Website Terms of Service and Conditions

THE SECTION BELOW ENTITLED “WAIVER OF TRIAL BY JURY” PROVIDES THAT BY YOUR USE OF THE WEBSITE OR ONLINE SERVICES YOU WAIVE YOUR RIGHT TO TRIAL BY JURY.  IT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT.

Welcome to our website coastalone.com (the "Website"), which is owned and operated by Coastal Construction Products, LLC, a Florida limited liability company ("Company" or "We" “us,” or “our”). These terms of use (“Terms”) govern the Website, and all content, information features, functionality, and offers made available through the Website (the “Online Services”). The Website provides you the ability to order products online.

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING AND USING THE WEBSITE AND ONLINE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU SHOULD NOT VISIT THE WEBSITE OR USE THE ONLINE SERVICES.

We use Billtrust’s online e-commerce platform to sell our products to you on our Website. Accordingly, Billtrust is a third-party service provider of our Website and Online Services.

1. MODIFICATIONS.  We may update, change, modify, or revise these Terms at any time and for any reason. Any changes will become effective upon posting to the Website, along with the date on which it was most recently revised as indicated by the “Last Modified” heading at the top of these Terms. Your continued access to and use of the Website and Online Services after any such modifications constitute your acceptance of the Terms as modified. It is your responsibility to review the Terms regularly for updates. Please contact us as provided in the Contact Us section below if you would like information regarding any modifications. If any modification to these Terms is held to be invalid, void, or unenforceable for any reason, such modification shall be deemed severable and shall not affect the validity and enforceability of these Terms and the remaining provisions.

1. PERMISSION TO USE THE WEBSITE
   1. You are granted a non-exclusive, non-transferable, revocable, limited right and license to access and use the Website and Online Services solely to access and use the Website for the limited purpose of viewing our products, making purchases, and taking advantage of the other services offered on the Website.
   2. Except as permitted herein, you may not distribute, modify, copy, transmit, display, reuse, reproduce, publish, license, create derivative works from, transfer, sell or otherwise use any contents of this Website without the Company’s prior written permission.
   3. You are prohibited from using the Website to post or transmit any virus, work, Trojan Horse, spy ware, or other computer code, file, program, or “malware” that is harmful or invasive or may or is intended to damage, inhibit, or hijack the operation of, or monitor the use of, any hardware, software, or other equipment.
   4. You are prohibited from using the Website to violate the legal rights of others or collect personally identifiable information about users of the Website. You are prohibited from restricting or inhibiting any other person from use of the Website, and from interfering with or disrupting the operation or performance of the Website or the servers or networks used to make the Website available.
   5. To place an order for products from our Website, you must be at least 18 years of age or older. We will not ship merchandise to anyone who we know or reasonably believe to be under the age of 18.

1. SITE CONTENT AND ORDERS. 
   1. Please understand that we have made every effort to display the products featured on our Website as accurately as possible. However, the colors we use, as well as the display and color capabilities of your particular computer monitor, will affect the colors you actually see on the screen. The Company is not responsible for the limitations of your monitor and cannot guarantee that your monitor's display of any color, texture, or detail of merchandise will be accurate.  All orders shall be subject to our Sales Terms and Conditions.
   2. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation. For example, in the event a product is listed at an incorrect price, the Company shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will promptly issue a credit to your credit card account in the amount of the incorrect price. We apologize for any inconvenience this may cause you. We reserve the right, at our sole discretion, to limit the quantity of items purchased and to prohibit sales to dealers. Prices are subject to change at any time.

1. CREATING AN ACCOUNT.  When you buy products from the Website you have the option to create a user account. In connection therewith, you agree to provide and maintain true, accurate, current, and complete information about yourself. You are responsible for maintaining the confidentiality of the information you hold for your account login, including your password, and for all orders made from your account. You agree to notify the Company immediately of any unauthorized use of your login. The Company shall not be liable for any loss or damage arising from your failure to comply with these obligations. Please note that you do not need to create a user account to order products from the Website, however, doing so has certain advantages including the ability to recall your order history, track the status of a yet undelivered order, and to avoid having to type in certain information when you make an order.  The Company may use a credit card tokenization system so that the token is saved on the Company’s network rather than your credit card data.
2. SHIPPING AND RETURNS.  If you have any questions about the shipping and return of products that you have purchased from the Website, click here for our Sales Terms and Conditions.

