Terms of service

Welcome to Triforce Luggage. These Terms of Service ("Terms") govern your access to and use of TriforceLuggage.com, including any related pages, features, and content (collectively, the "Site"), and your purchase of products from Triforce Luggage, LLC, a Florida limited liability company ("Triforce Luggage," "we," "us," or "our"). PLEASE READ THESE TERMS CAREFULLY. SECTION 20 (DISPUTE RESOLUTION; BINDING ARBITRATION; CLASS ACTION WAIVER) CONTAINS A BINDING ARBITRATION PROVISION AND A CLASS ACTION WAIVER. EXCEPT AS DESCRIBED IN SECTION 20 AND UNLESS YOU OPT OUT, THESE PROVISIONS REQUIRE DISPUTES BETWEEN YOU AND TRIFORCE LUGGAGE TO BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION RATHER THAN BY A JUDGE OR JURY IN COURT, AND THEY LIMIT YOUR ABILITY TO PARTICIPATE IN A CLASS ACTION. By accessing or using the Site, creating an account, or placing an order, you acknowledge that you have read, understood, and agree to be bound by these Terms — including the binding arbitration provision and class action waiver in Section 20 — and our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree to these Terms, do not use the Site or purchase products through it.

1. ELIGIBILITY AND USE OF THE SITE
You must be at least eighteen (18) years old, or the age of legal majority in your jurisdiction of residence, and legally capable of entering into a binding contract to use the Site or place an order. By using the Site, you represent and warrant that you meet these requirements. You may use the Site only for lawful, personal, non-commercial purposes and in accordance with these Terms. You agree not to misuse the Site, interfere with its operation or security, attempt to gain unauthorized access to our systems or other users’ accounts, use robots, scrapers, data-mining tools, or other automated means to access the Site or collect its content without our written permission (including collecting Site content for the purpose of training or developing artificial intelligence or machine-learning models), frame or mirror any portion of the Site, introduce viruses or other harmful code, or use the Site for any fraudulent or unlawful purpose. We may suspend, restrict, or terminate your access to the Site (including any account) at any time, with or without notice, if we reasonably believe you have violated these Terms or applicable law, or to protect the Site, our customers, or our business, subject to applicable law.

2. USER ACCOUNTS
You may be able to create an account to facilitate purchases, track orders, register products, or submit warranty claims. You agree to provide accurate, current, and complete information when creating an account and to keep that information up to date. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us immediately if you suspect any unauthorized access to or use of your account. We are not liable for losses arising from unauthorized use of your account to the extent caused by your failure to safeguard your credentials, except as otherwise required by applicable law.

3. PRODUCTS AND AVAILABILITY
We make reasonable efforts to accurately display product descriptions, specifications, photographs, colors, dimensions, weights, pricing, and availability. However, we do not warrant that product descriptions or other Site content are error-free. Actual colors and appearance may vary depending on your device, screen settings, lighting, and normal manufacturing variations. Products offered through the Site are intended for purchase by end users. We reserve the right to limit or refuse orders that we reasonably believe are intended for unauthorized commercial resale or distribution. All products are subject to availability. We reserve the right to discontinue products, limit quantities sold per person, household, or order, correct errors or inaccuracies, and cancel or refuse orders when reasonably necessary, including in cases involving pricing or typographical errors, suspected fraud, or inventory errors. If we cancel an order after you have been charged, we will refund the amount charged for the canceled portion of the order.

4. PRICING, PAYMENT, AND ORDER ACCEPTANCE
Prices are displayed in U.S. dollars unless otherwise indicated and are subject to change without notice. Applicable sales taxes, shipping charges, and other fees, if any, will be displayed during checkout before you complete your purchase. Your submission of an order constitutes an offer to purchase. All orders are subject to acceptance by Triforce Luggage. An order confirmation email acknowledges receipt of your order but does not constitute acceptance; acceptance occurs when we ship the product(s) to you. We may refuse or cancel any order prior to shipment for any lawful reason, including those described in Section 3. If a product’s listed price is obviously incorrect due to a typographical, pricing, or system error, we may cancel the order and refund any amounts charged, even if the order has been confirmed. By submitting payment information, you represent that you are authorized to use the selected payment method and authorize us and our third-party payment processors to charge the total amount shown at checkout (including any taxes, shipping, and fees). We may pre-authorize your payment method to verify its validity.

