The terms, conditions, and guidelines associated
with the use of the services (the "Services")
provided by Our Office are set forth in this
Terms of Service Agreement ("TOS").
Please read this TOS carefully before you
use the Services. By using the Services you
("you" or "your," as
appropriate) agree to abide by the terms,
conditions, and guidelines set forth in this
TOS.
Please note that Our Office may update or
change this TOS from time to time without
notice. USE OF THE SERVICES AFTER
SUCH
CHANGES HAVE TAKEN EFFECT CONSTITUTES
ACCEPTANCE
OF ALL CHANGES.
Please also note that if Our Office determines
at any time that you have abused or
violated
any of these terms, conditions and
guidelines,
Our Office reserves the right to terminate
the Site and Services immediately without
notice.
Links to Third-Party Sites
Some of the links on the Site will
allow
you to leave the Site. Third-party
sites
to which the Site may link ("Third-Party
Linked Sites") are not in any
way under
Our Office's control, and Our Office
DOES
NOT ASSUME ANY RESPONSIBILITY OR LIABILITY
FOR ANY INFORMATION, CONTENT, COMMUNICATIONS,
SERVICES, GOODS OR OTHER MATERIALS
AVAILABLE
ON SUCH THIRD-PARTY LINKED SITES OR
FOR ANY
CHANGES OR UPDATES TO SUCH SITES. Absent
express language to the contrary, Our
Office
does not intend links contained on
the Site
to be referrals to, or endorsements
of, the
Third-Party Linked Sites or the entities
that operate them, and such links are
provided
for convenience only.
Disclaimer of Warranties
IN USING THE SITE AND/OR ANY THIRD
PARTY
LINKED SITE YOU AGREE THAT ALL INFORMATION
AND SERVICES IN SUCH SITES ARE PROVIDED
"AS
IS, AS AVAILABLE" WITHOUT WARRANTY,
EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION,
THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE,
OR NON-INFRINGEMENT, OR WARRANTIES
ARISING
BY COURSE OF DEALING OR CUSTOM OF TRADE.
YOU AGREE THAT YOU USE THE SITE AND/OR
ANY
THIRD PARTY LINKED SITE AT YOUR OWN
RISK.
YOU FURTHER AGREE THAT OUR OFFICE AND
ANY
OTHER PARTY INVOLVED IN CREATING AND
DELIVERING
THE CONTENTS OR SERVICES OF THE SITE
AND/OR
THIRD PARTY LINKED SITES HAVE NO LIABILITY
FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE,
OR CONSEQUENTIAL DAMAGES WITH RESPECT
TO
THE INFORMATION, SERVICES OR CONTENT
CONTAINED
ON OR OTHERWISE ACCESSED THROUGH SUCH
SITES.
YOU ACCEPT THE FACT THAT OUR OFFICE
IS ONLY
PROVIDING YOU WITH ACCESS TO CONTENT
AND
SERVICES AND THAT IT DISCLAIMS ALL
WARRANTIES
RELATING TO AND ANY AND ALL LIABILITY
ARISING
FROM SUCH CONTENT OR SERVICES.
WE CANNOT AND DO NOT ASSUME ANY RESPONSIBILITY
FOR YOUR ILLEGAL, UNAUTHORIZED, OR
IMPROPER
USE OF INFORMATION TRANSMITTED, MONITORED,
STORED OR RECEIVED USING THE SITE OR
THE
SERVICES. Some jurisdictions do not
permit
the exclusion or limitation of implied
warranties.
Therefore, only if required by applicable
law, some or all of the exclusions
or limitations
above may not apply to you.
