Return Policy
There are no refunds for orders.
Terms of Use
Effective 2/1/2022
This agreement (“Agreement”) is entered into between TREC Corporation. d/b/a Trec2go®(“Us”, “We” or “Our”) and you (“You” or “Your”). In order to use the service (“Site”), You must accept the terms and conditions stated below.
Depending on how you are interacting with TREC or using products or services that TREC provides, certain sections of these Terms of Use will apply to you.
1. Description of the Site. The Site is a publicly accessible website or application directory of information for consumers looking to order products or services on the go. Which enables you as the consumer to access different products and services which people have placed on the site. For the user, which enables You to access information and functions including online classifieds, forums and various email services (“Services”). In order to access or utilize certain aspects of the Site, You may be required to establish and maintain a valid user account (“User Account”) with Us. We offer various levels of User Accounts, which provide varying degrees of access and functionality. Additional information regarding the User Accounts may be found here.
2. Acceptance of Terms.
a. Your Acceptance of These Terms. You agree that this Agreement forms a legally binding agreement between You and Us relating to Your ability to use the Site. By: (i) checking the Accept box at the end of this Agreement; or (ii) using the Site, You agree to all of the terms and conditions set forth in this Agreement. You agree to use the Site only for lawful purposes permitted under this Agreement and in accordance with applicable law in Your relevant jurisdiction. If You do not agree to all of the terms and conditions, You may not use the Site. You may not access the Site if You are barred or restricted from accessing the Site under the laws of any country in which You are a resident or from which You access the Site.
b. Other Agreements. You agree that other agreements (“Other Agreements”) are part of this Agreement, and that they are binding on You and Us as if they were included word for word in this Agreement. Such Other Agreements include, but are not limited to the Privacy Policy. By checking the Accept box at the end of this Agreement or using the Site, You agree to all of the terms and conditions set forth in each of the Other Agreements. If You do not agree to all of these terms and conditions, You may not use the Site. The terms of such Other Agreements shall, whenever possible, be construed so as to be consistent with the terms in this Agreement. In the event of any conflict between this Agreement and any Other Agreement, the terms of the Other Agreement shall control, but only to the extent expressly provided in the Other Agreement. By downloading this application, the user agrees that they are creating a direct relationship with the merchant as Trec2go is the advertising platform and any arrangement created on the app is between the user, the customer, and the merchant.
c. Age Requirement. By using this Site, You certify that You are at least 18 years of age. If You are between 13 and 18 years of age, Your parent or legal guardian must accept the terms of this Agreement and agree to be bound by this Agreement. If You are accepting this Agreement on behalf of someone between 13 and 18 years of age, You understand and agree that You, as the parent or legal guardian, are fully responsible for such a person's actions, including, without limitation, all legal liability and financial obligations such person may incur.
3. Your Right to Use the Site.
a. Access to the Site. Subject to the terms set forth in this Agreement, We grant to You a limited, non-exclusive, non-transferable, and terminable license to use the Site.
b. Proprietary Rights. You acknowledge and agree that the Site contains proprietary Services and confidential information that belongs to Us or Our licensors. You agree that laws protect the Services and confidential information, including, but not limited to, laws relating to patents, copyrights, trademarks, trade secrets, other proprietary and intellectual property rights, unfair competition, and privacy (collectively, “Proprietary Rights”).
c. You are entirely responsible for Your Content. We do not control all Content available through the Site nor do We have any obligation to review, refuse, or remove any Content available through the Site. It is Your responsibility for providing the Web App and Mobile App with Your pricing for inventory items, Your “Terms and Conditions”, Your “Return Policy”, Your “Privacy Policy” and Your own “About Us” Page information. We do, however, reserve the right to remove any Content from the Site at any time in Our sole discretion for any reason.
d. Accurate Information. You agree to provide accurate, current and complete information concerning Your account and to use reasonable efforts to maintain and promptly update the information to keep it accurate, current, and complete. You agree that if You provide information that is intentionally inaccurate, not current or incomplete in a material way, or We have reasonable grounds to believe that such information is untrue, inaccurate, not current or complete in a material way, We have the right to suspend or terminate Your use of the Site, any portion thereof, or any products, services, or other benefits You receive from Us relating to the Site.
