Terms and Conditions
Agreement between User and https://trinbagopeppersauce.squarespace.com/
Welcome to https://trinbagopeppersauce.squarespace.com/. The
https://trinbagopeppersauce.squarespace.com/ website (the "Site") is comprised of various web
pages operated by Trinbago Pepper Sauce ("TPS").
https://trinbagopeppersauce.squarespace.com/ is offered to you conditioned on your acceptance
without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use
of https://trinbagopeppersauce.squarespace.com/ constitutes your agreement to all such Terms.
Please read these terms carefully, and keep a copy of them for your reference.
https://trinbagopeppersauce.squarespace.com/ is an E-Commerce Site.
We manufacture Trinbago Pepper Sauce to sell to customers in store and online. We have an 8oz
and 12oz bottle. We will also be selling merchandise like t-shirts and hats as well.
Privacy
Your use of https://trinbagopeppersauce.squarespace.com/ is subject to TPS's Privacy Policy.
Please review our Privacy Policy, which also governs the Site and informs users of our data
collection practices.
Electronic Communications
Visiting https://trinbagopeppersauce.squarespace.com/ or sending emails to TPS constitutes
electronic communications. You consent to receive electronic communications and you agree that
all agreements, notices, disclosures and other communications that we provide to you
electronically, via email and on the Site, satisfy any legal requirement that such communications be
in writing.
Your Account
If you use this 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. You may not assign or otherwise transfer
your account to any other person or entity. You acknowledge that TPS is not responsible for third
party access to your account that results from theft or misappropriation of your account. TPS and
its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit
content in our sole discretion.
Children Under Thirteen
TPS does not knowingly collect, either online or offline, personal information from persons under
the age of thirteen. If you are under 18, you may use
https://trinbagopeppersauce.squarespace.com/ only with permission of a parent or guardian.
Cancellation/Refund Policy
If you’ve received a damaged or defective item, we’ll be happy to exchange the item for a new one if you’ve returned the item within 30 days of recieving the item.
A link has been provided on our “Returns” page which will allow you to create a return shipping label for damaged or unwanted items.
We only replace items if they are defective or damaged. If you require an exchange for the same item, send us an email at trinbagopeppersauce@gmail.com and send your item to: 200 E Berry St. STE B-50, Fort Wayne, IN 46802
Please email trinbagopeppersauce@gmail.com if you have any questions.
Links to Third Party Sites/Third Party Services
https://trinbagopeppersauce.squarespace.com/ may contain links to other websites ("Linked
Sites"). The Linked Sites are not under the control of TPS and TPS is not responsible for the
contents of any Linked Site, including without limitation any link contained in a Linked Site, or any
changes or updates to a Linked Site. TPS is providing these links to you only as a convenience,
and the inclusion of any link does not imply endorsement by TPS of the site or any association with
its operators.
Certain services made available via https://trinbagopeppersauce.squarespace.com/ are delivered
by third party sites and organizations. By using any product, service or functionality originating
from the https://trinbagopeppersauce.squarespace.com/ domain, you hereby acknowledge and
consent that TPS may share such information and data with any third party with whom TPS has a
contractual relationship to provide the requested product, service or functionality on behalf of
https://trinbagopeppersauce.squarespace.com/ users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
https://trinbagopeppersauce.squarespace.com/ strictly in accordance with these terms of use. As a
condition of your use of the Site, you warrant to TPS that you will not use the Site for any purpose
that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could
damage, disable, overburden, or impair the Site or interfere with any other party's use and
enjoyment of the Site. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of TPS or its suppliers and
protected by copyright and other laws that protect intellectual property and proprietary rights. You
agree to observe and abide by all copyright and other proprietary notices, legends or other
restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
TPS content is not for resale. Your use of the Site does not entitle you to make any unauthorized
use of any protected content, and in particular you will not delete or alter any proprietary rights or
attribution notices in any content. You will use protected content solely for your personal use, and
will make no other use of the content without the express written permission of TPS and the
copyright owner. You agree that you do not acquire any ownership rights in any protected content.
We do not grant you any licenses, express or implied, to the intellectual property of TPS or our
licensors except as expressly authorized by these Terms.
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Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities,
personal web pages, calendars, and/or other message or communication facilities designed to
enable you to communicate with the public at large or with a group (collectively, "Communication
Services"). You agree to use the Communication Services only to post, send and receive messages
and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service,
you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as
rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material
or information; upload files that contain software or other material protected by intellectual
property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or
have received all necessary consents; upload files that contain viruses, corrupted files, or any other
similar software or programs that may damage the operation of another's computer; advertise or
offer to sell or buy any goods or services for any business purpose, unless such Communication
Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes
or chain letters; download any file posted by another user of a Communication Service that you
know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete
any author attributions, legal or other proper notices or proprietary designations or labels of the
origin or source of software or other material contained in a file that is uploaded; restrict or inhibit
any other user from using and enjoying the Communication Services; violate any code of conduct
or other guidelines which may be applicable for any particular Communication Service; harvest or
otherwise collect information about others, including e-mail addresses, without their consent;
violate any applicable laws or regulations.
TPS has no obligation to monitor the Communication Services. However, TPS reserves the right
to review materials posted to a Communication Service and to remove any materials in its sole
discretion. TPS reserves the right to terminate your access to any or all of the Communication
Services at any time without notice for any reason whatsoever.
