Terms and Conditions
This website is owned and operated by TriComp Inc., a Washington state corporation.
Terms and Conditions for Use of, or Access to, Online Resources Operated by TriComp Inc.
PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY. BY USING, ACCESSING, SIGNING UP FOR AN ACCOUNT WITH OR LINKING TO ONLINE RESOURCES OPERATED BY TRICOMP INC., INCLUDING, BUT NOT LIMITED TO WEBSITES, INTERACTIVE DIGITAL COMMUNITIES, BLOGS, OR SOCIAL MEDIA ACCOUNTS, YOU AGREE TO ALL THE TERMS CONTAINED WITHIN THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, THEN YOU ARE NOT PERMITTED TO UTILIZE SUCH ONLINE RESOURCE.
The online resources (“Resources”) operated by TriComp Inc. (the “Company” or “We”)) are intended for non-commercial, personal, entertainment purposes only. Use for commercial purposes, including use of Resources to support any business model, actual business, enterprise or venture, is prohibited and not supported.
Except as specifically designated, none of the resources are intended to solicit data of any sort from audience located within, or otherwise protected by the laws of, the European Union.
The Resources are intended only for lawful residents of the United States who are 18 years of age or older. None of the contents of Resources are intended for children under the age of 18, and are not intended in any way to market commercial products to, or solicit any information whatsoever from children under the age of 18 years of age. Users of Resources (“You,” or “Users”) are personally and solely responsible for ensuring that accessing the Resources, and the information or products and services contained within, is lawful to view and access in the jurisdiction in which they reside or from which they access the Resources.
TERMS AND CONDITIONS
- Disclaimer of Warranties. Except where disclaimer of warrantees prohibited by law, the Resources are provided, and by accepting these Terms and Conditions you are agreeing to use of or access to Resources, on an As Is basis and acknowledging the following warranty disclaimers. All express or implied warranties, including, but not limited to, warranty of merchantability, warranty of fitness for use, warranty of title, and warranty of non-infringement are hereby disclaimed wholly, and completely. Furthermore, We do not warranty in any way that the Resources, and functions or purposes served within or available through the Resources, will work in any particular manner, will be error free, uninterrupted, free of viruses, worms or other malware. Finally, We do not warranty in any way that Your patronage of any listed business, merchant or establishment will meet any particular standard of quality, or will not result in loss, physical injury or damages due to criminal or tortious conduct by anyone. If any particular portion of these disclaimers of warranty shall be found, by a court of competent jurisdiction, to be unlawful or otherwise unenforceable, then all remaining portions shall continue to have full force and effect.
- Release and waiver of liability. Neither the Company nor any of its elected or appointed officers, shareholders, employees or agents shall be liable for any liability, penalty, fee, fine, attorneys’ fees, or any other costs, associated with, stemming from, or in any other way pertaining to Your use of, or access to the Resources or reliance on the Resources, regardless of the theory of liability including, but not limited to, direct, indirect, special, consequential, incidental, exemplary, punitive or any other type of damages, lost or damaged data, damage to equipment, lost profits, personal injury or death, all of which are excluded, waived and disclaimed in their entirety and in perpetuity by the agreement of the parties. Your agreement to exclude, waive and disclaim shall extend, in perpetuity, to your estate, descendants, heirs and assigns. If any particular portion of these disclaimers of liability shall be found, by a court of competent jurisdiction, to be unlawful or otherwise unenforceable, then all remaining portions shall continue to have full force and effect.
- Limitation of Liability. Under no circumstance shall the liability of the Company or any of its elected or appointed officers, shareholders, employees or agents, in any way related to Your use of Resources referenced by or related to these Terms and Conditions, exceed the total aggregate sum of $10 in US funds or such other sum as may be the limitation of Company’s liability to you, designated in an Advertising Agreement or other agreement you have with Company, whichever sum is greater.
- Indemnification and hold harmless. You agree to, and shall indemnify, defend, and hold completely harmless the Company, its elected or appointed officers, shareholders, employees, and agents from and against any claims, lawsuits, regulatory proceedings, damages (of any type, including punitive or exemplary damagers), penalties, fees, fines, and costs, claimed by any third party or imposed by any governmental entity or court of law, for your actions or inactions in any way relevant to, stemming from, or resulting from your use or misuse of the Resources. This duty to defend, indemnify and hold harmless shall include payment of any reasonable attorney’s fees incurred therefrom. Company will endeavor to advise you of any claims or lawsuits as soon as their existence is apparent. However, your indemnification obligations shall exist regardless of the timing of Company’s notice or lack thereof.
