Terms of Use

Trail Appliances Terms of Use

The Trail Appliances web site is intended to provide general information about retail appliances. This site may also provide links to the web sites of other appliance vendors that provide information on their products. We also provide access (links) to some external web sites for your convenience. Trail Appliances is not responsible for the availability, accuracy, or content of those outside sites, nor does it endorse them.

This web site is not an attempt to provide any specific advice, nor does use of the site establish any relationship. For emergency advice to personal questions, we strongly encourage you to see a qualified consultant, provider, builder or similar professional.

You assume full responsibility for using the information on this site, and you understand and agree that Trail Appliances and its sponsors, advertisers or websites that Trail Appliances links to are not responsible or liable for any claim, loss, or damage resulting from its use by you or any user. While we try to keep the information on the site as accurate as possible, we disclaim any warranty concerning its accuracy, timeliness, and completeness, and any other warranty, express or implied, including warranties of merchantability or fitness for a particular purpose. Trail Appliances also does not warrant that access to the site will be error- or virus-free.

Material on the Trail Appliances web site is protected by copyright law. Unless otherwise stated, users may print or download information from this site for personal, non-commercial use only, provided they identify the source of the material and include a statement that the materials are protected by copyright law. Permission to reprint or otherwise reproduce any document in whole or in part is prohibited, unless prior written consent is obtained from the copyright owner.

By choosing to use the Trail Appliances web site you acknowledge and agree to the terms of this Disclaimer and our Privacy Policy. We encourage you to read these, and those on our sponsors’ or advertisers’ web sites. We reserve the right to modify these terms and policies and recommend that you periodically review them, because if you use the site you will be expected to comply with such revised terms and policies.

1. Introduction

This page states the Terms of Use under which you may use www.trail-appliances.com, www.trailappliances.com, www.cleanairbytrail.com, and www.kineticobytrail.com (collectively the “Web Site”). Use of the words “our” or “us” herein, reflects the legal producers and owner of Trail Appliances. Please read this page carefully. If you do not accept these Terms of Use, do not use this Web Site. By using this Web Site, you are indicating your acceptance to be bound by these Terms of Use. Trail Appliances may revise these Terms of Use at any time by posting an update to this page. You should visit this page periodically, because your continued use of the Web Site following the posting of changes to these Terms of Use will mean you accept those changes. The terms “you” and “user” as used herein refer to all individuals and/or entities accessing the Web Site for any reason.

2. Use of Material or Content

The contents of this Web Site, such as text, graphics, images and other material (“Material“), are owned by Trail Appliances and its licensors and suppliers, and are protected by intellectual property laws. Unauthorized use of the Material may violate copyright, trademark and other laws.

Trail Appliances authorizes you to view and download a single copy of the material on the Web Site solely for your personal use, provided you retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other web site or in a networked computer environment for any purpose is prohibited.

You may not copy or adapt the HTML or other code that Trail Appliances uses to generate its pages. This code is also protected by Trail Appliances’ copyright.

The entire www.trail-appliances.com, www.trailappliances.com, www.cleanairbytrail.com, and www.kineticobytrail.com sites, their content and their current and potential uses are protected by a patent filed and pending.

3. Acceptable Use of the Trail Appliances Web Site

General Rules: You may not interfere with or disrupt this Web Site or services or networks connected to the Web Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site.

You may not use the Web Site in order to:

  1. Transmit, distribute, store or destroy material in violation of any applicable law or regulation;
  2. In a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others;
  3. Transmit, distribute, or store material that is defamatory, obscene, racially offensive, threatening, abusive, hateful or otherwise objectionable as determined by Trail Appliances at its sole discretion;
  4. Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
  5. Interfere with or disrupt the web site or services or networks connected to the site, or disobey any requirements, procedures, policies, or regulations of networks connected to the site; and
  6. Collect or store personal data about other users of the Web Site.

Security Rules: You are prohibited from violating or attempting to violate the security of the Trail Appliances Web Site and from using the Web Site to violate the security of other web sites by any method, including, without limitation:

  1. Accessing data not intended for you or logging into a server or account which you are not authorized to access;
  2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measurers without proper authorization;
  3. Attempting to interfere with service to any user of the web site, host or network, including, without limitation, via means of submitting a virus to the web site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”;
  4. Sending unsolicited e-mail, including promotions and/or advertising of products or services;
  5. Use any high volume, automated, or electronic means (including without limitation robots, spiders, scripts, or other automated device) to access this Web Site or monitor or copy our Web Site pages or its content;
  6. Allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam) that is any way related to this Web Site; and
  7. Forging any Trail Appliances packet header or any part of the header information in any e-mail or newsgroup posting.

