Terms of Use

Terms of Use

EFFECTIVE June 1, 2018
LAST REVISED June 1, 2018

Welcome to the website of Competent Solutions, LLC. (“COAST Systems,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of coastsystems.com, including any content, functionality and services offered on the website (collectively, the “Website”). Unless otherwise indicated, the Website and its contents, including all trademarks, service marks and logos, are the property of COAST Systems or used by permission, and are protected pursuant to U.S. and foreign copyright and trademark laws.

PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS OF USE REPRESENT A BINDING CONTRACT. BY USING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND OUR PRIVACY POLICY, WHICH IS SPECIFICALLY INCORPORATED HEREIN BY REFERENCE. If you do not agree to be bound by any of these Terms of Use, do not use the Website. By accessing the Website, you agree to the following terms and conditions:

1. The Website and the material contained therein may not be modified, copied, distributed, republished, downloaded, uploaded or commercially exploited in any manner without the prior written consent of COAST Systems, except that you are permitted to print or download on a single computer a copy of any of the materials on the Website for personal non-commercial use, provided no copyright, trademark or other proprietary notices are removed. No intellectual property or other rights in or to the Website or its contents are transferred to you.

2. The photographs, artwork and information contained in this site are copyrighted and may not be distributed, modified, reused, reposted, or otherwise used outside the scope of normal web browsing without the express written permission of COAST Systems.

3. You hereby acknowledge and agree that your relationship with COAST Systems is not a confidential, fiduciary, or other special relationship, and that your decision to submit any material to COAST Systems does not place COAST Systems in a position of trust or any position that is any different from the position held by members of the general public with regard to the material you submit. You hereby waive any moral rights (or “droit moral”) you may have in and to any materials that you submit to COAST Systems, even if such material is altered or changed in a manner not agreeable to you.

4. The information on the Website is provided solely for illustrative purposes and does not create any business, contractual or employment relationship.

5. We reserve the right to withdraw or amend this Website (or any portion thereof), and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. You are responsible for: (i) making all arrangements necessary for you to have access to the Website; and (ii) ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

6. You may be required to provide personally identifiable information or registration details or other information to use and/or access certain portions of the Website. You agree that any information that you provide to COAST Systems will be accurate and that you will make reasonable efforts to keep that information up to date and complete. Please also review the COAST Systems Privacy Policy, which you also agree is applicable to all information submitted to us by using the Website. If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

7. You agree that you will:
(a) only use the Website as permitted by these Terms of Use and as permitted by law;
(b) not access, or attempt to access, restricted or registration-required portions of the Website by any means other than the interface provided by COAST Systems;
(c) not transmit, post, send, upload, distribute, submit or otherwise make available any materials or content that violate any law or that constitute false, harmful, threatening, abusive, tortious, defamatory, libelous, disparaging (including disparagement of COAST Systems), vulgar, obscene, or pornographic material or material that promotes violence, racial hatred, terrorism or illegal acts, or is otherwise objectionable (as determined by COAST Systems in its sole discretion);
(d) not transmit, post, send, upload, distribute, submit or otherwise make available any content that is unlawful or infringes, violates or misappropriates any patent, trademark, trade secret, publicity right, privacy right, copyright or any other intellectual property rights or any other rights of any third party;
(e) not interfere with or disrupt the use and enjoyment of the Website by COAST Systems or any third party;
(f) not transmit, post, send, upload, distribute, submit or otherwise make available any viruses, Trojan horses or other harmful, disruptive or destructive files or material that interfere with COAST Systems’ or any third party’s use and enjoyment of the Website and any other software, hardware and data;
(g) not impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the Website or to COAST Systems, including, without limitation, forging any TCP/IP packet header or any part of the header information in any transmission to the Website for any reason;
(h) not transmit, post, send, upload, distribute, submit or otherwise make available through the Website any personal advertising, junk mail, spam, chain letters, pyramid schemes or offer for sale of any products or services, except in areas, if any, specifically designated for such purposes;
(i) not resell, frame, duplicate, reproduce or otherwise commercially exploit the Website without the prior written agreement of COAST Systems;
(j) not remove, obscure or alter any proprietary rights notices on the Website or any material obtained from or through the Website.

8. The material on the Website and the Website itself is provided “as is” and is without warranty of any kind. COAST Systems disclaims all warranties, express or implied, including without limitation, the implied warranties of title, non-infringement, security, merchantability and fitness for a particular purpose, with respect to the Website and the material on the Website. COAST Systems also makes no representations or warranties as to whether the information accessible on or through use of the Website is accurate, complete or current. SOME
JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MANY HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION. IF THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, YOU AGREE THAT THEY WILL BE LIMITED TO THE GREATEST EXTENT AND SHORTEST DURATION PERMITTED BY LAW.

9. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT SHALL COAST SYSTEMS BE LIABLE FOR ANY DAMAGES OF ANY KIND OR CHARACTER, INCLUDING, WITHOUT LIMITATION, ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY VIRUS OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL, COMMUNICATIONS FAILURES, TAMPERING, HACKING, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER ARISING FROM OR IN ANY WAY RELATED TO THE USE OF THE WEBSITE OR ANY MATERIAL OR SITES LINKED TO OR TO WHICH YOU CONNECT BY USE OF THE WEBSITE, EVEN IF COAST SYSTEMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO ANY WEBSITE OR ANY RELATED INFORMATION OR PROGRAMS. NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS OF USE, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL COAST SYSTEMS, ITS OFFICERS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDORS, AFFILIATES, SUBSIDIARIES OR ASSIGNS BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER THAN TEN UNITED STATES DOLLARS ($10.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR HAVE LEGISLATION WHICH RESTRICTS THE LIMITATION OR EXCLUSION OF LIABILITY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

BY ACCESSING THE WEBSITE SUBJECT TO THESE TERMS OF USE, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

10. The posting of any content or material to the Website and the creation of a link from the Website to any other website are expressly prohibited without the prior written consent of COAST Systems.

11. Certain features of the Website may be subject to a separate written agreement with COAST Systems or a third-party. You agree that that your use of such features will be in accordance with such written agreement to the extent it differs from these Terms of Use.

12. The Website may contain links to third party websites. These third party websites may be affiliated with COAST Systems or unaffiliated. COAST Systems is not responsible for, and you agree that COAST Systems will have no liability to you for, the availability, content or performance of any portion of the Internet including other websites to which the Website may be linked, to which your access may be directed from the Website or from which a COAST Systems website may be accessed. COAST Systems does not regularly review materials on websites linked to the Website or connected to (or to which you are directed through use of) the Website and does not endorse the materials appearing on any such websites.

13. COAST Systems reserves the right, in its sole discretion, to terminate a link with any website for any reason or no reason at all, including without limitation any website that COAST Systems deems to be inappropriate or inconsistent with or antithetical to the Website, the business of COAST Systems and/or these Terms of Use.

14. You agree to indemnify and hold harmless COAST Systems, its affiliates, subsidiaries, licensors and assigns, and their respective officers, members, directors, agents and employees from and against any claims, suits, losses, damages, fines and expenses (including attorneys’ fees and costs) arising out of or in any way related to your use of the Website or any materials downloaded, obtained, used or otherwise accessed or acquired through the Website: (a) in breach of these Terms of Use or in violation of any law or regulation; (b) that attempt, commit or result in any actual or alleged infringement, misappropriation or violation of any third party’s rights; and/or (c) in breach of any agreement between you and any third party. COAST Systems reserves the right, at its own 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 such matter without the express prior written consent of COAST Systems. This indemnification section will survive any termination or expiration of these Terms of Use.

15. COAST Systems operates the Website in the United States. Information contained on the Website may not be appropriate or available for use in other locations, and access to the Website from territories where the content of the Website may be illegal is prohibited. If you access the Website from other locations, you are solely responsible for compliance with any applicable laws. These Terms of Use shall be construed and enforced in accordance with the laws of the United States and the State of Indiana, without regard to its conflicts of law principles. You agree that any lawsuit filed by you with respect to the Terms of Use and/or your use of any COAST Systems website must be filed exclusively in Johnson County, State of Indiana, United States of America.

16. Any cause of action or claim you may have arising out of or relating to these Terms of Use or the Website must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

17. No waiver by COAST Systems of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and a failure of COAST Systems to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

18. COAST Systems reserves the right in its sole discretion to modify, alter or otherwise change these Terms of Use and you agree to be bound by such modifications, alterations or changes. COAST Systems will post any changes here, and any changes will become effective immediately upon being posted unless otherwise indicated in the posted Terms of Use. Your continued use of the Website after the posting of any change in the Terms of Use shall constitute your acceptance to be bound by any such changes.

If you have any questions or concerns regarding these Terms of Use, please contact us at support@coastsystems.com. You may also direct inquiries by regular mail to:

Attention: Terms of Use
Competent Solutions, LLC.
22327 Mizell Rd
Brooksville, FL 34602

These Terms of Use and the Privacy Policy are the entire agreement between you and COAST Systems concerning your use of the Website and they supersede any prior or contemporaneous written or oral agreements with respect to the subject matter, and may not be amended or modified except as provided herein. These Terms of Use do not, however, supersede or replace any applicable services agreement or other agreement governing your use of any services provided by COAST Systems.

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