Hi, Trochi

Terms & Conditions

Terms & Conditions of Use
  1. Both trochi.com and trochi.ca (the “Trochi Websites”) are Websites operated by Hoston International Trade LTD (“Hoston International”) under the Trochi brand. Hoston International and/or its affiliates own(s) the compilation copyright to the Trochi Websites.

    The Trochi Websites are offered to you, the user, conditioned upon your acceptance of the terms and conditions set forth in this agreement (the "Agreement"). By using the trochi.com and trochi.ca Websites, you agree to be bound by this Agreement in its entirety, inclusive of all the terms and conditions stated herein. We urge you to read these terms and conditions of use before accessing or using the Trochi Websites. If you do not agree to these terms and conditions of use written herein, please do not use the Trochi Websites. Hoston International reserves the right to refuse service to anyone for any reason at any time.

    From time to time, when using particular Trochi services or buying products on the Trochi Websites, you will come upon additional guidelines, rules, and policies applicable to such services or products which, from time to time, may be posted on these Websites. All such guidelines, rules, and policies are hereby incorporated by reference and will apply to your use of the Trochi Websites.

    The terms and conditions of this Agreement may be amended from time to time by Hoston International by posting any such updates/changes on the Websites. Use of the Trochi Websites by you after an update/change to these terms and conditions has been so posted shall constitute acceptance by you of such changed terms. If you do not wish to accept such changes, please do not use these Websites. This Agreement was last revised in May of 2016.

  2. Use Limitations and Intellectual Property Rights. Hoston International prepared the Trochi Websites for your personal and non-commercial use. Please do not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, or create derivative works from information or material on this Website, except as follows: You may download and make one copy of the content and other downloadable items displayed on this Website for personal, noncommercial use only, provided that you maintain all copyright and other notices contained in such content. Copying or storing of any content for other than personal, noncommercial use is not permitted.

    Trochi® is a registered trademark of Hoston International. All brand names, product names and titles used on the Trochi Websites are registered trademarks or trade names of Hoston International or third party trademark or trade name holders. You are not allowed to use or reproduce any such trademarks or trade names as they may constitute an infringement of the holders' rights. All Website design, texts, documents, movies and other services and the selection and arrangement thereof, and all other material on the Trochi Websites are protected by copyright. You are only allowed to electronically copy and print portions of the Trochi Websites to the extent this is necessary for the purpose of placing an order, or for using the Website as a shopping resource. You are not allowed to make any other use of the information and materials on the Website, including reproduction for the purposes other than those noted above, modification, distribution, or (re)publication. Should you wish to use materials and information from this Website, you need to obtain Hoston International's prior written consent.

  3. Territory. Ttochi.com and trochi.ca are for the use of individuals located in North America only, more specifically, for use in the United States (trochi.com) and Canada (trochi.ca) respectively. We are sorry, but Trochi products are not available outside North America; orders or requests for information or services from outside North America will not be filled.

  4. Liability Disclaimer. The information and other material published on the Trochi Websites may include inaccuracies or typographical errors and Hoston International is not responsible if information made available on its Websites is not accurate, complete or current. Hoston International shall not be liable or responsible for any loss or damage caused by or arising from any user’s reliance on information obtained from or through these Websties. Changes are periodically made to the information contained herein. Hoston International reserves the right to modify or discontinue its Website service and/or to change information contained on its Websites or any part or content thereof without notice at any time and at its discretion.

    Some styles or colors of products displayed on the Trochi Websites may not be available. Due to the user’s monitor, the actual colors of the products displayed are not guaranteed. We have made every effort to accurately display the true colors of the products on this site but actual products may vary slightly in appearance from those displayed. Furthermore, the designs, colors, and prices of products are subject to change without notice.

  5. Limited Warranties for Trochi products purchased through the on-line ordering features are set out in the Customer Service section on trochi.com and trochi.ca.

