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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