Privacy Policy

Agreement to Terms

By accessing or using the Tri-State Waterproofing website, you agree to comply with these Terms of Use and to accept Tri-State Waterproofing’s Privacy Policy. If you do not agree to either the Terms of Use or the Privacy Policy, you are not permitted to use the website. In such a case, you must immediately stop using the website.

 

Changes to Terms of Use and Privacy Policy

Technology, laws, and regulations are constantly evolving, so Tri-State Waterproofing may need to change or update these Terms of Use or the Privacy Policy. Tri-State Waterproofing can update these documents at any time, and the new version will be posted on the website. It is your responsibility to check back regularly for any updates to these terms. If you continue using the website after updates are posted, it means you accept the changes. If you do not accept the updated terms, you must stop using the website.

 

Privacy Policy Updates

Any new version of the Privacy Policy will apply only to information collected after the update takes effect. It will not apply to data collected under the previous version of the Privacy Policy unless you specifically agree to it.

 

Eligibility

• Age Requirement: The website is intended for users who are at least 18 years old. If you are under 18, you may use the website only if you have permission from a parent or guardian.
• Corporate Use: If you are using the website on behalf of a company, you confirm that you have the authority to act on behalf of that company and enter into agreements on its behalf.

 

Consent to Receive Electronic Communications

When you register on the website and provide personal details such as your name, email address, phone number, and physical address, you explicitly consent to receive communications from Tri-State Waterproofing. These communications may include updates about the website, new offers, promotions, or other related matters. You can unsubscribe from these communications at any time by following the unsubscribe instructions in each email or by sending an email to [email protected] 

. Tri-State Waterproofing sends these communications electronically, and by agreeing to these terms, you acknowledge that receiving these communications fulfills any legal requirement for written notice.

 

Third-Party Sites

The website may contain links to external websites operated by third parties. Some of these third-party sites may have partnerships or relationships with Tri-State Waterproofing, while others may not. Tri-State Waterproofing has no control over the content or performance of these third-party sites. Therefore, Tri-State Waterproofing does not guarantee the accuracy, reliability, or quality of any material, products, services, or content available through these external websites.

You agree that Tri-State Waterproofing is not responsible for any damages or losses you may suffer from using third-party sites. This includes any financial losses, harm to your computer system, or other issues that arise from accessing or using third-party websites.

 

User Content

• Definition of User Content: “User Content” refers to any content that you submit, upload, or post on the website, such as text, images, photos, videos, comments, or any other material that you share on or through the website. However, this does not include personally identifiable information (e.g., your name, email address, or contact information, which are subject to the Privacy Policy).
• Ownership of User Content: You retain full ownership of your User Content. This means you continue to hold all the rights to it, including intellectual property rights, even if you submit or post it to the website. Tri-State Waterproofing does not claim ownership over your content.
• License to Use User Content: By posting, uploading, or sharing User Content on the website, you grant Tri-State Waterproofing a royalty-free, perpetual, non-exclusive, and worldwide license to use, reproduce, modify, adapt, translate, distribute, publicly display, and otherwise use your content for business purposes. This includes, but is not limited to, using your content in website promotions, advertisements, or other marketing activities. Tri-State Waterproofing can use this content in any media format, whether current or developed in the future, for their business purposes, including for publicizing Tri-State Waterproofing or in any related promotional activity.

 

You also agree that Tri-State Waterproofing may disclose your personal information in connection with this license if necessary. By granting this license, you waive any claims against Tri-State Waterproofing related to the use of your content, including any claims involving privacy or publicity rights. Additionally, you will not receive any compensation for Tri-State Waterproofing’s use of your User Content.

 

• Representations about User Content: By submitting or posting User Content, you represent and warrant that you:
• Own all rights to the content or have permission from the rightful owner to grant Tri-State Waterproofing the rights outlined above.
• Have the consent, release, and permission of every person identifiable in the content to use their name and likeness as part of the content.

 

You must ensure that the User Content you submit does not violate Tri-State Waterproofing’s guidelines, particularly regarding offensive or defamatory content.

 

• Tri-State Waterproofing’s Right to Reject User Content: Tri-State Waterproofing reserves the right to remove or reject any User Content that it deems inappropriate or in violation of its guidelines. The content Tri-State Waterproofing rejects may not necessarily be limited to the categories of “Objectionable Content” or “Defamation” outlined in the policy, as Tri-State Waterproofing has the discretion to remove any content for any reason, whether or not it falls within these categories.

