Terms and Conditions

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TERMS AND CONDITIONS OF USE

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. BY USING OR ACCESSING THIS WEBSITE OR USING THE SERVICES THEREIN, YOU AGREE TO THESE TERMS AND CONDITIONS OF USE.


Last updated: April 13, 2017


Transport Refrigeration, Inc., a Wisconsin corporation (“TRI”), owns and operates this website, portions of other web pages and web content, and/or a mobile device application through which you have accessed these Terms and Conditions of Use (collectively, the “Site”). By visiting, using and/or submitting information to the Site, you agree to be bound by the terms and conditions of these Terms and Conditions of Use (this “Agreement”) and TRI’s Privacy Policy (the “Privacy Policy”).


YOUR COMPLIANCE WITH THIS AGREEMENT

Welcome to TRI’s online store! TRI is pleased to provide you with the goods and services described in this Site subject to the conditions this this Agreement. You acknowledge that this Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which is hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your ability to visit, use and/or submit information to the Site. If you visit or shop at this site, you accept these conditions. Please read them carefully. In addition, when you use any current or future options on this Site, you also will be subject to the guidelines and conditions applicable to such service or business.

You represent that you have the capacity to be bound by this Agreement, or if you are acting on behalf of a company or other entity, you have the authority to bind such company or entity. In order to determine your compliance with this Agreement, TRI may monitor your access and use of the Site in accordance with TRI’s Privacy Policy.


The Site is Not Intended for Minors

The Site is intended to be accessed and used only by adults and is not directed to minors. As stated in TRI’s Privacy Policy, TRI does not knowingly collect personally identifiable information from or about anyone under the age of 13 and you should not provide TRI with any information regarding any individual under the age of 13. If you are under the age of 13, you are expressly prohibited from using the Site.


PRIVACY AND ELECTRONIC COMMUNICATION

To understand our practices, please review TRI’s Privacy Policy, which also governs your visit to this Site. When you visit this Site or send emails or otherwise submit information to TRI, you are communicating with TRI electronically. You consent to receive communications from TRI electronically and via any e-mail address you provide to TRI for any purposes. You consent to receive communications from TRI electronically. Although TRI may choose to communicate with you by regular mail, TRI may also choose to communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures, and other communications that TRI provides to you electronically satisfy any legal requirement that such communications be in writing.


LICENSE AND SITE ACCESS

Your right to access and use the Site is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Site for lawful purposes and pursuant to the terms and conditions of this Agreement and the Privacy Policy.


Your access and use of the Site may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Site or other actions that TRI, in its sole discretion, may elect to take. TRI reserves the right to suspend or discontinue the availability of the Site and/or any portion or feature of the Site at any time in its sole discretion and without prior notice.

Any action by you that, in TRI’s sole discretion: (i) violates the terms and conditions of this Agreement and/or the Privacy Policy; (ii) restricts, inhibits or prevents any access, use or enjoyment of the Site; or (iii) through the use of the Site, defames, abuses, harasses, offends or threatens, shall not be permitted, and may result in your loss of the right to access and use the Site. You shall not metatag, provide links to or frame the Site without TRI’s prior express written permission.


TRI’s Intellectual Property Rights

TRI’s names, graphics, logos, page headers, button icons, scripts, and service names are trademarks and intellectual property of TRI (collectively, the “Marks”). You may not use the Marks without the prior express written permission of TRI. The information, advice, data, software and content viewable on, contained in, or downloadable from the Site (collectively, the “Content”), including, without limitation, all text, graphics, charts, pictures, photographs, images, line art, icons and renditions, are owned by, or otherwise licensed to, TRI or its Content suppliers. TRI also owns a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of the Content (the “Collective Work”). All software used on the Site (the “Software”) is the property of TRI or its software vendors and is protected by United States and international copyright laws. Viewing, reading, printing, downloading or otherwise using the Content and/or the Collective Work does not entitle you to any ownership or intellectual property rights to the Content, the Collective Work or the Software.