1. INTELLECTUAL PROPERTY RIGHTS.
   1. The Website, Online Services, and all Company software, systems, technology, and know-how (“Company Technology”) are owned by or licensed to the Company and are protected by copyright, trademark, trade dress, patent, and other intellectual property rights and proprietary rights. All trademarks, trade names, graphics, logos, and trade dress for the products and those included in or made available through the Website and Online Services are owned by or licensed to the Company and protected by U.S. and international trademark laws (collectively, the “Marks”). You agree that the Company or Company’s licensors own and retain all right, title and interest (including all intellectual property rights) in and to the Website, Online Services, Marks, and Company Technology (collectively, the “Company Intellectual Property”), and that no interest therein is transferred to you except for a limited, personal right to use such solely in connection with the Website and Online Services.
   2. Except as expressly set forth herein, nothing herein shall be construed to confer any grant or license of any Company Intellectual Property Rights, whether by estoppel, by implication, or otherwise. You are strictly prohibited from using any Company Intellectual Property except as expressly provided in these Terms. You are also advised that the Company and Company’s licensors will aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking criminal prosecution.
   3. All button icons, images, and software are either owned or used with permission by the Company. The Website is protected by copyright, trademark, trade dress, intellectual property and other applicable laws. All worldwide rights are reserved.

1. PRIVACY POLICY.  Please review our Privacy Policy as posted on the Website (the “Privacy Policy”) to understand the Company’s privacy practices regarding your use of the Website.

 RESTRICTIONS ON USE. You agree not to:

(1)       reproduce, distribute, publicly display, or otherwise transfer the Website or Online Services;

(2)       adapt, alter, modify, reverse engineer, disassemble, or decompile the Website, Online Services, or any Company Technology;

(3)       prepare derivative works based on the Website, Online Services, or any Company Technology;

(4)       remove, obscure, or modify any copyright, trademark or other proprietary rights notices, marks or labels contained on or within the Website, Online Services, products, any Company Technology;

(5)       frame, mirror, or in-line link the Website or Online Services, or incorporate into another website, application, or other service any Company Intellectual Property;

(6)       use the Website, Online Services, or the any Company Technology for any unlawful, fraudulent, or malicious purposes, or to solicit any such activity;

(7)       attempt to gain unauthorized access to any accounts, features, systems, or networks through hacking, password mining, or any other means;

(8)       interfere with any access control measures or attempt to disable or circumvent such security features;

(9)       post, transmit, submit, or include any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable content, material, or information of any kind, or any content, material, or information that may give rise to criminal or civil liability;

(10)    submit or post any false or misleading information; or

(11)    violate, infringe, or misappropriate the intellectual property, publicity, privacy, or other proprietary rights of the Company, it's licensors, or any other person or entity.

We reserve the right to prohibit or remove any access ability, use, conduct, communications, or content that the Company, in Company’s sole discretion, deems to be harmful to the Website, the Online Services, users, the Company, our brand, our business partners and licensors, or any other person or entity, or that violates these Terms or applicable law

Any unauthorized use automatically terminates the license granted to you hereunder.

VIOLATION OF THESE TERMS AND REMEDIES.  The Company may, in its sole discretion and without prior notice, block or terminate your access to the Website and Online Services if we determine that you have violated these Terms or other terms or agreements or that may be associated therewith. You hereby agree that any violation, or threatened violation, by you of these Terms will cause irreparable harm to the Company, and therefore you agree that the Company shall be entitled to injunctive or equitable relief, in addition to any other available remedies.

