This website (the “Website”) is owned and operated by Tri-Starr Services of Pennsylvania, Inc. (referred to herein as “TRISTARR,” “we,” “us,” or “our”). Please read these terms and conditions of use (“Terms”) carefully before using this Website. Accessing, browsing or using this Website is a privilege subject to the following Terms and indicates your agreement and acceptance of these Terms. By using the Website, you are agreeing to be bound by these Terms. If you do not accept these Terms, please do not use this Website.
Terms Subject to Change
TRISTARR reserves the right to change these Terms at any time by posting a new version on this Website. Please check this page periodically for changes as you agree to any such changes upon your continued use of the Website. When changes are made, we will update the effective date of these Terms.
The information contained on this Website, including all web page documents, images, audio and video files, all data and all content is provided for your use conditional upon your acceptance without modification of the Terms. We provide you with access to a variety of resources, including but not limited to product and service information (collectively “Services”).
You may download material from the Website only for your own personal, non-commercial use. While we encourage you to download and print information to help you understand our services, unless otherwise specified, no material on this Website, including but not limited to the content of the Website, may be modified, copied, downloaded, transmitted, distributed, performed, reproduced, published, licensed, transferred, sold, commercially or otherwise exploited, used to create works from or used in any other way, except with prior written permission of TRISTARR and with express attribution to TRISTARR. You may not alter or attempt to alter any material on the Website, or the Website itself. You also may not, without our permission, “mirror” any material contained on this Website or any other server. Any unauthorized use of any material contained on this Website may violate copyright laws, trademark laws, laws of privacy and publicity, and communication regulations and statutes.
NO UNLAWFUL OR PROHIBITED USE
Please feel free to browse the Website; however, your access to and use of the Website is subject to these Terms and all applicable laws. You may not use the Website in any manner that could disable, overburden, or impair any TRISTARR server, or interfere with any other person’s use and enjoyment of the Website, other accounts, computer systems or networks connected to any TRISTARR server or to the Website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through this Website. Your rights to use this Website may be further limited by international law, federal law or the laws or regulations in your particular country, state or locality. TRISTARR may, in its sole discretion, and at any time, modify or discontinue the Website, or limit, terminate or suspend your use of the Website, although TRISTARR is under no obligation to do so.
OWNERSHIP, TRADEMARK AND COPYRIGHT
You agree and acknowledge that TRISTARR is the owner or licensee of all rights in this Website and the materials that appear on the Website and that you will not challenge those rights or do anything that might impair or damage those rights. This Website is protected by copyright, trademark and other laws of the United States and other countries. Any unauthorized use of any material on this Website may violate such laws.
The trademarks, logos and service marks used and displayed on this Website (the “Trademarks”), are registered and unregistered trademarks owned or licensed by TRISTARR. Under no circumstances may you use any of the Trademarks displayed on this Website, or any other content on the Website, except as provided in these Terms or as otherwise authorized by TRISTARR. Any other use is strictly prohibited and TRISTARR will take all necessary action to enforce its rights. Nothing on this Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademarks without the written permission of the Trademark owner.
You should assume that everything you see or read on, or download from, this Website is copyrighted by TRISTARR or is licensed by TRISTARR, and may not be used except as provided in these Terms. If you make any permitted copies of the Website, or portions of the Website, such copies must include the appropriate copyright, trademark, or other proprietary notices. If you modify or use the materials for any other purpose, you will be violating the intellectual property rights of TRISTARR, which it vigorously protects.
TRISTARR respects the intellectual property rights of others. If you believe that any of your work was copied by another in a way that infringes your copyrights and is posted on this Website, please provide TRISTARR with the following information: 1) a description of your work that you believe was infringed; 2) a description of the work believed to be infringing and where it appears on the Website; and 3) your contact information – name, address, telephone number and e-mail address. This information should be accompanied by a statement that you believe, in good faith, that the infringing use is not authorized, and that, under penalty of perjury, all of the information you provide in this notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. This notice should be signed and provided to TRISTARR’s designated copyright agent as set forth below:
Tri-Starr Services of Pennsylvania, Inc
2201 Oregon Pike
Lancaster, PA 17601-4205
DISCUSSION BOARDS, BLOGS CONSUMER FORUMS, ETC.
This site may include unmonitored forums containing the personal opinions and other expressions of the persons who post entries on a wide range of topics. These forums are provided by TRISTARR as a service and convenience to its Website visitors. You should, however, understand the risks involved with using these types of forums.
You agree that you will not upload any material to this Website that infringes any proprietary right, including, but not limited to, copyrights or trademarks. You also agree not to upload any material that is obscene, libelous, defamatory, harassing, hateful, or racially, ethnically or otherwise objectionable. You also agree not to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity. You agree not to “stalk” or otherwise harass another or store personal data about other users. You agree not to disseminate unsolicited advertising or promotional material of any kind.
