts, some of the products listed on our Site may be incorrectly priced, the quantity or availability of a product may have changed prior to you placing your order, or other unintended errors may be displayed on the product page. We will use best efforts to verify prices, availability and confirm there are no errors on the product page as part of our product dispatch procedures.
Where a product’s correct price is less than our stated price, we will charge the lower amount (or refund the difference if already charged) when dispatching the product to you. If a product’s correct price is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection. At our sole discretion, we are under no obligation to provide the product to you at the incorrect lower price, even after we have sent you an Order Confirmation or a Shipping Confirmation.
On occasion, you may be able to place a product in your shopping cart and submit your order for processing, but your order is subsequently cancelled due to unavailability of product. You acknowledge that products may sell quickly and there may be a short period of time after an order has been submitted, but where the product is no longer available. You agree that we may cancel your order after you have received an Order Confirmation without penalty. On very rare occasions, you may receive a Shipping Confirmation from us, but the product is no longer available in inventory. You agree that we may rescind our acceptance and cancel your order without penalty if we are unable to ship the product you ordered due to unavailability.
We reserve the right to correct any errors, inaccuracies or omissions on a product page. We reserve the right to rescind our acceptance and cancel your order without penalty in the event there is an obvious and unmistakable error on the product page, in our reasonable discretion. If you have already received your order, we will do our best to resolve your concern.
Intellectual property infringement
Tross respects the intellectual property of others. We rely on a network of independent affiliates, third-party product providers, vendors, suppliers, designers, distributors, merchants, licensors and the like (collectively, “Associates”) who supply some of the goods advertised on the Site and, in some cases, drop ship them directly to our customers. In accordance with the Digital Millennium Copyright Act, we are not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of Content posted on or transmitted through the Site, or items advertised on the Site, by our Associates. If you believe that your rights under intellectual property laws are being violated by any Content posted on or transmitted through the Site, or items advertised on the Site, please contact us promptly so that we may investigate the situation and, if appropriate, block or remove the offending Content and/or advertisements. It is our policy to disable access to infringing materials, and to terminate access of repeat infringers to the Site. In order for us to investigate your claim of infringement, you must provide us with the following information:
The above information should be provided to our agent for notice of claims of copyright or other intellectual property infringement, who can be reached as follows:
36 Bromfield Street
Boston, Massachusetts 02108
Disclaimer of warranties and limitation of liability
THE SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. WE DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. TROSS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR ACCESS TO, VIEWING OF, BROWSING, VISITING OR USE OF THE SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TROSS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A SPECIFIC PURPOSE. TROSS DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM TROSS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TROSS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
The products on our Site are intended for personal, not commercial or business use, unless otherwise indicated. As such, you assume the risk when purchasing products for a commercial or business use or application.
Product liability disclaimer
TROSS MAKES NO WARRANTY, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SAFETY, RELIABILITY, DURABILITY AND PERFORMANCE OF ANY PRODUCT PROVIDED OR FEATURED ON TROSS’S SITE. IN NO EVENT SHALL TROSS BE LIABLE TO ANY BUYER OR THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL CONSEQUENTIAL DAMAGES, TO PROPERTY OR LIFE, WHATSOEVER ARISING OUT OF OR RELATING TO ANY PRODUCT PROVIDED OR FEATURED ON TROSS’S SITE. IN NO EVENT SHALL TROSS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL CONSEQUENTIAL DAMAGES, TO PROPERTY OR LIFE, WHATSOEVER ARISING OUT OF OR CONNECTED WITH THE MISUSE OF ANY PRODUCT PROVIDED OR FEATURED ON TROSS’S SITE.
Termination of usage
We may terminate your access or suspend your right to access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law, is in breach of these Terms and Conditions or is harmful to the interests of other users, Associates, or us. In addition, we reserve the right to refuse an order from any customer in our sole discretion.
Applicable law and Arbitration
By visiting this Site, you agree that the laws of the State of California governs these Terms and Conditions and any dispute that might arise between you and Tross.
THE PARTIES AGREE THAT ALL DISPUTES RELATED TO THE PRODUCTS OR SERVICES PROVIDED ON THIS SITE WILL BE FINALLY SETTLED THROUGH BI-LATERAL ARBITRATION AS FOLLOWS: (A) IN THE UNITED STATES, THE ARBITRATION WILL BE ADMINISTERED BY AAA IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES, GOVERNED BY THE UNITED STATES ARBITRATION ACT, 9 U.S.C. SEC. 1, ET SEQ., AND (B) OUTSIDE OF THE UNITED STATES, THE ARBITRATION WILL BE CONDUCTED PURSUANT TO THE RULES OF CONCILIATION AND ARBITRATION OF THE INTERNATIONAL CHAMBER OF COMMERCE. THE PARTIES AGREE THAT: (1) ALL ARBITRATION PROCEEDINGS WILL BE CONDUCTED IN THE ENGLISH LANGUAGE, (2) THE ARBITRATOR WILL HAVE NO AUTHORITY TO AWARD DAMAGES BEYOND ACTUAL DAMAGES, (3) THE ARBITRATION WILL BE CONDUCTED BY A SINGLE ATTORNEY ARBITRATOR WHO HAS SUBSTANTIAL EXPERIENCE AND KNOWLEDGE IN E-COMMERCE, (4) ANY AWARD RENDERED BY THE ARBITRATOR WILL BE ACCOMPANIED BY A REASONED OPINION AND ENTERED IN ANY COURT HAVING JURISDICTION, AND (5) THE PARTIES WILL ALLOCATE ALL ARBITRATION COSTS EQUALLY ALTHOUGH EACH PARTY WILL BE RESPONSIBLE FOR ITS OWN ATTORNEY FEES AND COSTS. THIS PARAGRAPH PROVIDES YOUR SOLE RECOURSE FOR THE SETTLEMENT OF ANY DISPUTES ARISING OUT OF, IN CONNECTION WITH, OR RELATED TO THESE TERMS AND CONDITIONS. IF ANY PROVISION OF THIS CLAUSE IS FOUND UNENFORCEABLE, SUCH UNENFORCEABLE PROVISION WILL BE REMOVED AND THE REMAINING TERMS WILL BE ENFORCED.
Last updated October 16, 2018