USER COMMENTS AND SUBMISSIONS.  You are welcome to submit comments and input about our Website and products. However, any comments, ideas, questions, feedback, notes, messages, suggestions or other communications (collectively "Comments") sent to the Company shall be and remain the exclusive property of the Company. If you submit any Comments to us, such submission shall constitute an assignment to the Company of all worldwide rights, titles and interests in all copyrights, patent rights, and other intellectual property rights in the Comments. The Company will be entitled, without any consideration or acknowledgement of you in any way, to use, modify, reproduce, disclose, publish and distribute, or delete any Comments you submit for any purpose whatsoever, without restriction. For the avoidance of doubt, you should understand that under no circumstances will you receive any compensation in any way based on submitting any Comments. For this reason, you should not send us any Comments that you do not wish to assign to us, including without limitation any confidential information or any original creative materials such as product ideas, designs, inventions, computer code, stories or original artwork.

ELECTRONIC COMMUNICATION.  When you visit or use the Website or Online Services, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing and are deemed to be given and received on the date we transmit any such electronic communication.

 LINKS TO OTHER WEBSITES AND SERVICES.

1. This Website may contain links to other websites and social media pages that are not under the control of the Company (“Linked Sites”). The Company has no responsibility for the Linked Sites. Links do not imply that we sponsor, endorse, are affiliated with or associated with, or are legally authorized to use any trademark, trade name, service mark, design, logo, symbol, or other copyrighted materials displayed on or accessible through any Linked Site. The Company provides the links solely for the convenience and information of its Website users. The Company assumes no responsibility for consequences resulting from use of the information contained herein, or from use of the information obtained at Linked Sites, or in any respect for the content of such information. The Company is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of use of, reference to, or reliance on such information.
2. This Website also offers you the opportunity to share certain information about our products on certain Linked Sites such as Facebook and Twitter. Your posting of content from the Website to these or any other social media website is governed by the terms of use of that website. It is possible that certain images may be licensed to the Company for limited use that may not include using those images on other websites. We make no warranties or representations that the content made available here can be posted on those sites in accordance with their terms and you acknowledge that you are responsible for any legal liability that may arise if you post images to social media websites and such use is later determined to not be a fair use.

 DISCLAIMER; LIMITATIONS OF LIABILITY.

1. THE COMPANY AND ITS THIRD-PARTY SERVICE PROVIDERS PROVIDES THE WEBSITE AND ONLINE SERVICES "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. THE COMPANY EXPRESSLY DISCLAIMS ANY DUTY TO UPDATE OR REVISE THE WEBSITE OR ONLINE SERVICES. THE COMPANY MAY MODIFY THE WEBSITE AND ONLINE SERVICES AT ANY TIME WITHOUT NOTICE. BY YOUR USE OF THE WEBSITE, YOU ASSUME ALL RISK FOR YOUR USE OF THE WEBSITE AND ONLINE SERVICES THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE WEBSITE.
2. IN NO EVENT SHALL THE COMPANY OR ANY OF ITS AFFILIATED ENTITIES, THIRD-PARTY SERVICE PROVIDERS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION, UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE WEBSITE OR ONLINE SERVICES, EVEN IF THE COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, LIABILITIES, COSTS OR EXPENSE (INCLUDING ATTORNEY FEES AND COSTS) ARISING FROM THE WEBSITE, ONLINE SERVICES OR THESE TERMS, EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCTS.
3. These limitations shall apply notwithstanding any failure of essential purpose or the existence of any limited remedy.

INDEMNIFICATION.  You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and third-party service providers from and against any and all claims, causes of action, damages, losses, liabilities, costs and expenses (including, without limitation, Attorney Fees (defined hereinbelow) and costs arising from your breach of these Terms.

