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This Tri-County Partitions, LLC (“TCP”) website (the “Website”) is made available by TCP as a service to its customers and others granted access hereunder. The Website offers a range of information and services which may include product information, product ordering, account information, logistics, technical information, customer support and general information (the “Services”). The Services are subject to change or removal by TCP without notice.
2. Acceptance of Terms and Conditions
By visiting or using this Website (collectively, “Use” of the Website), including without limitation to access, use, and/or download messages, information, data, text, software or images, or other content from this Website, or to send messages, information, data, text, software or images, or other content to the Website, you agree on your own behalf, and on behalf of any entity on whose behalf you may act, to accept and abide by the Terms and Conditions for each Use of and each visit to this Website. If you do not agree to abide by these Terms and Conditions, you should not Use this Website.
Use of the Website is offered to you, by TCP conditioned on your acceptance, without modification, of the terms, conditions and notices contained herein (the “Terms and Conditions”).
TCP has the right, in its sole discretion, to add to, remove, modify or otherwise change any part of the Terms and Conditions, in whole or in part, at any time. Changes will be effective when notice of such change is posted at this Website. Please check the Terms and Conditions frequently for updates by checking the date of “Last Update” at the top of this document. If any term, condition or any change thereto is not acceptable to you, you must discontinue your Use of this Website immediately. Your continued Use of this Website after any such changes are posted will constitute acceptance of those changes. These Terms and Conditions apply exclusively to your Use of this Website and do not alter the terms or conditions of any other agreement you may have with TCP.
Certain restricted areas of the Website may require that you register in order to access such areas. You are responsible for maintaining the confidentiality of your registration information (including without limitation and as applicable, any customer ID or password), and for all uses of your registration information, whether or not authorized by you. You agree to immediately notify of any unauthorized use of your registration information or of any other breach of security of which you are aware. In either event, your use of the Website is governed by these Terms and Conditions. In consideration of permission to use the Website, you agree to: (a) provide true, accurate, current and complete registration information to your TCP sales representative; and (b) maintain and promptly update the registration information to ensure that it is true, accurate, current and complete.
The registration information and any generic information gathered by TCP through your use of the Website may be used by TCP for its own marketing, promotional and product development purposes and more specifically, may be stored in a database and used by TCP to identify, customize and personalize customer access, and assess utilization of the Website. Such information may be shared among TCP, its affiliates, subsidiaries, suppliers and licensors in furtherance of the foregoing purposes. Such information may also be used to contact you. You acknowledge that the collection and use of such information, including personal information, is for reasonable and appropriate purposes, and is with your knowledge and consent.
At TCP’s discretion, customer ID’s and passwords may be allotted by TCP to you subject to your acceptance of the terms, conditions and notices contained herein, as specified in Section 2 above, and successful registration in accordance with Section 3 above.
The access that is granted to you under these Terms and Conditions to use the Website is personal to you, and non-transferable, and permits only your business user access to the Website, subject to Section 4 herein. Any other third party access is strictly prohibited. You agree to keep confidential the password that you use to access the Website. In the case of registration by you in your personal capacity, you agree not to disclose your password to any other individual or entity, commercial or otherwise. In the case of registration by you as a duly authorized representative of a commercial entity, you agree not to disclose your password to any other entity, commercial or otherwise, and not to disclose your password to any individual, unless such individual is also a duly authorized representative of such commercial entity with a need to know such information and is made to comply with the Terms and Conditions.
You agree that you are fully responsible for maintaining the confidentiality of your password and that you will be responsible for any breach of this obligation, including any damages which flow from, or are connected to, such breach, without limitation.
You agree that you are fully responsible for all activities that occur under your password. You also agree to contact us immediately if you have any reason to believe that your password has been compromised. You further agree to ensure that you exit from your account at the end of each session. TCP reserves the right to change passwords at any time to protect the security of the Website.
5. Product Ordering
Certain users can place an order for product through the Website. Price for an order or design is available on the Website as well as through contact with your TCP sales representative. Subject to prior agreement by such means, the price for product shall be TCP’s standard price for such quantity of product on the day the order is made and shall be subject to Hadrian’s standard terms and conditions as outlined on the invoice which accompanies the product or design (“General Terms and Conditions”). Placing the order is acknowledgement by you that such General Terms and Conditions shall apply. An order submitted through the Website can be cancelled by you by contacting your Hadrian sales representative directly via telephone to make TCP aware of such cancellation and confirming such product order cancellation in writing via facsimile. Depending on the nature and complexity of the product order, you may be charged a fee for cancellation in accordance with Hadrian’s published General Terms and Conditions.
