Terms & Conditions
User Acceptance of www.trinityflavors.com Terms and Conditions
Welcome to www.trinityflavors.com, an e-commerce site advertising and allowing purchase of cocktail drink for persons of legal purchase age of alcoholic beverages under applicable law. The www.trinityflavors.com website (the “Site”) is comprised of various web pages operated by Trinity Flavors, LLC (“Tranz-fusion”). The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein that govern your access and use (the “Terms”). Your use of the Site constitutes your agreement to all such Terms. Please read the Terms carefully and keep a copy of them for your reference. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Site.
Persons Under 21
This Site is offered and available to users who are 21 years of age or older and reside in the United States of America. By using this Site, you represent and warrant that you meet all the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site. Tranz-fusion does not knowingly collect, either online or offline, personal information from persons under the age of 21.
Privacy
Your use of www.trinityflavors.com is subject to Tranz-fusion’s Privacy Policy (the “Privacy Policy”). Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting the Site or sending emails to Tranz-fusion constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Links to Third Party Sites/Third Party Services
The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Tranz-fusion and Tranz-fusion is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Tranz-fusion is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Tranz-fusion of the Linked Site or any association with its operators.
Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the Site, you hereby acknowledge and consent that Tranz-fusion may share such information and data with any third party with whom Tranz-fusion has a contractual relationship to provide the requested product, service or functionality on behalf of Site users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a limited, non-exclusive, non-transferable, revocable, non-commercial use, personal license to access and use the Site strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to Tranz-fusion that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
The Site and its entire content, features, and functionality, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is owned by Tranz-fusion or its suppliers and protected by copyright and other laws that protect intellectual property or proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Tranz-fusion content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal, non-commercial use, and will make no other use of the content without the express written permission of Tranz-fusion or the copyright owner. You agree that you do not acquire any ownership rights in any of the Site’s protected content. We do not grant you any licenses, express or implied, to the intellectual property of Tranz-fusion or our licensors except as expressly authorized by these Terms.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Tranz-fusion. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
You understand and acknowledge that you are responsible for any contributions you submit or contribute to the Communication Services, and you, not Tranz-fusion, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. Tranz-fusion is not responsible or liable to any third party for the content or accuracy of any contributions posted by you or any other user of the Site.
Tranz-fusion has no obligation to monitor the Communication Services. However, Tranz-fusion reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Tranz-fusion reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Tranz-fusion reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Tranz-fusion’s sole discretion.
YOU WAIVE AND HOLD HARMLESS TRANZ-FUSION FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY TRANZ-FUSION DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER TRANZ-FUSION OR LAW ENFORCEMENT AUTHORITIES.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Tranz-fusion does not control or endorse the content, messages or information found in any Communication Service and, therefore, Tranz-fusion specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Tranz-fusion spokespersons, and their views do not necessarily reflect those of Tranz-fusion.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to www.trinityflavors.com or Posted on Any Tranz-fusion Web Page
Tranz-fusion does not claim ownership of the materials you provide to www.trinityflavors.com (including feedback and suggestions) or post, upload, input or submit to any Tranz-fusion Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Tranz-fusion, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Tranz-fusion is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Tranz-fusion’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. If you believe that any contributions to Communication Services violate your copyright, please send us a notice of copyright infringement at [email protected]. It is the policy of Tranz-fusion to terminate the user accounts of repeat infringers.
International Users
The Service is controlled, operated and administered by Tranz-fusion from our offices within the United States of America. We provide this Site for use only by persons located in the USA. We make no claims that the Site or any of its content is accessible or appropriate outside of the USA. Access to the Site may not be legal by certain persons or countries. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Tranz-fusion content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Tranz-fusion, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any Terms or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Tranz-fusion reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Tranz-fusion in asserting any available defenses.
Class Action Waiver
At Tranz-fusion ‘s sole discretion, it may require you to submit any disputes arising from these Terms or use of the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Commonwealth of Pennsylvania law. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Tranz-fusion agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
Disclaimer and Limitation of Liability
THE INFORMATION, SOFTWARE, PRODUCTS, COMMUNICATION SERVICES, AND OTHER SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TRANZ-FUZION AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
YOU UNDERSTAND THAT TRANZ-FUZION CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR SITE WILL BE FREE OF VIRUSES OR DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SITE, OR ON ANY LINKED SITE.
TRANZ-FUZION AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, COMMUNICATION SERVICES, AND OTHER SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, COMMUNICATION SERVICES, AND SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. TRANZ-FUZION AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, COMMUNICATION SERVICES, AND OTHER SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TRANZ-FUZION AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TRANZ-FUZION OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Tranz-fusion reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.
Governing Law and Jurisdiction
To the maximum extent permitted by law, these Terms are governed by the laws of the Commonwealth of Pennsylvania without giving effect to any choice or conflict of law provision or rule and you hereby consent to the exclusive jurisdiction and venue of courts in the Eastern District of Pennsylvania in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this governing law and jurisdiction section.
No Partnership of Joint Venture
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Tranz-fusion as a result of the Terms or use of the Site.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
Tranz-fusion’s performance of these Terms are subject to existing laws and legal process, and nothing contained in these Terms is in derogation of Tranz-fusion’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Tranz-fusion with respect to such use. If any part of these Terms 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 Terms shall continue in effect.
Entire Agreement
Unless otherwise specified herein, these Terms constitute the entire agreement between the user and Tranz-fusion with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Tranz-fusion with respect to the Site. A printed version of the Terms, including, without limitation, any notice given in electronic form, shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Tranz-fusion reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. Tranz-fusion encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Tranz-fusion welcomes your questions or comments regarding the Terms at the following email address: [email protected].