General Disclaimer
THE SITE, ALL THIRD PARTY LINKED SITES,
AND
ALL SERVICES AND MATERIALS PROVIDED
IN SUCH
SITES, ARE PROVIDED TO YOU ON AN "AS
IS, WITH ALL FAULTS" BASIS, AND
YOUR
USE SUCH SITES, SERVICES, AND MATERIALS
IS
AT YOUR OWN RISK. NEITHER Our Office
NOR
ITS AFFILIATES, PARTNERS, AGENTS, OR
LICENSORS,
IF ANY, MAKE ANY REPRESENTATION OR
WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING,
WITHOUT LIMITATION, THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, OR NON-INFRINGEMENT,
OR WARRANTIES
ARISING BY COURSE OF DEALING OR CUSTOM
OF
TRADE. NEITHER OUR OFFICE NOR ITS AFFILIATES,
PARTNERS, AGENTS, OR LICENSORS, IF
ANY, MAKE
ANY REPRESENTATION OR WARRANTY THAT
ANY CONTENT
IS ACCURATE, COMPLETE, APPROPRIATE,
RELIABLE,
OR TIMELY. NEITHER Our Office NOR ITS
AFFILIATES,
PARTNERS, AGENTS, OR LICENSORS, IF
ANY, MAKE
ANY REPRESENTATIONS OR WARRANTIES THAT
YOUR
ACCESS TO AND USE OF THE SITE (1) WILL
BE
UNINTERRUPTED OR ERROR-FREE, (2) IS
FREE
OF VIRUSES, UNAUTHORIZED CODE, OR OTHER
HARMFUL
COMPONENTS, (3) IS YEAR 2000 READY
OR COMPLIANT,
(4) IS SECURE, OR (5) WILL BE AVAILABLE
AT
ANY TIME OR FROM ANY LOCATION. NEITHER
OUR
OFFICE NOR ITS AFFILIATES, PARTNERS,
AGENTS,
OR LICENSERS, IF ANY, MAKES ANY WARRANTY
OR REPRESENTATION REGARDING (1) THE
RESULTS
THAT MAY BE OBTAINED FROM THE USE OF
THE
SERVICES OR THE SITE, (2) ANY GOODS
OR SERVICES
PURCHASED OR OBTAINED THROUGH THE SERVICES
OR THE SITE, OR (3) THAT ANY DEFECTS
IN THE
SITE WILL BE CORRECTED. YOU ARE RESPONSIBLE
FOR TAKING ALL PRECAUTIONS YOU BELIEVE
NECESSARY
OR ADVISABLE TO PROTECT YOU AGAINST
ANY CLAIM,
DAMAGE, LOSS OR HAZARD THAT MAY ARISE
BY
VIRTUE OF YOUR USE OF THE SITE. Some
jurisdictions
do not permit the exclusion or limitation
of implied warranties. Therefore, only
if
required by applicable law, some or
all of
the exclusions or limitations above
may not
apply to you.
Limitation of Liability
IN NO EVENT WILL OUR OFFICE, ANY OF
ITS PARTNERS,
PROVIDERS, AFFILIATES, INCLUDING THEIR
RESPECTIVE
OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES
(COLLECTIVELY THE "COVERED PARTIES"),
BE LIABLE FOR ANY DAMAGES (INCLUDING
WITHOUT
LIMITATION, DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES
OR DAMAGES RESULTING FROM LOST PROFITS,
LOST
DATA OR BUSINESS INTERRUPTION) ARISING
OUT
OF THE USE, INABILITY TO USE, OR THE
RESULTS
OF USE OF THE SITE, THE SERVICES AVAILABLE
ON THE SITE, ANY WEB SITES LINKED TO
SUCH
SERVICES, THE MATERIALS OR INFORMATION
CONTAINED
AT ANY OR ALL SUCH SITES OR AT BULLETIN
BOARDS
AVAILABLE THROUGH SUCH SITES, OR THE
CONTENT
ANYWHERE ON THE INTERNET. THIS LIMITATION
OF LIABILITY APPLIES TO ALL CLAIMS
OR DAMAGES
ARISING FROM THE CIRCUMSTANCES DESCRIBED
IN THIS PARAGRAPH REGARDLESS OF WHETHER
ANY
SUCH CLAIM IS BASED ON WARRANTY, CONTRACT,
INFRINGEMENT, DEFAMATION, MISAPPROPRIATION
OR ANY OTHER TORT OR LEGAL THEORY AND
REGARDLESS
OF WHETHER Our Office HAS BEEN ADVISED
OF
THE POSSIBILITY OF SUCH DAMAGES. Some
jurisdictions
do not permit the exclusion or limitation
of liability. Therefore, only if required
by applicable law, some or all of the
exclusions
or limitations above may not apply
to you.
License to Our Office
By posting messages, uploading files,
inputting
data, or engaging in any other form
of communication
through the Services, you are granting
Our
Office and its affiliated entities
a royalty-free,
perpetual, non-exclusive, unrestricted,
transferable,
worldwide license to:
-
Use, copy, adapt, transmit, retransmit, distribute,
creative derivative works of, and/or
publicly
or digitally perform or display any
such
communication.
-
Sublicense to third parties the unrestricted
right to exercise any of the foregoing
rights
granted with respect to the communication.
The foregoing grants shall include the right
to exploit any proprietary rights in
such
communication, including but not limited
to rights under copyright, trademark,
servicemark,
patent laws or the intellectual property
laws under any relevant jurisdiction.
Prohibited Uses
The Services may include access to
bulletin
boards, which allow users to post messages
and interact with other users. You
understand
that Our Office has no obligation to
monitor
the bulletin boards, the Site, or Third-Party
Linked Sites. However, Our Office reserves
the right at all times to disclose
any information
posted by you or any other user as
necessary
to satisfy any law, regulation or governmental
request, or to edit, refuse to post
or to
remove any information or material,
in whole
or in part, that in Our Office's sole
discretion
is objectionable or in violation of
these
terms and conditions.
As a user of the site, you agree to use the
Services only for lawful purposes.
