Terms of Use
This document was last updated July 29, 2009
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR ACCESSING ANY PAGES WITHIN THIS WEBSITE. By using or accessing this Web site you signify your acknowledgment and assent to the terms and conditions of use set forth below. If you do not agree to these terms of use, please do not use this Web site. Triton Medical Solutions can revise these terms of use at any time by updating this posting, and your use after such change signifies your acceptance of the changed terms. Please check these terms of use periodically for changes.
This Web site is a free service provided by Triton Medical Solutions (“tritonmedicalsolutions.com,” “we,” or “us”). Questions concerning this Web site or its operation should be directed to the contact points set forth at the end of these terms of use.
In connection with viewing and using this Web site you are permitted to temporarily download one copy of the materials posted on this Web site onto a single computer for your PERSONAL, NON-COMMERCIAL USE only. Except as otherwise specifically provided elsewhere on this Web site, redistribution, retransmission, republication or commercial exploitation of the contents of this Web site are expressly prohibited without the written consent of Triton Medical Solutions and any copyright owner from whom we have obtained a license. Contact-us to request such permission.
All rights not expressly granted herein are reserved. Downloading of any information, content or images from this Web site does not transfer any right or ownership of such information, content or images to you, and such information, content or images may be used solely in accordance with these terms of use. You may not mirror or archive any part of this site or any material contained on this site on any server or computer without the express written permission of Triton Medical Solutions.
Products and Services
Downloading software from this Web site does not give you title to such software, including any files, data and images incorporated in or associated with the software. Your use of any such software shall be only in accordance with the license agreement that is included with the software or presented upon download of such software. Software available on this Web site is copyrighted by Triton Medical Solutions or its owner. Software may not be copied, redistributed or placed on any server for further distribution. You may not sell, modify, recompile, disassemble, or otherwise reverse engineer the software.
A description or reference to a third-party product, service or publication on this Web site (including any description or reference via hyperlink) does not imply endorsement by Triton Medical Solutions of that product, service or publication.
Your purchase of products from this Web site is subject to our Terms of Sale for Online Sales which set forth terms applicable to the order, delivery and return of products offered through this Web site If you do not agree to these Terms of Sale, please do not order products from this Web site Products offered through this Web site shall be subject to the Return Policy set forth in the Terms of Sale and shall be warranted, if at all, through the written limited warranty provided in connection with such product. Contact-us to obtain a copy of the limited warranty applicable to a Triton Medical Solutions product free of charge at any time, including prior to purchase.
No Representations or Warranties
Triton Medical Solutions makes no representations or warranties that this Web site is free of defects, viruses or other harmful components. We shall not be responsible for any damages or loss that may result from the hacking or infiltration of this Web site or Triton Medical Solutions computer systems. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS WEBSITE AND YOU AGREE TO HOLD TRITON MEDICAL SOLUTIONS HARMLESS FROM, AND YOU COVENANT NOT TO SUE US FOR, ANY CLAIMS BASED ON USE OF THIS WEBSITE, INCLUDING CLAIMS FOR LOST DATA, WORK DELAYS OR LOST PROFITS RESULTING FROM USE OF MATERIALS OR CONTENT FROM THIS WEBSITE.
The pages on this Web site may contain technical inaccuracies, outdated information and typographical errors. To the extent permitted by applicable law, and except for any explicit product warranty provided on this Web site, THIS WEBSITE IS PROVIDED “AS IS.” TRITON MEDICAL SOLUTIONS DOES NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR DOES IT IN ANY WAY GUARANTEE THE QUALITY, DATA CONTENT, ARTISTIC WORTH, OR LEGALITY OF INFORMATION, CONTENT, GOODS OR SERVICES THAT ARE TRANSFERRED, RECEIVED, PURCHASED, OR OTHERWISE MADE AVAILABLE OR OBTAINED BY WAY OF THIS WEBSITE. WE DO NOT WARRANT THAT THIS WEBSITE WILL BE ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitations of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL TRITON MEDICAL SOLUTIONS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS THAT RESULT FROM THE DISTRIBUTION OR USE OF, OR THE INABILITY TO USE, THE CONTENT OR MATERIALS ON THIS WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL TRITON MEDICAL SOLUTIONS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.
