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Terms and Conditions of Use INTRODUCTION USE OF THE SITE SITE MODIFICATIONS PRIVACY POLICY LINKS TO OTHER SITES ELECTRONIC COMMUNICATIONS INTELLECTUAL PROPERTY Copyright. All copyrightable text, graphics, logos, sound, downloads, software, button icons, other material and the overall design of the Site (collectively, the “Content”) included in or made available through the Site, is copyrighted by TKC or our content suppliers and is protected by United States or international copyright laws. All rights reserved. You may print a copy of the Content on your computer only for your own personal, non-commercial home use, provided that you do not remove any copyright, trademark or other proprietary notices from the Content. Any other use of the Content is strictly prohibited, unless you have prior written permission. Notice and Procedure for Making Claims of Copyright Infringement. TKC respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact TKC’s Legal Department at TKC Holdings, Inc., 10880 Linpage Pl, St. Louis, Missouri, 63132. Please include: (1) a physical signature of the person authorized to act on behalf of the owner of the copyright or other proprietary interest; (2) a description of the copyrighted work or other protected material that you claim has been infringed upon; (3) a description of where the material is located on the Site; (4) your address, telephone number, and e-mail address; (5) your statement that you have a good faith belief that the disputed use is not authorized by the copyright or other interest owner, its agent or the law; and (6) your statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or other interest owner or are authorized to act on the owner’s behalf. Trademarks. KEEFE COMMISSARY NETWORK, ACCESS, ACCESS SECUREPAK, and SECUREPAK are included in the family of trademarks and service marks owned by TKC in the United States and other countries (this is not an all-inclusive list of TKC’s trademarks and service marks). TKC’s trademarks and service marks may not be used in connection with any product or service that is not TKC’s, in any manner that is likely to cause confusion among customers, in any manner that disparages or discredits TKC, or without our prior written permission. All other trademarks not owned by TKC that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by TKC. YOUR ACCOUNT If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the Site only with involvement of a parent or guardian. TKC reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion. USE OF INFORMATION SUBMITTED You agree that TKC is free to use any comments, information or ideas contained in any communication you may send to us without compensation, acknowledgment or payment to you, for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services, or modifying or improving the Site or other products or services. PRODUCT DESCRIPTIONS Every effort has been made to show and describe the merchandise and all information as accurately as possible. Many manufacturers make changes in design, color, package size, and style after catalog/e-catalog production and therefore, we reserve the right to discontinue or change product specifications without prior notice. We regret any changes that might occur and will make every effort to minimize these occurrences. Inadvertent errors in product descriptions, pricing, and special offers are not binding on TKC, and may be adjusted by TKC at any time. Prices and offers are subject to change and are available while supplies last. PRODUCT AVAILABILITY TKC attempts to be as accurate as possible with the information available on this Site. However, because item and ingredient availability vary by location and time, TKC makes no representation or warranty as to the accuracy or availability of the item depictions or descriptions contained herein. TKC reserves the right to make changes and/or substitutions to products ordered without notice and without liability for such change. No refunds will be offered for changes and/or substitutions. FOOD-RELATED NEEDS Before consuming any food offered or prepared by TKC, through commissary or Trinity Take-Out programs, please consult the product packaging or recipe for specific information on the ingredients, warnings, and certifications carefully. If you have dietary restrictions or sensitivities (such as lactose intolerance, celiac disease, or diabetes mellitus), dietary preferences (such as veganism), or religious dietary observances (such as kosher or halal), always check the product packaging or recipe to ensure it aligns with your needs. Some products and prepared food may contain common allergens such as milk, eggs, wheat, and peanuts. For foods prepared in onsite kitchens, although precautions are taken to minimize the risk of cross-contamination in food preparation, TKC does not guarantee that any of its products are safe to consume for people with food allergies. All sales are final, and orders are subject to limitations as set by the recipient’s facility including but not limited to weekly allotments and time constraints. In the event an order placed through any of TKC’s services does not meet the dietary restrictions, sensitivities, preferences, or observances of the recipient, TKC will not be responsible for food items that cannot be consumed by the recipient. Additionally, purchases will not be refunded in the event an order is placed but not delivered due to transfer, release, or disciplinary action. All discrepancies must be reported and addressed by the recipient at the time of delivery. FEES AND OBLIGATIONS You agree that certain fees will be associated with your purchases (“Service Fee”). The Service Fee will be added to the purchase amount and clearly identified as part of your purchase. ORDER ACCEPTANCE Please note that there may be orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will not be charged until your payment method is authorized, the order information is verified and your order is shipped. Some situations may result in your order being canceled including limitations on quantities available for purchase, error in recipient information, or problems identified by our credit and fraud avoidance systems. If your order is cancelled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge. Processing fees associated with your order are not refundable once your order is shipped. TKC (AS WELL AS ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND STOCKHOLDERS) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, ANY CREDIT CARD COMPANY'S NON-AUTHORIZATION OF A USER'S BANK CARD PAYMENT, FOR DISRUPTIONS IN SERVICE ON THIS SITE, OR FOR ERROR, DELAY OR MIS-DELIVERY OF A PAYMENT, REGARDLESS OF THE CAUSE, INCLUDING (WITHOUT LIMITATION) DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. INDEMNITY DISPUTES These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the State of Missouri, United States of America, without regard to its conflict of law principles. Any action to enforce these Terms and Conditions of Use shall be brought in the federal court in the Eastern District of Missouri or the state courts located in St. Louis County, Missouri. By using the Site, you consent to the jurisdiction and venue of these courts. Except where prohibited, you agree that any and all disputes, claims and causes of action directly or indirectly arising out of the Site shall be resolved individually, without resort to any form of class action. Any claim or cause of action you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises, regardless of any law to the contrary. GENERAL If any provision of these Terms and Conditions of Use is held to be invalid or unenforceable, that provision shall be construed consistent with applicable law, and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope of such section. Our failure to enforce any provision of these Terms and Conditions of Use shall not constitute a waiver of that or any other provision. These Terms and Conditions of Use set forth the entire agreement between you and TKC in connection with your use of the Site. CONTACT US If you have any questions regarding these Terms and Conditions of Use, please contact us at customerservice@accesssecurepak.com. |