5. SHIPPING POLICY; RISK OF LOSS
Free Shipping on Qualified Orders
Triforce Luggage provides free standard shipping to eligible destinations within the United States on qualifying orders, calculated after discounts and promotional codes and before applicable taxes, unless otherwise stated during checkout. Free shipping applies only to eligible shipping destinations and standard shipping services. Expedited shipping, special handling, oversized shipments, or shipments to certain territories or remote locations (including, where noted at checkout, Alaska, Hawaii, and U.S. territories) may be subject to additional charges disclosed at checkout. Free Ground Shipping in the continental USA.

Order Processing Time
Orders are typically processed and tendered to the shipping carrier within two (2) business days after an order is placed. Business days are Monday through Friday, excluding federal holidays.

Processing times are estimates and may be extended during holidays, promotional periods, inventory shortages, payment verification, address verification, or other circumstances. Carrier transit time begins after the order has been tendered to the carrier. If we are unable to ship your order within the timeframe represented on the Site, we will notify you at the email address provided at checkout and, where required by applicable law, offer you the choice to consent to a revised shipping date or to cancel the affected order for a full refund.

Shipping Times
Estimated delivery times displayed on the Site are estimates only and are not guaranteed delivery dates. Once an order has been transferred to a shipping carrier, delivery may be affected by circumstances outside our reasonable control, including carrier delays, weather, natural disasters, transportation disruptions, incorrect or incomplete addresses, or other unforeseen circumstances. You are responsible for providing a complete and accurate shipping address at checkout. We are not responsible for orders delivered to an incorrect address provided by you, and additional charges may apply to reship an order returned to us as undeliverable.

Risk of Loss
If your order is lost or damaged during shipment before delivery, please contact us promptly as described in Section 8. We will investigate the shipment with the carrier and, for verified claims, provide an appropriate replacement, refund, or other remedy. Title and risk of loss will pass as provided by applicable law.

6. FREE 30-DAY RETURNS
We want you to be satisfied with your Triforce Luggage purchase. Eligible products purchased from the Site may be returned free of charge within thirty (30) days of the date of delivery, subject to the conditions below. To qualify for a free return:
• The product must be unused and in its original condition;
• The product must include its original packaging, tags, accessories, manuals, and other
materials supplied with the product;
• The return must be initiated within thirty (30) days from the date of delivery; and
• Proof of purchase may be required.

Products showing signs of travel, use, wear, damage, alteration, or misuse, or missing original packaging or components, are not eligible for return under this policy, and we may refuse the return or, at your request and expense, ship the product back to you. This paragraph does not limit your rights under the Limited Warranty in Section 7 or under applicable law. Items marked as final sale, clearance, or non-returnable at the time of purchase, and gift cards, are not eligible for return unless required by applicable law or the product is defective. Unless otherwise stated at the time of purchase, qualifying returns initiated under this policy will receive a prepaid return shipping label or other return method provided or authorized by Triforce Luggage. You must follow our return instructions (available on the Site or from customer service) before shipping a product back. Triforce Luggage is not responsible for products returned using an unauthorized shipping method or without a valid return authorization, or for return shipments lost or damaged in transit when an unauthorized method is used.

After the returned product is received and inspected, approved refunds will be issued to the original payment method, typically within ten (10) business days of our receipt of the returned product. Financial institutions may require additional processing time before the refund appears on your account. Original expedited shipping charges and other optional shipping services, if purchased, are not refundable unless required by applicable law or the return results from our error (including delivery of a defective, damaged, or incorrect product). This return policy applies only to purchases made directly through the Site. Products purchased from third-party retailers are subject to the return policies of those retailers.

