Terms and Conditions
Last updated: June 21, 2016
Welcome to Trinzilla.com. Trinzilla Services LLC and/or its affiliates (“Trinzilla “) provide website features and other products and services to you when you visit or shop at Trinzilla .com, use Trinzilla products or services, use Trinzilla applications for mobile, or use software provided by Trinzilla in connection with any of the foregoing (collectively, “Trinzilla Services”). Trinzilla provides the Trinzilla Services subject to the following conditions.
By using Trinzilla Services, you agree to these conditions. Please read them carefully.
We offer a wide range of Trinzilla Services, and sometimes additional terms may apply. When you use an Trinzilla Service (for example, Your Profile, Gift Cards, Trinzilla Video, Your Media Library, or Trinzilla applications for mobile) you also will be subject to the guidelines, terms and agreements applicable to that Trinzilla Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
PRIVACY
Please review our Privacy Notice, which also governs your use of Trinzilla Services, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you use any Trinzilla Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Trinzilla Services, such as our Message Center, and you can retain copies of these communications for your records. 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.
COPYRIGHT
All content included in or made available through any Trinzilla Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Trinzilla or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Trinzilla Service is the exclusive property of Trinzilla and protected by U.S. and international copyright laws.
TRADEMARKS
Click here to see a non-exhaustive list of Trinzilla trademarks. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Trinzilla Service are trademarks or trade dress of Trinzilla in the U.S. and other countries. Trinzilla ‘s trademarks and trade dress may not be used in connection with any product or service that is not Trinzilla ‘s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Trinzilla . All other trademarks not owned by Trinzilla that appear in any Trinzilla Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Trinzilla .
PATENTS
One or more patents owned by Trinzilla apply to the Trinzilla Services and to the features and services accessible via the Trinzilla Services. Portions of the Trinzilla Services operate under license of one or more patents. Click here to see a non-exhaustive list of applicable Trinzilla patents and applicable licensed patents.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, Trinzilla or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Trinzilla Services. This license does not include any resale or commercial use of any Trinzilla Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Trinzilla Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Trinzilla or its licensors, suppliers, publishers, rightsholders, or other content providers. No Trinzilla Service, nor any part of any Trinzilla Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Trinzilla . You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Trinzilla without express written consent. You may not use any meta tags or any other “hidden text” utilizing Trinzilla ‘s name or trademarks without the express written consent of Trinzilla . You may not misuse the Trinzilla Services. You may use the Trinzilla Services only as permitted by law. The licenses granted by Trinzilla terminate if you do not comply with these Conditions of Use or any Service Terms.
YOUR ACCOUNT
If you use any Trinzilla Service, 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. Trinzilla does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Trinzilla Services only with involvement of a parent or guardian. Alcohol listings on Trinzilla are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. Trinzilla reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Trinzilla reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Trinzilla a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Trinzilla and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Trinzilla for all claims resulting from content you supply. Trinzilla has the right but not the obligation to monitor and edit or remove any activity or content. Trinzilla takes no responsibility and assumes no liability for any content posted by you or any third party.
COPYRIGHT COMPLAINTS
Trinzilla respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement
RISK OF LOSS
All items purchased from Trinzilla are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
Trinzilla does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Trinzilla does not take title to the refunded item. For more information about our returns and refunds, please see our Returns Center
PRODUCT DESCRIPTIONS
Trinzilla attempts to be as accurate as possible. However, Trinzilla does not warrant that product descriptions or other content of any Trinzilla Service is accurate, complete, reliable, current, or error-free. If a product offered by Trinzilla itself is not as described, your sole remedy is to return it in unused condition.
PRICING
“List Price” means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on Trinzilla and other retailers. Certain products may have a “Was Price” displayed, which is determined using recent price history of the product on Trinzilla .
With respect to items sold by Trinzilla , we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Trinzilla is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
APP PERMISSIONS
When you use apps created by Trinzilla , such as the Trinzilla App, Trinzilla Shopping App, or Trinzilla Kindle App, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions. To learn more about these permissions, click here.
TRINZILLA SOFTWARE TERMS
In addition to these Conditions of Use, the terms found here apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with Trinzilla Services (the “Trinzilla Software”).
OTHER BUSINESSES
Parties other than Trinzilla operate stores, provide services, or sell product lines through the Trinzilla Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Trinzilla does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE TRINZILLA SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE TRINZILLA SERVICES ARE PROVIDED BY TRINZILLA ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. TRINZILLA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE TRINZILLA SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE TRINZILLA SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE TRINZILLA SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TRINZILLA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TRINZILLA DOES NOT WARRANT THAT THE TRINZILLA SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE TRINZILLA SERVICES, TRINZILLA ‘S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM TRINZILLA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TRINZILLA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY TRINZILLA SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY TRINZILLA SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
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.
DISPUTES
Any dispute or claim relating in any way to your use of any Trinzilla Service, or to any products or services sold or distributed by Trinzilla or through Trinzilla .com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company, 300 Deschutes Way SW, Suite 304, Tumwater, WA 98501. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Trinzilla will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
APPLICABLE LAW
By using any Trinzilla Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Trinzilla .
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your use of Trinzilla Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