Specific Prohibited Uses: Trail Appliances specifically prohibits any use of the Web Site, and you agree not to use the Web Site, for any of the following:

  1. Distributing or otherwise publishing, without Trail Appliances approval, any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services;
  2. Soliciting other users of the Web Site to join or become members of any commercial online service;
  3. Frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages; and
  4. Deleting or revising any material posted by any other person or entity.

Violations of system or network security may result in civil or criminal liability. Trail Appliances may investigate violations of these Terms of Use and may involve and cooperate with law enforcement authorities in prosecuting users of the Web Site who are involved in such violations.

4. Trail Appliances’ Liability and Disclaimer of Warranties

The Trail Appliances websites content may contain inaccuracies or typographical errors. Trail Appliances makes no representations about the accuracy, reliability, completeness, or timeliness of the Web Site or the Material. The use of the Web Site and the Material is at your own risk. We reserve the right, at our discretion, to modify, add, or remove portions of the Web Site at anytime without notice.

Trail Appliances does not warrant that the web site will operate error-free or that the web site and its server are free of computer viruses or other harmful mechanisms. If your use of the web site or the material results in the need for servicing or replacing equipment or data, Trail Appliances is not responsible for those costs.

The Trail Appliances web site and material are provided on an “as is” basis without any warranties of any kind. Trail Appliances, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of merchantability, fitness for particular purpose, title and non-infringement. Trail Appliances makes no warranties about the accuracy, reliability, completeness, or timeliness of the material, services, software, text, graphics or links.

Trail Appliances does not make any warranty as to the accuracy or reliability of the Trail Appliances content or that defects in the site or the Trail Appliances content will be corrected. Trail Appliances makes no warranty that the information or services provided on the site will meet your requirements. You understand and agree that any content obtained through the use of the Trail Appliances web site is done at your own discretion and risk.

5. Disclaimer of Consequential Damages

In no event will Trail Appliances, its sponsors, or any third parties mentioned on the web site be liable for any damages whatsoever (including, without limitation, incidental, reliance or consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the web site or the material, whether based on warranty, contract, tort, or any other legal theory, and whether or not Trail Appliances is advised of the possibility of such damages.

7. Termination

Trail Appliances reserves the right, at its sole discretion, to immediately demand that you no longer access the Web Site and/or any other service provided to you by Trail Appliances, upon any breach by you of the Trail Appliances’ Legal Statement.

8. Indemnity

You agree to defend, indemnify, and hold harmless Trail Appliances, its officers, directors, partners, co-branders, licensors, advisors, affiliates, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees associated with or resulting from your use of the Trail Appliances web site and/or its content or your breach of the terms of Trail Appliances’ Legal Statement. If you are dissatisfied with any portion of the site, your sole and exclusive remedy is to discontinue use of the site.

9. Limitation of Liability

The aggregate liability of Trail Appliances to you for all claims arising from or related to the use of the content of or the use of the Trail Appliances web site is limited to $0.00 (Canadian).

10. General

Trail Appliances makes no claims that the content appearing on its web site may be lawfully viewed or downloaded in certain countries or locations outside of Canada. Access to this web site’s content may not be legal by certain persons or in certain countries. If you access the Web Site from outside of Canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms of Use are governed by the internal substantive laws of the Province of Alberta, British Columbia and Saskatchewan, without respect to its conflict of laws principles. Jurisdiction of any claims arising under these Terms of Use will lie exclusively with the Province of Alberta, British Columbia and Saskatchewan. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms of Use, which will remain in full force and effect. No waiver of any provision of these Terms of Use will be deemed a further or continuing waiver of such provision or any other provision. Except as expressly provided in an end user software license, or in a “Legal Notice” or other statement by Trail Appliances on the Web Site, these Terms of Use constitute the entire agreement between you and Trail Appliances with respect to the use of Web Site. No changes to these Terms of Use may be made except by a revised posting on this page.