  6. EXCEPT FOR THE FOREGOING LIMITED WARRANTIES, HOSTON INTERNATIONAL MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE INFORMATION, SOFTWARE, MATERIALS, PRODUCTS OR SERVICES CONTAINED OR DISCUSSED ON THE TROCHI WEBSITES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, MATERIALS, PRODUCTS OR SERVICES ARE PROVIDED "AS IS" TO THE FULLEST EXTENT PERMISSIBLE BY LAW WITHOUT WARRANTY OF ANY KIND AND ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. IN NO EVENT SHALL HOSTON INTERNATIONAL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE TROCHI WEBSITES OR WITH THE DELAY OR INABILITY TO USE THE TROCHI WEBSITES, OR FOR ANY INFORMATION, MATERIALS, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE TROCHI WEBSITES OR THROUGH HYPERTEXT LINKS TO THIRD PARTY WEBSITES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE TROCHI WEBSITES OR ANY LINKED WEBSITES, EVEN IF HOSTON INTERNATIONAL AND/OR ITS AFFILIATES OR SUBSIDIARIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF SUCH DAMAGES RESULTS FROM HOSTON INTERNATIONAL’S NEGLIGENCE OR GROSS NEGLIGENCE. BECAUSE SOME STATE/PROVINCIAL JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATE/PROVINCIAL JURISDICTIONS, HOSTON INTERNATIONAL’S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. HOSTON INTERNATIONAL DOES NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE TROCHI WEBSITES. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON SUCH OPINION, ADVICE, STATEMENT OR INFORMATION SHALL BE AT YOUR OWN RISK. HOSTON INTERNATIONAL RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE TROCHI WEBSITES. HOSTON INTERNATIONAL DOES NOT AND CANNOT REVIEW ALL MATERIALS, IF ANY, POSTED TO THE TROCHI WEBSITES BY USERS, AND HOSTON INTERNATIONAL IS NOT RESPONSIBLE FOR ANY SUCH MATERIALS POSTED BY USERS. HOSTON INTERNATIONAL DOES, HOWEVER, RESERVE THE RIGHT AT ALL TIMES TO DISCLOSE ANY INFORMATION AS NECESSARY TO SATISFY ANY LAW, REGULATION OR GOVERNMENT REQUEST, OR TO EDIT, REFUSE TO POST OR TO REMOVE ANY INFORMATION OR MATERIALS, IN WHOLE OR IN PART, THAT IN HOSTON INTERNATIONAL'S SOLE DISCRETION ARE OBJECTIONABLE OR IN VIOLATION OF THIS AGREEMENT. ANY AND ALL ADDITIONAL DISCLAIMERS APPEARING WITHIN THE BODY OF THE TROCHI WEBSITES ARE INCORPORATED HEREIN BY REFERENCE. TO THE EXTENT ANY SUCH DISCLAIMERS PLACE GREATER RESTRICTIONS ON YOUR USE OF THE TROCHI WEBSITES OR THE MATERIAL THEREIN, SUCH GREATER RESTRICTIONS SHALL APPLY.

  7. No unlawful or prohibited use. Please note that we require of you, as a condition of your use of the Trochi Websites, that you will not use the Trochi Websites or post any information or material on the Trochi Websites, for any purpose or in any manner that is unlawful, violates any third party's rights, or is prohibited by these terms, conditions and notices. You understand that Hoston International may suspend or terminate your access to its Websites if, in its discretion, you violate this provision or any other provision of these Terms and Conditions of Use and may also delete all or any portion of any material you post.

  8. Links to third party websites. The Trochi Websites may contain links to websites operated by third parties. Such links are provided for your reference and convenience only. Hoston International is not responsible for the content, products, services, statements or privacy policies in, offered, made or asserted in such websites. The mere inclusion of such links within the Trochi Websites does not constitute any endorsement of the material on such websites or any association with their operators. Hoston International reserves the right to de-link from any and all third party websites at any time. Third parties wishing to link to the Trochi Websites should do so only to the websites’ home pages. No use of Hoston International’s trademark may be made in connection with such links without Hoston International’s approval. Hoston International reserves the right to bar such links at any time.

  9. User age of majority. By agreeing to these Terms and Conditions of Use, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. The Trocho Websites are not for use by children under thirteen years of age.

  10. On-line ordering of services and goods. Hoston International may, from time to time, offer you the opportunity to purchase certain services and products through the Trochi Websites. Such purchases are subject to certain terms and conditions, which appear when you elect to purchase such goods and services, in addition to those set forth otherwise in these Terms and Conditions of Use. Hoston International will not ship products or provide services to those located outside of the Territory as defined above, in jurisdictions that do not permit the application of these Terms and Conditions of Use, or to locations in which the shipment or provision of such products or services would be prohibited.

