•Last revised: June 25, 2017
•You should review this Agreement each time you access our Website. TRI-COASTAL INC reserves the right to modify these terms at any time. By continuing to access a site, you signify your agreement to be bound by them.
We consider our users’ privacy to be of utmost importance.
While we use reasonable efforts to include accurate and up to date information on our Website, errors, inaccuracies, and omissions sometimes occur. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. TRI-COASTAL INC makes no guarantees whatsoever as to the completeness, correctness, or accuracy of the materials or data on our Website. More specifically, TRI-COASTAL INC does not warrant the accuracy or timeliness of our Website and related materials, and TRI-COASTAL INC has no liability for any errors or omissions in the information provided.
• Our Website is protected by intellectual property laws, including but not limited to U.S. copyright laws. You expressly acknowledge and agree that the content accessible within our Website is the property of TRI-COASTAL INC and its content providers, and TRI-COASTAL INC and its content providers retain all right, title, and interest in the content.
• Subject to the terms of this Agreement, you are granted a limited, personal, non-exclusive, non-sub-licensable, non-assignable, non-transferable, and revocable license to use our Website and related materials solely for your own personal non-commercial use. Except as expressly provided, all rights are reserved. Among other things, except to the extent required for the limited purpose of reviewing material on our Website, electronic reproduction, adaptation, distribution, performance, or display of our Website or any portion of our Website is prohibited. Use of any of our trademark in any way, including but not limited to use as meta-tags on any other website, is strictly prohibited. You may not display our Website or portions thereof in things (e.g., framing, scraping, etc.) without our express written permission. You agree to cooperate with us to cause all unauthorized co-branding, framing, scraping, or linking to immediately cease.
• Our Website may be linked to other sites on the Internet that are not under the control of or maintained by TRI-COASTAL INC. Such links do not constitute an affiliation with or endorsement by TRI-COASTAL INC of any such sites. You acknowledge that TRI-COASTAL INC is providing these links to you solely as a convenience to you, and you agree that TRI-COASTAL INC is not responsible for the content or links displayed on such sites to which you may be linked. TRI-COASTAL INC does not endorse or make any representations about these websites, or any content found thereon. If you access any of the third party websites linked on our Website, you do so at your own risk.
• Our Website may contain materials submitted by third parties. Any such materials are provided solely as a convenience to you. If you use any of the third party materials, you do so at your own risk. In no event shall TRI-COASTAL INC be liable for any loss, claim, damages, or costs that may arise in connection with your use of these materials.
YOU EXPRESSLY AGREE THAT ACCESS TO AND USE OF OUR WEBSITE IS AT YOUR SOLE RISK. OUR WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TRI-COASTAL INC DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, REGARDING OUR WEBSITE, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. TRI-COASTAL INC MAKES NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL, CONTENT, PRODUCTS, OR SERVICES DISPLAYED ON OR OFFERED THROUGH OUR WEBSITE IS ACCURATE COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. PHRG ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF OUR WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
• TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL PHRG OR ANY OF ITS AFFILIATES OR SUPPLIERS (INCLUDING ANY OF ITS OR THEIR PARTNERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, OR ASSIGNEES) BE LIABLE TO YOU (INCLUDING ANY OF YOUR PARTNERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, OR ASSIGNEES) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN CONTRACT, EQUITY, NEGLIGENCE, INTENDED CONDUCT, TORT, OR OTHERWISE (INCLUDING BREACH OF WARRANTY NEGLIGENCE, AND STRICT LIABILITY IN TORT), INCLUDING WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEBSITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS WEBSITE, FOR ANY DAMAGE TO YOUR COMPUTER OR DATA, ANY DAMAGES ASSOCIATED WITH THE LOSS OF YOUR PERSONAL INFORMATION OR ANY OTHER DAMAGE OR ECONOMIC LOSS YOU MAY INCUR ENSUING FROM OR IN CONNECTION WITH (A) THE WEBSITE; OR (B) YOUR SUBMISSION OF PERSONAL OR OTHER INFORMATION THROUGH THE WEBSITE, EVEN IF TRI-COASTAL INC OR ANY OF ITS AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOE OF ANY LIMITED REMEDY.
• DESPITE THE FOREGOING LIMITATION LIABILITY FOR DAMAGES, IF A COURT OR OTHER TRIBUNAL OF COMPETENT JURISDICTION DECIDES TO AWARD MONETARY DAMAGES TO YOU FOR ANY CLAIM OR CAUSE OF ACTION ARISING FROM THE SAME, THE AMOUNT OF MONETARY DAMAGES FOR SUCH CLAIM OR CAUSE OF ACTION SHALL BE NO GREATER THAN THE AMOUNT YOU PAID TO PHRG FOR PRODUCTS AND SERVICES IN THE LAST SIX MONTHS.
At any time and TRI-COASTAL INC’S sole discretion, we may add, delete, or modify the Agreement or our Website. Should you deem any such addition, deletion, or modification to the Agreement unacceptable, you shall stop accessing, and/or using our Website. All changes to the Agreement shall be effective immediately.
• TRI-COASTAL INC intends to resolve any and all disputes that may arise between it and its Website users in a cost-effective and non-disruptive manner, preferably without the time and expense of litigation. Toward this end, you agree to the following dispute resolution procedure. If you are unable to resolve any dispute in the ordinary course of business, you shall send a written notice to TRI-COASTAL INC in which you outline the issues in dispute, enclose any relevant documents, and state the requested relief. TRI-COASTAL INC shall respond within ten (10) business days with identical information from its perspective. You and a representative of TRI-COASTAL INC shall meet or communicate electronically within ten (10) business days of the delivery of the response, and as often as you and TRI-COASTAL INC mutually deem necessary or desirable thereafter, in an attempt to resolve the matter. If, within sixty (60) days of the first communication, you and TRI-COASTAL INC fail to resolve the matter, you may then proceed to litigation in the forum described below.
• Any action related to this Agreement will be governed by the laws of Maryland, without regard to the choice or conflicts of law provisions of any jurisdiction. You and TRI-COASTAL INC agree and consent that jurisdiction, proper venue, and the most convenient forums for all claims, actions, and proceedings of any kind relating to our Website or to the Agreement will be exclusively in the federal or state courts located in Baltimore, Maryland.
• If any part of the 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.
• No action arising out of this Agreement or your access to or use of our Website, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose) and you hereby waive any longer statute of limitations that may be permitted by law.
• If you have any questions about this agreement, please call us at 866) 652-9625, option 4 at the prompt, email us at www.https://tricoastalrestoration.com
• Although TRI-COASTAL INC will in most circumstances be able to receive your e-mail or other information provided through this Website, TRI-COASTAL INC does not guarantee that it will receive all such e-mail or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such e-mail or other information. Be aware that Internet e-mail typically is not secure.