Agreement between User and https://tricerusa.com/

Welcome to https://tricerusa.com/. The https://tricerusa.com/ website (the "Site") is comprised of  various web pages operated by Tricer. https://tricerusa.com/ is offered to you conditioned on your  acceptance without modification of the terms, conditions, and notices contained herein (the  "Terms"). Your use of https://tricerusa.com/ constitutes your agreement to all such Terms. Please  read these terms carefully, and keep a copy of them for your reference.  

https://tricerusa.com/ is an E-Commerce Site.  

Tricer is an online ecommerce website that strives to provide outdoorsman the best equipment  possible to take them further and harder into the backcountry. We sell tripods, bipods and  attachments for trekking poles. These products are lighter and stronger to help our hunters,  photographers and backpackers.  

Privacy 

Your use of https://tricerusa.com/ is subject to Tricer's Privacy Policy. Please review our Privacy  Policy, which also governs the Site and informs users of our data collection practices.    

Electronic Communications 

Visiting https://tricerusa.com/ or sending emails to Tricer constitutes electronic communications.  You consent to receive electronic communications and you agree that all agreements, notices,  disclosures and other communications that we provide to you electronically, via email and on the  Site, satisfy any legal requirement that such communications be in writing.    

Children Under Thirteen 

Tricer does not knowingly collect, either online or offline, personal information from persons under  the age of thirteen. If you are under 18, you may use https://tricerusa.com/ only with permission of  a parent or guardian.    

Links to Third Party Sites/Third Party Services 

https://tricerusa.com/ may contain links to other websites ("Linked Sites"). The Linked Sites are  not under the control of Tricer and Tricer is not responsible for the contents of any Linked Site,  including without limitation any link contained in a Linked Site, or any changes or updates to a  Linked Site. Tricer is providing these links to you only as a convenience, and the inclusion of any  link does not imply endorsement by Tricer of the site or any association with its operators.    

Certain services made available via https://tricerusa.com/ are delivered by third party sites and  organizations. By using any product, service or functionality originating from the  https://tricerusa.com/ domain, you hereby acknowledge and consent that Tricer may share such  information and data with any third party with whom Tricer has a contractual relationship to  provide the requested product, service or functionality on behalf of https://tricerusa.com/ users and  customers.    

No Unlawful or Prohibited Use/Intellectual Property  

You are granted a non-exclusive, non-transferable, revocable license to access and use  https://tricerusa.com/ strictly in accordance with these terms of use. As a condition of your use of  the Site, you warrant to Tricer that you will not use the Site for any purpose that is unlawful or  prohibited by these Terms. You may not use the Site in any manner which could damage, disable,  overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site.  You may not obtain or attempt to obtain any materials or information through any means not  intentionally made available or provided for through the Site.  

All content included as part of the Service, such as text, graphics, logos, images, as well as the  compilation thereof, and any software used on the Site, is the property of Tricer or its suppliers  and protected by copyright and other laws that protect intellectual property and proprietary rights.  You agree to observe and abide by all copyright and other proprietary notices, legends or other  restrictions contained in any such content and will not make any changes thereto.    

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create  derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.  Tricer content is not for resale. Your use of the Site does not entitle you to make any unauthorized  use of any protected content, and in particular you will not delete or alter any proprietary rights or  attribution notices in any content. You will use protected content solely for your personal use, and  will make no other use of the content without the express written permission of Tricer and the  copyright owner. You agree that you do not acquire any ownership rights in any protected content.  We do not grant you any licenses, express or implied, to the intellectual property of Tricer or our  licensors except as expressly authorized by these Terms.  

International Users 

The Service is controlled, operated and administered by Tricer from our offices within the USA. If  you access the Service from a location outside the USA, you are responsible for compliance with  all local laws. You agree that you will not use the Tricer Content accessed through  https://tricerusa.com/ in any country or in any manner prohibited by any applicable laws,  restrictions or regulations.  

Indemnification 

You agree to indemnify, defend and hold harmless Tricer, its officers, directors, employees, agents  and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's  fees) relating to or arising out of your use of or inability to use the Site or services, any user  postings made by you, your violation of any terms of this Agreement or your violation of any rights  of a third party, or your violation of any applicable laws, rules or regulations. Tricer reserves the  right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject  to indemnification by you, in which event you will fully cooperate with Tricer in asserting any  available defenses.  

Arbitration 

In the event the parties are not able to resolve any dispute between them arising out of or  This is a RocketLawyer.com document.

concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or  otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved  only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single  neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration  service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's  award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the  event that any legal or equitable action, proceeding or arbitration arises out of or concerns these  Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable  attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and  Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or  indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree  that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The  entire dispute, including the scope and enforceability of this arbitration provision shall be  determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms  and Conditions.  

Class Action Waiver 

Any arbitration under these Terms and Conditions will take place on an individual basis; class  arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE  THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S  INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY  PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH  AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE  OTHER. Further, unless both you and Tricer agree otherwise, the arbitrator may not consolidate  more than one person's claims, and may not otherwise preside over any form of a representative  or class proceeding.    

Liability Disclaimer 

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR  AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR  TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE  INFORMATION HEREIN. TRICER AND/OR ITS SUPPLIERS MAY MAKE  IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.    

TRICER AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE  SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF  THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED  GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM  EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION,  SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS  IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. TRICER AND/OR ITS  SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH  REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND  RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS  OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND  NON-INFRINGEMENT.   

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT  SHALL TRICER AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT,  PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY  DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR  LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY  CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY  OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR  FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,  PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE,  OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON  CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF  TRICER OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF  DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE  EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR  INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF  YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF  THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO  DISCONTINUE USING THE SITE.    

Termination/Access Restriction  

Tricer reserves the right, in its sole discretion, to terminate your access to the Site and the related  services or any portion thereof at any time, without notice. To the maximum extent permitted by  law, this agreement is governed by the laws of the State of California and you hereby consent to  
the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to  the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all  provisions of these Terms, including, without limitation, this section.  

You agree that no joint venture, partnership, employment, or agency relationship exists between  you and Tricer as a result of this agreement or use of the Site. Tricer's performance of this  agreement is subject to existing laws and legal process, and nothing contained in this agreement is  in derogation of Tricer's right to comply with governmental, court and law enforcement requests or  requirements relating to your use of the Site or information provided to or gathered by Tricer with  respect to such use. If any part of this agreement is determined to be invalid or unenforceable  pursuant to applicable law including, but not limited to, the warranty disclaimers and liability  limitations set forth above, then the invalid or unenforceable provision will be deemed superseded  by a valid, enforceable provision that most closely matches the intent of the original provision and  the remainder of the agreement shall continue in effect.  

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user  and Tricer with respect to the Site and it supersedes all prior or contemporaneous communications  and proposals, whether electronic, oral or written, between the user and Tricer with respect to the site. A printed version of this agreement and of any notice given in electronic form shall be  admissible in judicial or administrative proceedings based upon or relating to this agreement to the  

This is a RocketLawyer.com document.

same extent and subject to the same conditions as other business documents and records originally  generated and maintained in printed form. It is the express wish to the parties that this agreement  and all related documents be written in English.  

Changes to Terms 

Tricer reserves the right, in its sole discretion, to change the Terms under which  https://tricerusa.com/ is offered. The most current version of the Terms will supersede all previous  versions. Tricer encourages you to periodically review the Terms to stay informed of our updates.    

Contact Us 
Tricer welcomes your questions or comments regarding the Terms:  

Tricer  
2916 Via Asoleado
Alpine, CA 91901

Email Address:  
Info@Tricerusa.com
Telephone number:  
619-432-2562
  
Effective as of June 29, 2022