e.Three changes per month are included within the first 90 days with your app and website setup. Then thereafter a $25 service fee for each change will be charged and deducted from your account via ACH.
f. Privacy Policy. As a condition to using the Site, You agree to the terms of Our Privacy Policy. Information collected about You by the Site is subject to the Privacy Policy, which may be updated from time to time without notice to You. You understand and agree that We may, without notice to You, access, preserve, and disclose information about You or that You have provided if required to do so by law, or if, in Our judgment such disclosure is reasonably necessary to:
(i) Comply with Your requests for assistance with the Site; (ii) comply with legal process; or (iii) address claims from third parties that You have violated their rights.
4. Payments and Taxes. You authorize Us to bill the ACH account for the services You provide to Us for all applicable fees. Our list of authorized payment sources (and additional details relating to payments) may be found here [.5] . If Your payment source is declined at any time (including, but not limited to situations where We seek authorizations or charge attempts), We may make up to two (2) attempts to reprocess Your payment source. We reserve the right to charge interest on all of Your past due accounts. Interest shall accrue at the rate of one and one-half percent per month or the highest maximum rate permitted by law, whichever is less, from the date such payment was due until fully satisfied. We reserve the right to suspend or cancel Your User Account. You are responsible for all of Our reasonable expenses (including attorneys’ fees) incurred by Us relating to collection activities associated with Your past due accounts. You are responsible for all taxes associated with Your use of the Site. If We are required to collect or pay any taxes relating to Your use of the Site, You will be charged for all such taxes. If You are tax exempt, You must provide Use with a valid tax exempt certificate authorized by the appropriate taxing authority.
5. Your Obligations Concerning Behavior.
a. No Reverse Engineering. You understand and agree that the rights granted to You are provided on the condition that You do not (and do not allow any third party to) copy, modify, create derivative works of; reverse engineer, reverse assemble, disassemble, decompile, publicly display, retransmit, publicly sell, lease, or transfer the Site or any part thereof or likewise attempt to discover any source code, modify the Site in any manner or form, or use unauthorized modified versions of the Site, including (without limitation) for the purpose of building a similar or competitive product or Site or for the purpose of obtaining unauthorized access to the Site. You agree not to access the Site by any means other than the interfaces that We provide to You. You are expressly prohibited from sublicensing Your right to use the Site to any third party or from permitting any Person other than You to use the Site under Your User Account.
Notwithstanding any other provision hereof, the agreement may be terminated by TREC with or without cause or reason and with or without notice. Termination by TREC shall result in termination of all services. Merchant agrees that it has full ownership rights to any Copyrights, Trademarks, and any Intellectual Property submitted to TREC for the purposes of advertising their products and services through the Trec's advertising platform and merchant agrees that any initial submitted Intellectual Property to TREC and any Intellectual Property uploaded directly by merchant to the TREC advertising platform is under its full ownership and authority to do so and merchant shall be responsible for any and all damages and or legal fees related to the Intellectual Property submitted. Merchant shall only post or submit items and services that abide by all Local, State, and Federal laws.
b. Unacceptable Material. You agree that You will not email, upload, post, distribute, display, or otherwise make available or transmit to, on, through, or in anyway in connection with the Site:
i. any data, text message, image, video, audio, file, or other material that an ordinary person would or that We deem to be: (1) defamatory, abusive, hateful, harassing, threatening, or stalking; (2) indecent, obscene, pornographic, profane, racist, sexually explicit, or ethnically or culturally offensive; (3) in support of or encouraging violence, hatred, terrorism, or illegal acts or the containing discussion of any illegal acts with an intent to commit them; (4) otherwise objectionable at Our sole discretion; and (5) not suitable for persons under the age of 18;
ii. any data, text message, image, video, audio, file, or other material that violates, dilutes, plagiarizes, misappropriates, or infringes the rights of any third-party including, without limitation, copyright, patent, trademark, trade secret, confidentiality obligation, a right of privacy or publicity, or any other proprietary right;
iii. any person’s personal information without that person’s express consent;
iv. any data, text message, image, video, audio, file, or other material that contains a virus, spyware, time bomb, worms, “Trojan horse,” bot, any automated use of the system (e.g. scripts) that performs actions without the consent of the user, or other harmful component;
v. any unauthorized advertisements, promotional materials, chain letters, pyramid schemes, petitions, or other solicitations of any kind; or
vi. any content or material that violates the Privacy Policy or this Agreement, or the law, of any applicable jurisdiction.