Jurisdiction and Choice of Law
Triton Medical Solutions controls and manages this Web site from its facilities in the state of Arizona. Unless otherwise stated, materials and content on this Web site are presented solely for promoting products and services in Arizona and the United States of America. Information published on this Web site may contain references to products, programs and services that are not announced or available in your country or region. We make no representation that such information, products, programs or services referenced on this Web site are legal, available or appropriate in your country or region.
These terms of use shall be governed by and construed in accordance with the laws of the state of Arizona, without giving effect to any principles of conflicts of law. You and Triton Medical Solutions irrevocably consent to the exclusive jurisdiction of the courts located in Arizona in connection with any action arising out of or related to these terms of use or their subject matter. You and Triton Medical Solutions waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non convenes in any such action.
Servability
If any provision of these terms of use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed separable from the remaining terms of use and shall not affect the validity and enforceability of any remaining provisions.
Terms of Sale
Online Orders
By submitting an order, you represent and warrant that all personal information you have entered for the order is valid. All orders are expressly conditioned upon acceptance by Triton Medical Solutions. We issue a confirming acknowledgment for each accepted order. You should notify us immediately if discrepancies are noted in the acknowledgment. Prices do not include shipping, handling and taxes which shall be charged on all orders as applicable.
Check Policy
Triton Medical Solutions accepts personal and business checks for prepay orders, but allow 10 business days for clearing. To place an order via check please send correspondence to:
TRITON MEDICAL SOLUTIONS
PO Box 13606
Tempe AZ 85284-0061
Pricing Disclaimer
All pricing subject to change. For all prices, products and offers, Triton Medical Solutions reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances. NOTE: Credit card charges are not submitted until time of shipment. No surcharge for credit cards.
Shipping
All orders placed on this Web site will incur a shipping and handling fee and are delivered via UPS Ground. Expedited UPS service is provided at an additional cost. Orders normally ship within 24-hours if the items selected are in stock. Triton Medical Solutions will not be responsible for delays by the shipper.
Return Policy
Any order cancelled while the package is in transit will be subject to any applicable freight charges plus a 15% restocking fee.
Limited Warranty
Products offered through this Web site shall be subject to the Return Policy set forth above, and may also be warranted through a written limited warranty provided in connection with such product.
To the extent permitted by applicable law, THE FOREGOING RETURN POLICY AND ANY APPLICABLE WRITTEN LIMITED WARRANTY INCLUDED WITH A PRODUCT ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO PRODUCTS, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, REGARDLESS OF WHETHER TRITON MEDICAL SOLUTIONS KNOWS OR HAS REASON TO KNOW OF YOUR PARTICULAR NEEDS. EXCEPT FOR THE EXPRESS RIGHTS STATED IN THESE TERMS, PRODUCTS ARE BEING PROVIDED “AS IS” WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. If implied warranties may not be disclaimed under applicable law, then ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE RETURN POLICY PERIOD. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. The Return Policy and any applicable written limited warranty give you specific legal rights, and you may also have other rights which vary from state to state.
Limitation of Liability
IN NO EVENT SHALL TRITON MEDICAL SOLUTIONS BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING FROM OR CONNECTED WITH THIS AGREEMENT OR YOUR USE OR THE PERFORMANCE OF THE PRODUCT, REGARDLESS OF WHETHER TRITON MEDICAL SOLUTIONS KNOWS OR HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. Some states do not allow exclusion of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
IN NO EVENT WILL TRITON MEDICAL SOLUTIONS LIABILITY FOR ANY CLAIM OF ANY KIND, WHETHER BASED IN CONTRACT, WARRANTY, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY LOSSES OR DAMAGES ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM, THIS AGREEMENT OR THE PERFORMANCE OR BREACH THEREOF, OR THE PRODUCT OR THE USE OR PERFORMANCE THEREOF, EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT.
General
These terms shall be governed by and construed in accordance with the laws of the state of Arizona, without giving effect to any principles of conflicts of law. You and Triton Medical Solutions irrevocably consent to the exclusive jurisdiction of the courts located in Arizona in connection with any action arising out of or related to these terms of use or their subject matter. You and Triton Medical Solutions waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non convenes in any such action. If any part, term or provision of these terms shall be held illegal, unenforceable or in conflict with any law of a federal, state or local government having jurisdiction over these terms, the validity of the remaining portion or portions shall not be affected thereby.