GENERAL PROVISIONS.  If, for any reason, a court of competent jurisdiction finally determines any provision of these Terms, our Privacy Policy, or any portion thereof to be unenforceable, such provision shall be enforced to the maximum extent permissible so as to give the intended effect thereof, and the remainder of these Terms, the Privacy Policy, and all Company policies, including but not limited to the Sales Terms and Conditions, shall continue in full force and effect. The Company’s failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent or similar breaches. No consent or waiver by the Company will be deemed effective unless in writing. These Terms, together with our Privacy Policy, our Sales Terms and Conditions and all Company policies, including but not limited to shipping and return policies, as each is currently posted on the Website, constitute the entire agreement between the Company and you with respect to your use of the Website and the Online Services and supersede all previous written or oral agreements relating to the subject matter hereof.  To the extent of any conflict between the terms of these Terms, and the terms of the Sales Terms and Conditions, the terms of the Sales Terms and Conditions shall control. 

GOVERNING LAW.  These Terms shall be construed in accordance with the laws of the State of Florida without regard to any conflict of law provisions. Any dispute arising under these Terms or in connection with your use of the Website shall be resolved exclusively by the state or federal courts located in Duval County, Florida. The United Nations Convention of Contracts for International Sale of Goods, Uniform Commercial Code, and the Uniform Computer Information Transaction Act shall not apply to these Terms or the Online Services.

ATTORNEYS’ FEES AND COSTS.  In the event of a dispute arising from these Terms, the Website, the Online Services, the Privacy Policy, the Sales Terms and Conditions, or in any litigation between you and the Company, the prevailing party shall be entitled to recover its reasonable attorneys’ and paralegals’ fees (“Attorney Fees”), and costs, incurred in such dispute prior to, during, or after litigation or alternative dispute resolution, including appeals, bankruptcy, pre-judgment collection and post-judgment collection, and in litigating entitlement to and amount of Attorney Fees and costs.  This provision shall survive judgment, shall not be extinguished by or merged with the judgment, and the prevailing party is entitled to all such fees and costs incurred during post-judgment collection.

WAIVER OF TRIAL BY JURY.  BY YOUR USE OF THE WEBSITE OR ONLINE SERVICES, YOU AND THE COMPANY HEREBY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THE WEBSITE, THE ONLINE SERVICES, THESE TERMS, THE PRIVACY POLICY, ANY TRANSACTION BETWEEN YOU AND THE COMPANY AND ANY DOCUMENT EXECUTED IN CONNECTION THEREWITH, OR OUT OF THE CONDUCT OF THE RELATIONSHIP BETWEEN THE PARTIES, WHETHER NOW EXISTING OR HEREAFTER ARISING, AND WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE.  THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE COMPANY TO GRANT A LICENSE TO USER FOR THE USE OF THE WEBSITE AND THE ONLINE SERVICES.  NO REPRESENTATIVE OR AGENT OF THE PARTIES, NOR THE PARTIES’ COUNSEL, HAS THE AUTHORITY TO WAIVE, CONDITION OR MODIFY THIS PROVISION. THE PARTIES AGREE THAT ANY OF THEM MAY FILE A COPY OF THIS PARAGRAPH WITH ANY COURT AS WRITTEN EVIDENCE OF THE KNOWING, VOLUNTARY AND BARGAINED-FOR AGREEMENT AMONG THE PARTIES IRREVOCABLY TO WAIVE TRIAL BY JURY AND THAT ANY ACTION OR PROCEEDING WHATSOEVER BETWEEN THEM RELATING TO THIS AGREEMENT, ANY TRANSACTION CONTEMPLATED, ANY DOCUMENT EXECUTED IN CONNECTION HEREWITH OR OUT OF THE CONDUCT OF THE RELATIONSHIP BETWEEN THE PARTIES HEREBY SHALL INSTEAD BE TRIED IN A COURT OF COMPETENT JURISDICTION BY A JUDGE SITTING WITHOUT A JURY.

 CONTACT US. 

If you have any comments or questions about these Terms or our Privacy Policy, you may contact us at:

Coastal Construction Products, LLC

3401 Philips Highway

Jacksonville, FL 32207

Or email us at:  support@coastalone.com