EFFECTIVE August 12, 2022

These Terms of Use (“Terms”) apply to the website (“Site”) owned and/or operated by or on behalf of Texas Brine Company, LLC (“TBC”). This Site is a commercial website and is intended for use by our customers, and prospective customers and their respective employees and agents to obtain information about TBC’s products. You understand that by using the Site you agree to these Terms. If you do not agree to these terms, do not use the Site. These Terms are intended for individuals in the United States. If you live outside of the United States and choose to use the Site, you agree to be bound by the laws of Texas, USA, without regard to its conflicts of law provisions, and agree to jurisdiction in Harris County, Texas, USA. We reserve the right to make changes to these terms at any time. Any continued use of the TBC Website following the posting of revised Terms of Use (“Terms”) means that You accept and agree to the changes. THESE TERMS INCLUDE AN AGREEMENT TO SUBMIT ALL DISPUTES TO INDIVIDUAL MANDATORY ARBITRATION.

Capitalized terms used herein without definition shall have the meanings given such terms in our Website Terms of Use. When we refer to “you” or “your,” we mean the person accessing this Site. If the person accessing this Site acts on behalf of, or for the purposes of, another person, including a business or other organization, “you” or “your” also means that other person, including a business organization.

 I. Links to Third Party Sites

The Site may contain links to other websites (“Third Party Sites”). The Third Party Sites are not controlled by TBC, may change at any time without notice to TBC or You, and TBC is not responsible for the contents of any Third Party Site, including without limitation any link contained in a Third Party Site, or any changes or updates to a Third Party Site. The links are provided to users only as a convenience, and the inclusion of any link does not imply endorsement by TBC of the site or any association with its operators.

II. Use of the TBC Website

When using/accessing the Site, you are required to comply with these Terms and all applicable laws, rules, and regulations. TBC retains the right to investigate and take all available remedies at law and the failure or choice to not exercise these rights will not constitute a waiver of such.

You are prohibited from violating, or attempting to violate, the security of the Site, including interfering with or disrupting the operation of the Site or the servers or networks used to make the Site available. You are prohibited from restricting or inhibiting any other individual or entity from using the Site, including without limitation by hacking or defacing any portion of the Site.

You are prohibited from using the Site to infringe on TBC’s or any other person’s or entity’s copyright, trademark, patent, trade secret or other intellectual property rights and from removing any copyright, trademark or other proprietary rights notice from the Site or from materials originating from the Site. Similarly, you may not frame, reproduce or mirror any part of the Site without TBC’s express prior written consent.

You are prohibited from using the Site to harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about users of the Site. You may not impersonate any individual or entity, falsely state or otherwise misrepresent Your identity or affiliation in any way.

You are prohibited from using the Site to advertise or offer to sell or buy any goods or services for any business purpose, without TBC’s express prior written consent. Similarly, you may not reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.

III. Indemnification

Except to the extent prohibited by law, You will defend, indemnify and hold harmless TBC, its related entities, and TBC’s and their respective officers, directors, managers, employees and agents from and against any claims, losses, damages and costs, including indirect, punitive, special, incidental or consequential damage, including all related attorneys’ fees and costs and expenses of litigation and arbitration,  arising out of or related in any way to (i) Your use of or access to the Site and any information, guidance or statements therein, (ii) Your violation of any of these Terms, or (iii) any allegation that any materials You make available or create through, from, or in connection with the Site infringe or otherwise violate the copyright, trademark, patent, trademark, privacy, or other intellectual property or rights of any third party.

 IV. Trademark and Copyright

All contents contained in the TBC Website are protected by copyright © 2022 Texas Brine Company, LLC.  Any TBC trademarks which may appear on the TBC Website are strictly owned by TBC, and nothing in these terms can be construed to transfer ownership rights or grant any permission, license or other rights to any TBC trademark without written authorization from TBC. TBC reserves all rights to prosecute any trademark, copyright or other intellectual property infringement or potential infringement.

