![]() | ![]() |
Terms and Conditions of Use Last Updated: June 1, 2018 INTRODUCTION USE OF THE SITE SITE MODIFICATIONS PRIVACY POLICY LINKS TO OTHER SITES ELECTRONIC COMMUNICATIONS By using the Site or sending us an e-mail, you consent to receiving electronic communications and notices from Company. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. 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 Company 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. Company respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact Company’s Legal Department at TKC Holdings, Inc. , Intellectual Property Questions, 1260 Andes Boulevard, 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. ACCESS, ACCESS SECUREPAK and SECUREPAK are included in the family of trademarks and service marks owned by Company in the United States and other countries (this is not an all-inclusive list of Company’s trademarks and service marks). Company’s trademarks and service marks may not be used in connection with any product or service that is not Company’s in any manner that is likely to cause confusion among customers, in any manner that disparages or discredits Company, or without our prior written permission. All other trademarks not owned by Company 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 Company. 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. Company 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 Company 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. However, many manufacturers make changes in design, color, package size and style during the year. Company reserves the right to make any necessary changes for information printed incorrectly. Prices and offers are subject to change. FEES AND OBLIGATIONS
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY COMPANY (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. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. INDEMNITY You agree to indemnify and hold Keefe Commissary Network, LLC, Trinity Services Group, Inc. and their related companies and each of their respective directors, officers, employees and agents harmless from and against any third-party claim or cause of action, including reasonable attorneys’ fees and costs, arising, directly or indirectly, in whole or in part, out of your access or use of the Site or your violation of any law or the rights of any person. 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 Company 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@securepak.net.
|