7. LIMITED WARRANTY
Triforce Luggage provides the following limited warranty against manufacturing defects ("Limited Warranty") on eligible Triforce Luggage products purchased from the Site or from an authorized Triforce Luggage retailer, beginning on the original date of purchase. This Limited Warranty is provided by Triforce Luggage, LLC and extends to the original purchaser only and, where required by applicable law, to persons to whom the product is transferred during the warranty period. Warranty registration is encouraged to speed claim processing but is not required to obtain warranty service.
What the Limited Warranty Covers

This Limited Warranty covers defects in materials or workmanship that occur during normal and intended use of the product, including, subject to inspection and verification, defects involving shells, fabrics, handles, wheels, zippers, locks, stitching, or other components, when the failure is determined to have resulted from a manufacturing defect.

What We Will Do
For an approved warranty claim, Triforce Luggage will, at its discretion based on a warranty covered event/reason: (1) replace the defective product, component, or part with the same or a reasonably comparable product or component; or (2) if replacement is not reasonably available, provide a store credit for available merchandise at triforceluggage.com based on the applicable purchase price with proof of purchase. Replacement products or components are warranted for the remainder of the original warranty period.

What the Limited Warranty Does Not Cover
This Limited Warranty does not cover:
• Normal wear and tear;
• Cosmetic damage that does not affect the functionality of the product, including scratches, scuffs, stains, dents, discoloration, or ordinary deterioration;
• Damage resulting from accidents, misuse, abuse, neglect, improper storage, overloading, or improper use;
• Damage caused by unauthorized modifications or repairs (provided that this Limited
Warranty is not void merely because the product was serviced by someone other than Triforce Luggage; only damage caused by such service is excluded);
• Damage caused by airlines, airports, transportation providers, shipping carriers, or other third parties (airline damage claims should be filed directly with the airline);
• Lost or stolen products;
• Exposure to extreme conditions or substances for which the product was not designed; or
• Damage otherwise unrelated to a defect in materials or workmanship.

How to Make a Warranty Claim
To make a claim, contact Triforce Luggage customer service or submit a claim through the warranty claims form at triforceluggage.com/contact-us/warranty-claim, within the warranty period. Please include your name, contact information, proof of purchase (required), a description of the defect, and, when reasonably requested, photographs of the product and the claimed defect. We may require the product to be shipped to us or an authorized service center for inspection; if a claim is approved, we will pay reasonable pre-authorized shipping costs associated with the warranty service.

Limitations; Your Legal Rights
IMPLIED WARRANTIES ON THE PRODUCT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE NOT DISCLAIMED, BUT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ARE LIMITED IN DURATION TO THE DURATION OF THIS LIMITED WARRANTY. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS LIMITATION APPLIES ONLY WHERE AND TO THE EXTENT IT IS PERMITTED BY THE LAW OF YOUR STATE. This Limited Warranty gives you specific legal rights, and you may also have other rights which vary from state to state.

8. LOST, DAMAGED, INCORRECT, OR INCOMPLETE ORDERS
If you receive an incorrect product, an incomplete order, or a product that appears to have been damaged before or during delivery, please contact Triforce Luggage within thirty (30) days of delivery with your order information and, when reasonably requested, photographs showing the product and packaging. If your order does not arrive by the estimated delivery date, please contact us promptly so that we can investigate the shipment with the carrier. We will evaluate the issue and, for verified claims, provide an appropriate remedy at no cost to you, such as replacing the affected product, supplying a missing item, repairing shipping damage where appropriate, or providing a refund. The thirty (30) day notification period in this Section applies only to shipping damage, incorrect items, incomplete orders, and other order fulfillment issues; it does not shorten or otherwise affect the five-year Limited Warranty described in Section 7, and a manufacturing defect may be reported at any time during the warranty period. Nothing in this Section limits your rights under applicable law.

9. ORDER CANCELLATIONS
Orders begin processing shortly after they are submitted. We cannot guarantee that an order can be changed or canceled once processing has begun. If you wish to change or cancel an order, contact us as soon as possible and we will attempt to accommodate the request. If an order has already shipped, the return policy in Section 6 will apply.

