Terms of Service
By using trescanicasdesign.com and its related domains, services, information, web postings, products and tools (“Website”) you, the User, are agreeing to the following terms and principles. This terms of use agreement (“Agreement”) is effective immediately for all Users of the Website and is by and between you, the User, and tres canicas design, a Texas for profit company (“tcd”). Please read the Terms of Use carefully before you start to use the Website.
- Mission
“tcd” exists to help partners and/or partner schools make certain that the digital and/or marketing solution(s) provided creates a positive and successful environment for all parties and or stakeholders involved. We do this by designing, developing and implementing traditional marketing or digital solutions and helping them maximize their impact on the organization and it’s stakeholders.
- User Eligibility
Use of the Website is void where prohibited. Your use of the Website constitutes your representation that (1) all information you submitted in your registration is truthful and accurate: (2) that you will update your registration information when changes occur; (3) that you are at least 13 years of age; (4) that, if you are under the age of 18, you have the authorization of your legal guardian, and (5) that your use of the Website does not violate any state, federal, or other law which applies in your jurisdiction.
- SMS Policy
“tcd” uses SMS text messaging in two ways:
- SMS text messages are used to provide an additional layer of security when signing up or logging in with a phone number. When signing up with a phone number, users will receive a text message with a verification code. This verification code is used to confirm the phone number used by the user is correct. Once a phone number is confirmed, no further verification text messages will be sent to the user.
- SMS text messages are used to provide users with updates on partner specific events and occurrences. A user can choose to get partner related updates/alerts via e-mail, SMS text message, or both. A user can choose to unsubscribe a partners offerings at any time. Message frequency for partner specific alerts varies by partners and is at the discretion of stakeholders involved.
Message and data rates may apply to all SMS text messages.
Users can text HELP to the “tcd” short code XXXXX to receive help with SMS text messages sent by “tcd”.
Users can text STOP to the “tcd” short code XXXXX to opt-out of all future SMS text messages from “tcd.
Carriers are not liable for delayed or undelivered messages.
Our Privacy Policy can be found at: https://www.trescanicas.com/privacy-policy/
- Accessing the Website and User Consent
To access the Website or some of the resources it offers you will be asked to provide certain registration details, personal information, and payment card information. You agree that all information you provide to register with this Website, “tcd”, its service providers, partners, or affiliates, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy (“Consent”).
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time [in our sole discretion for any or no reason, including] if, in our opinion, you have violated any provision of these Terms of Use.
- User Consent to Share User’s Information with Service Providers
“tcd” uses third parties to assist us in operating our Website, conducting our business, or servicing you, so long as those parties agree to keep your information confidential.
Those trusted third-party partners may:
- Provide you and our partner and/or partner schools with various services
- Provide database maintenance and security
- Help us manage transactions
- Help us process and fulfill orders or requests
- Create an account on such third-party site to provide various services to you
- Allow a “single-sign-on” where after you log-in to “tcd” you will not have to log-in to our partner websites
By using this Website, the User consents to “tcd” sharing the User’s information with its service providers and their service providers. The User also consents to the single-sign-on as described above.
- User Contributions
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website. All User Contributions must comply with the Content Standards set out in these Terms of Use.
Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise any and all copyright, trademark, publicity, and database rights you have in the content, in any media known now or in the future.
You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers.
All of your User Contributions do and will comply with these Terms of Use.
- Content Standards
The following Content Standards apply to any and all User Contributions and use of Interactive Services. You are responsible for any and all User Contributions, including without limitation data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links which you post to the Website. Please use common sense when posting Content to the Website. Postings which may violate any state, federal, or other law which applies in your jurisdiction, whether civil or criminal, are strictly prohibited. Refrain from posting any Content which contains profanity or nudity. “tcd” reserves the right to reject, refuse to post, or delete any Content for any reason, including, but not limited to, Content which, in the sole judgment of “tcd, violates this Agreement or which otherwise may be deemed offensive or rude. “tcd” does not assume responsibility for monitoring user posted Content. However, if you believe you have identified a violation of this Agreement, please report the abuse using the “Report Abuse” link.
