TERMS OF USE

Thank you for visiting the TriDelix website! Please review the following terms and conditions (“Terms of Use”) carefully, because they govern your use of our Website and purchase of our products (collectively, “Use”). Your Use of our Website constitutes your unconditional agreement to follow and be bound by the Terms of Use. If you do not agree with the Terms of Use, please do not further access or use this Website.

1. Shipping and Delivery

We will process and ship your purchase within ten (10) business days of your order, pending item availability and credit card verification. Orders must be placed by 1:00 p.m. to constitute a business day. For your convenience, we provide several options for shipping and delivery at the point you place your order, and we calculate your shipping rates based upon delivery preference. We also provide you with the online resource to track your order.

2. Exchanges and Returns

We take pride in the quality of our products. If you have received an item that is damaged, either in transit or from the factory, please take a picture of the product in the condition that it arrived to your home and send it to [email protected] You are entitled to an exchange of the damaged item, upon our determination of damage in our sole discretion. Be sure to take your picture and send it to us within five (5) days of delivery, because that is a condition to your receipt of an exchange. We do not accept exchanges for other reasons, and we do not accept returns. All sales are final.

3. Website Use

You agree to use our Website for lawful purposes only. You are responsible for your use of and communications at the Website. You agree not to post on or transmit through this Website any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use this Website in any manner that interferes with its normal operation or with any other user’s use and enjoyment of the Website.

4. Website Contents

Unless otherwise noted, the design of the Website, the Website as a whole and all products and materials that are part of the Website (collectively, “Contents”) are copyrights, trademarks or other intellectual properties owned, controlled or licensed by TriDelix, LLC. TriDelix, LLC authorizes you to view and download the Contents only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Contents. Except as expressly authorized by these Terms of Use, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Contents in any form or by any means, without the prior written authorization of TriDelix, LLC.

5. Third Party Websites

This Website may include links to other websites maintained by third parties. We provide website links solely as a convenience to you, and the inclusion of website links on this Website does not imply endorsement by TriDelix, LLC of the safety, content or serviceability of those websites. You access linked websites at your own risk and by doing so, you leave our Website. Linked websites are not under the control of TriDelix, LLC, and TriDelix, LLC is not responsible for the contents of any such website.

6. Privacy Policy

We value your privacy and will not take advantage of your patronage. It is our policy not to collect information about you and your transactions with us.

7. Disclaimer, Limitation of Liability and Indemnity

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THIS WEBSITE, ALL CONTENTS AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. TRIDELIX, LLC DISCLAIMS ALL WARRANTIES OF ANY KIND, BOTH EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TRIDELIX, LLC DOES NOT WARRANT THAT YOUR USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES TRIDELIX, LLC WARRANT THAT THIS WEBSITE AND ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. TRIDELIX, LLC SHALL NOT BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE, OR ANY INFORMATION OR MATERIALS PROVIDED ON THE SITE. TRIDELIX, LLC SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS TRIDELIX, LLC, ITS MEMBERS, OFFICERS, EMPLOYEES AND AGENTS, FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM OR ARISING OUT OF YOUR BREACH OF ANY OF THESE TERMS OF USE. Notwithstanding the foregoing, the sole and entire maximum liability of TriDelix, LLC for any reason, and your sole and exclusive remedy for any cause of action or claim whatsoever, shall be limited to the amount paid by you for the product(s) purchased by you from TriDelix, LLC on this Website.

8. Class Action and Jury Waiver

You agree to bring any dispute with us on an individual basis only, and not on a class, consolidated, representative or collective action basis. If our dispute proceeds in court, you forever waive your right to a jury trial and/or to participate in a class action. BY ACCESSING AND PROCEEDING TO USE THIS WEBSITE, YOU KNOWINGLY AND VOLUNTARILY WAIVE YOUR RIGHTS TO FILE A CLASS ACTION CLAIM AND TO OBTAIN A TRIAL BY JURY. NEVERTHELESS, YOU WISH TO ACCESS AND USE THIS WEBSITE.

9. Personal Jurisdiction and Venue

You agree that the Superior Court of the State of New Jersey shall have exclusive personal jurisdiction over this matter and that all court proceedings shall be venued exclusively in the Superior Court of the State of New Jersey.

10. Severability

If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions will not be affected.

11. No Waiver

The failure of TriDelix, LLC to insist upon strict adherence to any term of these Terms of Use shall not constitute a waiver of such term and shall not be considered a waiver or limit of TriDelix, LLC’s right to insist upon strict adherence to that term or any other term contained in these Terms of Use.

12. Comments and Feedback

For comments and feedback, please email us at [email protected], or give us a call at 800.454.1903. We welcome your communication and look forward to assisting you.