c. Unacceptable Behavior. You also agree not to, in anyway, in connection with the Site:
i. impersonate any person or entity or falsely state or otherwise misrepresent Your identity or affiliation with any person or entity, or misrepresent any third-party’s identity or affiliation with any person or entity;
ii. engage in any illegal, disruptive, or destructive acts including, without limitation, “trolling,” “flaming,” “flooding,” or “spamming” (such terms have common meanings within the context of the internet), or cause any unnecessary network usage or violate any service provider’s, or carrier’s terms of service;
iii. solicit or collect personal data including telephone numbers, addresses, last names, or email addresses of other users;
iv. perform any action that impermissibly results in charges or has an impact on any other user, service provider, or carrier; and
v. provide any link to or web address of a website that contains material that would violate the terms of this Agreement;
vi. access the site or collect user information "using automated means (such as harvesting bots, robots, spiders, or scrapers)."
d. Content Provided by You. You understand and agree that You relinquish all right, title, and interest in all information, postings, materials, contributions, likenesses, ratings, reviews, media, and any other content posted or provided by You on the Site relating to the Services, Site, or anything related thereto, You have no expectation of any ownership interest therein, and that We may use the aforementioned for any purpose without your consent.
e. Your Interactions. You are entirely responsible for your interactions with individuals, organizations, and third-parties through the Site are solely between You and such individuals, organizations, and third-parties. You understand and agree that: (i) We are not responsible or liable for any injury, loss, or damage You incur as a result of any of Your interactions; and (ii) We will not become involved in the event of a dispute between You any and any other individual, organization, or third-party.
f. Sites and Applications may allow you to rate and post reviews of businesses. Such Ratings and Reviews are considered User Content and are governed by the terms and conditions of this Agreement, including, without limitation, your agreement regarding your use of Interactive Areas and the Sites' standards of conduct. Ratings and Reviews are not endorsed by TREC, and do not represent the views of TREC or of any affiliate or partner of TREC. TREC does not assume liability for Ratings and Reviews or for any claims, liabilities, or losses resulting from any Ratings and Reviews. We strive to maintain a high level of integrity with our Ratings and Reviews and other User Content. Therefore, all Ratings and Reviews must comply with the following criteria: (1) before posting a Rating or Review, you must have had first-hand experience with the restaurant within the 7-day period prior to your review; (2) you may not have a proprietary or other affiliation with either the restaurant or any of its competitors; (3) you may not draw any legal conclusions regarding the restaurants' products, services, or conduct; and (4) your review must otherwise comply with the terms of this Agreement. Any Rating and/or Review that we determine, in our sole discretion, could diminish the integrity of Ratings and Reviews, the Materials and/or the Sites may be removed or excluded by us without notice.
g. Some jurisdictions permit the ordering and delivery of alcoholic beverages. In such jurisdictions, if you place an order that includes any alcoholic beverage, you represent and warrant that you are at least 21 years of age. Upon delivery or pickup, as applicable, you shall present a government-issued identification card, evidencing your age, consistent with applicable legal requirements. If you do not comply with these terms, you agree that the alcoholic beverage(s) will not be released to you, and you may forfeit the cost of such beverages.
h. TREC reserves all rights and may use its own discretion at any time without notice to the merchant if TREC deems any content that TREC does not feel appropriate or acceptable content, TREC may remove Said content.
