TERMS OF USE
Effective Date: December 4, 2025
1. Introduction
These Terms of Use (“Terms”) are an agreement between you and Trinity Supply Inc. and any other entity operating a website on which these Terms are posted (“Trinity,” “we,” “us,” and “our”). These Terms govern your use of (a) the websites, mobile applications, and other online platforms operated by Trinity where these Terms are posted (the “Platforms”), and (b) any services, features, and functionalities available on the Platforms or referenced in these Terms (the “Features” and, together with the Platforms, the “Sites”).
Please read these Terms carefully before using the Sites. Among other provisions that affect your legal rights, these Terms include an arbitration requirement and class action waiver set forth in Section 11, which, subject to limited exceptions, requires you and Trinity to arbitrate any Disputes (defined below) on an individual basis. Arbitration on an individual basis means that neither party will have the right for a judge or jury to decide its claims or to proceed in a class, consolidated, or representative capacity.
By (a) accepting these Terms using a mechanism made available on the Sites (such as by clicking an “I Agree” button or checking a box) or (b) otherwise using the Sites for any purpose other than solely to review these Terms, with notice of these Terms, you expressly represent that you (i) have reached the age of majority in your jurisdiction of residence (which is 18 in most U.S. states but higher in others) and (ii) agree to be bound by these Terms as a whole. If you do not agree to all provisions of these Terms, or if these Terms are not enforceable where you are located, you may not use the Sites. We would not provide the Sites without the conditions in these Terms. If you later seek to repudiate these Terms or any aspect thereof, you agree that such action would constitute a breach of these Terms, prohibiting you from enforcing any aspect of the Terms and entitling us to damages resulting from your breach.
If you are an individual using the Sites on behalf of, or for the benefit of, any corporation, partnership, or other entity with which you are associated (an “Organization”), then you are agreeing to these Terms on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to these Terms. In that case, references to “you” and “your” in these Terms refer to both you, the individual using the Sites, and to the Organization you represent.
2. Additional Terms
The Sites are subject to additional terms, conditions, rules, policies, and guidelines (“Additional Terms”), including our Privacy Policy, Shipping Policy, and Refund Policy. In addition, our store is hosted on Shopify Inc. Shopify Inc. provides us with an online e-commerce platform that allows us to sell our products and Services to you, and additional Shopify Terms may apply.
We may present Additional Terms to you via postings, pop-up notices, links, or other reasonable means. All Additional Terms are hereby incorporated by reference into these Terms. As such, any reference to the “Terms” herein includes the Additional Terms. If there is a conflict between the provisions herein and any Additional Terms, the Additional Terms will control, but only to the extent necessary to give effect to the relevant provision of the Additional Terms.
3. Updates to these Terms
These Terms may be modified by Trinity at any time. When we modify these Terms, we will provide notice to you by updating the “Effective Date” above. For material changes, we will seek to supplement such notice by email, a pop-up message on the Sites, another prominent notice on the Sites, or other reasonable means. Your continued use of the Sites after any changes constitutes your agreement to be bound by the Terms as modified.
4. Privacy
Please review our Privacy Policy which governs your submission of personal information through the Sites. By agreeing to these Terms, you are hereby representing to Trinity that you understand and accept how we collect, use, and disclose information concerning your use of the Sites, as set forth in our Privacy Policy – including for any information that may have been collected, used and/or disclosed prior to your review and acceptance of these Terms. You understand and agree that (a) we are justifiably relying on this representation in granting you access to the Sites and (b) if you later take legal action inconsistent with this representation, this will constitute evidence that your representation was false. In that case, we may elect to terminate these Terms, without prejudice to our ability to seek damages resulting from your breach. If you do not agree to the practices described in our Privacy Policy, you may not use the Sites, provide us with any information, or seek to enforce any aspect of these Terms.
5. Accounts
To access certain aspects of the Sites, it may be necessary to create an account (an “Account”), which may require you to select a username and password. You agree (a) to provide accurate and complete information and (b) not to act in a false or misleading manner during the Account creation process. Without limiting the preceding sentence, you agree not to adopt a username with the intention of imitating any other person or entity. You are solely responsible for maintaining the secrecy of your Account credentials and other sensitive Account information and for restricting access to your Account. You are fully responsible for the acts and omissions of any person that uses the Sites while logged into your Account.