- Applicability of Terms and Conditions. Except as prohibited by law these Terms and Conditions shall be binding on You, your estate, descendants, heirs, and assigns.
- Non-Responsibility for Third-Party Actions or Third-Party Websites. The Resources are available to many Users and, from time to time, may permit Users to access websites or other digital resources operated by third-parties. The Company has no control over the actions of Users or third-parties that may operate websites or other digital resources accessible through the Resources. As such, the Company takes no responsibility for the actions of other Users or third-parties, including third-party advertisers. Furthermore, while the Company will exercise care in choosing the websites and other digital resources that are officially accessible through the Resources, because it has no control over these websites and other digital resources, and because other Users may, through interactive media, themselves post or provide access to third-party websites and other digital resources, Company disclaims all responsibility for the contents of these third-party website and other digital resources, and advises Users to exercise care when following links that take them to websites or other digital resources, operated by third-parties, outside of Resources.
- No Implied Endorsement. The listing of third-party businesses, merchants and establishments in Resources is provided strictly for references purposes only, or are as a result of a paid advertising relationship, and do not constitute an endorsement of any sort by Company. You are responsible for taking the proper and appropriate steps to ensure, to your personal satisfaction, the legitimacy of such businesses, merchants and establishments before doing business with them. In the case of businesses, merchants and establishments with a physical presence, You are responsible for exercising all reasonable precautions and conducting necessary due diligence such as, but not limited to, determining the safety of the neighborhood in which it is located, and ensuring that it appears to be a legitimate business, before entering such premises.
- User Accounts. To access certain portion of Resources, You may be required to create a User Account. User Accounts are subject to the following terms:
- You must provide accurate and truthful information in your User Account registration;
- You agree that we may utilize a confirmation email to verify the accuracy of Your email address before We approve Your User Account;
- We may store IP Address information if we deem it necessary to prevent or protect against fraudulent activity;
- Third-Party Advertising Serving We serve advertising on Resources from third-parties not affiliated with Company (“Ads”). If you choose to click through those Ads or otherwise patronize the companies affiliated with the Ads, you do so at your own choice and take full responsibility for any risk associated with doing so including any risk associated with the product or service being advertised, as well as the risk of malicious code or any other cyberthreat associated with clicking-through the Ads. Company does not control the companies affiliated with the Ads or the websites/landing pages associated with the click-throughs and takes no responsibility for their content, appropriateness for audiences, and digital safety. All Ads served on Resources are required to comply with our Advertising Policy. If you believe that any Advertisements that you have seen violate the policy, then you may report those to us and we will take appropriate action to investigate.
- Digital Millennium Copyright Act (“DMCA”) Notices. The Company respects the intellectual property rights of everyone. If you believe that your intellectual property rights have been violated by copyrighted material posted by a third party on or through the Resources, then the Company will take prompt action to investigate your allegation and take appropriate action so long as you provide notice to the Company’s designated agent:
Attn: DMCA Notice
8919 W. Grandridge Blvd., Ste. A1
Kennewick, WA 99336
An email sent to email@example.com will assist in expediting the handling of your notice.
However, because of its inherent unreliability, the email communication, in itself, should not be deemed sufficient notice. If the Company does not actually receive an email notice and no mailed notice is sent, then your notice may not have its desired effect.
All DMCA notices MUST contain the following:
- (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- (iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted.
- (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. This statement must be notarized or otherwise signed under penalty of perjury.
- (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Brand Assets Belonging to the Company. The following are Brand Assets belonging to the Company. The Company claims and reserves all rights to such Brand Assets and the intellectual property contained therein. Use other than as licensed or as reasonably permitted by the Fair Use Doctrine, is strictly prohibited. In particular, you may not utilize the Company’s Brand Assets: a) in a manner that might deceive or confuse the public; b) in a manner that implies that you own or control the the Brand Assets; c) in a manner that implies that you or your organization is affiliated with the Company unless you actually are and receive a license to use the Brand Assets in such a manner; d) in a manner that suggest that the Company sponsors or endorses you, your organization or your product/service; e) in a manner that confusingly combines your Brand Assets with those of the Company; f) on your website or other digital presence vehicle (including social media sites or accounts owned or controlled by you) if the Company’s Brand Assets are featured more prominently than other branding material on the site; or g) on your website or other digital presence vehicle (including social media sites or accounts owned or controlled by you) if said website or digital presence vehicle promotes pornography, gambling, underage smoking or drinking, or any unlawful activity.
- The Tri-Cities Area Journal of Business, Senior Times, Focus: Construction + Real Estate, Focus: Agriculture + Viticulture, tcjournal.biz and srtimes.com are owned by the Company and are considered Company Brand Assets.
