Terms
of Use Agreement
Welcome
to our site. We maintain this
web site as a service to our customers.
By using our site, you are agreeing to comply with and be bound by
the following terms of use. Please
review the following terms carefully.
If you do not agree to these terms, you should not review
information or obtain goods or products from this site.
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Acceptance
of Agreement.
You agree to the terms and conditions outlined in this Terms of
Use Agreement (“Agreement”) with respect to our site (the
“Site”). This
Agreement constitutes the entire and only agreement between us and
you, and supersedes all prior or contemporaneous agreements,
representations, warranties and understandings with respect to the
Site, the content, products or services provided by or through the
Site, and the subject matter of this Agreement.
This Agreement may be amended at any time by us from time to
time without specific notice to you.
The latest Agreement will be posted on the Site, and you should
review this Agreement prior to using the Site.
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Copyright.
The content, organization, graphics, design, compilation,
magnetic translation, digital conversion 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, use or publication by you of any such matters or any
part of the Site, except as allowed by Section 4, is strictly
prohibited. You do not acquire ownership rights to any content,
document or other materials viewed through the Site. The posting of information or materials on the Site does
not constitute a waiver of any right in such information and materials.
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Trademarks.
Products and company names mentioned on the Site may be
trademarks of their respective owners.
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Limited
Right to Use. The viewing, printing or downloading of any content,
graphic, form or document from the Site grants you only a limited,
nonexclusive license for use solely by you for your own personal use
and not for republication, distribution, assignment, sublicense, sale,
preparation of derivative works or other use. No part of any content, form or document may be
reproduced in any form or incorporated into any information retrieval
system, electronic or mechanical, other than for your personal use
(but not for resale or redistribution).
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Editing,
Deleting and Modification.
We reserve the right in our sole discretion to edit or delete
any documents, information or other content appearing on the Site.
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Indemnification.
You agree to indemnify, defend and hold us and our partners,
attorneys, staff and affiliates (collectively, “Affiliated
Parties”) harmless from any liability, loss, claim and expense,
including reasonable attorney’s fees, related to your violation of
this Agreement or use of the Site.
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Nontransferable.
Your right to use the Site is not transferable. Any password or right given to you to obtain information
or documents is not transferable.
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Disclaimer
and Limits.
THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED
“AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR
IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER
OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE). THE
INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER
LIMITATIONS. WE AND OUR
AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY
INFORMATION OR SERVICE. IN
PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED
PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF
PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF
CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE NEGATION OF
DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE
BARGAIN BETWEEN US AND YOU. THIS
SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH
LIMITATIONS. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH
THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT
EXPRESSLY STATED IN THIS AGREEMENT.
All
responsibility or liability for any damages caused by viruses
contained within the electronic file containing the form or document
is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE
OF OR INABILITY TO USE OUR SITE. OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE
EQUAL TO THE PURCHASE PRICE YOU PAY FOR ANY GOODS, SERVICES OR
INFORMATION.
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Use
of Information.
We reserve the right, and you authorize us, to the use and
assignment of all information regarding Site uses by you and all
information provided by you in any manner consistent with our Privacy
Policy.
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Third-Party
Services. We allow
access to or advertise third-party merchant sites (“Merchants”)
from which you may purchase certain goods or services.
You understand that we do not operate or control the products
or services offered by Merchants.
Merchants are responsible for all aspects of order processing,
fulfillment, billing and customer service.
We are not a party to the transactions entered into between you
and Merchants. You agree
that use of such Merchants is AT YOUR SOLE RISK AND IS WITHOUT
WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE
INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR
NON-INFRINGEMENT. UNDER
NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE
TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION
APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
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Third-Party
Merchant Policies. All
rules, policies (including privacy policies) and operating procedures
of Merchants will apply to you while on such sites.
We are not responsible for information provided by you to
Merchants. We and the
Merchants are independent contractors and neither party has authority
to make any representations or commitments on behalf of the other.
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Privacy
Policy. Our Privacy
Policy, as it may change from time to time, is a part of this
Agreement.
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Payments.
You represent and warrant that if you are purchasing something
from us or from Merchants that (i) any credit information you supply
is true and complete, (ii) charges incurred by you will be
honored by your credit card company, and (iii) you will pay the
charges incurred by you at the posted prices, including any applicable
taxes.
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Securities
Laws. This Site may
include statements concerning our operations, prospects, strategies,
financial condition, future economic performance and demand for our
products or services, as well as our intentions, plans and objectives,
that are forward-looking statements.
These statements are based upon a number of assumptions and
estimates which are subject to significant uncertainties, many of
which are beyond our control. When
used on our Site, words like “anticipates,” “expects,”
“believes,” “estimates,” “seeks,” “plans,”
“intends” and similar expressions are intended to identify
forward-looking statements designed to fall within securities law safe
harbors for forward-looking statements.
The Site and the information contained herein does not
constitute an offer or a solicitation of an offer for sale of any
securities. None of the information contained herein is intended to be,
and shall not be deemed to be, incorporated into any of our
securities-related filings or documents.
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Links
to other Web Sites. The
Site contains links to other Web sites.
We are not responsible for the content, accuracy or opinions
express in such Web sites, and such Web sites are not investigated,
monitored or checked for accuracy or completeness by us.
Inclusion of any linked Web site on our Site does not imply
approval or endorsement of the linked Web site by us.
If you decide to leave our Site and access these third-party
sites, you do so at your own risk.
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Copyrights
and Copyright Agents. We respect the intellectual property of others, and we ask
you to do the same. If
you believe that your work has been copied in a way that constitutes
copyright infringement, please provide our Copyright Agent the
following information:
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An
electronic or physical signature of the person authorized to act
on behalf of the owner of the copyright interest;
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A
description of the copyrighted work that you claim has been
infringed;
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A
description of where the material that you claim is infringing is
located on the Site;
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Your
address, telephone number, and email address;
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A
statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent,
or the law; and
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A
statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the
copyright owner or authorized to act on the copyright owner’s
behalf.
Our Copyright Agent for Notice of claims of copyright infringement
on this Site is Joseph D. Macom, whom can be reached as follows:
By
mail: Law Offices of Joseph D. Macom
111
Soldedad Street, Suite #1350
San
Antonio, Texas 78205
By
phone: 210-227-5885
By
email:
joe@macomlaw.com
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Information
and Press Releases. The
Site contains information and press releases about us. While this information was believed to be accurate as of the
date prepared, we disclaim any duty or obligation to update this
information or any press releases.
Information about companies other than ours contained in the
press release or otherwise, should not be relied upon as being
provided or endorsed by us.
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Miscellaneous.
This Agreement shall be treated as though it were executed and
performed in San Antonio, Texas, and shall be governed by and
construed in accordance with the laws of the State of Texas (without
regard to conflict of law principles).
Any cause of action by you with respect to the Site (and/or any
information, products or services related thereto) must be instituted
within one (1) year after the cause of action arose or be forever
waived and barred. All
actions shall be subject to the limitations set forth in Section 8 and
Section 10. The language
in this Agreement shall be interpreted as to its fair meaning and not
strictly for or against either party.
All legal proceedings arising out of or in connection with this
Agreement shall be brought solely in San Antonio, Texas.
You expressly submit to the exclusive jurisdiction of said
courts and consents to extra-territorial service of process.
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. To the extent
that anything in or associated with the Site 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.
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