Terms Of Service

Terms of Use

Welcome to https://thirdcoastmarinegroup.com/ (together with any related websites, the "Site"). The Site is owned and operated by Third Coast Marine, . ("Third Coast Marine"). Please read these Terms of Use ("Terms") carefully before using the Site. By accessing or using the Site or any of the content on the Site you agree to be legally bound by these Terms. If you do not accept these Terms, do not use the Site or any of its Content (defined below).You represent to Third Coast Marine that you are lawfully able to enter into contracts (e.g., you are not a minor). If you are entering into these Terms for an entity, such as the company you work for, you represent that you have authority to bind that entity and you agree that "you" as used in these Terms includes both you personally and the entity you represent. You and Third Coast Marine are collectively referred to as the "Parties" and each is a "Party".

Subscription Agreement.

These Terms do not govern the use of the digital customer loyalty program service as well as other services (the "Service") operated by Third Coast Marine. If you are accessing or using the Service, then you are subject to Third Coast Marine's Subscription Agreement (currently available at https://info.thirdcoastmarinegroup.com/subscription-agreement, or such other written contract as may be separately agreed and signed between you and Third Coast Marine.

Third Coast Marine Content.

The Site contains HTML, applications, messages, text, files, images, photos, video, sounds, profiles, works of authorship and other content (collectively, "Content") of Third Coast Marine or its licensors ("Third Coast Marine Content"). The Site (including the Third Coast Marine Content) is protected by copyright, trademark, trade secret and other laws; and as between you and Third Coast Marine, Third Coast Marine owns and retains all rights in the Site and the Third Coast Marine Content. Third Coast Marine hereby grants to you a limited, revocable, non-sublicensable license to access, display and perform the Third Coast Marine Content (excluding any computer code) solely for your personal, non-commercial use and solely as necessary to access and use the Site. Except as expressly permitted by Third Coast Marine in these Terms or on the Site, you may not copy, download, stream, capture, reproduce, duplicate, archive, upload, modify, translate, create derivative works based upon, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use or transfer any Third Coast Marine Content. You may not, either directly or through the use of any device, software, online resource or other means, remove, alter, bypass, avoid, interfere with or circumvent any copyright, trademark or other proprietary notice on the Third Coast Marine Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Third Coast Marine Content.

Trademarks.

The trademarks, logos and service marks ("Marks") displayed on the Site are the property of Third Coast Marine or other third parties. You are not permitted to use these Marks without the prior written consent of Third Coast Marine or such third party.

Third-Party Services.

The Site may make available, or third parties may provide, links to other websites, applications, resources, advertisements, Content or other products or services created, hosted or made available by third parties ("Third-Party Services"), and such third parties may use other third parties to provide portions of the Third-Party Service to you, such as technology, development or payment services. When you access or use a Third-Party Service, you are interacting with the applicable third party, not with Third Coast Marine, and you do so at your own risk. Third Coast Marine is not responsible for, and makes no warranties, express or implied, as to, the Third-Party Services or the providers of such Third-Party Services (including without limitation the accuracy or completeness of the information provided by such Third-Party Service or the privacy practices of any third party). Inclusion of any Third-Party Service or a link thereto on the Site does not imply approval or endorsement of such Third-Party Service. Third Coast Marine is not responsible or liable for the Content or practices of any Third-Party Service or third party, even if such Third-Party Service links to, or is linked by, the Site.

Privacy.

Please review Third Coast Marine's Privacy Policy for the Site ("Privacy Policy"), available at https://info.thirdcoastmarinegroup.com/privacy-policy, to learn about Third Coast Marine's information collection, usage and disclosures practices with respect to information collected by Third Coast Marine through the Site.

Acceptable Use.

Your use of the Site is subject to Third Coast Marine's Acceptable Use Policy available https://info.thirdcoastmarinegroup.com/acceptable-use-policy Third Coast Marine is not responsible or liable for any user Content or conduct on the Site. If you become aware of any misuse of the Site, please report such misuse immediately to Third Coast Marine at [email protected].

Compliance with Laws.

You represent that, in agreeing to, and performing under, these Terms, you are not violating, and will not violate, any governmental laws, rules, regulations or orders that are applicable to your use of the Site ("Applicable Laws"). Without limiting the foregoing, you represent that, in connection with your performance under these Terms, you shall: (a) comply with Applicable Laws relating to anti-bribery and anti-corruption, which may include the US Foreign Corrupt Practices Act of 1977 and the UK Bribery Act 2010; (b) comply with Applicable Laws administered by the U.S. Commerce Bureau of Industry and Security, U.S. Treasury Office of Foreign Assets Control or other governmental entity imposing export controls and trade sanctions ("Export Laws"), including designating countries, entities and persons ("Sanctions Targets"); and (c) not directly or indirectly export, re-export or otherwise deliver any Third Coast Marine software, content or services to a Sanctions Target, or broker, finance or otherwise facilitate any transaction in violation of any Export Laws. You represent that you are not a Sanctions Target or prohibited from receiving Third Coast Marine software, content or services pursuant to these Terms under Applicable Laws, including Export Laws.