  11. Monitoring. In order to better serve you, Hoston International may monitor your use of the Trochi Websites, subject to the terms of Hoston International’s privacy policy, referenced on the Customer Info page of both Trochi Websites. In the event Hoston International becomes aware of any material on the Trochi Websites, whether provided by you or otherwise, that is potentially infringing, defamatory, a violation of law or a person or entity's rights, or otherwise problematic in Hoston International’s discretion, Hoston International may remove such material without any liability to you whatsoever.

  12. Use of information and suggestions provided by you regarding the Trochi Websites. In the event you provide to Hoston International or post any material, information, suggestions or comments on or through the Trochi Websites about the Website, the way in which Hoston International conducts its business, or the operation of the Websites, Hoston International reserves the right to use such material, information, suggestions or comments at its sole discretion, with no compensation or credit to you. You hereby grant to Hoston International a nonexclusive, perpetual, worldwide, royalty free license to utilize and publish such information and material, in whole or in part. However, use by Hoston International of information by which you may be identified (such as your name, address, social security number and telephone number), will be governed by Hoston International’s Privacy Policy as outlined on the Customer Info pages of both trochi.com and trochi.ca.

  13. Use of your suggestions to Hoston International regarding new products, features or processes. Hoston International, as a company that is always in the process of developing new products, product features, and processes, has an established invention submission policy. Most of the suggestions and ideas regarding new products, product features and processes Hoston International receives from the public duplicate ideas Hoston International has already developed or is in the process of developing. To avoid undue disappointment and misunderstandings, Hoston International has a strict policy of not accepting suggestions and ideas regarding potential products, product features or processes from persons outside the company for review and consideration unless such persons agree to certain terms. Therefore, do not send any submissions to Hoston International unless you agree to the following terms:

    1. A submission will not in any way establish a confidential relationship nor will it place Hoston International in the position of receiving a submission in trust; and Hoston International shall not be obligated and makes no commitment to treat or maintain as confidential such submissions.
    2. Hoston International shall have the right to retain any material submitted to it, to make copies thereof and to retain the same in its files.
    3. No obligation is assumed by Hoston International or may be implied by the receipt or examination of the submission unless or until a formal written agreement signed by Hoston International and by you, and then Hoston International’s obligations shall be only as expressed in that written agreement.
  14. Changes in the Trochi Websites. Please be aware, that, like all internet websites, the Trochi Websites are works in progress. Therefore, Hoston International may change, suspend or discontinue any aspect of the Trochi Websites at any time, including the availability of any Trochi Website feature, database or content. Hoston International may also impose limits on certain features and services or restrict your access to parts or the entire Website(s) without notice or liability.

    Prices for Trochi products are subject to change without notice. Hoston International does not warrant that the functions contained on the Trochi Websites or any materials or content contained therein will be uninterrupted or error free, that defects will be corrected, or that the Websites or the server that makes them available is free of viruses or other harmful components. Hoston International and its subsidiaries and affiliates shall not be liable for the use of the Trochi Websites, including, without limitation, the content and any errors contained therein. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

  15. Your representations and warranties. You represent, warrant and covenant that:

    1. you shall not upload from, post or transmit to, or distribute or otherwise publish through the Trochi Websites any materials which
      1. restrict or inhibit any other user from using the Trochi Websites,
      2. are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent,
      3. constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law,
      4. violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other right,
      5. contain a virus or other harmful component,
      6. contain advertising of any kind,
      7. are false regarding you, or
      8. constitute or contain false or misleading indications of origin or statements of fact;
    2. all information you provide about yourself shall be true and accurate;
    3. you are at least 18 years old (or are using the Trochi Website(s) with the permission of your parents);
    4. you shall be responsible for all orders placed by you or with your authorization or by individuals to whom you have given authorization to use your credit card or similar payment mechanisms; and
    5. when using the Trochi Websites you will be located within the Territory.
  16. Your password. In the event your activity on the Trochi Website(s) require(s) the use of a password, please keep this password in a safe place. You agree to keep any password that you may be given during your use of the Trochi Websites secret and not to share it with anyone. Should you share your password with anyone or fail to take reasonable steps to keep it secure, you shall be responsible for all activity conducted with your password.

  17. Your indemnification. You hereby agree to indemnify, and hold Hoston International, and all its officers, directors, owners, agents, employees, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach or alleged breach by you of this Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorney fees and costs. Hoston International shall have the right to defend, settle and compromise any such claim with counsel of its own selection. You shall cooperate as fully as reasonably required in the defense thereof. You shall not in any event settle any matter without the written consent of Hoston International.

