Online Services and Disclaimer of Warranty. The Company website provides online resources including, but not limited to, online information regarding Company’s technology products and services. Any new services, resources or informational content added to the website shall fall under the terms of this TOS Agreement. The online resources and informational content on this website is provided “AS IS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OF ANY COMPUTER PROGRAM OR SOFTWARE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION, OR NON-INFRINGEMENT. Company assumes no responsibility for any data loss or other loss suffered by any User of this website. User is fully responsible for maintaining its computer equipment and Internet access to use the Company website.
User account. Users will select a username and password upon completing the registration process. Users are fully responsible for maintaining the confidentiality of their username and password. User agrees to immediately notify Company via e-mail should User know, or have reasonable grounds to suspect, that the username and password have been compromised. Company shall not be responsible for User’s failure to abide by this Paragraph.
Indemnity. You agree to indemnify and hold Company, and its parent, subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your violation of the TOS, or your violation of any rights of another.
No resale. User agrees not to reproduce, copy, duplicate, or sell any portion of the Company website.
Limits and modifications. Company reserves the right to modify any and all portions of the Company website without notice. Under no circumstances shall Company be liable to User or any other party for such modifications.
Third party advertisers. Company may allow third party advertisers to advertise on the Company website. Company takes no responsibility for User’s dealings with, including any online or other purchases from, any third party advertisers. Company shall not be liable for any loss or damage incurred by User in its dealings with third party advertisers.
Hyperlink policy. The Company website contains hyperlinks to other Internet sites not under the editorial control of the Company. These hyperlinks are not express or implied endorsements or approvals by the Company of any products, services or information available from these sites.
Company’s intellectual property rights. User agrees not to distribute, license, or create derivative works from any of Company’s copyrighted or trademarked material, including graphic files and software, available on the Company website.
No warranties. THE INFORMATION AND DOWNLOADABLE SOFTWARE PROVIDED ON THIS WEBSITE IS PROVIDED “AS IS” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OF ANY COMPUTER PROGRAM OR SOFTWARE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION, OR NON-INFRINGEMENT.
Limitation of liability. COMPANY. IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, LOSS OF BUSINESS, LOSS OF PROFITS OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF THIS PARAGRAPH MAY NOT APPLY TO YOU.
Notice. Notices may be posted to the Company website.
General. This TOS Agreement constitutes the entire agreement between you and Company and governs your use of the Company website. This TOS agreement shall be governed by the laws of the State of Texas. User agrees to submit to the personal and exclusive jurisdiction of the courts located within the county of Travis in the State of Texas. The failure of Company to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of this TOS agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS agreement remain in full force and effect. Any claim arising under the terms of this TOS agreement must be brought within one (1) year after such claim or cause of action arose or be forever barred.