10. PROMOTIONS, DISCOUNTS, AND GIFT CARDS
Promotional offers, discount codes, free gifts, contests, sweepstakes, and other promotions may be subject to additional terms disclosed with the applicable promotion, which are incorporated into these Terms for that promotion. Unless expressly permitted, promotional offers cannot be combined, have no cash value, and are not valid on prior purchases. We reserve the right to modify, suspend, or discontinue promotions, and to refuse or reverse promotional benefits obtained through error, fraud, or abuse, subject to applicable law.

If gift cards or store credits are offered, they are subject to any terms provided with them and to applicable law; gift cards are not redeemable for cash except where required by law.

11. INTELLECTUAL PROPERTY
The Site and its content, including the Triforce Luggage name, logos, trademarks, trade dress, product designs, photographs, graphics, text, videos, software, and other materials, are owned by or licensed to Triforce Luggage and are protected by United States and international intellectual property laws. Triforce Luggage and its licensors reserve all rights not expressly granted in these Terms. We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Site for personal, non-commercial shopping purposes. No Site content may be reproduced, distributed, modified, publicly displayed, sold, or commercially exploited without prior written authorization from the applicable rights holder. Nothing in these Terms grants you any license or right to use any Triforce Luggage trademark or logo.

12. USER CONTENT; REVIEWS; FEEDBACK
The Site may allow you to submit reviews, ratings, comments, photographs, videos, questions, or other content ("User Content"). You retain ownership of your User Content. By submitting User Content to the Site, you grant Triforce Luggage a non-exclusive, transferable, sublicensable, worldwide, perpetual, irrevocable, fully paid, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, publicly display, and create derivative works from that User Content, in whole or in part, in any media, including for marketing and advertising purposes, without further notice, attribution, or compensation to you, except where prohibited by law. Social media content is treated separately: where we specifically request permission to use content you have posted on social media, the license described in our request and accepted by you (for example, by replying with an authorizing hashtag or other affirmative response clearly indicating consent) will govern that use. Simply tagging Triforce Luggage or using one of our hashtags, without responding to a specific permission request from us, does not by itself grant us a license to your social media content. You represent and warrant that you own or have the necessary rights to your User Content, that it is accurate and not misleading, and that it does not infringe or violate the rights of any third party or any applicable law. You agree not to submit User Content that is false, defamatory, obscene, harassing, infringing, or otherwise objectionable. We may (but have no obligation to) monitor, remove, or decline to post User Content at our discretion. Reviews you submit must reflect your honest opinions and comply with applicable law, including FTC guidelines on endorsements; we do not compensate reviewers in exchange for positive reviews. If you send us ideas, suggestions, or other feedback about the Site or our products ("Feedback"), you agree that we may use the Feedback without restriction or compensation to you.

13. COPYRIGHT INFRINGEMENT (DMCA)
We respect the intellectual property rights of others. If you believe that content on the Site infringes your copyright, please send a written notice complying with the Digital Millennium Copyright Act, 17 U.S.C. § 512, to: Copyright Agent, Triforce Luggage, LLC, 5040 NW 7th Street, Suite 490, Miami, Florida 33126, or through the contact form at triforceluggage.com/contact-us/corporate-offices (Attn: Copyright Agent). Current contact information for copyright notices will be maintained on the Site and in any agent designation on file with the U.S. Copyright Office. Your notice must include: (1) a physical or electronic signature of the copyright owner or authorized agent; (2) identification of the copyrighted work claimed to be infringed; (3) identification of the allegedly infringing material and its location on the Site; (4) your contact information; (5) a statement that you have a good- faith belief that the use is not authorized by the copyright owner, its agent, or the law; and (6) a statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf. We may remove allegedly infringing content and may terminate the accounts of repeat infringers.

14. PRIVACY; MARKETING COMMUNICATIONS; COOKIES; TEXT MESSAGING
Privacy Policy
Your use of the Site is also governed by our Privacy Policy, which describes how Triforce Luggage collects, uses, shares, and protects personal information, and which is incorporated into these Terms by reference. Please review the Privacy Policy carefully.