6. Ownership of the Sites
A. Trinity Content
The contents of the Sites, including all text, images, videos, audio, designs, graphics, Trademarks (defined below), software, source and object code, data compilations, and the design, selection, and arrangement thereof (collectively, the “Trinity Content”) is the property of Trinity or its licensors and may not be used in any manner without prior written permission of the content owner. The Trinity Content is an element of the Sites; as such, any reference to the “Sites” herein includes the Trinity Content.
B. Your Limited License to Use the Sites
i. The License
We are providing you with access to the Sites pursuant to a limited, non-exclusive, non-transferable, revocable license (the “License”). The License is available to you unless and until you or we terminate these Terms, we otherwise suspend or terminate your access to the Sites, or you are barred from using the Sites by applicable law. Trinity reserves all right, title, and interest not expressly granted under the License to the fullest extent possible under applicable law.
Under the License, you are permitted to use the Sites only in the following limited ways: (a) you may access and browse the Sites, and use the features made available to you thereon, using a device that you own or are authorized to use (a “Device”); (b) your Device may temporarily store copies of the Trinity Content incidental to your use of the Sites; and (c) you may install a copy of any mobile applications that we make available from time to time (collectively, the “Apps”) on a Device.
You may not otherwise use, download, upload, copy, print, display, perform, post, reproduce, publish, license, transmit, or distribute any Trinity Content without the prior written consent of Trinity or, if applicable, the relevant licensor. Any unauthorized use of the Trinity Content may violate copyright laws, trademark laws, and other applicable laws. You agree to comply with reasonable written requests from us to help us protect our proprietary and intellectual property rights.
ii. Trademarks
The Trinity Content includes the trademarks, service marks, logos, slogans, trade names, and trade dress used on the Sites (the “Trademarks”). The absence of a trademark notice or symbol indicating the registration or ownership of the Trademark does not constitute a waiver of our or our licensors’ trademark or other rights. These Terms do not grant you any rights to use the Trademarks. Under no circumstances are you permitted to use the Trademarks in a manner that creates a likelihood of consumer confusion.
iii. Use for Litigation Purposes
Finally, the Sites are intended for users genuinely interested in our products and services. Under no circumstances may the Sites be used for the purpose of, or with the intention of, initiating litigation or arbitration, including using the Sites in order to trigger or induce an alleged violation of any law (“Litigation Purposes”). Use of the Sites for Litigation Purposes is strictly prohibited, exceeds the parameters of the License, and, as such, constitutes a breach by you of these Terms. In such circumstances, we may elect to terminate these Terms, without prejudice to our ability to seek damages, including attorneys’ fees, resulting from your breach. In no event can you seek to enforce these Terms if you are claim amounts to a repudiation of any aspect of these Terms, and Trinity will have no obligations to you under those circumstances.
The Sites may contain video content, audiovisual content, or content of a like nature (collectively, “Video Content”). Additionally, the Sites may include online technologies and code-based tools, including cookies, pixels, web beacons, and software development kits, that track and analyze information about your activity on the Sites (collectively, “Cookies”). You understand and agree that Trinity utilizes Cookies to operate the Sites, including to facilitate your viewing of Video Content and to process requests for Video Content.
Cookies may result in information about your use of the Sites, including information related to the webpages and Video Content that you access, being transmitted from your browser to Trinity and/or to third parties, which, in turn, may result in the display of targeted advertisements on third-party websites, applications, platforms, products, or services (“External Sites”). Whether Cookies on the Sites result in your browser’s transmission of information to third parties depends on a number of factors that may be outside of our knowledge or control, including what External Sites you use, what information you have provided to External Sites, and whether and the extent to which you have limited the use of Cookies by External Sites.
