Triton Container Sales Website User Agreement
2. License To Use Website
Provided that you are in compliance with the terms of this User Agreement, we hereby grant you a limited, revocable, non-assignable, non-sub licensable, non-exclusive license to access and use the Website via an Internet browser or mobile device or desktop application, and to view or display the Website and Materials therein intended to be displayed publicly. Any violation of the terms or conditions of this User Agreement is grounds for immediate termination of this limited license, which we, in our sole discretion may terminate at any time and without prior notice or liability.
3. Intellectual Property Rights
You agree that, with respect to all content, images, functions, features, services, information and materials on the Website (the “Materials”), Triton Container International Limited, its parent, subsidiaries, affiliates and/or its licensors own all copyrights, database rights, patents, trade or service marks, product names or design rights (whether registered or unregistered), trade secrets and confidential information and any similar rights existing in any territory now or in the future (“Intellectual Property Rights”) in or relating to the Materials, including any similar rights and interests in all domain names appearing on the Website. However, the appearance of any third party trademarks on the Website does not in any way imply any connection, license, affiliation, approval, sponsorship or other such relationship of any kind with such third party. Except as expressly permitted herein, any reproduction, publication, display, or other use of the Materials, in whole or in part, is strictly prohibited without our prior express written consent.
4. Restrictions and Responsibilities
You may use this Website and Services available on the Website only for purposes reasonably anticipated on this Website or as otherwise may reasonably be expected by virtue of your relationship with TCS.
You will not, and will not permit any third party to, without restriction – reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, data, or algorithms of any part of the Services or Website; modify, translate, or create derivative works based on the Services or Website; or use the Services or Website other than in accordance with this User Agreement and in compliance with all applicable laws and regulations.
You may not access any portion of the Website that is not public or is not meant to be accessed by general users, and you may not attempt to override any security measures in place on the Website.
You may not interfere with or disrupt the operation of the Website, including restricting or inhibiting any other person from using the Website by means of hacking or defacing any portion of the Website. Further, transmitting or making available in connection with the Website any denial of service attack, virus, worm, Trojan horse, root kit or other harmful code or activity is prohibited. Moreover, you may not interfere with or violate any other Website visitor’s or user’s right to privacy or other rights, or harvest or collect personally identifiable information about Website visitors or users, or about TCS employees or other individuals identified on the Website, without their express written consent.
You will cooperate with TCS in connection with the performance of this User Agreement by making available such personnel and information as may be reasonably required, and taking such other actions as TCS may reasonably request. You will also cooperate with TCS in establishing a password or other procedures for verifying that only your designated employees have access to any administrative functions of the Services or Website.
You will designate an employee who will be responsible for all matters relating to this User Agreement (“Customer Contact”), whose contact information shall be provided to TCS. You may change the individual designated as Primary Contact at any time by providing written notice thereof to TCS.
You will be responsible for maintaining the security of your account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of your account with or without your knowledge or consent. You agree that providing access to your account by any other means to any other person or entity is strictly prohibited. You agree and acknowledge that TCS shall have no responsibility or liability to you or any third party for any claims, harm, or losses arising in connection with or resulting from the use of your login information. If you believe that your login information has been lost, stolen, or otherwise compromised, you should contact us immediately.
Your status as an authorized user of the Website subject to this User Agreement may be revoked or modified at any time, at our sole discretion.
Each party (“Receiving Party”) understands that the other party (“Disclosing Party”) has disclosed or may disclose information relating to the Disclosing Party’s technology or business (hereinafter referred to as “Proprietary Information” of the Disclosing Party).
