TERMS OF SERVICE
AGREEMENT
PLEASE
READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING
OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL
TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE
USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE
PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS
AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES.
THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 10/28/2018..
ACCEPTANCE OF TERMS
The
following Terms of Service Agreement (the "TOS") is a legally binding
agreement that shall govern the relationship with our users and others which
may interact or interface with , also known as Trinhcuisine.com, located at
23820 Ironwood Ave, Moreno Valley, Alabama 92557 and our subsidiaries and
affiliates, in association with the use of the Trinhcuisine.com website, which
includes Trinhcuisine.com, (the "Site") and its Services, which shall
be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The
Site is a ecommerce website which has the following description: Collecting,
reorganize and share again the legal forms. Any and all visitors to our site,
despite whether they are registered or not, shall be deemed as
"users" of the herein contained Services provided for the purpose of
this TOS. Once an individual register's for our Services, through the process
of creating an account, the user shall then be considered a "member."
The
user and/or member acknowledges and agrees that the Services provided and made
available through our website and applications, which may include some mobile
applications and that those applications may be made available on various
social media networking sites and numerous other platforms and downloadable
programs, are the sole property of . At its discretion, may offer additional
website Services and/or products, or update, modify or revise any current
content and Services, and this Agreement shall apply to any and all additional
Services and/or products and any and all updated, modified or revised Services
unless otherwise stipulated does hereby reserve the right to cancel and cease
offering any of the aforementioned Services and/or products. You, as the end
user and/or member, acknowledge, accept and agree that shall not be held liable
for any such updates, modifications, revisions, suspensions or discontinuance
of any of our Services and/or products. Your continued use of the Services
provided, after such posting of any updates, changes, and/or modifications
shall constitute your acceptance of such updates, changes and/or modifications,
and as such, frequent review of this Agreement and any and all applicable terms
and policies should be made by you to ensure you are aware of all terms and
policies currently in effect. Should you not agree to the updated, revised or
modified terms, you must stop using the provided Services forthwith.
Furthermore,
the user and/or member understands, acknowledges and agrees that the Services
offered shall be provided "AS IS" and as such shall not assume any
responsibility or obligation for the timeliness, missed delivery, deletion
and/or any failure to store user content, communication or personalization
settings.
REGISTRATION
To
register and become a "member" of the Site, you must be at least 18
years of age to enter into and form a legally binding contract. In addition,
you must be in good standing and not an individual that has been previously
barred from receiving Trinhcuisine.com's Services under the laws and statutes
of the United States or other applicable jurisdiction.
When
you register, Trinhcuisine.com may collect information such as your name,
e-mail address, birth date, gender, mailing address, occupation, industry and
personal interests. You can edit your account information at any time. Once you
register with Trinhcuisine.com and sign in to our Services, you are no longer
anonymous to us.
Furthermore,
the registering party hereby acknowledges, understands and agrees to:
·
furnish factual,
correct, current and complete information with regards to yourself as may be
requested by the data registration process, and,
·
maintain and promptly
update your registration and profile information in an effort to maintain
accuracy and completeness at all times.
If
anyone knowingly provides any information of a false, untrue, inaccurate or
incomplete nature, will have sufficient grounds and rights to suspend or
terminate the member in violation of this aspect of the Agreement, and as such
refuse any and all current or future use of Services, or any portion thereof.
It
is priority to ensure the safety and privacy of all its visitors, users and
members, especially that of children. Therefore, it is for this reason that the
parents of any child under the age of 13 that permit their child or children
access to the Trinhcuisine.com website platform Services must create a
"family" account, which will certify that the individual creating the
"family" account is of 18 years of age and as such, the parent or
legal guardian of any child or children registered under the "family"
account. As the creator of the "family" account, s/he is thereby
granting permission for his/her child or children to access the various
Services provided, including, but not limited to, message boards, email, and/or
instant messaging. It is the parent's and/or legal guardian's responsibility to
determine whether any of the Services and/or content provided are age appropriate
for his/her child.
PRIVACY POLICY
Every
member's registration data and various other personal information are strictly
protected by the Online Privacy Policy (see the full Privacy Policy at trinhcuisine.com).