You hereby acknowledge and agree that, if Cookies on the Sites result in your browser’s transmission of information to External Sites, (a) you are consenting to the use of Cookies on the Sites and such transmissions to External Sites, (b) such transmissions do not constitute a “knowing disclosure” of “personally identifiable information” by Trinity under the Video Privacy Protection Act (18 U.S.C.A. § 2710) (“VPPA”), (c) such disclosures are conducted in the ordinary course of Trinity’s business, (d) such transmissions will not result in any injury to you, (e) all of Video Content provided through the Sites is intangible streamed content, and is therefore not “material” or in any way similar to prerecorded video cassette tapes, and (f) you will not initiate any litigation or otherwise assert any claim against Trinity based, in whole or in part, on such transmissions, whether under the VPPA, the California Invasion of Privacy Act (Cal. Penal Code § 630 et seq.), similar common law claims, or any other statute, regulation, or cause of action. All of the foregoing conditions are material to our ability and willingness to grant the License. If you do not agree to any of these representations, you are prohibited from using the Sites.
8. Chatbots
The Sites may include a chat service (the “Chatbot”), which may be powered, in whole or in part, by generative artificial intelligence. If you interact with the Chatbot, you may not be communicating with a human representative of Trinity, in part or in full; you are communicating with an automated software system that generates responses to your inputs (“Chatbot Output”). The Chatbot is provided for the limited purpose of providing information and responding to inquiries concerning the Sites and our Products. You agree to use the Chatbot solely for the intended purpose set forth in the preceding sentence and in compliance with these Terms.
Chatbot Output is provided for general informational purposes only. You should always verify Chatbot Output and should never rely solely on it. You agree that you are responsible for any decisions made or actions taken by you based, in whole or in part, on Chatbot Output. Unless we state otherwise in writing, any views or opinions expressed in Chatbot Output do not necessarily reflect those of Trinity. Chatbot Output may not be unique across users, meaning the Chatbot may generate the same or similar content for other users. You have no ownership or other proprietary interest in any Chatbot Output, and further agree that you have no expectation that your interactions with automated software systems over the public Internet will be or remain private or confidential, and you will not be injured in any way by the retention or further disclosure of the Chatbot Output. As such, you should not share any sensitive or personal data, or any proprietary or confidential information, with the Chatbot. Your interactions with the Chatbot may be recorded and retained by Trinity and/or our third-party technology vendors for the purpose of addressing your inquiries and otherwise assisting you, improving the operation of the Chatbot, and for any other purposes described in our Privacy Policy, and we may disclose these records to third parties in a manner consistent with our Privacy Policy.
9. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
A. DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TRINITY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE PRECEDING PARAGRAPH, TRINITY MAKES NO WARRANTY THAT (A) THE SITES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) THE SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF VIRUSES, ERRORS, OR OTHER HARMFUL COMPONENTS, OR ACCESSIBLE AT ALL TIMES OR FROM ALL LOCATIONS; (C) THE TRINITY CONTENT WILL BE ACCURATE OR RELIABLE; (D) THAT YOU WILL FIND THE TRINITY CONTENT TO BE SUITABLE OR UNOBJECTIONABLE; (E) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS; OR (F) ANY ERRORS ON THE SITES WILL BE CORRECTED. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ANY INFORMATION, OPINION, ADVICE, OR OTHER CONTENT AVAILABLE THROUGH THE SITES. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, PROVIDED BY TRINITY, BY A TRINITY EMPLOYEE OR AGENT, OR ON THE SITES, SHALL CREATE ANY WARRANTY WITH RESPECT TO YOUR USE OF THE SITES.
B. LIMITATION OF LIABILITY
TRINITY, ITS PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, AND LICENSORS, AND EACH OF THEIR OFFICERS, SHAREHOLDERS, MANAGERS, EMPLOYEES, AGENTS, DIRECTORS, AND LICENSEES (THE “RELEASED PARTIES”) SHALL NOT BE LIABLE FOR ANY OF THE FOLLOWING DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITES: (A) INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, STATUTORY, OR EXEMPLARY DAMAGES; (B) LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, USE, OR DATA, IN ALL CASES WHETHER DIRECT OR INDIRECT; (C) DAMAGES, INCLUDING FOR ANY DELAY OR FAILURE IN PERFORMANCE, ARISING FROM CAUSES BEYOND THE REASONABLE CONTROL OF THE RELEASED PARTIES; (D) DAMAGES ARISING FROM THE CONDUCT OF OTHER USERS OF THE SITES or their user content; or (e) damages relating to the delay, failure, interruption, disclosure, or corruption of any data or information transmitted in connection with the Sites, including any claims based on alleged invasions of privacy.