- The following logos are owned by the Company and are considered Company Brand Assets: The Company does not permit the use of logo Brand Assets except as specifically permitted in writing:
- Change to these Terms and Conditions. The Company may unilaterally change any of the provisions herein if, in its sole discretion, it believes the change to be appropriate. Upon any change, the new version of this Agreement will be posted on the main website for the Company and reasonable steps will be taken to inform You of such changes. You are responsible for checking for amendments from time to time and for reviewing the newly posted Terms and Conditions when informed of their existence.
- Mandatory Arbitration. Any disputes relating to this Agreement and to the Resources, shall be resolved by binding arbitration only, and the parties hereby waive their otherwise inherent right to file a lawsuit in a court of competent jurisdiction for relief. This means that by accepting this Agreement, you are waiving your right to file a lawsuit in court and to form a class for purposes of a class action lawsuit. Prior to commencing with arbitration, any aggrieved party is strongly encouraged to contact the Company’s dispute resolution center at 509-783-3325. If arbitration becomes necessary, then the parties agree that it shall be conducted in the following manner:
- The arbitration shall be governed by RCW Chapter 7.04A, Washington’s Uniform Arbitration Act.
- The arbitrator may be any appropriate arbitrator or consumer arbitration provider as agreed to between the parties. If the parties are unable to select a mutually acceptable arbitrator or arbitration service, then each party shall select an individual arbitrator and the arbitrators shall jointly select a third arbitrator, and the third, selected, arbitrator shall preside over the arbitration.
- Upon the conclusion of the arbitration, the most prevailing party shall be entitled to its reasonable attorney’s fees and costs, and the other party shall be responsible for the entire cost of the arbitration proceedings including the cost of the arbitrator.
- All arbitration proceedings shall be conducted by telephone, video-conferencing and/or any other equally accessible electronic or digital means.
- Neither party shall have the opportunity to present or communicate to the arbitrator in person prior to the rendering of a decision, unless the presentation or communication is mutually agreed upon.
- Any award resulting from arbitration may be filed in any court of competent jurisdiction. If the party who is required, by an arbitration award, to pay damages does not pay such damages within a reasonable period of time and legal action is necessary to enforce said award, then the party enforcing the award shall be entitled to its reasonable attorney’s fees and costs for such enforcement action.
- Arbitration awards shall be final and shall not be subject to appeal into a court of competent jurisdiction even if such an appeal is allowed by court rules pertaining to mandatory arbitration of legal disputes in any relevant jurisdiction.
- If any portion of this Mandatory Arbitration section is found by a court of competent jurisdiction to be unenforceable for any reason, then said portion shall be removed and the remainder of the section shall be enforceable as if the unenforceable provision was never a portion thereof.
- Nothing in this section shall prevent either party from seeking injunctive relief to prevent an ongoing threat or harm to its business interests that is not readily thereafter curable with monetary compensation, or to enforce the provisions of this Agreement including this Dispute Resolution section. This section also shall not prevent Company or a delegated third party from filing a court action to collect unpaid fees.
- Venue. Venue for any legal action requiring an action in court, including any legal action to enforce the Mandatory Arbitration provisions herein, shall only be proper in a State or Federal court of competent jurisdiction, physically located within the county of Benton, in the state of Washington.
- No Class Action. By agreeing to these terms and conditions and specifically the mandatory arbitration provisions in Section 13, you are agreeing that individual participation in the mandatory arbitration process as outlined is the sole and exclusive means of resolving any disputes or claims of damages related in any way to the use of Resources or this agreement, and that you waive any and all other means of resolving disputes or addressing claims of damages, expressly including the participation in any class action lawsuit.
- Choice of Law. These Terms and Conditions are created under the laws of the state of Washington, and for all purposes shall be interpreted under Washington state laws governing contractual transactions between Washington state residents.
- No Legal Notices Accepted. The Company does not, by operating the Service or any other website, social media account or other digital presence, consent to service of legal notice of any sort whatsoever, by way of delivery through resources associated with the Service or such other website, social media account or other digital presence, including any email addresses that may be found therein. Instead, any such legal notices shall be served in the manner otherwise directed by applicable law.
- If a court of competent jurisdiction finds that any portion of these Terms and Conditions to be unenforceable, or if any of these Terms and Conditions conflict with any agreements that the Company has with third-parties (such as operators of social media services to which the Company has subscribed) then said unenforceable or conflicting portion(s) shall be severed and the remaining portions shall be enforceable as if the unenforceable portion was never a part of these Terms and Conditions to begin with.