Effective 2/1/2021
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.
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. This enables you as the consumer to access different products and services which people have placed on the site.
2. Acceptance of Terms. You agree that this Agreement forms a legally binding agreement between You and Us relating to Your ability to use the Site. By using the Site, You agree to all of the terms and conditions set forth in this Agreement.
3. Your Right to Use 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. All sales are final. 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.
4. Payments and Taxes. You authorize Us to bill the ACH account for the services You provide to Us for all applicable fees. We reserve the right to charge interest on all past due accounts at one and one-half percent per month.
5. Your Obligations Concerning Behavior. You agree not to reverse engineer, decompile, copy, or create derivative works of the Site. You agree not to upload or transmit defamatory, obscene, or illegal content through the Site. You agree not to impersonate any person or engage in disruptive, illegal acts in connection with the Site.
7. Access and Security. You are responsible for maintaining the confidentiality of all usernames and passwords. You agree to immediately notify Us of any unauthorized access or use of the Site at info@trec2go.com.
8. Suspensions. We reserve the right to remove any Content or Services and suspend any access to the Site at Our sole discretion, including for violation of this Agreement, abuse, or compliance with laws.
9. Termination. You may cancel Your use of the Site at any time by providing notice to Us. We may immediately terminate Your right to use the Site without notice for breaches of this Agreement, requests by law enforcement, security issues, or non-payment.
11. Indemnity. You will indemnify, defend and hold harmless TREC, its affiliates and respective directors, officers, employees and agents from and against any and all claims, damages, and liabilities arising out of your use of the Site or breach of this Agreement.
12. Waiver of Jury Trial. Merchant hereby agrees not to elect a trial by jury and covenants not to bring or participate in any class action against TREC based upon claims arising from this Agreement.
12.2 Force Majeure. TREC Corporation is not liable for any failure or delay in performance caused by any Act of God, strikes, flood, fire, war, electrical or equipment failure, or other events beyond its control.
13. Disclaimer. TREC MAKES NO REPRESENTATIONS, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING ITS SERVICES OR PRODUCTS OR ANY PORTION THEREOF, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
15. Advertising Services. For the sake of clarity, neither Trec nor its affiliates provide any products, services or delivery services. Rather, Trec provides an Advertising services platform that enables Merchants to connect with customers.
16. Retail Prices; Taxes; Other Fees. Merchant is responsible for determining and setting the retail price for each item and is solely responsible for the collection and remittance of all applicable Sales Taxes.
20. Limitation of Liabilities. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES RESULTING FROM YOUR USE OF THE SITE.
21. Attorney's Fees. MERCHANT shall be liable for attorney's fees and collection costs incurred by TREC in the enforcement of this Agreement. TREC shall assess a collection fee of not less than $250.00 in the collections of any obligation or amounts due by MERCHANT.
22. Copyright Disputes. To report suspected copyright infringement contact us at:
TREC Corporation, P.O. Box 664, Cross River, New York 10518
Email: support@trec2go.com | Phone: 914-902-8453
General Terms. This Agreement will be governed by the laws of the State of New York, USA. The Merchant Application Agreement is a 1-year agreement and will automatically renew unless 60-days written notice is provided to TREC.