Store Policy

Agreement Between User and TBF Coaching

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Welcome to​ www.trisutto.com

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The www.trisutto.com website (the “Site”) is comprised of various web pages operated by TBF Coaching GmbH (“Trisutto”). www.trisutto.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”).

 

Your use of www.trisutto.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

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By entering your initials on the checkout order page/form, you agree to be personally bound by these terms and conditions, whether for yourself or on behalf of a minor (as determined by the jurisdiction in which you reside), if you are registering on behalf of a minor. By entering your initials on the checkout order page/form, you represent and warrant that you are at least 18 years old (or the age of majority in your jurisdiction, if it is not 18), and if you are registering on behalf of a minor, that you are their legal guardian.

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These terms apply to the use of this Website, coaching consultations, personalised coaching (which can be provided offline as well) and training camps that are provided away from this website.

 

www.trisutto.com is an E-commerce Website.

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www.trisutto.com provides triathlon education in the form of Training Programs for Sprint distance, Olympic distance, Half ironman and Ironman. We also provide a range of other services including, Coaching Consultations, Personalized Coaching (which can be provided offline as well) and training camps that are provided away from this website. This training, coaching, advice and education is to triathletes and people of all levels and abilities.

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1. CONDITIONS OF USE OF THE SITE AND OUR SERVICES

Seek advice from a Medical Professional
As with any physical activity, it is important that before beginning any fitness regime, you consult with your health care professional to ensure that you are mindful of your current health and any restrictions that are appropriate for you. You should immediately seek medical attention if there are any unanticipated changes to your physical condition at any time.

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No information contained in the Website is intended to be used as medical advice and the Website is not intended to be used to diagnose, treat, cure or prevent any medical condition (including any mental health conditions) or for any therapeutic purposes. Before relying on the information on the Website, you should carefully evaluate the accuracy and relevance of the information for their purposes and obtain appropriate professional medical advice.

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You must consult a qualified medical professional if you have any questions concerning your medical condition or injury.

 

All information provided by us on the Website is provided in good faith. We derive our information from sources which we believe to be accurate and up to date as at the date of publication. We may update any information at any time but you acknowledge that the information on the Website may not be the most current knowledge. In addition, to the extent permitted by law, we do not make any representations or warranties that any information we provide is reliable, accurate or complete and we make no guarantees of any specific result from use of this Website or the information service provided through it. To the extent permitted by law, we are not liable for any loss arising from any action taken or reliance by you on any information or material available on the Website.

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www.trisutto.com does not offer or provide professional medical advice, diagnosis, treatment or rehabilitation and may refer the member to certain third party resources. Any referrals to official bodies are not intended to be and should not be construed as an endorsement, promotion or recommendation by www.trisutto.com

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Fitness Level
 You require a moderate level of fitness to follow the training programs, Trisutto.com coaching consultations, personalized coaching, training camps, and the like set out in our information services. Persons with pre-existing medical conditions, in poor health, or with any concerns as to commencement of a new fitness regime should consult with an appropriate healthcare professional before beginning any of these products, programs and/or services. You are responsible to make your own inquiries and seek independent advice from a healthcare professional before acting on any information or material made available to you through our Website and list or services that we provide. The information on the Website and the services that we provide may not be suitable to your particular circumstances and is not a substitute for obtaining specific advice from a qualified health care professional.

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You acknowledge that the services that we provide on the Website and all our other services is an information service only, and that you are solely responsible for (at your own discretion) following (or not following) any exercise program or regime that we provide as part of the information service.

 

Our service does not include any supervision or monitoring of your activity, and we are not responsible for any injuries (minor or fatal) that you may suffer as a result of following the training programs, coaching consultations, personalized coaching, and training camps, and all our other services.

 

You acknowledge that your participation in our training programs, coaching consultations, personalized coaching, training camps, and all our other services may involve risks, including personal injury and death.

 

Prior to participating in these services and activities, you must assess all the risks involved, including risks that may be caused by your own acts or omissions, your health condition, those of other users of the Website and risks that are not known to you or are not readily foreseeable at the time of participating in the services and activities. By participating, you are doing so voluntarily and at your own risk. To the extent permitted and required by law, this is a risk warning pursuant to the various civil liability and consumer protection legislation.