The Receiving Party agrees: (i) not to divulge to any third person any such Proprietary Information; (ii) to give access to such Proprietary information solely to those employees with a need to have access thereto for purposes of this User Agreement; and (iii) to take the same security precautions to protect against disclosure or unauthorized use of such Proprietary information that the party takes with its own proprietary information, but in no event will a party apply less than reasonable precautions to protect such Proprietary Information. The Disclosing Party agrees that the foregoing will not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public without any action by, or involvement of, the Receiving Party or any affiliate, agent, consultant or employee of the Receiving Party, or (b) was in its possession or known by it without restriction prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it by a third party without restriction, or (d) was independently developed without use of any Proprietary Information of the Disclosing Party. Nothing in this Agreement will prevent the Receiving Party from disclosing the Proprietary Information pursuant to any judicial or governmental order, provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure to contest such order.
6. Electronic Communications
7. Purchase Conditions
When purchasing equipment using the Website, you agree that:
- Photographs of equipment depicted on the Website are not actual photos of the equipment for sale but are representative samples only.
- We have made every effort to display as accurately and reliably as possible the dimensions and all other physical aspects (“Depiction”) of the goods that may appear on the Website. However, we cannot guarantee, and make no warranty, promise, or agreement that any depicted or described product actually comports with its Depiction or description on the Website.
- You are responsible for reading the equipment description before making a commitment to purchase.
- Any price quotation or any other information regarding the provision of and fees for any goods or service offered by TCS are provided purely for informational and illustrative purposes. TCS reserves the right to cease offering any such services or benefits to any prospective or actual customer at any time, in all cases without notice or liability.
- You are entering into a legally binding contract to purchase the equipment when you commit to purchase the equipment, which terms of sale can be found here;
- Unless otherwise stated, all amounts specified on this Website are exclusive of any sales, VAT and/or any other taxes relation to the supply of the equipment, which amount shall be the responsibility of the purchaser.
- TCS may not be able to fulfill an order as requested, due to e.g., fluctuating inventories, product accessibility or depot performance. In such event, TCS shall credit back the portion of the order left unfulfilled.
8. Errors and Inaccuracies
While TCS attempts to be as accurate as possible with respect to the Website and the Materials, the Website may contain typographical errors or inaccuracies, including but not limited to errors or inaccuracies related to price, product information, product description or availability, and may not be complete or current. TCS reserves the right to correct any errors, inaccuracies or omissions (including after any order has been submitted or invoiced) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information.
9. Disclaimer of Warranties
You agree that you are making use of the Website and Services at your own risk, and that they are being provided to you on an “AS IS” and “AS AVAILABLE” basis. TCS does not guarantee, represent or warrant that access to the Website will be uninterrupted or that the Website or any Materials are accurate, complete, reliable, current, or error-free. Further, TCS is under no obligation to maintain the Website or any Materials or information that you submit to the Website, or may otherwise be available on the Website. Accordingly, to the extent permitted by applicable law, WE EXCLUDE ALL EXPRESS OR IMPLIED WARRANTIES, TERMS AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:
- Your use of, or your inability to use our Website or Services; or
- Glitches, bugs, errors, or inaccuracies of any kind on our Website or Services.
You will defend at your own expense, and indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your breach of this User Agreement or your improper use of this Website and Services.
12. Law and Jurisdiction
The parties agree that the User Agreement shall be construed and governed by the laws of the State of New York and that any claim or controversy directly or indirectly arising out of, or relating to, this User Agreement may be resolved by arbitration in New York under the Rules of the Society of Maritime Arbitrators, Inc. (“SMA”). The arbitration shall be before a single arbitrator appointed by the parties to the dispute or, failing such agreement, each party shall appoint an arbitrator, and the two arbitrators so chosen shall select a third arbitrator as Chairperson. The decision of the arbitrator shall be final, binding, not subject to further review, and enforceable by any court, tribunal or other forum having jurisdiction. The parties consent to the personal jurisdiction of, and venue in, any state or federal court located in the State of New York, U.S.A.
13. Export Control
Your use of the Website, including any services thereon, is subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and any programs maintained by the Treasury Department’s Office of Foreign Assets Control. You acknowledge that you may not export, re-export, sell, divert, transfer or otherwise dispose of any software or service to any end-user without obtaining required authorizations. You also warrant that you are not prohibited from receiving U.S. origin products, including but not limited to those that may appear on the Website.