You shall be solely responsible for any damage resulting from your infringement of TRI’s or any third party's intellectual property rights regarding the Marks, the Content, the Collective Work, the Software and/or any other harm incurred by TRI or its affiliates as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this Agreement.


YOUR USE OF SITE CONTENT

TRI grants you a limited license to access, print, download or otherwise make personal use of the Content and the Collective Work; provided, however, that you shall not delete any proprietary notices and you must otherwise comply with the terms of this Agreement. You may not modify the Content or the Collective Work or utilize them for any commercial purpose or any other public display, distribution, performance, sale, or rental, and may not decompile, reverse engineer, or disassemble the Content and the Collective Work, or transfer or distribute the Content or the Collective Work to another person or entity.

Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication or use, other than the non-commercial use of the Content and the Collective Work as permitted by this Agreement, is permitted by you without the express prior written permission of TRI, which permission may be withheld in TRI’s sole discretion.

You may not use any meta tags or any other “hidden text” utilizing TRI’s name or trademarks without the express written permission of TRI, which permission may be withheld in TRI’s sole discretion.


SECURITY OF YOUR ACCOUNT

If the Site requires you to create a password to use certain portions of the Site, then it is your sole responsibility to maintain the security of that password. You agree that TRI shall not be liable for any loss that you may suffer as a result of the authorized or unauthorized use of your password by a third party. You shall not allow any person under the age of 18 to use any Service via your registration or password. TRI reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.


ONLINE PRODUCT PURCHASES AND “TERMS AND CONDITIONS OF SALE”

All purchases through our site or other transactions for the sale of goods or services through its Site or as a result of visits made by you to this Site are governed by our standard Terms and Conditions of Sale at the time of such purchase. The current Terms and Conditions of Sale may be accessed through the following link: http://jfcnft24.endeavorsuite.biz/termsconditions.htm, which are hereby incorporated into these Terms of Use.


A. PRICING

With respect to goods sold by TRI on this Site, TRI cannot confirm the price of an item until you order; however, TRI does NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in the TRI catalog may be mispriced. If we discover a mispricing, we will do one of the following:

      • If an item’s correct price is lower than our stated price, we will charge the lower amount and ship you the item.
      • If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

Please note that this policy applies only to products sold and shipped by TRI from this Site.

B. SHIPPING

Your shopping cart reflects an estimated shipping cost, based on the shipping method you chose. This cost assumes all items in your cart are going to a single address within the contiguous Unites States. Some items may require special handling due to their size and/or weight, which will result in an additional charge. When TRI processes your order we will make any necessary adjustments in shipping costs and notify you of changes via email. Rates are subject to change without notice.

C. RETURNS

All returns must be made with thirty (30) days of original purchase date or return will be denied. Any part being returned must first receive a RMA (return materials authorization) number from TRI’s customer service at 920-338-4487. All returns will be subject to a 20% restocking fee. All shipping expenses are the customer’s responsibility. Special order items may be returned at TRI’s discretion. Items for return must be returned in the original packaging, never installed and be in resalable condition. Any part opened, used or installed will not be an acceptable return. All returns must receive a RMA from customer service. Items returned to TRI without notification will not be eligible for a refund or exchange.


DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

TRI attempts to be as accurate as possible in its communications with you. The Content and all services and products and/or product descriptions associated with the Site are provided to you on an “as-is” and “as available” basis. TRI makes no representations or warranties of any kind, express or implied, as to the operation of the Site or the information, content, materials, products or services included on or associated with the Site. You expressly agree that your use of the Site and all products and services included on or associated with the Site is at your sole risk. If a product offered by TRI on this Site is not as described, your sole remedy is to return it in unused condition.