TPS reserves the right at all times to disclose any information as necessary to satisfy any applicable
law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any
information or materials, in whole or in part, in TPS's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your
children in any Communication Service. TPS does not control or endorse the content, messages or
information found in any Communication Service and, therefore, TPS specifically disclaims any
liability with regard to the Communication Services and any actions resulting from your
participation in any Communication Service. Managers and hosts are not authorized TPS
spokespersons, and their views do not necessarily reflect those of TPS.
Materials uploaded to a Communication Service may be subject to posted limitations on usage,
reproduction and/or dissemination. You are responsible for adhering to such limitations if you
upload the materials.
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Materials Provided to https://trinbagopeppersauce.squarespace.com/ or Posted on Any
TPS Web Page
TPS does not claim ownership of the materials you provide to
https://trinbagopeppersauce.squarespace.com/ (including feedback and suggestions) or post,
upload, input or submit to any TPS Site or our associated services (collectively "Submissions").
However, by posting, uploading, inputting, providing or submitting your Submission you are
granting TPS, our affiliated companies and necessary sublicensees permission to use your
Submission in connection with the operation of their Internet businesses including, without
limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce,
edit, translate and reformat your Submission; and to publish your name in connection with your
Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. TPS
is under no obligation to post or use any Submission you may provide and may remove any
Submission at any time in TPS's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and
represent that you own or otherwise control all of the rights to your Submission as described in this
section including, without limitation, all the rights necessary for you to provide, post, upload, input
or submit the Submissions.
Third Party Accounts
You will be able to connect your TPS account to third party accounts. By connecting your TPS
account to your third party account, you acknowledge and agree that you are consenting to the
continuous release of information about you to others (in accordance with your privacy settings on
those third party sites). If you do not want information about you to be shared in this manner, do
not use this feature.
International Users
The Service is controlled, operated and administered by TPS from our offices within the USA. If
you access the Service from a location outside the USA, you are responsible for compliance with
all local laws. You agree that you will not use the TPS Content accessed through
https://trinbagopeppersauce.squarespace.com/ in any country or in any manner prohibited by any
applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless TPS, its officers, directors, employees, agents
and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's
fees) relating to or arising out of your use of or inability to use the Site or services, any user
postings made by you, your violation of any terms of this Agreement or your violation of any rights
of a third party, or your violation of any applicable laws, rules or regulations. TPS reserves the
right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject
to indemnification by you, in which event you will fully cooperate with TPS in asserting any
available defenses.
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Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or
concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or
otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved
only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single
neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration
service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's
award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the
event that any legal or equitable action, proceeding or arbitration arises out of or concerns these
Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable
attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and
Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or
indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree
that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The
entire dispute, including the scope and enforceability of this arbitration provision shall be
determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms
and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class
arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH
AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE
OTHER. Further, unless both you and TPS agree otherwise, the arbitrator may not consolidate
more than one person's claims, and may not otherwise preside over any form of a representative
or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. TRINBAGO PEPPER SAUCE AND/OR ITS SUPPLIERS MAY
MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
TRINBAGO PEPPER SAUCE AND/OR ITS SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY
PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL
SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF
ANY KIND. TRINBAGO PEPPER SAUCE AND/OR ITS SUPPLIERS HEREBY
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DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL TRINBAGO PEPPER SAUCE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF
OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE,
WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF
THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF TRINBAGO PEPPER SAUCE OR ANY OF ITS
SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED
WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
TPS reserves the right, in its sole discretion, to terminate your access to the Site and the related
services or any portion thereof at any time, without notice. To the maximum extent permitted by
law, this agreement is governed by the laws of the State of Indiana and you hereby consent to the
exclusive jurisdiction and venue of courts in Indiana in all disputes arising out of or relating to the
use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all
provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between
you and TPS as a result of this agreement or use of the Site. TPS's performance of this agreement
is subject to existing laws and legal process, and nothing contained in this agreement is in
derogation of TPS's right to comply with governmental, court and law enforcement requests or
requirements relating to your use of the Site or information provided to or gathered by TPS with
respect to such use. If any part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable provision will be deemed superseded
by a valid, enforceable provision that most closely matches the intent of the original provision and
the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user
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and TPS with respect to the Site and it supersedes all prior or contemporaneous communications
and proposals, whether electronic, oral or written, between the user and TPS with respect to the
Site. A printed version of this agreement and of any notice given in electronic form shall be
admissible in judicial or administrative proceedings based upon or relating to this agreement to the
same extent and subject to the same conditions as other business documents and records originally
generated and maintained in printed form. It is the express wish to the parties that this agreement
and all related documents be written in English.
Changes to Terms
TPS reserves the right, in its sole discretion, to change the Terms under which
https://trinbagopeppersauce.squarespace.com/ is offered. The most current version of the Terms
will supersede all previous versions. TPS encourages you to periodically review the Terms to stay
informed of our updates.
Contact Us
TPS welcomes your questions or comments regarding the Terms:
Trinbago Pepper Sauce
200 E Berry St STE B-50
Fort Wayne, Indiana 46802
Email Address:
trinbagopeppersauce@gmail.com
Telephone number:
12604416757
Effective as of October 27, 2020