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You assume all risks in connection with your participation in any products, services and activities that we may provide. To the maximum extent permitted by law, we exclude all liability arising from or in connection with any of our products, services and activities that we may provide for: (1) death; (2) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); (3) equipment damages or repairs; (4) the contraction, aggravation or acceleration of a disease; and (5) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behavior, course of conduct or state of affairs: (a) that is or may be harmful or disadvantageous to you or the community; or (b) that may result in harm or disadvantage to you or the community, resulting from the supply of our any of our products, services and activities that we may provide.

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Insurances and Cover 
You agree that you have your own individual health cover provider in your country that will cover any medical expenses which you may incur. If travelling overseas you also agree that you will have International travel insurances to cover this as well. If attending one of our training camps, you must provide proof of this insurance(s) by bringing the policy document(s) to us on arrival/check-in for the camp.

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Quality of the Website
 We do not promise that the Website will be error-free or uninterrupted. The Website and its content are delivered on an “as-is” and “as-available” basis. We cannot ensure that files you download from the Site will be free of viruses or contamination or destructive features. Receipt of emails, or other Internet based communications such as via Facebook or Twitter from us cannot be guaranteed. The delivery of video messages is dependent upon third party providers and therefore outside of our control. Low internet connection speeds may result in an inability to view high resolution videos, but we will use our best endeavours to provide an alternative wherever possible.

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Third Party Content
 We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with or arising from the products or services including acts, omissions and conduct of any third party users of the Website, other members, other contributors to the Website, and advertisers or sponsors. We are not responsible for the products, services, advice, information, actions or failure to act of any third parties referenced on the Website (including User Content of other users of the Website referred to below).

 

Where the information made available over the Website contains opinions or judgements of third parties (including advertisers), we do not purport to endorse the contents of that opinion or advice, nor do we guarantee the accuracy or completeness of that content, and we will not accept liability for loss or damage arising from your reliance upon any information obtained through this service. It remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information.

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Security of Information 
No data transmission over the Internet can be guaranteed as totally secure. While we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

Indirect and Consequential Loss 
To the extent permitted by law, in no event will we (or our employees, agents and subcontractors) be liable to you for indirect, special or incidental, punitive, exemplary or consequential loss, costs, expenses and damages (or any loss of revenue, loss of data, loss of profits or loss of opportunity whether the losses be direct or indirect), suffered or incurred by you and arising out of or in connection with your access to or use of the Website, any linked website, your reliance on any information obtained through the Website or your use of any services that we provide, regardless of whether liability is based on any breach of contract, tort (including negligence) or warranty, arises under statute, or any other basis of liability.

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2. INDEMNITY

You agree to indemnify us and our employees, agents and subcontractors, from and against any third party claims and all losses, expenses, damages and costs (including reasonable legal fees incurred on a solicitor/client basis) suffered or incurred by us, which arises as a result of your breach of these terms in your use of the Website or any of our services.

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3. INTELLECTUAL PROPERTY

Unless otherwise indicated and except for any functionalities provided by external websites, copyright in this Website (including its content, materials, recipes, exercise programs, text, graphics, logos, icons, sound recordings, video, software and advertisements) is owned or licensed by us. Information procured from a third party may be the subject of copyright owned by that third party. All rights are reserved by us.

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All names, logos and trade marks on this Website are the property of their respective owners. Nothing on the Website should be interpreted as granting any rights to commercial use or to distribute any names, logos or trademarks, without the express written agreement of the relevant owners.

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We grant you a personal, limited, revocable, non-exclusive and non-transferable licence to access, view, listen to, use and print this Website and its content solely for your personal, non-commercial purposes and only for those purposes. Otherwise, to the extent allowed by law, no part of this Website may be reproduced, reused, re-transmitted, adapted, published, broadcast or distributed without our prior written permission.

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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.

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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.

 

www.trisutto.com 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 Trisutto.com 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 www.trisutto.com or our licencors except as expressly authorized by these Terms.

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We may suspend, limit or terminate your access to the Website (at our discretion) if we reasonably suspect, based on the results of such monitoring, that you are in breach of these terms.