TRISTARR is not responsible for the information or material provided on this Website by others and cannot guarantee the accuracy of the information provided by any other party. Because we do not control the transactions between you and other users, you hereby acknowledge that TRISTARR is in no way liable for any claims arising from your use of this Website. As a condition of your use, you agree to indemnify TRISTARR for all claims relating to any material or information posted by you on this Website.
By submitting any information to blog, bulletin board, consumer forum or other similar service on the Website, you acknowledge and agree that TRISTARR may, in our sole discretion, remove or otherwise edit your submission.
DURATION OF THIS AGREEMENT
This Agreement will continue to be effective until you or we terminate it. You may terminate this Agreement at any time by destroying any and all materials you obtained from this Website, and by ceasing to use the Website in any way. We may terminate this Agreement immediately and without notice if we, in our sole discretion, decide that you have failed to comply with any term or condition of this Agreement or if we decide to modify the terms and conditions governing future use of the Website.
INFORMATION PROVIDED BY YOU
You agree through the use of this Website not to send any confidential or proprietary information belonging to you or any other entity to us unless specifically requested by us. Any material information or idea you transmit to or post on this Website by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by TRISTARR or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products or services.
Any contact or communication which you may make with us or our employees via this Website must be for TRISTARR business-related purposes and all such communications are property of TRISTARR, and subject to review and monitoring by us. You are prohibited from posting or transmitting to this Website any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law. You understand that information transmitted over public networks may be accessed by third parties and TRISTARR will not be liable for any such unauthorized disclosure.
THIRD PARTY CONTENT AND LINKED WEBSITES
This Website may contain links to other sites created and maintained by other organizations, which may or may not be related to TRISTARR. These links are provided for your convenience and are for reference only and you agree that the links do not imply that TRISTARR is affiliated or associated with, or that any linked site is authorized to use any trademark, trade name, logo or copyright of TRISTARR. TRISTARR makes no representation about any other site that you may access through its Website and is not responsible for the contents of any other site. TRISTARR does not endorse any products or services offered by any company or person linked to its Website.
DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY
Your use and browsing of this Website is at your sole risk. If you are dissatisfied with the Website or any of the materials on the Website, or with any of the Terms, your sole and exclusive remedy is to discontinue accessing and using the Website.
THIS WEBSITE AND THE INFORMATION CONTAINED ON THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWS, BOTH CURRENT AND FUTURE, TRISTARR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND OTHER VIOLATIONS OF RIGHTS. TRISTARR (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) DOES NOT WARRANT THAT THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TRISTARR (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE INFORMATION ON THIS WEBSITE, OR ANY MATERIALS OR INFORMATION OBTAINED AT LINKED INTERNET ADDRESSES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ERRORS OR OMISSIONS, THE ACCURACY OR REASONABLENESS OR FACTUAL OR SCIENTIFIC ASSUMPTIONS, STUDIES OR CONCLUSIONS, THE DEFAMATORY NATURE OF STATEMENTS, OWNERSHIP OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS, AND THE VIOLATION OF PROPERTY, PRIVACY, OR PERSONAL RIGHTS OF OTHERS. IF YOUR USE OF MATERIALS OR INFORMATION FROM THIS WEBSITE, OR MATERIALS OR INFORMATION OBTAINED FROM WEBSITES LINKED TO THIS WEBSITE, RESULTS IN NEED FOR SERVICE, REPAIR, OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICE, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES SHALL TRISTARR (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.
Materials published at this Website may refer to programs or services that are not available in your country. TRISTARR makes no representation that the contents of the Website are appropriate or available for use at locations outside of the United States, and access to the Website is prohibited from locations where some or all of the content is illegal. If you choose to access this Website from other locations, you do so on your own initiative and you are responsible for compliance with applicable local laws. You may not use the Website or export any contents of the Website in violation of U.S. export laws and regulations. By using this Website, you represent and warrant that you are not located in, under the control of, or a national or resident of any country on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders or Denied Persons List.
JURISDICTION AND GOVERNING LAW
TRISTARR operates and/or controls this Website (excluding linked sites) from its offices within the Commonwealth of Pennsylvania. You agree that the statutes and laws of the Commonwealth of Pennsylvania will apply to all matters regarding the use of this Website. You also agree to submit to the exclusive personal jurisdiction and venue of the state and federal courts located in Lancaster County, Pennsylvania with respect to such matters. TRISTARR makes no representation that the Website or the materials displayed on the Website are appropriate or available for use in any other jurisdictions or countries. If you attempt to access, use, or download the materials from this Website from other jurisdictions, you do so at your own risk, and you are responsible for complying with the laws of other jurisdictions.
Any failure by TRISTARR to enforce any of its rights under these Terms or under applicable law shall not constitute a waiver of such rights. If any provision of the Terms shall be deemed unlawful by a court of competent jurisdiction, or for any reason unenforceable, then that provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of any remaining provisions hereunder. These Terms contain the entire agreement between you and TRISTARR relating to your use of the Website.
Effective Date: November 9, 2015