 V. Disclaimer and Limitation of Liability

THE SITE AND ALL OF ITS CONTENT MADE (COLLECTIVELY, “CONTENT”) IS PROVIDED ON AN ‘AS IS’ BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY CONTENT.

We recognize that some laws provide consumers specific rights and remedies and prohibit waiver of the same.  Except with respect to such laws, you waive all damages, including the cost of attorneys’ fees, under any cause of action other than actual damage for out-of-pocket loss. 

 VI. Dispute Resolution Terms

Any disputes, claims, and causes of action arising out of or connected with your use of the Site (each, a “Dispute”) must be submitted exclusively to the American Arbitration Association (AAA) to be heard under their applicable Arbitration Rules. If for any reason, AAA is unable or unwilling to conduct the arbitration consistent with these terms, you and TBC will pick another arbitrator pursuant to 9 U.S. Code § 5. You agree that any Dispute between us shall be resolved exclusively in individual (non-class) arbitration. The parties intend to be bound to the Federal Arbitration Act, 9 U.S.C. § 1 et seq, and you waive any right to a jury or judge. The arbitrator shall exclusively determine all issues as to the Dispute and any question as to whether any Dispute or issue is subject to arbitration. The arbitrator shall not have the power to hear any Dispute as a class action, mass action, or representative action. You agree that any Dispute between us shall be resolved in an individual action. Under no circumstances will you file, seek, or participate in a class action, mass action, or representative action in connection with a Dispute.

The arbitrator shall not have any power to issue relief to anyone but You or TBC. You agree that any Disputes shall be heard exclusively in Harris County, Texas. You consent to jurisdiction in the State of Texas for all purposes. These Terms and your use of the Site are governed by the laws of the State of Texas, U.S.A., without regard to its choice of law provisions. However, any determination as to whether a Dispute is subject to arbitration, or as to the conduct of the arbitration, shall be governed exclusively by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. The arbitrator shall not issue any injunction. Any issue of injunctive relief may only be sought after arbitration is completed by the Arbitrator, and the findings of fact and conclusions of law of the arbitrator shall not be submitted as evidence or constitute precedent in this subsequent suit.

VII. Survival of Rights

All legal rights, obligations and liabilities arising from the Terms and Your use of the Site shall survive termination of the Terms or Site for any reason.

VIII. General

If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision.

TBC may assign these Terms, in whole or in part, at any time with or without notice to You. You may not assign, transfer, or sublicense these Terms or any or all of Your rights or obligations under these Terms without TBC’s express, prior, written consent.

Nothing in this material is intended to override the corporate separateness of local entities. Working relationships and information about affiliates which may be discussed in this material do not necessarily represent an operational or corporate connection, but may reflect a service relationship.

Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. These Terms, together with all policies or rules referred to herein, is the entire agreement between You and TBC relating to the subject matter hereof and supersedes any and all prior or contemporaneous written or oral agreements or understandings between You and TBC relating to such subject matter.

IX. Information Submitted to the Site.

Any Personal Information (for example, your name, address, IP address, telephone number or e-mail address) you transmit to the Site will be used by TBC in accordance with our Privacy Policy.

You acknowledge and agree that all other information, comments, documents, images or general content you enter in or post on the Site will not be considered confidential. By providing any such information, comments, documents, images or general content to TBC, you grant to TBC an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information, comments, documents, images or general content on the Site. You further agree that TBC is free to use any ideas, concepts or know-how that you, or individuals acting on your behalf, provide to TBC. You hereby agree that any comments, feedback or recommendations made by you for the improvement or modification of the Site or the Products advertised herein shall be the sole property of TBC.

X. Accessibility

We are committed to including everyone at TBC. If you are having any difficulty with your browsing experience, or you just want to give us feedback, please contact us through the Contact Us page.

 

Attn: Legal
Texas Brine Company, LLC
4800 San Felipe Street
Houston, TX 77018