As a member, you herein consent to the collection and use of the information
provided, including the transfer of information within the United States and/or
other countries for storage, processing or use by and/or our subsidiaries and
affiliates.
MEMBER ACCOUNT, USERNAME, PASSWORD AND
SECURITY
When
you set up an account, you are the sole authorized user of your account. You
shall be responsible for maintaining the secrecy and confidentiality of your
password and for all activities that transpire on or within your account. It is
your responsibility for any act or omission of any user(s) that access your
account information that, if undertaken by you, would be deemed a violation of
the TOS. It shall be your responsibility to notify immediately if you notice
any unauthorized access or use of your account or password or any other breach
of security. shall not be held liable for any loss and/or damage arising from
any failure to comply with this term and/or condition of the TOS.
CONDUCT
As
a user or member of the Site, you herein acknowledge, understand and agree that
all information, text, software, data, photographs, music, video, messages,
tags or any other content, whether it is publicly or privately posted and/or
transmitted, is the expressed sole responsibility of the individual from whom
the content originated. In short, this means that you are solely responsible
for any and all content posted, uploaded, emailed, transmitted or otherwise
made available by way of the Trinhcuisine.com Services, and as such, we do not
guarantee the accuracy, integrity or quality of such content. It is expressly
understood that by use of our Services, you may be exposed to content
including, but not limited to, any errors or omissions in any content posted,
and/or any loss or damage of any kind incurred as a result of the use of any
content posted, emailed, transmitted or otherwise made available by Trinhcuisine.com.
Furthermore,
you herein agree not to make use of 's Services for the purpose of:
·
uploading, posting,
emailing, transmitting, or otherwise making available any content that shall be
deemed unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, or invasive of another's privacy or
which is hateful, and/or racially, ethnically, or otherwise objectionable;
·
causing harm to minors
in any manner whatsoever;
·
impersonating any
individual or entity, including, but not limited to, any Trinhcuisine.com
officials, forum leaders, guides or hosts or falsely stating or otherwise
misrepresenting any affiliation with an individual or entity;
·
forging captions,
headings or titles or otherwise offering any content that you personally have
no right to pursuant to any law nor having any contractual or fiduciary
relationship with;
·
uploading, posting,
emailing, transmitting or otherwise offering any such content that may infringe
upon any patent, copyright, trademark, or any other proprietary or intellectual
rights of any other party;
·
uploading, posting,
emailing, transmitting or otherwise offering any content that you do not
personally have any right to offer pursuant to any law or in accordance with
any contractual or fiduciary relationship;
·
uploading, posting,
emailing, transmitting, or otherwise offering any unsolicited or unauthorized
advertising, promotional flyers, "junk mail," "spam," or
any other form of solicitation, except in any such areas that may have been
designated for such purpose;
·
uploading, posting,
emailing, transmitting, or otherwise offering any source that may contain a
software virus or other computer code, any files and/or programs which have
been designed to interfere, destroy and/or limit the operation of any computer
software, hardware, or telecommunication equipment;
·
disrupting the normal
flow of communication, or otherwise acting in any manner that would negatively
affect other users' ability to participate in any real time interactions;
·
interfering with or
disrupting any Services, servers and/or networks that may be connected or
related to our website, including, but not limited to, the use of any device
software and/or routine to bypass the robot exclusion headers;
·
intentionally or
unintentionally violating any local, state, federal, national or international
law, including, but not limited to, rules, guidelines, and/or regulations
decreed by the U.S. Securities and Exchange Commission, in addition to any
rules of any nation or other securities exchange, that would include without
limitation, the New York Stock Exchange, the American Stock Exchange, or the
NASDAQ, and any regulations having the force of law;
·
providing
informational support or resources, concealing and/or disguising the character,
location, and or source to any organization delegated by the United States
government as a "foreign terrorist organization" in accordance to
Section 219 of the Immigration Nationality Act;
·
"stalking"
or with the intent to otherwise harass another individual; and/or
·
collecting or storing
of any personal data relating to any other member or user in connection with
the prohibited conduct and/or activities which have been set forth in the
aforementioned paragraphs.