Electronic Communications
By using the Site, creating an account, or placing an order, you consent to receive communications from us electronically, including by email and through notices posted on the Site, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

Marketing Communications
When you provide us your email address or phone number — for example, when creating an account, placing an order, registering a product, or submitting a warranty claim — you may receive transactional and service communications relating to your orders, account, warranty claims, or customer service interactions (such as order confirmations, shipping updates, and warranty information). Providing contact information for an order does not automatically enroll you in marketing communications where separate consent is required by applicable law. Marketing and promotional communications will be sent in accordance with applicable law and any consent requirements disclosed when you subscribe, and consent to receive marketing communications is never a condition of purchase. You may opt out of marketing emails at any time by using the unsubscribe link included in each marketing email or by contacting us as described in Section 26, and you may opt out of marketing calls or texts as described below or by contacting us. Opting out of marketing communications does not affect transactional or service communications related to your orders or account.

Text Messaging
If you opt in to receive marketing text messages from us, message frequency will vary, and message and data rates may apply. Consent to receive marketing texts is not a condition of any purchase. You can opt out at any time by replying STOP (or as otherwise instructed) and can get help by replying HELP. Any additional text messaging terms disclosed at sign-up are incorporated by reference.
Cookies and Tracking Technologies

The Site uses cookies, pixels, web beacons, software development kits, and similar tracking technologies to operate the Site (for example, to keep items in your shopping cart and remember your preferences), to analyze Site traffic and performance, to personalize your experience, and, where applicable, to deliver interest-based advertising on the Site and on third-party websites and platforms. Some of these technologies are operated by third-party analytics and advertising partners, who may collect information about your online activities over time and across different websites. We use cookies and similar technologies as described in our Privacy Policy (and Cookie Policy, if posted separately). Where applicable law requires consent before certain cookies or tracking technologies are used, we will request that consent through our cookie preference tools. You can also manage cookies through your browser settings and, where offered, through the cookie preference or "Your Privacy Choices" tools on the Site, and you may have additional rights to opt out of targeted advertising or the "sale" or "sharing" of personal information under applicable state privacy laws. Disabling certain cookies may affect the functionality of the Site.

15. THIRD-PARTY SERVICES AND LINKS
The Site may use, integrate with, or link to third-party websites and services, including payment processors, shipping carriers, social networks, and other service providers. Third-party websites and services are governed by their own terms and privacy policies. We are not responsible for independent third-party websites, services, policies, or practices, except to the extent responsibility cannot lawfully be excluded, and the inclusion of a link does not imply our endorsement.

16. DISCLAIMER OF WARRANTIES
EXCEPT FOR THE EXPRESS FIVE-YEAR LIMITED WARRANTY DESCRIBED IN SECTION 7, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) THE SITE AND ALL CONTENT AND SERVICES MADE AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; AND (B) WITH RESPECT TO PRODUCTS, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION AS DESCRIBED IN SECTION 7. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS IS INTENDED TO WAIVE, EXCLUDE, OR LIMIT ANY WARRANTY OR CONSUMER RIGHT THAT CANNOT LAWFULLY BE WAIVED, EXCLUDED, OR LIMITED.

17. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) TRIFORCE LUGGAGE AND ITS OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE OR THE PURCHASE OR USE OF PRODUCTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR ANY PRODUCT WILL NOT EXCEED THE GREATER OF (I) THE AMOUNTS YOU PAID TO TRIFORCE LUGGAGE FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (II) ONE HUNDRED U.S. DOLLARS ($100). THE LIMITATIONS IN THIS SECTION ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND TRIFORCE LUGGAGE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, FOR FRAUD, OR FOR ANY OTHER LIABILITY THAT CANNOT LEGALLY BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

18. INDEMNIFICATION
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Triforce Luggage and its officers, members, managers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or relating to: (a) your violation of these Terms; (b) your User Content; (c) your misuse of the Site; or (d) your violation of applicable law or the rights of a third party. We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense. This Section does not apply to the extent prohibited by applicable law.

