Privacy Statement
Texas Reconstruction Company Inc. (herein referred to as TRC) appreciates your visiting our Web Site (herein referred to as the Site). We respect your privacy and believe the Site offers you and your family an opportunity to learn more about us. We have the following terms and conditions to help make your visit a pleasant one.
Terms and Conditions of Use
TRC grants you a non-exclusive, non-transferable, limited right to access, use and display the Site and the materials thereon for your personal use only, provided that you comply fully with these terms and conditions of use. You shall not interfere or attempt to interfere with the operation of the Site in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or other means expressly prohibited by any provision of these terms and conditions of use.
Changes to Terms and Conditions
TRC reserves the right, at its sole discretion, to change, modify, and/or remove any portion of these terms and conditions of use, in whole or in part, at any time. Your continued use of the Site after any changes to these terms and conditions of use are posted will be considered acceptance of those changes.
Ownership; Restrictions
TRC owns, controls, licenses or has the right to use and provide the Site and all material on the Site, including without limitation, text, images, articles, photographs, illustrations, audio and video clips, (collectively the "Content"). The Content is the copyrighted material of TRC as specified below.
You may not modify, create derivative works from, participate in the transfer or sale of, post on the World Wide Web, or in any way, exploit the Site or any portion thereof for any public or commercial use without the express written permission of TRC. You may download one copy of Content from the Site for your personal use, provided that you maintain all copyright, attribution and other notices contained in such Content, including, without limitation to, trademarks and service marks of TRC and their affiliates. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You are responsible for complying with all applicable laws, rules and regulations regarding your use of any such downloaded Content. In the event of any permitted copy, redistribution or publication of material from the Site, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made.
Acceptable Use Policy
As a condition of your use of this Site, you warrant to TRC that you:
- Will only use this Site for lawful purposes in accordance with our terms and conditions
- Agree with our online Privacy Policy
- Agree to honor our intellectual property rights
- Agree not to create a link (other than personal "bookmark" or "favorites" entry) to our Site without first obtaining our written permission
- Will refrain from using profane, vulgar, inflammatory, libelous or similarly discourteous language in any e-mail or form entry created through this Site
Indemnification
You shall indemnify, defend and hold harmless TRC and their
parent, subsidiary and other affiliated entities, and all
their officers, directors, owners, agents, employees,
Content providers, affiliates, licensors and licensees
(collectively, the "Indemnified Parties") from and against
any and all losses, damages, liabilities, and claims and all
fees, costs, expenses, of any kind related thereto
(including, without limitation, reasonable attorneys' fees)
incurred by the Indemnified Parties in connection with any
claim arising out of, based upon or resulting from your use
of the Site. TRC reserves the right, at your expense, to
assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, and you shall
not, in any event, settle any matter without the written
consent of TRC. TRC agrees to notify you of any claims as
soon as it becomes aware of your liability under this
provision.
Links to Other Web sites
The Site may contain links and pointers to the other related
World Wide Web Internet sites, resources, and sponsors of
the Site. Links to and from the Site to other third party
sites, maintained by third parties, does not constitute an
endorsement by TRC or any of its parent companies,
subsidiaries and affiliates of any third party resources or
their contents. Links do not imply that TRC or the Site
sponsors are affiliated or associated with or are legally
authorized to use any trademark, trade name, logo or
copyright symbol displayed in or accessible through the
links, or that any linked sites are authorized to use any
trademark, trade name, logo or copyright symbol of TRC or
any of its affiliates. You should direct any concerns
regarding any external link to its site administrator or
Webmaster. TRC does not represent or endorse the accuracy
or reliability of any advice, opinion, statement, or other
information displayed or distributed through the Site. You
acknowledge that any reliance upon any such opinion, advice,
statement, memorandum, or information shall be at your sole
risk. TRC reserves the right, in its sole discretion, to
correct any errors or omissions in any portion of the Site.