herein
reserves the right to pre-screen, refuse and/or delete any content currently
available through our Services. In addition, we reserve the right to remove
and/or delete any such content that would violate the TOS or which would
otherwise be considered offensive to other visitors, users and/or members.
herein
reserves the right to access, preserve and/or disclose member account
information and/or content if it is requested to do so by law or in good faith
belief that any such action is deemed reasonably necessary for:
·
compliance with any
legal process;
·
enforcement of the
TOS;
·
responding to any
claim that therein contained content is in violation of the rights of any third
party;
·
responding to requests
for customer service; or
·
protecting the rights,
property or the personal safety of , its visitors, users and members, including
the general public.
herein
reserves the right to include the use of security components that may permit
digital information or material to be protected, and that such use of
information and/or material is subject to usage guidelines and regulations
established by or any other content providers supplying content services to .
You are hereby prohibited from making any attempt to override or circumvent any
of the embedded usage rules in our Services. Furthermore, unauthorized
reproduction, publication, distribution, or exhibition of any information or
materials supplied by our Services, despite whether done so in whole or in
part, is expressly prohibited.
INTERSTATE COMMUNICATION
Upon
registration, you hereby acknowledge that by using Trinhcuisine.com to send
electronic communications, which would include, but are not limited to, email,
searches, instant messages, uploading of files, photos and/or videos, you will
be causing communications to be sent through our computer network. Therefore,
through your use, and thus your agreement with this TOS, you are acknowledging
that the use of this Service shall result in interstate transmissions.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT
COMPLIANCE
Due
to the global nature of the internet, through the use of our network you hereby
agree to comply with all local rules relating to online conduct and that which
is considered acceptable Content. Uploading, posting and/or transferring of
software, technology and other technical data may be subject to the export and
import laws of the United States and possibly other countries. Through the use
of our network, you thus agree to comply with all applicable export and import
laws, statutes and regulations, including, but not limited to, the Export
Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html),
as well as the sanctions control program of the United States
(http://www.treasury.gov/resourcecenter/sanctions/Programs/Pages/Programs.aspx).
Furthermore, you state and pledge that you:
·
are not on the list of
prohibited individuals which may be identified on any government export
exclusion report
(http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member
of any other government which may be part of an export-prohibited country
identified in applicable export and import laws and regulations;
·
agree not to transfer
any software, technology or any other technical data through the use of our
network Services to any export-prohibited country;
·
agree not to use our
website network Services for any military, nuclear, missile, chemical or
biological weaponry end uses that would be a violation of the U.S. export laws;
and
·
agree not to post,
transfer nor upload any software, technology or any other technical data which
would be in violation of the U.S. or other applicable export and/or import
laws.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY
SERVICES
shall
not lay claim to ownership of any content submitted by any visitor, member, or
user, nor make such content available for inclusion on our website Services.
Therefore, you hereby grant and allow for the below listed worldwide,
royalty-free and non-exclusive licenses, as applicable:
·
The content submitted
or made available for inclusion on the publicly accessible areas of 's sites,
the license provided to permit to use, distribute, reproduce, modify, adapt,
publicly perform and/or publicly display said Content on our network Services
is for the sole purpose of providing and promoting the specific area to which
this content was placed and/or made available for viewing. This license shall
be available so long as you are a member of 's sites, and shall terminate at
such time when you elect to discontinue your membership.
·
Photos, audio, video
and/or graphics submitted or made available for inclusion on the publicly
accessible areas of 's sites, the license provided to permit to use,
distribute, reproduce, modify, adapt, publicly perform and/or publicly display
said Content on our network Services are for the sole purpose of providing and
promoting the specific area in which this content was placed and/or made
available for viewing. This license shall be available so long as you are a
member of 's sites and shall terminate at such time when you elect to
discontinue your membership.
·
For any other content
submitted or made available for inclusion on the publicly accessible areas of
's sites, the continuous, binding and completely sub-licensable license which
is meant to permit to use, distribute, reproduce, modify, adapt, publish,
translate, publicly perform and/or publicly display said content, whether in
whole or in part, and the incorporation of any such Content into other works in
any arrangement or medium current used or later developed.
