Introduction

Welcome to Tisinal and our online marketplace. Users of tisinal.com (the “Site”) are provided with a wide variety of information and services, including shopping opportunities, access to reviews, and the ability to post content, and submit reviews for other users (collectively the “Services”). The Site and Marketplace is owned and operated by Tisinal, ( “Company” “We”, “Us” or “Our”).

Terms and Changes to Terms

Tisinal provides the Services to Users subject to the following terms and conditions (the “User Agreement”), set forth herein as well as Tisinal’s Privacy Policy. The Company reserves the right to modify this Agreement and Tisinal’s Privacy Policy at any time. Such modifications will be posted on the Site. You can determine when the Terms of this Agreement were last revised by referring to the effective date indication at the bottom of this page. Your continued use of the Site following such changes will likewise constitute acknowledgment and acceptance of the Agreement. Without limitation, your use of the Site is conditioned upon your compliance with the guidelines set forth in this Agreement. Any failure to comply with the Agreement may result in termination of your access to the Site, without notice, in addition to the Company’s other remedies.

Your continued use of the Site and Services following Tisinal’s posting of any changes to the User Agreement, including all Policies and Guidelines referenced therein, will constitute your acceptance of such changes.  If you do not agree to any changes, then you should not continue to use the Site and Services.

Merchandise disclaimers

The Company has no participation in the creation of the products being displayed for sale on the Site. The products are the sole responsibility and creation of the Vendors. In no event shall the Company be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages arising from your use of the Vendors’ goods, even if the Company has been advised of the possibility of such damages.

Shipping Policy

Available shipping options will appear for you to choose when you check-out.  Your credit card will be charged for the total value of the order including shipping, and any special packaging costs.  These costs will appear when you check-out. Shipment of the products you have ordered will be delivered to the delivery address you indicated in your order and according to the speed of delivery you selected when making the order.  You are solely responsible for any error in the delivery address you provide (such as the incorrect postal code for the street and city address provided) and the shipping costs resulting from such error.  It is your responsibility to be at the delivery address to receive the shipment.  If there is no-one at the delivery address to receive the shipment, the Carrier will leave a Delivery Notice Card. If the shipment is not picked up at the Carrier’s location holding the package for pick-up within the prescribed period of time, the Carrier will return the package to the Vendor and User will be responsible for the return shipping cost. If the package is returned to the Vendor, depending on the perish-ability of the product, you may not be entitled to a refund. Tisinal is not responsible in anyway for the products after confirmed delivery by the Carrier.

Risk of Loss

All items purchased from Tisinal are made pursuant to a separate shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Damaged Shipments

Should a User receive a shipment from our carriers that appears damaged due to shipping, the User must notify Tisinal within 48 hours of receipt so we may submit a damage claim and coordinate any return of damaged product.  Your compensation for damaged product is limited to the refund Tisinal receives from the damage claim submitted to our Carriers.  Please note that the maximum value of a refund is one hundred dollars ($100) and certain contents do not qualify due to their fragile or perishable nature. Users must retain the damaged product and packaging in case they are required for the damage claim assessment.  If a refund is received, Tisinal will either coordinate with the Vendor the replacement of the damaged product at no additional cost to you, or pass on to you the refund received from the Carriers.

Refund and Return Policy

In the event the products arrive undamaged from shipment but the contents do not match your order or they are spoiled, we will gladly refund your money for the products or replace the products if you follow the Refund and Return Policy.  In order to be eligible, you must: (i) contact Tisinal within two (2) days of product receipt and tell us what the issue is; and (ii) ship the products to the Vendor within two days of receiving a prepaid return shipping label.

If you contact Tisinal within the above time period, we can protect your credit card payment by withholding payment to the Vendor.  If you do not contact us within the above time period, you are deemed to have fully accepted the products, waived your return and refund right and credit card chargeback right, and released Tisinal and Vendor of any refund responsibility.