Disclaimer of Warranties and Damages; Limitation of
Liability
The site, including all content, software, functions,
materials and information made available on or accessed
through the site, is provided on an "as is," "as available"
basis without representations or warranties of any kind
whatsoever express or implied, including without limitation,
non-infringement, merchantability or fitness for a
particular purpose. Neither TRC nor its content providers
warrant that the functions, features or Content contained in
the site will be uninterrupted or error free, that defects
will be corrected, or that any other site or the server that
makes it available is free of viruses or other harmful
components; nor do they make any warranty or representation
as to the accuracy or reliability of the site, the content
thereof, the materials, information and functions made
accessible by the software used on or accessed through the
site, any products or services or hypertext links to third
parties or for any breach of security associated with the
transmission of sensitive information through the site or
any linked site. TRC AND ITS PARENT, SUBSIDIARY AND
AFFILIATED COMPANIES MAKE NO WARRANTIES AND SHALL NOT BE
LIABLE FOR THE USE OF THE SITE, INCLUDING WITHOUT
LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN
UNDER ANY DIRECT OR INDIRECT CIRCUMSTANCES. BY USING THIS
SITE, YOU HEREBY WAIVE ANY AND ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PURPOSE. ETC. By using this
site or the Contents, you hereby specifically waive any and
all claims against TRC and its parent, subsidiary and
affiliated companies arising out of the use of this site and
the Contents, including, but not limited to any CLAIMS
ASSERTING ANY DAMAGE FOR THE SOLE, CONCURRENT OR COMPARATIVE
NEGLIGENCE OF TRC OR ITS PARENT, SUBSIDIARY AND AFFILIATED
COMPANIES. If you are dissatisfied with the Contents, site
or any materials on the site, your sole remedy is to
discontinue using the site.
UNDER NO CIRCUMSTANCES SHALL TRC, ITS PARENT,
SUBSIDIARY, OR AFFILIATED COMPANIES OR THEIR
REPRESENTATIVES, EMPLOYEES, OFFICERS, OR CONTENT PROVIDERS
BE LIABLE FOR ANY PUNITIVE SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF CONTRACT, IMPLIED
WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL
OR EQUITABLE THEORY THAT ARE DIRECTLY OR INDIRECTLY RELATED
TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT,
MATERIALS AND FUNCTIONS IN THE SITE, INCLUDING WITHOUT
LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST
BUSINESS, EVEN IF SUCH ENTITIES OR AN AUTHORIZED
REPRESENTATIVE THEREOF HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
You hereby expressly waive any such claims by your use of
this site. Some states do not allow the exclusion or
limitation of incidental or consequential damages, so the
above limitation or exclusion may not apply to you. In no
event shall the total liability of TRC, its parent
companies, subsidiaries and affiliates to you for all
damages, losses, and causes of action (whether in contract
or tort, including, but not limited to, negligence or
otherwise) arising from these terms and conditions of use or
your use of the site exceed, in the aggregate, $100.
Non-United States Residents
TRC makes no representation that materials in the Site,
including merchandise offered for sale on the Site and their
copyrights, trademarks, patents, and licensing arrangements,
are appropriate or available for use in locations other than
the United States. Those who choose to access this Site from
other locations outside of the U.S. do so on their own
initiative and are responsible for compliance with local
laws, if and to the extent local laws are applicable.
General Provisions
THESE TERMS AND CONDITIONS OF USE SHALL BE GOVERNED BY AND
CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS,
WITHOUT REGARD TO CONFLICT OF LAW PROVISIONS. THE SOLE AND
EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING
OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OF USE SHALL
BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN TARRANT
COUNTY IN THE STATE OF TEXAS AND YOU HEREBY IRREVOCABLY
CONSENT TO THE JURISDICTION OF SUCH COURTS BY THE USE OF
THIS SITE.
If, for any reason, a court of competent jurisdiction finds
any provision of these terms and conditions of use, or
portion thereof, to be unenforceable, that provision shall
be enforced to the maximum extent permissible so as to
affect the intent of these terms and conditions of use, and
the remainder of these terms and conditions of use shall
continue in full force and effect. These terms and
conditions of use constitute the entire agreement between
you and TRC with respect to the subject matter hereof, and
supersede all previous written or oral agreements between
the parties with respect to such subject matter. No waiver
by either you or TRC of any breach or default hereunder
shall be deemed to be a waiver of any preceding or
subsequent breach or default. The section headings used
herein are for convenience only and shall not be given any
legal import. "TRC" as used herein shall mean TRC.