a. You understand and agree that you will provide to Us, and We may provide to You certain information, some of which may be considered to be “Confidential Information.” Confidential Information will remain the sole and exclusive property of the party disclosing the Confidential Information and may not be disclosed to any third-party without the prior written consent of the party disclosing the Confidential Information. We agree to protect Your Confidential Information in the same manner We protect the confidentiality of similar information and data of Our own, and at all times We will exercise no less than a reasonable degree of care. Similarly, You agree to protect Our Confidential Information in the same manner You protect the confidentiality of similar information and data of Your own, and at all times, You will exercise no less than a reasonable degree of care. Items will not be deemed to be Confidential Information: (i) if they are available to the public; (ii) if they are rightfully received from a third-party who is not in breach of any obligation of confidentiality to You or Us, as applicable; (iii) if they are independently developed by You or Us without use of the Confidential Information; (iv) if they are known to You or Us at the time they are disclosed (other than under a separate confidentiality obligation); or (v) if they are produced in compliance with applicable law or a court order, provided the other party is given reasonable notice of the same. The Site (including any ancillary goods or services) shall at all times be Our Confidential Information, including following any termination of this Agreement. We may use Your information (including Your Confidential Information): (a) to communicate with You; (b) to evaluate Your use of the Site, the Services You obtain via the Site, and any information You provide to Us; (c) to improve any products and services provided by or associated with the Site; and (d) in connection with any lawful purpose relating to the Site.
b. Disclosure of Certain Services. You authorize Us to send electronic and other transmissions (pursuant to any additional instructions that You may give to Us from time to time) of any current and future data that is loaded into the Site to those persons to whom You have authorized Us to disclose such data, provided such sending or transmitting of such data is, in Our discretion, commercially feasible.
7. Access and Security.
a. Your Responsibilities. You are responsible for: (i) certain aspects relating to the security of the Site, including, but not limited to Your access, user names, passwords, and the facilities You utilize to interact with the Site; (ii) all of Your activities that occur through or in connection with the Site; (iii) any act or omission by You relating to access to and use of the Site; and (iv) implementing security and other policies and procedures necessary to limit access to the Site, including, but not limited to, the maintenance of the confidentiality of all usernames and passwords. You agree to immediately notify Us of any attempted or actual unauthorized access or use of the Site and/or any other breaches of security. You acknowledge and agree that We will not be liable, directly or indirectly, for any acts or omissions by You, including any damages of any kind incurred as a result of Your acts or omissions. If You suspect or become aware of: (i) any loss of Your passwords; or (ii) any attempted or actual unauthorized access to Your accounts, You must immediately notify Us at info@trec2go.com.
b. Transmissions and Processing of Services. You understand that the technical processing and transmission of Your electronic communications is fundamentally necessary to Your use of the Site. You expressly consent to Our interception and storage of Your electronic communications and/or Your data. You understand that Your electronic communications will involve transmission over the Internet, and over various networks, only part of which may be owned and/or operated by Us. You understand that changes to Your electronic communications may occur in order to conform and adapt such data to the technical requirements of connecting networks and devices. You understand that electronic communications may be accessed by unauthorized parties when communicated across the Internet, network communications facilities, telephone, or other electronic means. You agree that We are not responsible for any electronic communication and/or Your data which are lost, altered, intercepted or stored without authorization during the transmission of any data whatsoever across networks not owned and/or operated by Us.
8. Suspensions.
a. Reasons for Suspension. We will not monitor any Content or any Services, however, We reserve the right to remove any Content or Services, and suspend any access to the Site, as We may determine in Our sole discretion. Circumstances under which We may remove or suspend any Services, Content, portions of the Site, or Your access to the Site include, but are not limited to, violation of the terms of this Agreement (including, but not limited to, the Other Agreements), overly or unsubstantiated defamatory, inflammatory or damaging comments, abuse of the Site, virus or malware concerns, notification of possible infringement of another’s rights, privacy concerns, compliance with laws and under circumstances when We are assisting law enforcement.
b. Modifications to the Site. You understand and agree that We reserve the right to modify, suspend or discontinue any part or all of the Site at anytime and that We will not be liable to You (or to any third-party) for doing so, even if such modifications make it more difficult or impossible for You to interact with the Site or any Services You have ordered, acquired or paid for.
c. Our Obligations. You understand and agree that We may, without notice to You, access, preserve, and disclose any information provided by You (including, but not limited to details relating to Your User Account) if required to do so by law, or if, in Our reasonable judgment, such is reasonably necessary to: (a) comply with Your requests for assistance with the Site; (b) comply with legal process; or (c) address claims from third parties that any of the Services You have acquired or Your Content (or portions thereof) violate their rights.
