By using and/or accessing the Site, you are agreeing to comply with and be bound by the following Terms and Conditions (the “Agreement”). Please review the following terms of this Agreement carefully. If you do not agree to this Agreement in its entirety, you are not authorized to use this Site in any manner or form.
2. Requirements. The Site is available only to individuals who can enter into legally binding contracts under applicable law. The Site is not intended for use by individuals under eighteen (18) years of age. If you are under eighteen (18) years of age and/or not a citizen of the United States, you do not have permission to use and/or access the Site.
3. License Grant. As a user of this Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site and associated Site content in accordance with this Agreement. We may terminate this license at any time for any reason. You may use the Site on one computer for your own personal, non-commercial use. No part of the Site may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site, Site content or any portion thereof. We reserves any rights not explicitly granted in this Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You may not take any action that imposes an unreasonable or disproportionately large load on the sites infrastructure. Your right to use the Site is not transferable.
4. Proprietary Rights. The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by you of any part of the Site is strictly prohibited. You do not acquire ownership rights to any content, document, software, services or other materials viewed at or through the Site. The posting of information or material at the Site does not constitute a waiver of any right in such information and/or materials.
5. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing on the Site.
6. Indemnification. You agree to indemnify and hold the site, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees and agents, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees, costs and settlement costs), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of or in connection with: (a) your use of the Site; (b) your breach of this Agreement; © your violation of any rights of another individual and/or entity; and/or (d) your use of any products and/or services provided from an Service Provider Affiliate. The provisions of this paragraph are for the benefit of this site, its parent, subsidiaries and affiliates, and each of their respective officers, directors, employees, agents, shareholders, licensors, suppliers and attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
7. Disclaimer of Warranties. THE SITE AND ANY PRODUCTS AND/OR SERVICES THAT YOU MAY RECEIVE FROM ONE OF OUR SERVICE PROVIDER AFFILIATES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, this site MAKES NO WARRANTY THAT: (A) THE SITE AND/OR PRODUCTS AND/OR SERVICES PROVIDED BY OUR SERVICE PROVIDER AFFILIATES WILL MEET YOUR REQUIREMENTS: (B) THE SITE AND/OR PRODUCTS AND/OR SERVICES PROVIDED BY OUR SERVICE PROVIDER AFFILIATES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; AND © THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE. THE SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM this site, ONE OF ITS SERVICE PROVIDER AFFILIATES OR THROUGH OR FROM THE SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
8. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT this site SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF this site HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE AN SERVICE PROVIDER AFFILIATE PRODUCT AND/OR SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM THE SITE, THE SERVICE PROVIDER AFFILIATE SITE, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE OR A SERVICE PROVIDER AFFILIATE SITE; AND © ANY OTHER MATTER RELATING TO THE SERVICE AND/OR SITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE this site FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATION STATED HEREUNDER. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF this site TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE EQUAL TO THE AMOUNTS YOU PAID, IF ANY, FOR this sites SERVICE PROVIDER AFFILIATE PRODUCTS AND/OR SERVICES. YOU HEREBY RELEASE this site FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS SET FORTH IN THIS SECTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND this site. THIS SITE AND THE PRODUCTS AND SERVICES AVAILABLE THOUGH USE OF THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
9. Service Provider AffiliateWebsites. The Site provides links to Service Provider Affiliate and other third party Internet websites and/or resources. Because this site has no control over such websites and/or resources, you hereby acknowledge and agree that this site is not responsible for the availability of such websites and/or resources. Furthermore, this site does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such Service Provider Affiliate and/or other third party websites or resources, or for any damages and/or losses arising therefrom.
10. Legal Warning. Any attempt by any individual, whether or not an customer, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of this Site, is a violation of criminal and civil law and this site will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible at law and in equity.
11. Miscellaneous. This Agreement shall be treated as though it were executed and performed in Nacogdoches, Texas and shall be governed by and construed in accordance with the laws of the State of Texas (without regard to its conflict of law principles). Should a dispute arise concerning the terms and conditions of this Agreement, or the breach of same by either party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in Houston, Texas, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. This Agreement is personal between you and this site and governs your use of the Site and/or any service, superseding any and all prior and/or contemporaneous agreements between you and this site. To the extent that anything in or associated with the Site and/or any service is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of this Agreement.