Use of
the Services for transmission, distribution,
retrieval or storage of any information,
data, or other material in violation
of any
applicable law or regulation is prohibited.
You also agree not to use the Services
to:
-
Use or transmit any material protected by
copyright, trademark, trade secret,
patent,
or other intellectual property right
without
proper authorization;
-
Harass others by spamming;
-
Threaten, harass, defame, embarrass or distress
any other person or group;
-
Distribute computer viruses, worms, or any
software intended to damage or alter
a computer
system without the owner's consent;
-
Use "auto-responders," "cancel-bots,"
or other similar mechanisms that
generate
excessive network traffic;
-
Post or send any unlawful, harmful, defamatory,
pornographic, obscene, vulgar or
otherwise
objectionable material;
-
Post, send or relay any unsolicited advertising;
-
Post or send any chain letters or pyramid
schemes;
-
Post or send any fraudulent or misleading
offers of products, items, loans,
or other
services;
-
Post any misleading, inaccurate or fraudulent
information;
-
Post any junk emails;
-
Post any duplicative or unsolicited messages;
-
Harvest or otherwise collect information
about others, including email addresses,
without their consent;
-
Create a false identity or forged email address
or header or otherwise attempt to
mislead
others as to the identity of the
sender or
the origin of the message; or
-
Attempt to gain unauthorized access to other
accounts, computer systems or networks
connected
to the service through login password
mining
or any other means.
Termination
Our Office may terminate the Services
and
access to this Site at any time without
notice
in its sole discretion. In the event
of a
termination, the disclaimers and limitations
of liabilities set forth in this TOS
shall
survive. Users who violate this TOS
may additionally
incur criminal and/or civil liability.
Our
Office may refer violators to civil
or criminal
authorities for prosecution, and will
cooperate
fully with applicable government authorities
in connection with its investigations
of
any suspected civil or criminal violations.
Trademarks
The trademarks appearing on the Site,
including
those of Our Office are the property
of their
respective owners. Our Office's trademarks
may be used only with the express written
permission of Our Office. The design
and
layout of the Site, and all other Web
sites
owned, operated, licensed, or controlled
by Our Office or its subsidiaries,
if any,
are protected as trade dress and may
not
be copied or imitated in whole or in
part.
No logo, graphic, sound, image, or
animation
from the Site may be copied or re-transmitted
unless expressly permitted by Our Office.
Other product and company names mentioned
herein may be the trademarks of their
respective
owners.
Copyright
All materials on the Site are copyrighted
and are protected under state and federal
law, as well as international treaties
and
the copyright laws of other countries.
Our
Office's materials may not be reproduced,
copied, distributed, adapted, displayed,
edited, published, transmitted, or
downloaded
in any way without Our Office's express
written
permission. All rights not expressly
granted
herein are reserved by Our Office.
General
You may create a bookmark in your browser
to the home page of the Site. All rights
not expressly granted in this Agreement
are
reserved to us. No other rights or
licenses,
whether express, implied, arising by
estoppels,
or otherwise are conveyed or intended
by
this Agreement.
Indemnity
You agree to indemnify, defend and
hold harmless
Our Office, its telecommunications
providers
and service providers and its subsidiaries,
affiliates, officers, directors, employees,
consultants and agents, if any, from
any
and all third-party claims, liability,
damages
and costs (including, but not limited
to,
attorneys' fees) due to or arising
from (i)
your use of the Services and/or the
Site,
(ii) any content you post, email, transmit,
or relay by use of the Services or
to Our
Office, a Third-Party Linked Site,
and/or
the Site, (iii) your violation of the
TOS,
or (iv) your infringement of any intellectual
property or other right of any person
or
entity.
Changes to the Site and the Service
Our Office reserves the right to change,
suspend or discontinue any aspect of
the
Services or the Site at any time, including
the availability of any of the Site
features,
delivery services, databases or content.
Our Office may also impose limits on
features
or restrict access to parts of the
Site.
General Terms
If any provision(s) of the TOS is found
to
be contrary to law, then such provision(s)
shall be construed, as nearly as possible,
to reflect the intentions of the parties
with the other provisions remaining
in full
force and effect. Our Office's failure
to
exercise or enforce any right or provision
of the TOS shall not constitute a waiver
of such right or provision unless acknowledged
and agreed to by Our Office in writing.
The
section titles of the TOS are solely
used
for the convenience of the parties
and have
no legal or contractual significance.
The
TOS constitutes the entire agreement
between
the parties with respect to the subject
matter
hereof and supersedes and replaces
all prior
or contemporaneous understandings or
agreements,
written or oral, regarding such subject
matter.
Any waiver of any provision of the
TOS will
be effective only if expressly made
in writing
and signed by Our Office.
Name of Contact Person: Susan McDermott
Telephone: 281-395-2100
Address: 22762 Westheimer Pkwy. Suite 500
Katy, TX 77450
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