FURTHER, IN NO EVENT SHALL THE COLLECTIVE LIABILITY OF THE RELEASED PARTIES IN CONNECTION WITH ANY DISPUTE EXCEED THE GREATER OF (A) $250 USD OR (B) THE TOTAL AMOUNT PAID BY YOU TO TRINITY IN CONNECTION WITH TRANSACTIONS ON THE SITES IN THE TWELVE (12) MONTHS PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE (OR, IF THE DISPUTE INVOLVES MULTIPLE CLAIMS, THE DATE ON WHICH THE FIRST SUCH CLAIM AROSE).
THE TERMS OF THIS SECTION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 9(B) ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND TRINITY, AND THAT TRINITY WOULD NOT BE ABLE TO PROVIDE THE SITES OR ANY PRODUCTS WITHOUT SUCH LIMITATIONS.
C. Additional rights
SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND/OR THE LIMITATION OF LIABILITY FOR CERTAIN DAMAGES (“WARRANTY AND LIABILITY EXCLUSIONS”). Accordingly, NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, SOME OF THE WARRANTY AND LIABILITY EXCLUSIONS IN THESE TERMS MIGHT NOT APPLY TO YOU, EITHER IN WHOLE OR IN PART. NOTHING IN THESE TERMS SEEKS TO IMPOSE WARRANTY AND LIABILITY EXCLUSIONS IN A MANNER THAT IS PROHIBITED UNDER APPLICABLE LAW. YOU AGREE, HOWEVER, THAT ALL WARRANTY AND LIABILITY EXCLUSIONS IN THESE TERMS, WHETHER IN THIS SECTION OR ELSEWHERE, SHALL APPLY TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
10. Indemnification
You agree to indemnify, hold harmless, and, at their option, defend the Released Parties from and against any and all liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to (a) your breach of these Terms; (b) your use of the Sites; and (c) your violation of any law or the rights of any third party.
You agree that the Released Parties shall have the right to assume exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate if and as requested by us in the defense and settlement of such matter. If a Released Party assumes defense and control of any such matter, this shall not relieve you of your indemnification obligations. You agree never to settle any matter for which your indemnification is required absent our prior written consent.
Separately, if you initiate, or threaten to initiate, any litigation, arbitration, or otherwise assert any claim against the Released Parties that is based or relies, in whole or in part, upon a repudiation or breach of any promises, representations, warranties, agreements, or consents that you have made or provided pursuant to these Terms (collectively “Prohibited Legal Actions”), you agree to indemnify the Released Parties from and against any liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to the Prohibited Legal Action or your threat of the same.
11. Disputes; Arbitration
If there is any controversy, claim, action, or dispute arising out of or related to your use of the Sites, including any Products displayed on or purchased from the Sites, or the breach, enforcement, interpretation, or validity of these Terms or any part of them (each, a “Dispute”), you and Trinity hereby agree to resolve the Dispute through the dispute resolution procedures set forth in this Section 11, even if the Dispute arose prior to the Effective Date of these Terms.
A. Informal Dispute Resolution
You and Trinity agree to first attempt to avoid the costs of formal dispute resolution by giving each other a full and fair opportunity to address and resolve the Dispute informally. The party with the complaint (the “Complaining Party”) shall send written notice to the other party (the “Receiving Party”) describing the facts and circumstances of the Dispute (a “Dispute Notice”).
All Dispute Notices must: (a) be personally signed by the Complaining Party; (b) include the Complaining Party’s name, physical address, and email address; (c) describe with specificity the nature and basis of the Dispute in a manner sufficient for the Receiving Party to evaluate the merits of the Complaining Party’s individualized claim, and include any information reasonably accessible to the Complaining Party to support the Dispute, including any information in the possession of a third party and accessible to the Complaining Party; and (d) set forth the alleged damage and harm suffered and the specific relief sought with a calculation for it. Each Dispute Notice is limited to a single Dispute between you and Trinity. As such, your Dispute and those of others may not be combined into a single Dispute Notice.