Global Availability.

Third Coast Marine controls the Site from Florida, US offices. If you use this website from other locations, you are responsible for compliance with local Applicable Laws. Third Coast Marine makes no representation that the products and services referenced herein are appropriate, or available, worldwide.

Indemnity.

You agree to defend, indemnify and hold harmless Third Coast Marine, its affiliates and their respective employees, contractors, agents, officers and directors from and against any and all claims, damages, obligations, losses, liabilities, costs, debt or expenses (including without limitation attorneys' fees) arising out of or related to any claim, suit, action or proceeding by a third party arising out of or relating to your use of the Site, breach of these Terms (including any Third Coast Marine policy referenced in these Terms), violation of law, or any Content that you post, upload or cause to interface with the Site, or otherwise transfer, process, use or store in connection with the Site.

Disclaimers.

THE SITE AND ALL CONTENT AND OTHER ITEMS MADE AVAILABLE BY Third Coast Marine ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. Third Coast Marine ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (i) ERRORS, MISTAKES OR INACCURACIES OF DATA OR INFORMATION POSTED, DISPLAYED, PUBLISHED OR MADE AVAILABLE FOR DOWNLOAD OR USE ON THE SITE, (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM USE OF THE SITE, (iii) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, OR (iv) THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY NOT UNDER Third Coast Marine'S CONTROL.

Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (a) IN NO EVENT SHALL Third Coast Marine, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING TO THE SITE; AND (b) IN NO EVENT SHALL Third Coast Marine'S CUMULATIVE AND AGGREGATE LIABILITY UNDER THESE TERMS EXCEED TWO HUNDRED U.S. DOLLARS. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Responsibility for End Users.

You are responsible for violations of these Terms by anyone using the Site with your permission or using your account on an unauthorized basis. Your use of the Site to assist another person in an activity that would violate these Terms if performed by you is a violation of these Terms. These Terms applies to anyone accessing or using the Site; however, each provision in these Terms shall be interpreted to include, and apply to, any action directly or indirectly taken, authorized, facilitated, promoted, encouraged or permitted by a user of the Site, even if such person did not themselves violate the provision.

Termination and Monitoring.

13.1. If you violate these Terms, Third Coast Marine may suspend or terminate your use of the Site. Third Coast Marine's right to suspend or terminate your use of Site applies even if a breach is committed unintentionally or without your authorization if Third Coast Marine believes that suspension or termination is necessary to ensure compliance with Applicable Laws or to protect the rights, safety, privacy, security or property of Third Coast Marine, its customers or third parties.

13.2. Third Coast Marine reserves the right, but does not assume the obligation, to investigate any violation of these Terms or misuse of the Site. Third Coast Marine has the right in its sole discretion to edit, refuse to post or remove any Content posted, displayed, published or made available for download or use on the Site that Third Coast Marine finds to be in violation of these Terms. Third Coast Marine may report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Such reporting may include disclosing appropriate customer data. Third Coast Marine also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations.

Electronic Communications.

When you visit the Site or send emails to Third Coast Marine, you are communicating with Third Coast Marine electronically; and you consent to receive communications from Third Coast Marine electronically. Third Coast Marine will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that Third Coast Marine provides to you electronically satisfy any legal requirement that such communications be in writing.

SMS/Text Messaging Program.

15.1. Program Description. Third Coast Marine operates an SMS/text messaging program to communicate with customers, prospects, and team members regarding its services and business operations. By providing your phone number and consenting to receive text messages from Third Coast Marine, you may receive messages related to the following use cases:

(a) Online Form Confirmation: Customers receive an SMS confirmation after submitting forms through the Third Coast Marine website, ensuring prompt communication and setting response time expectations.

(b) Missed Call Text Back: Customers receive an SMS message if Third Coast Marine missed their call, ensuring prompt communication and customer priority.

(c) Post-Purchase Confirmations: Customers receive SMS confirmations detailing their transaction, delivery dates, and contact information, reinforcing trust.

(d) Appointment Reminders: Third Coast Marine sends SMS reminders before appointments, reducing no-shows and delays.

(e) Customer Feedback Solicitation: SMS messages invite customers to provide feedback or participate in promotions, increasing engagement.

(f) E-Invoice Links: Customers receive SMS links to invoices, promoting a paperless process and timely payments.

