Terms and Conditions

Welcome to www.triathlonlab.com by Triathlon LAB, Inc. (“Tri LAB”). Please read these Terms and Conditions of Use (“Terms and Conditions”) completely and carefully before using triathlonlab.com (the “Site”). By using the Site, you express your unconditional agreement to follow and be bound by the Terms and Conditions of Use in their entirety. If you do not agree with any of the following Terms of Use and Conditions, please do not use this Site.

Further, by accepting these Terms of Use through your use of the Site, you certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. Tri LAB does not intentionally collect personal information about children under the age of 13. Children under the age of 13 may not use this Site and parents or legal guardians may not agree to these Terms and Conditions on their behalf. If you are a parent or legal guardian agreeing to these Terms and Conditions for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur. If you do not agree to (or cannot comply with) any of these terms and conditions, do not use this Site. All billing and registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information may constitute a breach of these Terms and Conditions. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) requested.

Security

Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Tri LAB will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Tri LAB on this Site and other than generally available third-party web browsers (e.g., Netscape Navigator, Microsoft Explorer).

Orders

Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.

While Tri LAB strives to provide accurate product and pricing information, pricing or typographical errors may occur. Tri LAB cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Tri LAB shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, Tri LAB may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We strive to provide you with the lowest prices possible on Tri LAB as well as in our stores. However, store pricing will sometimes differ from online prices. Prices and availability are subject to change without notice.

Warranty Disclaimer

THE CONTENT ON THIS SITE IS PROVIDED TO USERS “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TRI LAB DOES NOT WARRANT THAT THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE INCLUDING WITHOUT LIMITATION TYPOGRAPHICAL, FACTUAL ERRORS, OR TECHNICAL INACCURACIES. TRI LAB PROVIDES NO WARRANTY THAT THE SITE WILL BE FREE OF TECHNICAL MALFUNCTIONS, OR THAT THE SITE’S SERVER WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL TRI LAB OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF TRI LAB HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL TRI LAB BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE ON THE DATE WHICH THE CLAIM AROSE.

Third Party Links

The links from the Tri LAB web site to the World Wide Web provide access to information from a variety of sources. The presence of these links is not an endorsement of any product or information available from other sources. Tri LAB disclaims any and all responsibility for the information which is accessible through this web site, and assumes no liability associated therewith. We make no warranty, guarantee, or representation, express or implied, with respect to the accuracy, effectiveness, or usefulness of any information, methods, or materials that are available, or described, herein. Tri LAB does not assume any liability for the use of any information, methods, or materials found herein or for damages arising from such use, nor assume any responsibility for any injury to individuals or property, or for any financial loss, sustained as a result of the use or application of the information, methods, or materials that are available, or described, in our links to other sites. Tri LAB has no control over the resources that can be accessed from our web site.

User Input

Unless otherwise provided in the Terms and Conditions, any communication, material or feedback with regard to contents on this Site transmitted by a user of this Site via electronic mail or otherwise, including any data, questions, or comments regarding the content of any document or other information contained on this Site, shall be deemed to be non-confidential and Tri LAB shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation.

Trademarks and Copyrights

All trademarks relating to the Site, including “triathlonlab.com” is the sole property of Tri LAB. In addition, other names, logos, characters and images on the Site are the trademarks of Tri LAB or their respective owners. You agree not to use any trademark located on the Site for any purpose without the prior written consent of Tri LAB or the appropriate trademark owner. All content, including but not limited to, articles, stories, images, video, graphics, sounds, software, and source code on the Site is subject to copyright protection and may not be displayed, reproduced, modified, or used in any way except as expressly permitted by these Terms and Conditions, or with the prior written permission of Tri LAB.

Privacy For an explanation of Tri LAB’s practices and policies related to the collection, use and storage of our online guests' information, please read our Privacy Policy.

Indemnity

You agree to defend, indemnify, and hold harmless Tri LAB and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.

Jurisdictional Issues

This agreement shall be governed by, construed and enforced according to the laws of the state of California. You expressly consent to the jurisdiction of state and federal courts located within Los Angeles County.

Severability, Integration, and Amendment

If any provision of the Terms and Conditions shall be held to be unlawful, void, or unenforceable for any reason, that provision shall be enforced to the maximum extent possible but will otherwise be severable from the Terms and Conditions and shall not affect the validity or enforceability of any remaining provisions.

The provisions of the Terms and Conditions and each right and obligation referenced herein represent the entire agreement between you and Tri LAB, its affiliates or related entities. The Terms and Conditions shall supersede any prior agreements or understanding not incorporated herein.

These Terms and Conditions may not be amended, waived, modified, or terminated by any subsequent action unless set forth in a revised Terms and Conditions posted on this Site by Tri LAB.