PRIVACY POLICY
TRC has created this privacy statement in order to
demonstrate our firm commitment to our visitors' and
customers' privacy. The following discloses our information
gathering and dissemination practices for this web site:
www.texasreconstruction.com
Personal and Non-Personal Information
When registering at our Site, entering a contest, or
responding to a survey, you may be asked to provide certain
personally identifiable information about yourself, such as
your name, email address, physical address, or telephone
number.
We use personal information provided on order forms, such as
a purchaser's name, email address, physical address, and
credit card, to fulfill service requests. We may also use
service request information to contact a purchaser when
necessary, such as when services may be delayed. TRC may
use personal information to notify consumers about new
products or services. If we do, we will provide you with an
email address by which you may inform us that you do not
wish to receive such materials in the future. TRC will not
share any personal information without your permission with
any unaffiliated third parties, unless required by law.
We may also request non-personally identifiable information,
such as annual income, buying preferences, or age, also
known as demographic and profile data, though this
information is optional. We may use this data to improve our
Site and enhance your customer experience. For example, we
may use this data to tailor your experience at our Site,
showing you Content that we think you might be interested
in, and displaying Content according to your preferences. We
may also share this information with others, such as
advertisers interested in advertising on TRC’s Site, in
aggregate, anonymous form, which means that the information
will not contain any personally identifiable information
about you or any other person.
Cookies
"Cookies" are pieces of information that are placed on an
individual's computer hard drive to enable the individual to
more easily communicate and interact with the Site. TRC may
use cookies to customize your shopping experience, to keep
track of your shopping cart and to make sure you don't see
the same ad repeatedly. We use cookies to deliver Content
specific to your interests, to save your password (if you
have registered with us) so you do not have to re-enter it
each time you visit our Site, and for other purposes.
However, you may disallow cookies through your web browser
and still shop on our Site. TRC will never use cookies to
retrieve information from a computer that is unrelated to
TRC’s Site or your interaction with TRC’s Site.
Internet Protocol (IP) Address
We may use your IP address to help diagnose problems with
our server, and to administer our Site. Your IP address is
used to help identify you and your shopping cart for the
duration of a session and to gather broad demographic
information.
Consent to Processing
By providing any personal information to this Site, you
fully understand and unambiguously consent to the collection
and processing of such information in the United States.
Other Sites
Our Site may contain links to other sites. Other sites may
also reference or link to our Site. TRC is not responsible
for the privacy practices or the content of such other
sites.
Supplemental Information
We may supplement the information that you provide to us
with information that is received from third parties.
Choice/Opt-Out
If we ever send you information by email concerning new TRC
products or services, we will provide you with an email
address by which you may request no future notices.
Correct/Update
If you have registered with us, you may review your account
information online for accuracy and make updates.
Your Acceptance of this Policy
By using this Site, you signify your assent to our Privacy
Policy. If you do not agree to this policy, please do not
use our Site. We reserve the right, at our discretion, to
change, modify, add, or remove portions from this policy at
any time. Your continued use of our site following the
posting of changes to these terms means you accept these
changes.
COPYRIGHT AND TRADEMARK NOTICE
Copyright 2009 by TRC. All Rights Reserved. All materials
contained on this Site are subject to the ownership rights
of TRC. TRC hereby authorizes you to make a single copy of
the content herein for your use in learning about,
evaluating, or scheduling TRC's services. You agree that
any copy made must include TRC's copyright notice. No other
permission is granted to you to print, copy, reproduce,
distribute, transmit, upload, download, store, display in
public, alter, or modify the content contained on this Web
Site.
This Site also contains trademarks of TRC, which are
protected under United States and International Trademarks
laws. Use of such marks without TRC's written permission is
strictly prohibited