Dispute Notices shall be sent as follows:
· To Trinity: You must send any Dispute Notice to (a) 2815 W. Magnolia Blvd., Suite B, Burbank, California 91505 and (b) by email to sales@trinitysupply.com.
You and Trinity will attempt to resolve the Dispute through informal negotiation within sixty (60) days beginning on the date that a valid Dispute Notice is sent (the “Informal Negotiation Period”). During the Informal Negotiation Period, you and Trinity are required to conduct an individual meet-and-confer in person, or via teleconference or videoconference, that addresses only the Dispute between you and Trinity (the “Conference”). If you are represented by counsel, your counsel may participate in the Conference, but you will also need to participate. Trinity will participate in the Conference through one or more representatives, which may include our counsel.
Both you and Trinity agree that the foregoing dispute resolution procedure (the “Informal Dispute Resolution Procedure”) is a condition precedent that must be satisfied before initiating any arbitration or litigation against the other party. If any aspect or requirement of the Informal Dispute Resolution Procedure has not been completed, the parties agree that (a) a court of competent jurisdiction can enjoin the filing or prosecution of any arbitration or litigation and (b) unless prohibited by law, no arbitration administrator shall administer any arbitration or demand fees in connection with the Dispute.
B. Individual Arbitration
IF ANY DISPUTE CANNOT BE RESOLVED THROUGH THE INFORMAL DISPUTE RESOLUTION PROCEDURE, YOU AND TRINITY AGREE THAT SUCH DISPUTE SHALL BE DECIDED EXCLUSIVELY BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT NEITHER PARTY WILL HAVE, AND YOU AND TRINITY EACH HEREBY WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE ITS CLAIMS, AND THAT NEITHER PARTY IS PERMITTED TO PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would have in court will not be available or will be more limited in arbitration, including discovery and appeal rights.
Any such Disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect, as modified by these Terms, before one arbitrator to be mutually agreed upon by both parties (a Dispute submitted to JAMS for arbitration being a “Demand for Arbitration”). The arbitration shall be conducted in accordance with the JAMS Consumer Arbitration Minimum Standards (the “Minimum Standards”) if, and only if, it is determined by JAMS or the arbitrator that the Minimum Standards are applicable to the Dispute. The Minimum Standards are available at www.jamsadr.com/consumer-minimum-standards. The location of any hearings will be determined by the applicable JAMS rules, provided that if the claim is for $5,000 or less, you may choose to (a) have the arbitration conducted solely on the basis of the documents submitted to the arbitrator or (b) hold a hearing by teleconference or videoconference.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms are void or voidable. You and Trinity agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of this Section 11 or the arbitrability of any claim or counterclaim. The award rendered by the arbitrator may be confirmed and enforced in a court of competent jurisdiction. Notwithstanding the foregoing, an arbitrator has no authority to entertain, and shall not accept, a Prohibited Legal Action.
This Section 11(C) applies to Mass Arbitrations (defined below) and supersedes any provision to the contrary in these Terms.
If you or Trinity files a Demand for Arbitration that is one of twenty-five (25) or more similar Demands for Arbitration filed against the other party (i.e., against you or Trinity) by parties represented by the same law firm or law firms acting in coordination (a “Mass Arbitration”), the arbitration of the Dispute, and all other Disputes constituting the Mass Arbitration, shall be conducted in accordance with the JAMS Mass Arbitration Procedures and Guidelines, including the JAMS Mass Arbitration Fee Schedule (the “Mass Arbitration Rules”). The Mass Arbitration Rules are available at www.jamsadr.com/mass-arbitration-procedures.
You and Trinity agree that, in the event of a Mass Arbitration, any issues arising under or relating to (a) the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms are void or voidable or (b) the jurisdiction of the arbitrator, including any objections with respect to the existence, scope, or validity of this Section 11 or the arbitrability of any claim or counterclaim, shall be decided by a court of competent jurisdiction.
