Website Terms of Use — Tremaine & Associates, Inc.

Last Updated: September 19th 2025
Applies to: www.tremaine-inc.com and any web pages we control that link to these Terms (the “Site”)

1) Introduction & Acceptance

Tremaine & Associates, Inc. (“Tremaine,” “we,” “us,” or “our”) provides the Site for general information about our cultural resources and environmental services. These Terms of Use (“Terms”) govern your access to and use of the Site. By accessing or using the Site, or by clicking “I accept” where that option is presented, you agree to these Terms and to our Privacy Policy and Cookie Policy (together, the “Policies”), which are incorporated by reference. If you do not agree, do not use the Site.

NOTICE OF ARBITRATION & CLASS ACTION WAIVER: Section 18 requires binding arbitration on an individual basis and waives your right to a jury trial and to participate in a class or representative action.

2) Eligibility & Geographic Scope

The Site is intended for users 18 years of age or older. We operate from the United States and make no representation that the Site is appropriate or available elsewhere. If you access the Site from outside the U.S., you do so at your own risk and are responsible for compliance with local laws.

3) Other Terms & Policies

Additional terms may apply to specific features (e.g., portals, application forms, or file transfer tools). Those Additional Terms will be presented when you access the applicable feature and are incorporated into these Terms. If Additional Terms conflict with these Terms, the Additional Terms control for that feature.

4) Changes to the Site or Terms

We may modify the Site or these Terms at any time. Changes are effective when posted. Your continued use of the Site after changes are posted constitutes acceptance of the revised Terms.

5) Informational Nature; No Professional or Legal Advice

Content on the Site is general information only. It is not legal, regulatory, tribal, environmental, cultural resources, or other professional advice, and should not be relied upon as such. Engage a qualified professional for advice tailored to your project.

6) Accounts & Security (if applicable)

If the Site allows account creation, you must provide accurate information, keep your credentials confidential, and promptly notify us of any suspected compromise. You are responsible for activity under your account.

7) Acceptable Use

You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to:

• Violate any law, regulation, or third-party right.
• Impersonate any person or entity or misrepresent your affiliation.
• Introduce malware or attempt to gain unauthorized access to the Site or related systems.
• Scrape, crawl, mine, or use bots or automated means to access or copy Site content without our written consent.
• Interfere with or disrupt the Site’s operation, security, or availability.

We may monitor, suspend, or terminate access for violations.

8) Intellectual Property

The Site (including text, graphics, photographs, icons, logos, videos, software, and the compilation and arrangement thereof) is owned by Tremaine or our licensors and is protected by copyright, trademark, and other laws. Except as permitted by law or by these Terms, you may not copy, modify, create derivative works, distribute, publicly display, publicly perform, or otherwise use any Site content without our prior written permission.

“Tremaine & Associates” names, logos, and marks are Tremaine trademarks. No license to use our marks is granted by your use of the Site.

9) User Submissions & Feedback

If you submit materials (e.g., messages, resumes, comments, or feedback), you represent that you have the right to do so and that the materials are accurate and lawful. You grant Tremaine a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable license to use, reproduce, modify, and display your submissions for Site operation and our business purposes. We are not obligated to use or return submissions. Do not send confidential or proprietary information through the Site.

10) Third-Party Links, Tools, and Content

The Site may link to or embed third-party websites, services, or content (e.g., maps, videos, job boards). We do not control or endorse third-party sites and are not responsible for their content, policies, or practices. Your use of third-party sites is at your own risk and subject to their terms.

11) Privacy & Cookies

Our Privacy Policy explains how we collect, use, and share information, and our Cookie Policy explains how we use cookies and similar technologies. By using the Site, you consent to our Policies.

12) Accessibility

We aim to make our content accessible. If you have difficulty accessing content, contact us at info@tremaine.us and we will work to provide the information you need.

13) Security

We implement reasonable administrative, technical, and physical safeguards designed to protect the Site and information processed by it. However, no system is perfectly secure. You are responsible for maintaining the security of your devices and network, using updated anti-malware, and protecting your credentials.

14) Electronic Communications & Consent

By contacting us through the Site or providing contact details, you consent to receive communications (e.g., responses, operational notices, and if you opt in, marketing messages) by email, phone, or other methods. You can opt out of marketing emails by using the unsubscribe link; we may still send non-marketing operational messages.

15) Accuracy; Corrections

We strive to maintain accurate information but do not guarantee that Site content is complete, current, or error-free. If you believe content is inaccurate or unauthorized, please contact us (Section 21).