  18. Privacy Policy. We consider your privacy to be very important and we want to be sure you are aware of and agree to the way in which we might use personal information about you. You hereby agree to Hoston International’s Privacy Policy, which is hereby incorporated into this Agreement, Trochi’s Privacy Policy, in which we detail the ways in which we might utilize personal information coming from you, can be viewed on the Customer Info page of both trochi.com and trochi.ca. Please keep in mind when you post any information on the Trochi Websites including, without limitation, in the interactive sections, that the information you post, whether about yourself or others, may be viewed by others. Use good sense and prudence in determining the extent of personal information you wish to make available to others.

  19. Bulletin Board Use. Hoston International may choose to include a bulletin board (“Bulletin Board”), discussion room, chat room or other similar interactive portion on either or both of the Trochi Websites and which you may be encouraged to post material and information. You understand that your use of the Bulletin Board is subject to these Terms and Conditions of Use, including, without limitation your warranties, representations and obligations of indemnification set forth herein. Hoston International reserves the right but does not assume any obligation to refuse to permit material to be posted, to edit, remove and use any information on the Bulletin Board in its discretion and you waive any claim against Hoston International in connection therewith. Any information you post on such Bulletin Board(s) may be viewed by other users and thus we at Hoston International strongly recommend that you use prudence and caution in selecting the information and material you post, including, without limitation, material about yourself and others or information that identifies you or others. You agree not to use the personal information of other user(s) of the Trochi Websites, whether or not posted on the Bulletin Board, other than for the purpose for which such information was provided to you by such user(s), but in any case for no unlawful or offensive purpose.

  20. Questions, Complaints, Comments or Service Contact.

    1. Technical Questions. If you have any questions about the Trochi Websites, or if you have technical problems in accessing information on either trochi.com or trochi.ca, please contact us via the contact form to be found on the Websites.
    2. Concerns about possible infringement or inappropriate conduct or content on the Website. If you believe that certain software, information or other content on the Trochi Websites violate your rights or the rights of others, or if you believe that another user is violating the terms of this Agreement, please feel free to contact us via the contract form to be found on the Websites. We do not commit to following up or resolving your concerns, but may do so at our discretion.
    3. If you believe that any material on the Trochi Websites infringes your copyright, please contact us via the contact form to be found on the Websites with the following information:
      1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
      2. a description of the copyrighted work that you claim has been infringed, including the URL (Web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
      3. identification of the URL or other specific location on the Website where the material that you claim is infringing is located;
      4. your address, telephone number and email address;
      5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
      6. a statement by you, made under penalty of perjury, that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
  21. Termination.

    1. Termination by Hoston International. Hoston International may at any time, without prior notice and at its sole discretion, terminate this Agreement, in whole or in part, with or without cause and with no obligation of prior notice to you.
    2. Your remedy. You may terminate this Agreement at any time by ceasing to use the Trochi Websites. Your sole remedy against Hoston International in the event of dispute arising out of this Agreement, the Trochi Websites or your use thereof, is to terminate this Agreement.
    3. Your Data. In the event of termination of this Agreement, Hoston International may delete and/or store in its discretion, data associated with your use of the Website.
  22. Assignment. Your rights and obligations under this Agreement and in using the Trochi Websites are not assignable.

  23. Governing Law. This Agreement is governed by the internal laws of those jurisdictions in which Trochi operates and applicable to agreements entered into and wholly to be performed therein without giving effect to its principles of conflicts of laws. You hereby agree that any claim by you (or those claiming through you) arising out of your use of the Trochi Websites or material appearing on the Websites, shall be resolved by binding arbitration conducted in the appropriate jurisdiction and shall be arbitrated on an individual basis (and not consolidated with any claim of any other party). Use of the Trochi Websites is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions of Use, including, without limitation, this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Hoston International as a result of this Agreement or your use of the Trochi Websites.

  24. Legal Process. This Agreement is subject to existing laws and legal process. Nothing in this Agreement shall derogate Hoston International’s right to comply with law enforcement requests or requirements relating to your use of the Trochi Websites or information provided to or gathered by Hoston International with respect to such use.

  25. Invalidity. 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.

  26. Entire Agreement. This Agreement contains the entire agreement between you and Hoston International with respect to the Trochi Websites (trochi.com and trochi.ca). It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Hoston International with respect to the Trochi Websites.

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