In lieu of the dispute resolution procedures in Section 11(A)-(C), you or Trinity may (a) bring a claim or elect to resolve a Dispute in small claims court in the United States consistent with any applicable jurisdictional and monetary limits that may apply, so long as the action is litigated exclusively in small claims court and is not removed or appealed to a court of general jurisdiction; and (b) file a claim in court to (i) enjoin the infringement or other misuse of its intellectual property rights or (ii) seek a declaration that the other party is in breach of these Terms. For purposes of the small claims court claim, either party may elect to pursue the claim in small claims court if within the applicable jurisdictional limits.
You and Trinity agree that, to the extent permitted by applicable law, any claims referenced in the preceding paragraph must be brought and maintained on an individual basis. In addition, nothing in these Terms prohibits you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).
12. Choice of Law & Forum
A. Choice of Law
These Terms and your use of the Sites shall be governed by the laws of the United States and the State of Delaware, without regard to principles of conflict of laws. You expressly understand and agree that you will not bring claims under the law of any other state. As such, an action which does so, would constitute a Prohibited Legal Action. Any arbitration conducted pursuant to these Terms shall be governed by the Federal Arbitration Act, 9 U.S.C., Secs. 1-16.
B. Choice of Forum
Any Disputes not subject to arbitration pursuant Section 11, including those referenced in Section 11(D), shall be resolved by a court located in the state or federal courts of Delaware, and you hereby agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
13. Changes to the Sites
We reserve the right to modify, suspend, or discontinue the Sites and any aspect thereof, and you agree that Trinity shall not be liable for any such actions. These Terms shall automatically apply to all improvements and modifications to the Sites.
14. Termination of these Terms
These Terms will continue to apply until terminated by either you or Trinity. We may terminate these Terms, or suspend or terminate your access to the Sites, at any time if (a) we believe you have breached these Terms, (b) we stop providing the Sites or any material component thereof, or (c) as we believe necessary to comply with applicable law. You may terminate these Terms at any time by discontinuing your use of the Sites and, if applicable, deleting your Account.
If you or we terminate these Terms, or if we suspend or terminate your access to the Sites, you agree that (a) your right to access and use the Sites ceases immediately; (b) we shall have no liability to you in connection with the same; and (c) except as expressly provided otherwise by Trinity, we will not refund any amounts that you have already paid to us. Notwithstanding the preceding sentence, if you voluntarily terminate these Terms, and you are not barred from using the Sites by Trinity or applicable law, you are permitted to resume use of the Sites at a later date. You agree that any such resumed use of the Sites constitutes your renewed acceptance of the then-current version of these Terms.
15. Miscellaneous
A. Interpretation
In these Terms, the words “include,” “includes,” and “including” are used in an illustrative sense and shall be construed as if followed by “without limitation,” and the term “or” shall not be exclusive. Titles and headings to sections herein are included for convenience only and are not intended to affect the meaning or interpretation of these Terms. Any limited or specific disclaimers or limitations of liability found in these Terms shall not limit the effect, force, or breadth of any more general disclaimers or limitations of liability in these Terms. When these Terms refer to a decision or action that will or may be made or taken by Trinity, such decision or action shall be made, taken, or refrained from in our sole discretion and judgment.
B. Severability
If any provision of these Terms is deemed invalid, void, or for any reason unenforceable by a court or authority of competent jurisdiction, such provision shall be deemed severable and shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
C. Waiver
The failure of you or Trinity to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
D. Entire Agreement
These Terms (including, for clarification, any Additional Terms) set forth the entire understanding and agreement between you and Trinity with respect to your use of the Sites.
E. Assignment
You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms without restriction.
F. No Relationship
These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Trinity.
Trinity controls and operates the Sites from within the United States and makes no representation or warranty that the Sites are appropriate or available for use or access in any location outside of the United States. Anyone using or accessing the Sites from outside the United States does so at their own risk and is responsible for compliance with all applicable laws and regulations, including U.S. and international export control laws and regulations.