When you are required to return products, you must return them to the Vendor that shipped to you.  The User must contact and notify the Vendor prior to returning the products.  The User shall not return products to Tisinal.  Tisinal does not accept returned products.  Tisinal will send you a prepaid return shipping label to use to return the products to the Producer.

To reach us, you can e-mail Tisinal at info@tisinal.com quoting your order number and tell us what the problem is.  Once you contact us, we will log your issue and direct the appropriate person at the Vendor company to contact you and resolve your issue quickly.

Using Tisinal

The Site is available only to and may only be used by Users who are 18 years and older who can form legally binding contracts under applicable law.  Users under the age of 18 can use the Site only in conjunction with and under the supervision of a parent or legal guardian (the “adult”).  In this case, the adult is the User and is responsible for any and all activities.  You represent and warrant that you are at least 18 years old or visiting the Site with permission by and under the supervision of an adult.

Tisinal may assign you a customer profile and password (“account”) to enable you to use and access certain portions of this Site.  We may terminate your account if we are unable to verify or authenticate the information you provide to us.  You are solely responsible for maintaining the confidentiality of your account and for restricting access to it.  Keep your password secure. You are fully and solely responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality and/or to restrict access to your computer. You will be solely responsible for activities by anyone using the account or password assigned to you, including without limitation, all communications and transmissions and all financial obligations incurred through the use of our Site.

All Users are prohibited from posting or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law.  The Site offers dedicated areas that allow for interactive activities that enable Users to communicate with each other directly, or which enable Users to post information and Material that will be visible to other Users (“Community”).  You are using the Community if you view or participate in a Tisinal Forum or Blog, post a review, create a list, create a profile, submit any of your own content or participate in any interactive feature.

The Community may be used only for lawful purposes in accordance with this User Agreement.  If you are using the Community, and if you decide to post, publish or communicate any Material in the Community sections, then you acknowledge that you are bound by this User Agreement.  We reserve the right, in our sole discretion, to reject, refuse to post or remove any posting or other content (including private messages) by you, or to deny, restrict, suspend, or terminate access to all or any part of the Community at any time, for any or no reason, with or without prior notice or explanation, and without liability.  We reserve the right, in our sole discretion, to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Community for any reason.

If you become aware of misuse of the Community services, including any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable Material of any kind, Material that encourages conduct that would constitute a criminal offence, give rise to civil liability, or violates any applicable law, then you are encouraged to notify us immediately of the location and details of this Material either by email or phone or any other communication method available to you.

We assume no responsibility for ongoing monitoring of the Site or for removal or editing of any Material, even after receiving notice.  Tisinal assumes no liability for any action or inaction with respect to conduct, communication, or content within the Community.

You may not upload, embed, post, e-mail, transmit or otherwise make available any Material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity.  Any copyrighted or other proprietary User created content distributed with the consent of a copyright owner should contain a phrase such as “Copyright, owned by [name of owner]; used by permission.”  Tisinal is entitled to presume that all Material conforms to the foregoing requirements.

The unauthorized submission of copyrighted or other proprietary content is illegal and could subject the User to personal liability for damages in a civil suit as well as criminal prosecution.  Community Users assume all liability for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from an unauthorized submission or submission of Material.  Tisinal assumes no liability for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from any Material.

License & Site Access

Subject to the terms and conditions of these Terms of Use, Tisinal hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of browsing content, shopping for products, uploading reviews, and interacting with other Site users on the Site. Users may not use the Site for any commercial use or use on behalf of any third party, unless explicitly permitted to do so by Tisinal.

Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it by any means, unless expressly permitted by Tisinal.

You may not use the Site or any materials obtained from the Site to develop, or as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, lease, license, rental, subscription, or any other commercial distribution mechanism. You also may not “mirror” or “frame” any material contained on the Site on any other server.

You many not use any manual or automated software, devices, or other processes to “crawl” or “spider” any web pages contained in the Site. You may not monitor or copy, or allow others to monitor or copy, our web pages or the content included herein. Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.