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4. USER-GENERATED CONTENT

This Website may allow you to post information, photos, content, user submissions and/or upload materials to the Website (including features such as live chat and forums), whether through external websites or otherwise (User Content) and may also allow you to see User Content submitted by other persons.

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The Website may include functionalities that allow you to control whether or not the public or other users of the Website are able to view your User Content (Access Controls). We will use our best endeavours to ensure that the Website properly implements the Access Controls that you select, but we do not warrant or guarantee that the implementation is error free. If you discover any improper implementation of your selected Access Controls, please inform us immediately so that we can investigate and, where appropriate, correct the error. To the extent permitted by law, we are not liable to you for any loss or damage arising as a result of or in connection with any incorrect implementation of the Access Controls that you select (including any resulting disclosure of your User Content that you did not intend to disclose).

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Because we are not able to guarantee that the implementation of the Access Controls is error free, you should take particular care before deciding whether to upload any User Content. In particular, you should be aware that, if your User Content is downloaded by any other person (including other users of the Website) (whether authorised or not), then neither www.trisutto.com nor you may be able to control the further disclosure and publication of that User Content.

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By posting, submitting, updating, modifying, transmitting or otherwise making available any User Content on this Website:

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1. you warrant that you independently created or otherwise have all the necessary rights and permissions needed to submit User Content to the Website;

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2. you grant to us a royalty-free, non-exclusive irrevocable, perpetual and world-wide licence of the intellectual property rights in the User Content to use, modify, copy, sub-licence, distribute, reproduce, adapt, transmit, publish and/or broadcast, publicly perform, communicate and display in any manner and by any means which we may determine (subject to us using reasonable endeavours to implement the Access Controls that you have selected);

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3. you must ensure, and warrant, that your User Content, and the licence that you grant to us under paragraph (2), do not infringe the rights (including intellectual property rights, privacy and reputation) of any other person, and you agree to indemnify us against any third party claims arising from your use of the Website in breach of this paragraph (3); and

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4. to the full extent permitted by law (and subject to us using reasonable endeavours to implement the Access Controls that you have selected), you consent to us (and all persons authorised by us) doing anything in relation to your User Content which would otherwise constitute an infringement of your moral rights that you may have in the User Content. To the extent that a waiver, rather than a consent, is required in any jurisdiction, then you waive any moral rights you may have.

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We have the right, but not the obligation, to monitor and review User Content from time to time and we may, at our sole discretion and without prior notice to you, remove or edit any of your User Content for any reason (or for no reason at all).

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Not withstanding our right to monitor, review and edit any User Content, we are not obliged to do so. We accept no responsibility or liability for any User Content. In particular, you acknowledge and agree that we do not authorise, condone or endorse any User Content of any other user, and are not responsible for the accuracy, legality or decency of such content. You are solely responsible for verifying the veracity of any claims or statements made in any User Content.

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You acknowledge that, subject to us using reasonable endeavours to implement the Access Controls that you have selected, your User Content will be displayed on the Website, and other users may use, view and download your User Content. We are not responsible for how other users will use your User Content. You should take care before posting anything sensitive or personal about yourself to any part of the Website that is accessible to the public or other users of the Website.

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Some User Content may refer to events or activities that are organised by other users of the Website. We are not responsible for organising these events and activities, and do not authorise or endorse them. You are solely responsible for determining whether to participate in these events and activities, at your own risk.

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6. PERMITTED USE

We prohibit the use of this Website and any of its functionalities, features and content in any manner other than as expressly allowed by us in these terms. With respect to your use of or participation in any interactive facility on the Website, you acknowledge and agree that:

1. you are legally responsible for all User Content you submit;

2. under no circumstances will you post any material, or engage in any behaviour, that is, or could reasonably be taken to be, predatory or intimidating, or in any way designed to solicit identifying information from anyone under the age of 18 years;

3. we may notify and/or cooperate with any authorities and law enforcement agencies in relation to any of your activities in connection with the Website, including providing any and all information about you held by us (whether of a personal nature or otherwise), to those entities;