Those
areas which may be deemed "publicly accessible" areas of 's sites are
those such areas of our network properties which are meant to be available to
the general public, and which would include message boards and groups that are
openly available to both users and members. However, those areas which are not
open to the public, and thus available to members only, would include our mail
system and instant messaging.
CONTRIBUTIONS TO COMPANY WEBSITE
provides
an area for our users and members to contribute feedback to our website. When
you submit ideas, documents, suggestions and/or proposals
("Contributions") to our site, you acknowledge and agree that:
·
your contributions do
not contain any type of confidential or proprietary information;
·
Trinhcuisine.com shall
not be liable or under any obligation to ensure or maintain confidentiality,
expressed or implied, related to any Contributions;
·
Trinhcuisine.com shall
be entitled to make use of and/or disclose any such Contributions in any such
manner as they may see fit;
·
the contributor's
Contributions shall automatically become the sole property of Trinhcuisine.com;
and
·
Trinhcuisine.com is
under no obligation to either compensate or provide any form of reimbursement
in any manner or nature.
INDEMNITY
All
users and/or members herein agree to insure and hold , our subsidiaries,
affiliates, agents, employees, officers, partners and/or licensors blameless or
not liable for any claim or demand, which may include, but is not limited to,
reasonable attorney fees made by any third party which may arise from any
content a member or user of our site may submit, post, modify, transmit or
otherwise make available through our Services, the use of Trinhcuisine.com
Services or your connection with these Services, your violations of the Terms
of Service and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The
member or user herein agrees not to replicate, duplicate, copy, trade, sell,
resell nor exploit for any commercial reason any part, use of, or access to Trinhcuisine.com's
sites.
USE AND STORAGE GENERAL PRACTICES
You
herein acknowledge that may set up any such practices and/or limits regarding
the use of our Services, without limitation of the maximum number of days that
any email, message posting or any other uploaded content shall be retained by ,
nor the maximum number of email messages that may be sent and/or received by
any member, the maximum volume or size of any email message that may be sent
from or may be received by an account on our Service, the maximum disk space
allowable that shall be allocated on 's servers on the member's behalf, and/or
the maximum number of times and/or duration that any member may access our
Services in a given period of time. In addition, you also agree that has
absolutely no responsibility or liability for the removal or failure to
maintain storage of any messages and/or other communications or content
maintained or transmitted by our Services. You also herein acknowledge that we
reserve the right to delete or remove any account that is no longer active for
an extended period of time. Furthermore, shall reserve the right to modify,
alter and/or update these general practices and limits at our discretion.
Any
messenger service, which may include any web-based versions, shall allow you
and the individuals with whom you communicate with the ability to save your
conversations in your account located on 's servers. In this manner, you will
be able to access and search your message history from any computer with
internet access. You also acknowledge that others have the option to use and
save conversations with you in their own personal account on Trinhcuisine.com.
It is your agreement to this TOS which establishes your consent to allow to
store any and all communications on its servers.
MODIFICATIONS
shall
reserve the right at any time it may deem fit, to modify, alter and or
discontinue, whether temporarily or permanently, our service, or any part
thereof, with or without prior notice. In addition, we shall not be held liable
to you or to any third party for any such alteration, modification, suspension
and/or discontinuance of our Services, or any part thereof.
TERMINATION
As
a member of Trinhcuisine.com, you may cancel or terminate your account, associated
email address and/or access to our Services by submitting a cancellation or
termination request to [email protected]
As
a member, you agree that may, without any prior written notice, immediately
suspend, terminate, discontinue and/or limit your account, any email associated
with your account, and access to any of our Services. The cause for such
termination, discontinuance, suspension and/or limitation of access shall
include, but is not limited to:
·
any breach or
violation of our TOS or any other incorporated agreement, regulation and/or
guideline;
·
by way of requests
from law enforcement or any other governmental agencies;
·
the discontinuance,
alteration and/or material modification to our Services, or any part thereof;
·
unexpected technical
or security issues and/or problems;
· &nb
Our foods are delicious. Do not forget to make a reservation.