9. Termination of Your Account.
a. Termination by You. You may cancel Your use of the Site at any time by providing notice to Us.
b. Termination by Us. You understand and agree that We may immediately terminate Your right to use the Site without notice to You under certain circumstances, including:
i. breaches of this Agreement or Other Agreements;
ii. requests by law enforcement, government agencies or court order;
iii. security and technical issues or problems;
iv. non-payment of any fees owed by You; or
v. extended periods of inactivity.
c. Effects of Termination. You understand and agree that We will not be liable to You or any third party for any termination of Your right to use the Site. Upon termination, We may remove or delete any comments, reviews, ratings, or other information You have provided. We will have no further obligation to grant You any access to or use of the Site.
10. Links and Dealings with Outside Parties. We have no control over any links or other resources available to You via the Site. Your interaction with any third parties via the Site are solely between You and such parties. We are not responsible for the availability of such external resources, and do not endorse any content, advertising, products, or other materials on or available from such resources. We do not warrant any such third-party providers or any of their products or services. Any exchange of data or other interaction between You and a third-party provider, and any purchase or use by You of any product or service offered by such third-party provider, is solely between You and such third-party provider. You agree that We will not be liable, directly or indirectly for any loss or damage of any kind or nature arising out of or related to, or incurred in reliance upon, any such interactions, links, resources or content.
11.INDEMNITY.
11.1 Indemnified Claims.
Merchant will indemnify, defend and hold harmless TREC, its affiliates and respective directors, officers, employees and agents from and against any and all claims, damages, liabilities, causes of action, and losses (including reasonable attorney’s fees) (collectively, “Losses”) with respect to any third party claim arising out of or related to: (i) the negligence or willful misconduct of the Merchant or its employees or agents in their performance of this Agreement; (ii) any claims that, if true, would be a breach of any of the Merchants representations, warranties or covenants in this Agreement; or (iii) any claims that the Marks provided by the Merchants third party’s intellectual property rights . In addition, you will indemnify, defend and hold harmless the TREC from and against any and all Losses with respect to any third party claim arising out of or related to: (A) Merchant’s violation or alleged violation of any applicable Laws, rules or regulations; (B) Merchant’s failure to determine the applicable Sales Tax and other fees charged, (C) Merchant’s failure to apply correct sales tax rates, including those rates adjusted by TREC on Merchants behalf (D) Merchant’s failure to provide accurate descriptions of Items, products or services (E) Sales Tax, other fees, penalties, interest and other costs related to Merchants obligations.
11.2 Your Indemnification of Us. You will indemnify, defend, and hold Us harmless from and against all liabilities, damages, and costs (including, but not limited to, reasonable attorneys’ fees and all settlement costs) arising out of or related to a third party claim regarding: (i) Your (or anyone using Your User Account) infringement or misappropriation any Proprietary Rights; (ii) any of Your acts or omissions, including, but not limited to, Your misrepresentation of any information You provide to Us; (iii) anything arising out of or related to Your Content; or (iv) Your use of the Site in violation of this Agreement (including, but not limited to, Your breach of this Agreement). We reserve the right, at Your expense, to assume the defense (if applicable) and control of any matter relating to Us, and You shall provide reasonable assistance with respect to such claims. You will not settle any matter relating to Us without Our prior written consent.
12.1 Waiver of jury trial and covenant not to participate in a class action. Merchant hereby agrees not to elect a trial by jury of any issue triable of right by jury, and waives any right to trial by jury fully to the extent that any such right shall now or hereafter exist with regard to this agreement or any action, lawsuit, claim, counterclaim or other action relating to, or arising under this agreement and/or any transaction governed by this agreement. This waiver of right to trial by jury is given knowingly, voluntarily and intentionally by Merchant, and is intended to encompass each instance and each issue as to which the right to a trial by jury would otherwise be available. Bank is hereby authorized to file a copy of this paragraph in any proceeding as conclusive evidence of this waiver by Merchant. Merchant also covenants not to bring or participate in any class action against bank based upon any claims arising from this agreement. if a class proceeding is initiated against bank, Merchant may not join that proceeding or participate as a member of that class. If Merchant brings legal action against trec for any reason, Merchant shall commence the action within six (6) months of the date the error or the incident giving rise to such action occurred.
waiver. No delay or failure by either party to exercise any right under agreement and no partial or single exercise of that right shall constitute a waiver of that right or any other right, unless expressly provided for in agreement.
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