 

Objectionable Content and Defamation

Tri-State Waterproofing prohibits content that is considered offensive, harmful, defamatory, or otherwise inappropriate for the website. You agree not to submit, upload, or share any content that:

 

• Violates the law.
• It is harmful, abusive, harassing, or defamatory.
• Contains malware or harmful code.
• Violates privacy rights or promotes illegal activities.

 

Tri-State Waterproofing reserves the right to remove any such content at its sole discretion and may block or suspend users who violate these terms.

Intellectual Property

Have a look at the following:

Compliance with the Law

• General Obligation: When using the website, you must follow all applicable laws and respect the intellectual property rights of others. This means you cannot upload, share, or distribute any content that violates someone else’s copyrights, trademarks, or other intellectual property rights.
• Responsibility for User Content: You are fully responsible for ensuring that any content you upload or share on the website does not infringe on the rights of others. You must prove that the content you share is legal and does not violate third-party rights.

 

Trademarks

• Tri-State Waterproofing Trademarks: The name “Tri-State Waterproofing” and the logo are trademarks of Tri-State Waterproofing. Other trademarks, logos, and domain names on the website may belong to third parties.
• No Rights to Use Trademarks: Using the website does not give you any rights to use the trademarks of Tri-State Waterproofing or any third-party trademarks. You cannot copy, reproduce, or use these trademarks without permission.
• Goodwill in Trademarks: If your use of the website leads to the creation of goodwill in the Tri-State Waterproofing trademarks, that goodwill belongs to Tri-State Waterproofing. You agree that any goodwill generated will be assigned to Tri-State Waterproofing, and you will not challenge their ownership of the trademarks.

 

Copyrighted Materials and Copyright Notice

• Ownership of Content: All content on the website—such as the Tri-State Waterproofing logo, design, text, and images—belongs to Tri-State Waterproofing or its licensors and suppliers.
• No Ownership Rights: Simply using the website does not give you any rights to the content or materials available on it. You are not allowed to copy, use, or distribute this content without permission.

 

DMCA Policy

• Respecting Copyright: Tri-State Waterproofing follows the Digital Millennium Copyright Act (DMCA) and asks others to respect its intellectual property. If you believe that your copyright has been violated on the website, you can notify Tri-State Waterproofing by sending a DMCA takedown notice.
• How to File a DMCA Notice: If you think the content on the website infringes on your copyright, you must send Tri-State Waterproofing a detailed notice. The notice should include:

1. Your signature (physical or electronic).
2. Identification of the copyrighted material you believe has been infringed.
3. A description of where the infringing material is located on the website.
4. Your contact information (name, address, phone number, email).
5. A statement that you believe, in good faith, that the material is not authorized by law or the copyright owner.

• Misrepresentation: You must ensure your takedown notice is accurate. If you knowingly file a false notice, you could be held liable for damages. If you’re unsure whether content infringes your copyright, it’s best to consult an attorney before filing the notice.
• Sending a DMCA Notice: You can send your DMCA notice to [email protected]  with the subject line “DMCA Notice: (Your Name or Company Name).”
• Response to DMCA Notices: Tri-State Waterproofing will investigate and, if appropriate, remove or restrict access to the alleged infringing content. Tri-State Waterproofing may also contact the party who posted the content to inform them of the action taken.
• Disclosure of Infringement Notices: All received DMCA notices may be shared publicly in the Lumen database (previously known as the Chilling Effects Clearinghouse).

 

Disclaimers and Limitations of Liability

Have a look at the following:

 

No Warranties

• Tri-State Waterproofing makes no guarantees or warranties regarding the website. This includes no guarantees that the website meets your expectations or that the website will be error-free or uninterrupted.
• Tri-State Waterproofing disclaims any implied warranties such as:
  • Merchantability (suitable for general use),
  • Fitness for a particular purpose (meeting specific needs),
  • Non-infringement (not violating other parties’ rights).

• Tri-State Waterproofing is not liable for mistakes, errors, or failures related to the website, including interruptions, delays, or defects in content.