TRI does not make any representations, warranties or guarantees, express or implied, regarding the accuracy, correctness, or completeness of the Content or the services and products and/or product descriptions associated with the Site, nor the safety, reliability, title, timeliness, completeness, merchantability, conformity or fitness for a particular purpose of the Content or the services and products associated with the Site. It is your sole responsibility to independently evaluate the accuracy, correctness or completeness of the Content and the services and products associated with the Site. TRI makes no representation, warranty or guarantee that the Content that may be available for downloading from the Site is free of infection from any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. TRI does not make any representations, warranties or guarantees, express or implied, regarding any quotes or offers provided on or through the site.

The Site is controlled and offered by TRI from TRI’s facilities in the United States of America. TRI makes no representations that the Site is appropriate or available for use in other jurisdictions. If you access or use the Site from other jurisdictions, then you do so by your own volition and are solely responsible for compliance with local law.

TRI shall in no event be responsible to, or liable to, you, or any third party, whether in contract, warranty, tort (including negligence) or otherwise, for any damages, including, but not limited to, special, incidental, indirect or consequential damages that include, but are not limited to, damages for any loss of profit, revenue or business, as a direct or indirect result of: (i) your breach or violation of the terms and conditions of this Agreement; (ii) your access and use of the Site; (iii) your delay in accessing or inability to access or use the Site for any reason; (iv) your downloading of any of the Content or the Collective Work for your use; (v) your reliance upon or use of the Content or the Collective Work, OR (VI) ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTiUOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TRI AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. TRI'S LIABILITY AND THE LIABILITY OF ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, SHAREHOLDERS, REPRESENTATIVES, AND AGENTS ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED $100. YOU AND TRI AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. 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.


SITE POLICIES AND MODIFICATION

Please review our other policies posted on this site. TRI reserves the right to update, amend and/or change its Site, policies and this Agreement at any time in its sole discretion and without notice. Updates to this Agreement will be posted here. Amendments will take effect immediately upon TRI posting the updated Agreement on the Site. You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. The date on which this Agreement was last updated will be noted immediately above this Agreement. Your continued access and use of the Site following the posting of any such changes shall automatically be deemed your acceptance of all changes.


GOVERNING LAW

You agree that: (i) the Site shall be deemed solely based in the State of Wisconsin; and (ii) the Site shall be deemed a passive website that does not give rise to personal jurisdiction over TRI, its affiliates and assigns, either specific or general, in jurisdictions other than the State of Wisconsin. This Agreement is to be governed by and construed in accordance with the internal laws of the State of Wisconsin, without regard for principles of conflicts of laws. Any civil action, claim, dispute or proceeding arising out of or relating to this Agreement, except for an injunctive action regarding a breach or threatened breach of any provision of this Agreement by you as provided above, shall be brought in the courts of Brown County, Wisconsin, or the United States District Court, Eastern District of Wisconsin.


Miscellaneous

If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.

The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement.

This Agreement, the Privacy Policy, and all aspects of your relationship with TRI, including any personal information or data associated therewith, may be disclosed and/or assigned by TRI to a third party in connection with a Business Transfer. A “Business Transfer” means a sale, acquisition, merger, consolidation, reorganization, bankruptcy or other corporate change involving us and/or our affiliates, even if the Business Transfer is only being contemplated and regardless of whether the Business Transfer relates to a part or a whole of our business. Nothing in this Agreement is intended to interfere with our ability to transfer all or part of our business, equity, and/or assets (including this Site) to an affiliate or independent third party at any time, for any purpose, without any limitation, without notice, any without any compensation to you, whatsoever.

All covenants, agreements, representations and warranties made in this Agreement, as may be amended by TRI from time to time, shall survive your acceptance of this Agreement and the termination of this Agreement.

This Agreement and the Privacy Policy represent the entire understanding and agreement between you and TRI regarding the subject matter of the same, and supersede all other previous agreements, understandings and/or representations regarding the same.

If you have questions, comments, concerns or feedback regarding this Agreement or the Site, please contact TRI via any of the methods set forth below:

Via telephone: 920-338-4487

Via mail: CabComfortDirect.com
301 Lawrence Drive
De Pere, WI 54115

Via email: cabcomfortdirect@trcompanies.com



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