16) DMCA Notice (Copyright Complaints)

If you believe content on the Site infringes your copyright, send a written notice to our designated agent with: (a) identification of the copyrighted work; (b) identification of the allegedly infringing material and its location; (c) your contact information; (d) a statement that you have a good-faith belief the use is not authorized; (e) a statement, under penalty of perjury, that the information is accurate and you are the copyright owner or authorized agent; and (f) your physical or electronic signature.

DMCA Agent:
Tremaine & Associates, Inc. — DMCA Agent
Email: info@tremaine.us
Mail: 1220 Smith Ct. Dixon, CA 95620 

17) Disclaimer of Warranties

THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY LAW, TREMAINE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE IS AT YOUR OWN RISK.

18) Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, TREMAINE, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR GOODWILL) ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE, EVEN IF ADVISED OF THE POSSIBILITY. TO THE EXTENT LIABILITY CANNOT BE DISCLAIMED, TREMAINE’S TOTAL AGGREGATE LIABILITY FOR DIRECT DAMAGES WILL NOT EXCEED $100.

Some jurisdictions do not allow certain exclusions or limitations; in those jurisdictions, our liability will be limited to the maximum extent permitted by law.

19) Indemnification

You agree to defend, indemnify, and hold harmless Tremaine, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Site, your submissions, or your violation of these Terms or applicable law.

20) Export & Sanctions Compliance

You may not use or export the Site or content in violation of U.S. export laws or applicable sanctions programs. You represent that you are not located in, under the control of, or a national or resident of any embargoed country or on any U.S. government denied-party list.

21) Governing Law; Venue

These Terms and your use of the Site are governed by the laws of the State of California, without regard to conflict-of-laws principles, and applicable federal law, except as provided in the arbitration clause below. Subject to Section 22, the exclusive jurisdiction and venue for any non-arbitrable action will be the state and federal courts located in California, and you consent to personal jurisdiction there and waive objections to inconvenient forum.

22) Dispute Resolution — Arbitration & Class Action Waiver

Please read carefully. You and Tremaine agree to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Site (a “Dispute”) by binding individual arbitration, rather than in court, except that each party may bring an individual action in small-claims court and either party may seek injunctive relief in court for alleged misuse of intellectual property.

• Pre-Arbitration Notice: Before starting arbitration, the initiating party must send the other a written notice describing the Dispute and requested relief and allow 30 days to resolve it informally. Notices to Tremaine: [Legal Department], Tremaine & Associates, Inc., [Street Address], Dixon, CA [ZIP], USA; legal@tremaine.us.
• Rules & Process: The Federal Arbitration Act governs the interpretation and enforcement of this Section. Arbitration will be conducted by a neutral arbitrator who is an attorney or retired judge. The parties will try to agree on the arbitrator; if not, a court of competent jurisdiction may appoint one under 9 U.S.C. § 5. The arbitration will take place in Solano County, California, or another location we agree upon, or by remote proceedings if the arbitrator permits. The arbitrator may award relief available in court (including monetary, injunctive, or declaratory relief) consistent with these Terms.
• Class Action Waiver: Disputes must be brought only on an individual basis. No class, collective, representative, or mass actions are permitted. The arbitrator may not consolidate claims without all parties’ consent. If the class waiver is found unenforceable as to a particular claim, that claim must proceed in court, not arbitration.
• Fees: The initiating party will pay the initial filing fee up to the amount required to file in a comparable court. The arbitrator may allocate additional fees and costs as permitted by law. If the arbitrator finds a claim to be frivolous, the filing party will reimburse the other for fees paid.

Jury Trial Waiver: If a Dispute proceeds in court rather than arbitration, both parties waive any right to a jury trial.

23) Suspension & Termination

We may suspend or terminate your access to the Site at any time, with or without notice, for any reason or no reason. Sections intended to survive (including 5, 8–9, 11, 13–22, and 24–26) will survive termination.

24) Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms without restriction.

25) Waiver & Severability

Our failure to enforce any provision is not a waiver. If any provision of these Terms is held invalid or unenforceable, it will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force.

26) Entire Agreement

These Terms (plus the incorporated Policies and any applicable Additional Terms) are the entire agreement between you and Tremaine with respect to the Site and supersede all prior or contemporaneous communications.

27) Time Limit to Bring Claims

Any claim related to the Site or these Terms must be filed within one (1) year after the claim accrues, or it is permanently barred, unless a longer period is required by law.

28) Contact Us

Questions about these Terms or the Site?
Email: info@tremaine-inc.com
Phone: 800-214-7860
Mail: 1220 Smith Ct. Dixon, CA 95620