You shall not upload to, distribute, or otherwise publish on our Site any content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person or organization, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Tisinal all of the license rights granted herein; (b) is libellous, threatening, defamatory, obscene, indecent, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, or could give rise to any civil or criminal liability under U.S. or international law; (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties, (d) advertises or solicits business, or (e) impersonates another person.

Any breach of these Terms of Use may result in the immediate revocation of the license granted above, without notice to you.

Links and Third Party Content

Tisinal may provide links to the Web sites (“sites”) of affiliated companies, individuals and other businesses.  Submissions by Users on the Tisinal Site may also contain links to the third party sites.  We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these individuals and other businesses or the content of their sites.  Tisinal does not assume any responsibility or liability for the actions, products, and content of any such parties or any other third parties.

Inclusion of any linked site on the Tisinal Site does not imply approval or endorsement of such linked site by Tisinal.  When you access these third party sites, you do so at your own risk.  Tisinal takes no responsibility for third party advertisements or third party applications that are posted on or through the Tisinal Site or for the goods or services provided on the third party sites.

Content from other Users, advertisers, and other third parties may be made available to you through the Site.  Because we do not control such Material, you agree that We are not responsible for any Material from other third parties; We make no guarantees about the accuracy, currency, suitability, or quality of the information in such Material; and We assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Material made available by other Users, advertisers, and other third parties.

Your interactions with other Users on the Site or with any Vendors or advertisers, including, without limitation, payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other User, Producer or advertiser.

You agree that we will not be responsible for any loss or damage incurred as the result of any such dealings or with respect to any Producer’s or other User’s use or disclosure of your personal information.  If there is a dispute between you and any third party (including, without limitation, any Producer or other User of the Services), we are under no obligation to become involved; we do reserve the right without any obligation to monitor disputes between you and any Producer or other Users.

Tisinal is not obligated to review any Material.  Under no circumstance shall Tisinal be liable to you, or any third party, for any loss, damage or harm caused by any representation, warranty or guarantee of any third party.  It is your responsibility to evaluate the accuracy, completeness or usefulness of the information, opinion, advice, representation, warranty, guarantee or Material made available through the Tisinal Site.

Intellectual Property

All content on Tisinal, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Tisinal or its content suppliers and protected by Canadian copyright laws.  The compilation of all content on this site is the exclusive property of Tisinal and is protected by Canadian copyright laws.

Users shall not use our graphics, logos, content, appearance, design, functionality and any other aspects of the Site and the Services in any manner that could cause confusion or could disparage or discredit Tisinal.

Other than user uploaded content, all content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Tisinal or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on the Site is the exclusive property of Tisinal and protected by U.S. and international copyright laws.

Reviews & Comments

Users may post reviews on the Site. Anything that you submit or post to the Site and/or provide us (the “Submissions”), is and will be treated as non-confidential and non-proprietary, and you grant us a royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, modify, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. You may edit or delete such submissions using the tools provided to you by us on the Site.

In addition, when you post Submissions to the Site, you also grant us the right to use the name that you submit with any review, comment, or other content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the Submissions that you post on our Site and that use of your reviews, comments, or other Submissions by us will not infringe upon or violate the rights of any third party.

You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us, our affiliates or third parties as to the origin of any Submissions. We have the right, but shall not be obligated to, remove or edit any Submissions for any reason in its sole and absolute discretion.

Disclaimer and Limitation of Liability

The Site, the Services and the products purchased by you are provided on an “as is” and “as available” basis.  Tisinal makes no representations or warranties of any kind, express, implied or statutory.  Tisinal and its subsidiaries, affiliates, officers, directors, employees, shareholders, agents and suppliers specifically disclaim any implied warranties of title, merchantability, performance, fitness for a particular purpose and non-infringement.  In addition, no advice or information (oral or written) obtained by you from Tisinal shall create any warranty.

Tisinal make no representation or warranty of any kind, express or implied as to the accuracy, reliability, or currency of any Materials or products and their description provided on or through the Site.