- Tres Canicas Design Intellectual Property and Trademark Rights
The Website, its features, and functionality including but not limited to the software, displays of information (including text, audio, video, images) and the design, selection, and arrangement thereof are owned by the “tcd” and are protected by copyright and other intellectual property or proprietary rights laws.
All content posted by “tcd” is protected by copyright laws and may not be reproduced, republished, distributed, transmitted, sold, displayed, broadcast or otherwise exploited in any commercial or for profit manner without the prior written consent of “tcd”.
These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website.
“tcd” is a trademark of tres canicas design. You must not use such mark without the prior written permission of the “tcd”.
- Authors and Bloggers
As stated below, “tcd” does not warrant any of the information provided on the Website. Please use common senses when reviewing articles and blogs posted by our staff or community members. You should not rely in any way on any information posted on the Website.
- Advertisers
The Website may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.
- Privacy
Your privacy is very important to “tcd”. Please read the “tcd” Privacy Policy. The “tcd” Privacy Policy, as it may change from time to time, shall be considered a part of this Agreement.
- Online Purchases
All purchases through our partners or other transactions formed through the Website or resulting from visits made by you are governed by the service providers Terms of Sale where applicable, which are hereby incorporated into these Terms of Use.
“tcd” DOES NOT COLLECT PAYMENT CARD INFORMATION, FOR EXAMPLE DEBIT OR CREDIT CARD INFORMATION, (“PCI”) FROM USERS. THE USER AND TCD’S SERVICE PROVIDERS ARE SOLELY RESPONSIBLE FOR THE SECURITY OF SUCH PCI DATA AND ANY CLAIMS ARISING FROM THE UNAUTHORIZED ACCESS TO SUCH PCI DATA.
- Liability Limitation
The liability, if any, of “tcd” and its agents, servants, representatives, members, officers, and employees with regard to your use of the Website for any claims, costs, damages, losses, and expenses for which they are or may be legally liable, shall not exceed $25.00. In no event shall “tcd” and its agents, servants, representatives, members, officers, and employees be liable for indirect, special, or consequential damages.
- Indemnification
You agree to indemnify, defend and hold “tcd” and its partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, advertisers, product and service providers, and affiliates, harmless from any liability, loss, claim and expense related to your violation of this Agreement or use of the Website.
- No Waiver
A “tcd” failure to enforce any provision of this Agreement does not waive future enforcement.
- Disclaimer of Warranty
DISCLAIMER OF WARRANTY
You expressly agree that use of this Website is at your sole risk. Neither “tcd”, its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, service providers, or licensors (collectively, “Providers”), or the like, warrant that this Website will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this Website, or as to the accuracy, completeness, reliability, security, or currency of the Content.
The Content may contain errors, omissions, inaccuracies, or outdated information. Further, “tcd” does not warrant reliability of any content displayed or distributed through the Website.
THIS WEBSITE AND THE CONTENT ON THIS WEBSITE ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS. VNN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, VNN EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE CONTENT ON THIS WEBSITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS WEBSITE OR YOUR USE OF THIS WEBSITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THIS AGREEMENT.
- Governing Law
The Agreement shall be governed and controlled by the laws of the state of Texas as to interpretation, enforcement, validity, construction, and effect and in all other respects.
- Forum Selection
Any dispute arising under or in connection with the Agreement or related to any matter which is the subject of the Agreement shall be subject to the exclusive jurisdiction of the state and/or federal courts located in Tarrant Count Texas.
- Notice to tcd
All notices to “tcd” under this Agreement may be sent using the following information.
ATTN: Privacy Officer
P.O Box 821152
North Richland Hills, Texas 76182
info@trescanicas.com