19. FRAUD AND ABUSE
We reserve the right to refuse or cancel transactions, returns, refunds, promotions, or warranty claims, and to suspend or terminate accounts, when we reasonably determine that fraudulent activity, abuse, unauthorized purchasing, unauthorized commercial resale or distribution in violation of Section 3, return fraud, or other misuse has occurred, subject to applicable law.

20. DISPUTE RESOLUTION; BINDING ARBITRATION; CLASS
ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

Informal Resolution First
Before initiating arbitration or any other proceeding, you and Triforce Luggage each agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or any product or transaction (each, a "Dispute") informally. The party raising the Dispute must send the other a written notice describing the Dispute and the requested relief (to us: the contact address in Section 26, Attn: Legal – Dispute Notice; to you: the email or mailing address associated with your order or account). The parties will negotiate in good faith for at least sixty (60) days after the notice is received before initiating arbitration. This informal resolution requirement is a condition precedent to initiating arbitration, and its completion tolls any applicable statute of limitations.

Binding Individual Arbitration
Except as expressly provided below, you and Triforce Luggage agree that any Dispute that is not resolved informally shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect (available at www.adr.org), as modified by this Section. The Federal Arbitration Act (9 U.S.C. §§ 1–16) governs the interpretation and enforcement of this arbitration agreement. The arbitration will be conducted by a single arbitrator, in English, and may proceed by videoconference, by telephone, on written submissions, or in person in the county where you reside (or another mutually agreed location). The arbitrator has exclusive authority to resolve any dispute about the interpretation, applicability, or enforceability of this arbitration agreement, except that a court shall decide any dispute regarding the enforceability of the Class Action Waiver below. Payment of filing, administrative, and arbitrator fees will be governed by the applicable AAA Consumer Arbitration Rules and fee schedule, except that Triforce Luggage will pay any fees it is required to pay under those rules or applicable law. The arbitrator may award the same individualized relief that a court could award, and must issue a reasoned written decision. Judgment on the award may be entered in any court of competent jurisdiction.

Exceptions
Either party may: (a) bring an individual claim in small claims court, if the claim qualifies for that court’s jurisdiction; and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property rights. Nothing in this Section prevents you from filing a complaint with a federal, state, or local government agency, or limits any non-waivable right you may have to seek public injunctive relief where required by applicable law.

Class Action and Jury Trial Waiver
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND TRIFORCE LUGGAGE EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE OR CONSOLIDATED PROCEEDING. ALL DISPUTES MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING. If this Class Action Waiver is found unenforceable as to a particular Dispute, then that Dispute (and only that Dispute) shall proceed in court as described below, and all other Disputes shall remain subject to arbitration.

Mass Filings
If arbitration demands filed against Triforce Luggage by the same or coordinated counsel or entities qualify as a mass arbitration under the AAA Mass Arbitration Supplementary Rules then in effect (or any successor rules), the parties agree that those rules shall apply, including any applicable batching or bellwether procedures, and applicable statutes of limitations shall be tolled while demands are pending under those procedures.

30-Day Right to Opt Out
You may opt out of this arbitration agreement and Class Action Waiver by sending written notice to Triforce Luggage, LLC, 5040 NW 7th Street, Suite 490, Miami, Florida 33126 (Attn: Arbitration Opt-Out), or through the contact form at triforceluggage.com/contact-us/corporate- offices with the subject "Arbitration Opt-Out," within thirty (30) days after you first accept these Terms (or, for purchases, within thirty (30) days of your first purchase after the Last Updated date above). Your notice must include your name, address, the email address associated with your order or account, and a clear statement that you wish to opt out of arbitration. Opting out of arbitration will not affect any other provision of these Terms.

If Arbitration Does Not Apply
If this arbitration agreement is found not to apply to you or to a particular Dispute, or if you validly opt out, that Dispute shall be resolved exclusively in the state or federal courts located in Miami-Dade County, Florida, and you and Triforce Luggage consent to the personal jurisdiction of those courts, except that either party may bring a qualifying claim in small claims court, and nothing in this paragraph deprives you of any right under applicable law to bring an action in the courts of your state of residence.