User Consent
Triton Medical Solutions is pleased to hear from its customers, however we do not accept or consider any creative ideas, suggestions or other materials related to products, services or marketing unless we have specifically requested them. Therefore, please do not send us any original creative materials such as product ideas or suggestions without first securing our prior written consent. Anything you disclose or offer to us by or through this Web site (“Disclosures”), including e-mails to Triton Medical Solutions or postings on interactive portions of this Web site, shall be deemed and shall remain the property of Triton Medical Solutions. Any such Disclosure is PROVIDED ON A NON-CONFIDENTIAL BASIS with no obligation on our part to keep such information secret. Triton Medical Solutions is free to use, for any purpose whatsoever, any Disclosure, including but not limited to publishing, or developing, manufacturing, and marketing products using such information. You hereby RELEASE Triton Medical Solutions from any liability under any legal theory in connection with the use, modification, sale, or disclosure of any Disclosure. By uploading or otherwise providing any Disclosure to this Web site or Triton Medical Solutions, you hereby grant Triton Medical Solutions, to the extent you retain any rights, the unlimited, perpetual right to reuse, redistribute, modify and create derivative works from such Disclosure for any purpose and in any media without compensation, and you warrant that all “moral rights” in uploaded materials have been waived.
Links to and from other Web Sites
Please be advised that Triton Medical Solutions contains links to third-party Web sites, which are the sole responsibility of such independent third parties, and use thereof is solely at your own risk. Triton Medical Solutions has no control over the content or policies of such third party Web sites, and we are not responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of any Web sites hyperlinks to this Web site. Those who choose to access information from this Web site (including any information obtained through any link) are solely responsible for the compliance of such information with any applicable law.
If you want to link to this Web site please contact-us before creating that link so the site may be previewed. Triton Medical Solutions does not allow the unauthorized use of its logos, trademarks, or other graphics to create links. Text links are permitted upon approval and must be made to the site home page at Triton Medical Solutions rather than to any other specific pages within the site.
General
These terms of use represent the entire understanding relating to the use of this Web site and prevail over any prior or contemporaneous, conflicting or additional communications. Specific areas or pages of this Web site may include additional or different terms relating to the use of this Web site or the rights or obligations of you or Triton Medical Solutions. In the event of a conflict between such terms and these terms of use, such specific terms shall control.
Any unauthorized access, modification or change of any information, or any interference with the availability of or access to this Web site is strictly prohibited. Triton Medical Solutions reserves all legal rights and remedies available to it and this disclaimer shall in no way be deemed a limitation or waiver of any other rights Triton Medical Solutions may have. Triton Medical Solutions expressly prohibits: Any non-personal or commercial use of any robot, spider, other automatic device, or manual process to monitor or copy Triton Medical Solutions Web pages or the content contained herein without prior written permission by Triton Medical Solutions; Collection or use of any product listings, descriptions, or prices, from the Triton Medical Solutions Web site for the benefit of another merchant that supplies products competitive with or comparable to those offered on the Triton Medical Solutions Web site; and, Any use of, visits to, or other action that imposes an unreasonable or disproportionately large load on the Triton Medical Solutions Web site, or otherwise interferes with the proper and timely functioning of the Triton Medical Solutions Web site.
Privacy Policy
Please see our Privacy-Policy for information regarding the collection and use of personal information from this Web site. Despite any representations concerning privacy, Triton Medical Solutions reserves the right to disclose without notice to you any information in its possession if required to do so by law or upon a good-faith belief that such action is necessary to comply with the law, to protect or defend our rights or property, or to respond to an emergency situation.
Trademarks and Copyrights
Nothing on this Web site shall be construed as conferring any license under any product images, graphics or other intellectual property, including any right in the nature of trademark or copyright, of Triton Medical Solutions or any third party, whether by, implication, or otherwise. All brands and names are the property of their respective owners.
Except as otherwise noted, Triton Medical Solutions is the owner of all trademarks and service marks on this Web site, whether registered or not. All registered trademarks are registered in the United States of America (and other applicable jurisdictions).
Changes to this Statement
Triton Medical Solutions will occasionally update these Terms and Conditions. When we do, we will also revise the “last updated” date at the top of the privacy statement. For material changes to this Statement, Triton Medical Solutions will notify you by placing prominent notice on the Web site.
If you have questions regarding this statement, contact-us.
TRITON MEDICAL SOLUTIONS