In addition, to the maximum extent allowable by applicable law, Tisinal and its subsidiaries, affiliates, officers, directors, employees, shareholders and agents specifically disclaim all liability resulting from personal injury and/or death resulting from, or arising out of, your use or consumption of products obtained from Vendors through the Site or in connection with the Services provided.  Such disclaimer shall include, without limitation, incorrect labeling of products and/or ingredients.  In any such situation, your sole recourse shall be against the Vendor that made the product.

In no event shall Tisinal and its subsidiaries, affiliates, officers, directors, employees, and agents be liable to any User or any other person or entity for any direct, indirect, special, incidental, punitive, or consequential damages, arising out of or in connection with the User Agreement, the Services, the use or the inability to use the Site, or those resulting from any products purchased or obtained or consumed or transactions entered into in connection with the Services, including but not limited to reliance by you on any information obtained from the Site, any mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction, or unauthorized access to Tisinal’ records, programs, or services,  even if Tisinal or any Tisinal supplier or Vendor has been advised of the possibility of such damages.

You agree to indemnify and hold Tisinal and its subsidiaries, affiliates, officers, directors, employees,and agents, harmless from any loss, liability, damages, expenses, claim or demand, including reasonable lawyer’s fees, made by any party due to, resulting from, or arising out of your breach of this User Agreement (and the documents it incorporates by reference), your own use of the Services or the Site, your purchase of products using the Site and their consumption, or your violation of any law, or the rights of a third party.

User Warranties

You warrant to Tisinal that you will not purchase any products through the Site that may be harmful based on your or the intended consumers allergies (including, without limitation, allergies to peanuts) and/or other medical conditions.

You warrant to Tisinal that you will properly investigate whether the ingredients of a particular product are suitable for you or the intended consumer directly with the Vendor.

No Guarantee of Website Access

Tisinal does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Foodie Page’s control.

Tisinal, its suppliers and Vendors make no representation or warranty of any kind, express or implied that the Tisinal Site or e-mails from the Site will be uninterrupted or error-free, or that they will be free of viruses, scripts, Trojan horses, worms or other harmful components or that there will be continuous uninterrupted and secure access to the Tisinal Site.  Under no circumstances shall Tisinal or any Tisinal supplier be liable for any damages that result from your inability to use the Site.

Termination

Tisinal has the right to immediately terminate this User Agreement and may, without prior notice to you, immediately revoke any or all of your rights granted under this User Agreement, all without liability to Tisinal.  Upon any termination of this User Agreement, you shall immediately cease all access to and use of the Site and Tisinal shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and customer profile identification issued to you and deny your access to and use of the Site in whole or in part.  Any termination of this User Agreement shall not affect the respective rights and obligations (including without limitation, delivery and payment obligations) of the parties arising before the date of termination.

Applicable Law

The laws of the State of Michigan govern these Terms of Use, without giving effect to any principles of conflicts of laws or the Convention on Contracts for the International Sale of Goods. Any dispute with Tisinal or its affiliates relating in any way to these Terms of Use or your use of the Site or Services shall be adjudicated in any state or federal court in Washtenaw County, MI, and you consent to exclusive jurisdiction and venue in such courts.

Copyright Complaints

We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on our Site or in connection with the Services any materials that violate another party’s intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act.

If you feel that any content on the Site may give rise to copyright infringement, please provide Tisinal with the written information specified below.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

  • A description of the copyrighted work that you claim has been infringed upon;

  • A description of where the material that you claim is infringing is located on the site, including the product name, if applicable;

  • Your address, telephone number, and email address;

  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

  • Please send notices to info@tisinal.com

 

Severability

If any provision of this User Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention.  All remaining provisions of this User Agreement shall remain in full force and effect.  The failure of Tisinal to exercise or enforce any right or provision of this User Agreement shall not operate as a waiver of such right or provision.

Questions

If you have any questions or feedback on our Terms of Use, please contact us directly at info@tisinal.com.

Contact

Tisinal
180 Green St. Jamaica Plain MA 02130
info@tisinal.com
419 508 0297

Effective September 1, 2016