(g) Direct Marketing via SMS: Targeted SMS campaigns inform customers about exclusive offers, enhancing sales and loyalty.

(h) Reactivating Inactive Customers: SMS messages re-engage inactive customers with tailored offers, boosting retention.

(i) Client Interaction Efficiency: SMS is used to speed up customer service responses, improving satisfaction.

(j) Internal SMS Alerts: Team members receive SMS updates on meetings and emergencies, ensuring a proactive workplace.

(k) Two-Factor Authentication (2FA) Security: SMS-based 2FA secures logins and transactions, protecting user data.

(l) SMS Policy Transparency: Each message includes a disclaimer and opt-out option, honoring customer preferences.

15.2. Opt-In. End users opt in to receive SMS messages from Third Coast Marine via Website Form by visiting the Third Coast Marine website and completing a form that collects their phone number. Users can optionally select a consent checkbox to agree to receive SMS messages. Users may also opt in by calling Third Coast Marine's business phone number or by texting Third Coast Marine directly.

15.3. Opt-Out. You may opt out of receiving SMS/text messages at any time by texting STOP to any message you receive from Third Coast Marine. After sending STOP, you will receive a one-time confirmation message and no further text messages will be sent unless you re-subscribe. You may also opt out by contacting Third Coast Marine at (850) 792-8040 or [email protected] to request removal from the messaging program.

15.4. Message and Data Rates. Standard message and data rates may apply to all text messages sent to and received from Third Coast Marine. Message frequency varies based on your interactions with Third Coast Marine. Your mobile carrier's standard messaging and data rates apply. Please contact your carrier for details about your specific plan and any charges that may apply. Third Coast Marine is not responsible for any messaging or data charges imposed by your mobile carrier.

15.5. Carrier Liability Disclaimer. Third Coast Marine and mobile carriers, including but not limited to AT&T, Verizon, T-Mobile, and all other carriers, are not liable for delayed or undelivered messages. Message delivery is subject to effective transmission by your mobile carrier and network availability. Carriers are not responsible for the content of any messages sent through the Third Coast Marine SMS program. Third Coast Marine makes no guarantees regarding the timeliness or delivery of text messages, as delivery is dependent on your carrier's network and transmission capabilities.

15.6. Help. For help or questions regarding the SMS messaging program, text HELP to any message received from Third Coast Marine or contact Third Coast Marine directly at (850) 792-8040 or [email protected].

15.7. Age Restriction. You must be 18 years of age or older to use the Third Coast Marine SMS messaging program. By opting in to receive text messages, you confirm that you are at least 18 years old.

15.8. Privacy. Your use of the SMS messaging program is also governed by Third Coast Marine's Privacy Policy, available at https://info.thirdcoastmarinegroup.com/privacy-policy. Third Coast Marine does not sell, share, or disclose your phone number or SMS opt-in consent information to any third parties or affiliates for their marketing purposes.

Modifications.

Third Coast Marine may modify these Terms at any time by posting a revised version on the Site. By accessing the Site, you agree to the latest version of these Terms.

Governing Law.

This Agreement will be interpreted, construed and enforced in all respects in accordance with the laws of the State of Florida, without reference to its choice of law principles. Any legal action or proceeding arising under or relating to this Agreement shall be brought exclusively in the state or federal courts located in Okaloosa County, State of Florida, USA, and the Parties expressly consent to personal jurisdiction and venue in those courts.

Miscellaneous.

These Terms constitute the complete and exclusive statement of the agreement between the Parties and supersede all proposals, oral or written, and all other communications between the Parties relating to the subject matter of these Terms. In the event any information posted on the Site from time to time conflicts with any provision of these Terms, the applicable provision of these Terms shall control. Any terms and conditions of any other instrument issued by you in connection with these Terms which are in addition to, inconsistent with or different from these Terms shall be of no force or effect. These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Third Coast Marine. You may not assign, transfer or sublicense all or any of your rights or obligations under these Terms without Third Coast Marine's express prior written consent. Third Coast Marine may assign, transfer or sublicense all or any of Third Coast Marine's rights or obligations under these Terms without restriction. The failure of Third Coast Marine to exercise or enforce any condition, term or provision of these Terms will not operate as a waiver of such condition, term or provision. Any waiver by Third Coast Marine of any condition, term or provision of these Terms shall not be construed as a waiver of any other condition, term or provision. If any provision of these Terms is held invalid or unenforceable, the remainder of these Terms shall continue in full force and effect. You agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Third Coast Marine will not be responsible for failures to fulfill any obligations due to causes beyond its control. Non-English translations of these Terms are provided for convenience only. In the event of any ambiguity or conflict between translations, the English version is authoritative and controls.

Contact.

Please contact Third Coast Marine at [email protected] with any questions regarding these Terms.