 

Limitation of Liability

• No Liability for Certain Damages: Tri-State Waterproofing is not responsible for any damages that result from using the website. This includes:
• Special, incidental, or consequential damages.
• Loss of data, privacy, or profits.
• Costs for replacing goods or services.
• Any damages caused by negligence, breach of contract, or other legal theories.
• Limitation on Claims: Tri-State Waterproofing’s liability to you is limited. You agree that this limitation of liability is reasonable, as the website could not be provided without these limitations.

 

Application of Disclaimers

• These disclaimers do not override other disclaimers in other agreements between you and Tri-State Waterproofing or its licensors.
• Some jurisdictions may not allow the exclusion of certain warranties or limitations on damages. Therefore, some of the disclaimers and limitations may not apply to you, depending on where you are located.
• No advice, either oral or written, received by you from Tri-State Waterproofing will change these disclaimers or limitations.

 

Indemnity by You

Your Responsibility for Indemnity

You agree to defend, indemnify, and hold harmless Tri-State Waterproofing, its affiliates, and their employees, officers, directors, and representatives (referred to as “Indemnitees”) from any claims, actions, demands, or legal proceedings (referred to as “Claims”). This includes covering legal fees and costs. You also agree to give Tri-State Waterproofing full control over the defense of any legal actions, including selecting legal counsel and handling settlement negotiations. You must indemnify Tri-State Waterproofing for any claims related to:

 

1. Your relationship with Tri-State Waterproofing (including contract, fraud, or misrepresentation).
2. Breaches of these Terms of Use by you, including any warranties or representations you made.
3. Your use of the website.
4. Any data or information you provide to Tri-State Waterproofing.
5. Violations of any laws or regulations (whether local, state, federal, or international).
6. Infringement of third-party copyrights, trademarks, or intellectual property rights by you.

 

Indemnitees’ Rights

The Indemnitees have the right, but not the obligation, to join the defense of any claim with their legal counsel. You cannot settle any claims without first obtaining Tri-State Waterproofing’s written consent.

 

Compensation for Specific Violations

You also agree to compensate Tri-State Waterproofing for any lost revenue, future lost profits, or other reasonable expenses caused by any violations of Section 7 (Objectionable Content, Defamation). This includes costs arising from fraudulent activities, such as manipulating affiliate advertising results, and any suspension of affiliate accounts or payments.

 

Notices

Tri-State Waterproofing will send any notices to the email address you provided or post them on the website. You agree that receiving a notice by email or via the website satisfies any legal requirements for written notice.

 

Your Responsibility for Correct Contact Information

It is your responsibility to ensure that the email address you have on file with Tri-State Waterproofing is accurate and up to date. Any notice sent to this email address will be considered delivered.

 

Sending Notice to Tri-State Waterproofing

To send a notice to Tri-State Waterproofing, you should email [email protected]  

 

General Terms

These Terms of Use constitute the complete agreement between you and Tri-State Waterproofing regarding your use of the website.

 

Partial Invalidity

If any part of these Terms of Use is found to be invalid or unenforceable by a court, the rest of the Terms will remain valid and enforceable.

 

Amendments

Tri-State Waterproofing may update or change these Terms of Use by posting the revised version on the website.

 

No Waiver

If either party waives any part of these Terms of Use or a breach in any instance, this will not waive the terms or any future breaches.

 

Assignment

You cannot transfer or assign your rights or obligations under these Terms of Use without Tri-State Waterproofing’s written consent. These Terms are binding on both parties and their successors or permitted assigns.

 

Governing Law and Arbitration

The laws of Georgia govern these Terms, and any disputes will be settled by arbitration in Lula, Georgia, before a single arbitrator. The arbitrationJAMS will handle arbitration under its Comprehensive Arbitration Rules. This clause does not prevent Tri-State Waterproofing from seeking legal action to protect its intellectual property rights in court.

 

Privacy Notice Overview

This document explains how Tri-State Waterproofing collects and processes personal data through its platform. The key principles we follow include:

• Accountability: We are responsible for protecting personal data.
• Transparency: We inform users about how we collect and use their data.
• Proportionality: We only collect data that is necessary for our purposes.
• Control: Users have control over their data and can manage how we contact them.
• Security & Retention: We apply security measures to protect data and only keep it as long as needed for its intended purposes.

 

Please read this Privacy Notice carefully. If you don’t agree with the terms, stop using the platform immediately.