Terms of Use

Effective Date: 2021-01-01

TERMS. These Terms of Use are adopted by Tri-National, Inc.(also referred to as “TNi” or “we” or similar pronouns). The Terms of Use provide legally binding contractual terms between you as the Shipper/Purchaser/Applicant and us as the Provider/Seller/Company, and the Terms of Use also governs the use of our website (“Site”). Applicants and Purchasers should read these Terms of Use carefully before proceeding. There are no other terms, understandings, agreements, other than those stated or incorporated herein. Your agreement to ship products with Tri-National or your purchase of equipment shall constitute your acceptance of these Terms without any additional or different items. These Terms may not be altered, amended, or waived except (I) in writing signed by our representatives expressly rejecting any or all the Terms or (II) by us amending or updating these Terms of Use on our Site. Acceptance of an order for product by us is subject to your acceptance of the express Terms contained herein. If any provisions of an order, whether yours or ours, or other writings, past, present or future, are different from or are otherwise in conflict with these Terms, these Terms shall govern, and the terms contained in said orders or other writings are expressly rejected by us.
TRI-NATIONAL’S SERVICES. We offer freight transportation connecting Mexico to Canada through the Midwest region, as well as freight brokerage and warehouse storage services. We also provide freight logistics management including tracking services with information concerning tracking of assets in transit, namely, vehicles, tractors, trailers, drivers, cargo and delivery containers for customer service purposes.
SITE VISITORS. You agree to comply with all laws regarding online conduct. In addition, you must abide by the our policies as stated in this Terms of Use and the other policy documents listed on our Site, as well as all other operating rules, policies and procedures that may be published from time to time on our Site by Tri-National, Inc., each of which is incorporated herein by reference and each of which may be updated by Tri-National, Inc. from time to time without notice to you. Our Site is only available to users who are 18 years of age or older. By using our Site, you represent and warrant that you are at least 18 years old. Tri-National, Inc. may, in its sole discretion, refuse to allow access to or use of our Site to any user. This provision is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.
THIRD-PARTY ADVERTISING. The Site may contain links to third-party websites or services that are not owned or controlled by Tri-National, Inc. Please see our Privacy Policy, which is incorporated in these Terms of Use to understand what information may be disclosed.
LICENSE, ACCESS, AND INTERFERENCE. Tri-National, Inc. grants you a limited license (“License”) to access and make personal use of this website. The content on our Site is the sole property of Tri-National, Inc. Unless otherwise noted, all the text, photos, images, and other content on the Site is the copyright-protected property of Tri-National, Inc. “TNi” and other proprietary trademarks, graphics, logos, designs, page headers, button icons, scripts, and service names are federally registered trademarks, common law and/or state trademarks, or trade dress of Tri-National, Inc. Your License does not include the right to download, modify, or use any of our Site’s material, in whole or in part, without our express written permission; “any material” includes, but is not limited to: Tri-National Inc.’s trademarks, trade dress, logos, product descriptions, pricing, text, graphics, audio and video clips, and/or account information. This Site or any portion thereof may not be reproduced, duplicated, copied, sold, visited, or otherwise exploited for any commercial purpose without our express written permission. Any unauthorized use of this Site voids the License granted by us. We do not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside our control. You agree that you will not: (i) copy, reproduce, modify, create derivative works from, distribute, or publicly display any user content without our prior express written permission and the appropriate third party, as applicable; or (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site.
PRIVACY. We take your privacy seriously. Please consult our Privacy Policy, which can be found at tri-nat.com/privacy-policy, and our Cookies Policy, which can be found at tri-nat.com/cookies-policy, both of which are incorporated into these Terms of Use. Except as provided in the Privacy Policy, we will not sell or disclose your personally identifiable information to third parties without your consent. We use reasonable data security measures to protect all Site materials. Like most websites, we use cookies and/or web beacons to enhance your experience, gather general visitor information, and track visits to our website. For more information on how we use cookies, please see our Cookies Policy, located at tri-nat.com/cookies-policy. This information includes, but is not limited to, IP addresses, browser details, timestamps and referring pages. The information is tracked for routine administration and maintenance purposes.
PROTECTING YOUR ACCOUNT. Some portions of this website permit username and passwords to be used. You are responsible for protecting your unique username and password and you agree to be responsible for all activities performed under your user account.
ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS CAPABLE IN LAW OF BEING SUBMITTED TO BINDING ARBITRATION) AGAINST US, OUR AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, SUCCESSORS, ASSIGNS OR AFFILIATES (COLLECTIVELY, FOR PURPOSES OF THIS PARAGRAPH, “TRI-NATIONAL, INC.”) ARISING FROM OR RELATING TO THIS TERMS AND CONDITIONS, ITS INTERPRETATION OR THE BREACH, TERMINATION OR VALIDITY THEREOF, THE RELATIONSHIPS BETWEEN THE PARTIES, WHETHER PRE-EXISTING, PRESENT OR FUTURE (INCLUDING, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, RELATIONSHIPS WITH THIRD PARTIES WHO ARE NOT SIGNATORIES TO THIS AGREEMENT) SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION APPLYING MISSOURI LAW. THE ARBITRATION WILL BE LIMITED SOLELY TO THE DISPUTE OR CONTROVERSY BETWEEN TRI-NATIONAL, INC. AND YOU. ANY AWARD OF THE ARBITRATOR(S) SHALL BE FINAL AND BINDING ON EACH OF US, AND MAY BE ENTERED AS A JUDGMENT IN THE COURT OF COMPETENT JURISDICTION.
INDEMNITY. YOU AGREE TO INDEMNIFY AND HOLD TRI-NATIONAL, INC. AND (AS APPLICABLE) TRI-NATIONAL, INC.’S OFFICERS, DIRECTORS, AFFILIATES, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THESE TERMS OF USE.
LIMITATION OF LIABILITY. We will not be liable for any incidental, consequential, special, punitive or exemplary damages, including lost profits, loss of data or goodwill, service interruption, computer damage or system failure arising out of or in connection with use of our website or these Terms of Use or products or services purchased from us.
SEVERABILITY. If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
GOVERNING LAW AND CONSENT TO JURISDICTION. This Agreement shall in all respects be governed by the laws of the State of Missouri, excluding its conflicts of laws rules, and the laws of the United States of America. The Parties consent to exclusive jurisdiction and venue in the Circuit Court of St. Louis County or the United States District Courts for the Eastern District of Missouri for any legal action regarding this Agreement. You hereby waive any right to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this Section.
SURVIVAL. Any and all provisions in this Agreement relating to information control, dispute resolution, Tri-National, Inc.’s intellectual property, data access and site interference, breach of the Agreement, privacy, indemnity, severability, the relationship(s) between and among Tri-National, Inc., Site users, and third parties, and choice of law, survive any termination or expiration of these Terms of Use.
NOTICES. Except as explicitly stated otherwise, any notices shall be given by postal mail to Tri-National, Inc. (in the case of Tri-National) or, in your case, to the email address you provide to Tri-National, Inc. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Tri-National, Inc. may give you notice by postal mail, facsimile transmission or any other reliable method to any address provided to Tri-National, Inc. In such case, notice shall be deemed given one day after facsimile transmission or three days after the date of mailing.
DISCLOSURE. The services hereunder are offered by Tri-National, Inc. located at 13397 Lakefront Dr, Earth City, MO 63045.