H. Notice to California Residents
If you are a California resident, with respect to any Warranty and Liability Exclusions in these Terms, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Further, California residents may reach (a) us at the contact information provided in Section 17 and (b) the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
I. Admissibility
You agree that all agreements, notices, disclosures, and other communications that Trinity provides to you (a) via a notice on the Sites or (b) an email to an address that we have on file for you will satisfy any legal requirement that such communications be in writing. You further agree that a printed version of these Terms and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings (including arbitration) based upon or relating to these Terms or your use of the Sites to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
16. Texting and Telephonic Contact
OPT-IN TELEPHONIC AND CHAT CONTACT TERMS & CONDITIONS
Program Description: Trinity may respond to inquiries and requests for information through various telephonic means (the “Program”), subject to the below Opt-In Telephonic and Chat Contact Terms and Conditions (the “Opt-In Terms”). If applicable, there is no cost or obligation associated with the Program referred to herein and you may opt out at any time by means specified below.
User Opt-In: The Program allows users to receive, among other communications, SMS/MMS mobile messages, telephone calls (including prerecorded messages) and other chat messaging through the website that include alerts, appointment and service reminder information, product information, and information about Trinity’s inventory and other services by users affirmatively opting into the Program, such as through providing your contact information and requesting information about the Trinity online, submitting an inquiry, and/or confirming your opt-in by replying to an opt-in confirmation message. Regardless of the opt-in method you utilized to join the Program, you agree that these Opt-In Terms apply to your participation in the Program. The mobile messaging and telephone system used by Trinity to communicate with you does not have the capacity to randomly or sequentially generate telephone numbers. Thus, Trinity’s mobile messages and calls are not sent to you by an automatic telephone dialing system (“ATDS” or “autodialer”). Nevertheless, by participating in the Program, you agree to receive automated messages and/or prerecorded calls to the telephone number you provided concerning Trinity’s products and services, and you understand that consent is not required to make any purchase from us. You further agree that when you submit an inquiry or other request to us, such as inquiring about a vehicle, trade-in, or service appointment, your inquiry constitutes a request for information. Both parties agree that our attempt(s) to contact you in order to respond to your inquiry shall be considered informational messages outside the scope of any telemarketing requirements under the Telephone Consumer Protection Act, the Telemarketing Sales Rule, and any comparable state laws.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent based on your interaction with Trinity and the Program.
Contact Information: For support, call (818) 558-6510.
Text Message Opt Out, DNC Requests and Additional Commands: To opt out of receiving text messages from us, reply “STOP” to any text message you received from Trinity on your mobile device. This is the easiest and preferred method to opt out of receiving text messages. You may receive an additional mobile message confirming your decision to opt out. The Program may recognize or respond to additional commands and keyword queries.
You may receive additional informational text messages based on your interaction with the Program, even after opting out of receiving the Program’s alerts. You acknowledge and agree that, notwithstanding any prior opt-out attempt, you consent to receive further messages from or on behalf of Trinity that result from your continued communication with the Program. Trinity may also provide you instructions on how to rejoin receiving the Program’s recurring mobile alerts when you unsubscribe. You agree that you are subject to the Terms, including any modifications thereto then in effect, when you re-subscribe to the Program through any of the available options to do so.
If you wish to opt out of receiving all telephonic communications from Trinity, you should instruct the Trinity employee you are working with to place you on Trinity’s internal do-not-call list.
MMS: The Program will send SMS MTs if your mobile device does not support MMS messaging.
Program Warranty: Trinity will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator, and is outside of Trinity’s control. Currently supported wireless carriers include AT&T, Boost, MetroPCS, Sprint, T-Mobile, Verizon Wireless, and Virgin Mobile. T-Mobile is not liable for delayed or undelivered mobile messages.
Privacy Policy: By participating in this Program, you acknowledge that you have reviewed and understand our Privacy Policy linked above, and consent to the practices described in that policy.
Miscellaneous: You warrant and represent to Trinity that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to these Terms unless explicitly stated otherwise in writing. Trinity reserves the right to change these Terms from time to time. Any updates to these Terms shall be communicated to you. You acknowledge your responsibility to review these Terms from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept these Terms, as modified.
17. Contact Us
If you have any questions, comments or concerns about the Sites or these Terms, please contact us at:
2815 West Magnolia, Blvd., Suite B, Burbank, California 91505
818-558-6510
sales@trinitysupply.com