Survival
This Section 20 survives the termination of these Terms and the completion of any transaction.

21. GOVERNING LAW
These Terms and any Dispute are governed by the Federal Arbitration Act (with respect to Section 20) and otherwise by the laws of the State of Florida, without regard to conflict-of-law principles, except that the consumer protection laws of your state of residence will apply to the extent they cannot be varied by agreement and require otherwise.

22. FORCE MAJEURE
Triforce Luggage will not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including acts of God, natural disasters, epidemics or pandemics, war, terrorism, civil unrest, labor disputes, government actions, supply chain or carrier disruptions, utility or telecommunications failures, or cyber incidents. This Section does not limit any non-waivable rights you have under applicable law, including your right to a refund for products that are paid for and not delivered.

23. CHANGES TO THESE TERMS
We may update these Terms periodically. Updated Terms will be posted on the Site with a revised "Last Updated" date, and material changes may be communicated by additional reasonable means, such as email or a notice on the Site. Changes apply prospectively. The terms applicable to a purchase are those presented or otherwise in effect at the time the purchase was made, except where a subsequent change is required by law. Your continued use of the Site after updated Terms are posted constitutes acceptance of the updated Terms with respect to future use and purchases.

24. STATE-SPECIFIC PROVISIONS
Notice to California Residents
Under California Civil Code Section 1789.3, California users are entitled to the following notice: The Site is provided by Triforce Luggage, LLC, 5040 NW 7th Street, Suite 490, Miami, Florida 33126. Complaints regarding the Site or requests for further information may be sent to the address above, submitted through the contact form at triforceluggage.com/contact- us/corporate-offices, or made by telephone at 1-866-978-4739. California residents may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California

Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

Notice to New Jersey Residents
Notwithstanding any other provision of these Terms, no provision of these Terms (including the disclaimers, limitations of liability, and indemnification provisions) is intended to apply to New Jersey residents to the extent it limits or waives rights or remedies that may not lawfully be limited or waived under New Jersey law, including the Truth-in-Consumer Contract, Warranty and Notice Act, the New Jersey Consumer Fraud Act, or the New Jersey Products Liability Act.

25. GENERAL PROVISIONS
Severability. If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect. Waiver. Our failure to enforce any provision of these Terms is not a waiver of that provision or of our right to enforce it later. Any waiver must be in writing. Assignment. You may not assign or transfer these Terms or any rights under them without our prior written consent. We may assign these Terms in connection with a merger, acquisition, sale of assets, or by operation of law. Survival. Provisions that by their nature should survive termination — including Sections 7, 11, 12, 16, 17, 18, 20, 21, and 25 — survive any termination of these Terms. Entire Agreement. These Terms, together with the Privacy Policy, any policies incorporated by reference, and any additional terms presented at the time of purchase or sign-up, constitute the entire agreement between you and Triforce Luggage concerning your use of the Site and applicable purchases, and supersede any prior agreements on that subject. Notices. We may provide notices to you by email to the address associated with your order or account, by posting on the Site, or by mail to an address you have provided; notices are effective when sent or posted. Except where these Terms specify a different procedure (such as the dispute notice and arbitration opt-out procedures in Section 20), formal legal notices to Triforce Luggage must be sent in writing to Triforce Luggage, LLC, Attn: Legal, 5040 NW 7th Street, Suite 490, Miami, Florida 33126, and are effective upon receipt. Please keep your contact information current. Headings. Section headings are for convenience only and have no legal effect.

26. CONTACT US
For questions about orders, shipping, returns, warranty claims, or these Terms, please contact us:
Triforce Luggage, LLC
5040 NW 7th Street, Suite 490
Miami, Florida 33126
Customer Service: 1-866-978-4739
Corporate: 786-577-5686

Contact form: triforceluggage.com/pages/contact-us
Warranty claims: triforceluggage.com/pages/warranty-claim