6. General Disclaimer
The information provided by the Website is not intended as advice on architecture, engineering, construction technique or building materials. Such information is for informational purposes only and is not intended to be a substitute for professional advice, assessment and evaluation. It is your responsibility to evaluate all your relevant factors. You bear all risks associated with the use of any information, including any reliance on the availability, accuracy, completeness, usefulness or appropriateness of such information. This includes the following: (a) unsolicited information of a general or technical nature, including, product information or details, materials specifications and instructions; (b) information generated in response to requests by you or other users of the Website, including customized product lists, product orders and order information, account information, invoices, reports, washroom designs, and FAQs; (c) content that is submitted on the Website by you or other users of the Website; and (d) third party content that is made available on, or otherwise accessible through, the Website by TCP, including news and advertising. You should consult a qualified professional before making any decision or taking any action that might affect your personal, business or financial well-being.
7. Disclaimer of Warranties
You expressly understand and agree that:
8. Limitation of Liability
You expressly understand and agree that in no event shall TCP, its affiliates, subsidiaries, suppliers or licensors, be liable for any damages whatsoever, including direct, indirect, incidental, special, consequential or exemplary damages (including, without limitation, damages for loss of profits, goodwill, use of information, business interruption or other intangible losses, loss of or damage to property and claims of third parties (even if TCP has been advised of the possibility of such damages)), whether based on breach of contract, breach of warranty, tort (including negligence) or otherwise, arising out of or in connection with: (i) the use or the inability to use the Website or any Services; (ii) the cost of procurement of substitute products and Services; (iii) unauthorized access to or alteration of your information on the Website; (iv) statements or conduct of any third party on the Website; or (v) any other matter relating to the Website.
You agree to indemnify and hold TCP, its affiliates, subsidiaries, suppliers and licensors and their respective directors, officers, employees, representatives, agents and consultants, harmless from any demand, claim, action, suit or proceeding, including reasonable legal fees, brought by any third party due to, or arising out of, content that you submit to the Website, your use of the Website or Services, or your breach of these Terms and Conditions.
10. Third Party Links
This site may contain links to third party websites. The inclusion of any linked website does not imply approval, endorsement or recommendation of the material on such websites or any association with TCP. Your use of any hypertext link is entirely at your own risk. TCP does not make, and expressly disclaims, any warranty or condition, express or implied, statutory or otherwise, as to third party websites that you link to through the Website, including but not limited to, any warranties or conditions of merchantability, fitness for a particular purpose or non-infringement, or any warranty that the Services will be available, uninterrupted or error free.
You agree that TCP, in its sole discretion, may suspend or terminate any and all current or future use of the Website (or any portion thereof) by you for any reason, including, without limitation, if TCP believes that you have violated or acted inconsistently with the letter or spirit of the Terms and Conditions.
TCP reserves the right to vary, suspend or terminate the Services provided on the Website at any time at TCP’s sole discretion and either with or without prior notice to you. You agree that TCP shall not be liable to you or to any third party for any suspension or termination of the Services.
12. Intellectual Property Rights
All images, graphical user interfaces, charts, graphs, text, streaming videos and other content in this Website, the selection and arrangement thereof, and all software are, to the extent permitted by law, copyrighted and otherwise proprietary and are owned by TCP or its licensors. You acknowledge and agree that the Website, the Services and any necessary software used in connection with the Website and/or Services contain proprietary and confidential information that is protected by applicable intellectual property laws and that your use of the Website and the Services and results therefrom is personal to you for the purposes reasonably contemplated by these Terms and Conditions and such use is non-assignable. Any other copying, reproduction, modification, publishing, transmission, distribution or other use of this content, without the prior written consent of TCP, is strictly prohibited.
Tri-County Partitions LLC and TCP’s logos, product names, service names, icons and trademarks of TCP and its subsidiaries. You agree not to display or use in any manner the TCP Logo without TCP’s prior consent. The names and trademarks of companies or products referenced in the Website may be trademarks of their respective owners. The display of trademarks or tradenames on this Website does not convey or create any license or other rights in these marks or names. Any unauthorized use of the TCP Logos is strictly prohibited.
13. Contacting the Website
Any communications required to be made with TCP in regards to the Website, including in respect of any use or disclosure of the information made available by you, may be forwarded to:
Tri-County Partitions, LLC
7729 NW 146 Street
Miami Lakes, FL 33016
14. Governing Law
TCP is a company operating from Miami Lakes, FLORIDA, USA. The terms, conditions and notices of these Terms and Conditions, and any matter applicable to your direct or indirect use of the Website, shall be governed by the laws of the State of Florida and the Federal laws applicable in the United States of America. You agree that any dispute may be settled in the Courts of the United States of America, though the foregoing shall not limit the ability of TCP from seeking injunctions and remedies in other jurisdictions which are required to stop continuing breaches of the Terms and Conditions by you.
15. Entire Agreement, Severability and Waiver
This Agreement constitutes the entire agreement between you and TCP and governs your use of the Website. If any provision of the Agreement is found to be invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Agreement, which shall remain in full force and effect. No waiver of any of the terms or conditions of the Agreement shall be deemed a further or continuing waiver of such term or condition or any other term or condition.