4. you will not:

a. post or transmit any illegal, threatening, discriminatory, harassing, abusive, offensive, defamatory, racially or sexually vilifying, obscene, pornographic or indecent material of any kind (including Restricted or Prohibited Content in accordance with the National Classification Code), or any material in contempt of any court or parliament, or encourage any other person to do so;

b. bypass (or attempt to bypass) any security mechanisms imposed by the Website;

c. harvest or collect email addresses, photographs or personal information of other users;

d. impersonate any person or entity;

e. post or transmit false or misleading material or make any form of misleading or deceptive representation;

f. knowingly post or transmit or permit the posting or transmission of any material, which contains a computer virus or other harmful data, code or material;

g. exploit the Website for your own commercial or unlawful purposes or the commercial or unlawful purposes of any other person (including the posting of advertisements, solicitors, promotional materials, “spam” or any other materials that are contrary to our commercial or lawful interests);

h. provide access or links to any material (including links to peer to peer network “trackers”) which may infringe the intellectual property rights of another person; or

i. delete or alter or attempt to delete or alter attributions, legal notices, trademarks or copyright marks on any material contained in the Website; and

j. at our request you agree to do all things necessary and desirable, either to give effect to these terms or to help us comply with all regulatory directions and obligations.

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7. LINKS TO THIRD PARTY SITES/SERVICES

www.trisutto.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Trisutto and Trisutto 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. Trisutto is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Trisutto of the site or any association with its operators.

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

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8. PAYMENT AND REFUNDS

Orders are subject to acceptance by us. Acceptance (or rejection) of an order will be notified to you as part of the ordering procedure. Acceptance and continued access to our service is always subject to payment first being made by you. For the removal of doubt, by placing an order, you make an offer to purchase the relevant product/service that is the subject of your order. We reserve the right to terminate your access to our service if you are not up to date with any payment plan that may be offered.

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We understand that our online ordering procedure will not always be 100% perfect as there are many elements that can cause errors; such as internet connections, web server downtime and many more elements. Mistakes sometimes happen and we promise to do our best to fix any situation within reason. We do ask that if you are uncertain about purchasing anything from our website, then please e-mail us at robbie@trisutto.com and we will be happy to answer any questions you may have. Unfortunately, we DO NOT provide refunds. We do provide a refund in some very extreme situations; the following are NOT those circumstances:

The customer mistakenly placed the order.

After purchase, the customer decides that they do not want the product/service anymore.

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We use the Stripe and PayPal payment gateways for all of our financial transactions. We are not able to access your credit card or other financial details and you agree that we will not be held liable for any loss you incur arising from your use of this payment method unless caused by our fraud or the fraud of our owners, employees or contractors.

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9. YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Trisutto is not responsible for third party access to your account that results from theft or misappropriation of your account. Trisutto and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

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Trisutto 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 www.trisutto.com only with permission of a parent or guardian.

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10. INTERNATIONAL USERS

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

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11. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Trisutto, its officers, directors, employees, agents, contractors 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. Trisutto 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 Trisutto in asserting any available defenses.

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12. TERMINATION/ACCESS RESTRICTION

Trisutto 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.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Trisutto as a result of this agreement or use of the Site. Trisutto’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Trisutto’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 Trisutto 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.

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Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Trisutto with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Trisutto 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 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.

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13. 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. WWW.TRISUTTSHOP.COM AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

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TRISUTTO.COM 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. TRISUTTO.COM 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.

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TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TRISUTTO.COM 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 TRISUTTO.COM 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.

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You assume all risks in connection with your participation in any products, services and activities that we may provide. To the maximum extent permitted by law, we exclude all liability arising from or in connection with any of our products, services and activities that we may provide for: (1) death; (2) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); (3) equipment damages or repairs; (4) the contraction, aggravation or acceleration of a disease; and (5) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behavior, course of conduct or state of affairs: (a) that is or may be harmful or disadvantageous to you or the community; or (b) that may result in harm or disadvantage to you or the community, resulting from the supply of our any of our products, services and activities that we may provide.

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14. CHANGES TO TERMS

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

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Contact Us

www.trisutto.com welcomes your questions or comments regarding the Terms:

robbie@trisutto.com