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Terms of UseWE LOVE TEXAS and its affiliates, successors, parents, subsidiaries, assigns, licensees, and designees (collectively and individually "WLT") provide you access to the WE LOVE TEXAS web site subject to the terms and conditions of use set forth below (the "Terms of Use"). WLT offers certain services via the Site. You agree to read the Terms of Use carefully before using the Site or the Services. By using the Site and the Services, you agree to abide by the Terms of Use, as follows: 1. Fees and Costs General Public Parties Seeking
Membership 2. Content Guidelines/Prohibited Uses Content Guidelines. You agree not to post, upload or transmit to the Site or to WLT'S servers any communications, text, graphics or other information (collectively, "Material") that:
WLT in its sole discretion shall determine your compliance with the foregoing guidelines and reserves the right to delete from the Site without prior notice any material that it deems to be non-complying or otherwise objectionable for any reason. WLT may take any action with respect to the Material if WLT believes, in its sole discretion, that the Material may create liability for itself or any third parties or may cause WLT to lose (in whole or in part) the services of its ISPs, vendors or advertisers. Other Restrictions on Use. You shall comply with all laws and regulations applicable to your use of the Services, the Site, and the Material. You are not permitted to use WLT'S name, URL, trademarks or other material in any manner, including, without limitation, in connection with "spam" e-mail messages or newsgroup postings. For the purposes of these Terms of Use, "spam" has the meaning generally understood among Internet users, and includes without limitation unsolicited electronic mail advertisements. You may not impose an unreasonable or disproportionately large load (as determined by us in light of the load imposed by other users generally) on WLT'S infrastructure. You may not use any "bot" or other automated repetitive or iterative mechanism or the like to gain any sort of benefit from WLT or any of its business affiliates. 3. Links to Third-Party Sites Any third-party sites to which the Sites may link are not under WLT'S control, and WLT does not assume any responsibility or liability for any information, content, communications or materials available on such third-party sites. Absent express language to the contrary, WLT does not intend links contained on the Sites to be referrals to, or endorsements of, the linked third-party sites or the entities that operate them, and such links are provided for convenience only. 4. DISCLAIMER AND LIMITATION OF LIABILITY THE SERVICES, INFORMATION, CONTENT, OR OTHER DATA OF ANY KIND OR NATURE MADE AVAILABLE AT THE SITES (COLLECTIVELY, "INFORMATION") ARE PROVIDED "AS IS", AND ALL REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED ARE DISCLAIMED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WLT MAKES NO WARRANTY, REPRESENTATION OR GUARANTY AS TO THE CONTENT, SEQUENCE, ACCURACY, TIMELINESS OR COMPLETENESS OF THE SITES OR THE INFORMATION OR THAT THE INFORMATION MAY BE RELIED UPON FOR ANY REASON. WLT MAKES NO WARRANTY, REPRESENTATION OR GUARANTY THAT USE OF THE SITES, THE SERVICES OR THE INFORMATION WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR-FREE OR THAT ANY DEFECTS CAN BE CORRECTED. WLT CANNOT BE HELD RESPONSIBLE FOR ANY EVENTS THAT TRANSPIRE THROUGH USE OF OUR SERVICES. WLT IS NOT AND WILL NOT BE HELD RESPONSIBLE FOR ADVERSE CONSEQUENCES ARISING OUT OF CONTACTING OR MAKING ASSOCIATIONS WITH USERS OF THE SITES. ALL INFORMATION IS SUBMITTED VOLUNTARILY AND THIS INFORMATION WILL BE MADE AVAILABLE TO THE PUBLIC. ALL RISKS FOR MAKING THIS INFORMATION AVAILABLE WILL BE BORNE BY YOU, THE USER. IF A DISPUTE SHOULD ARISE BETWEEN YOURSELF AND ANOTHER USER YOU RELEASE WLT FROM ANY CLAIMS OR DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED AND UNDISCLOSED ARISING FROM SUCH A DISPUTE. WITHOUT LIMITING THE FOREGOING PROVISIONS OF THIS SECTION 5, WLT SHALL HAVE NO LIABILITY FOR:
Notwithstanding any provision of these Terms of Use to the contrary, WLT'S total liability to you is limited to $100. Some states do not allow the foregoing limitations of liability, so they may not apply to you. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you also may have other legal rights which vary from state to state. 5. Privacy and Communications to the Sites Any communication, information or other material you transmit or post to the Sites, by electronic mail or otherwise (other than personally identifiable information about you), including any answers to questions, comments, suggestions, or other data supplied by you is, and will be treated as, non-confidential and non-proprietary. You hereby grant to WLT a non-exclusive, worldwide, perpetual fully paid-up license to use any such communication, information or material for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, distribution, advertising, marketing, promotion, research, broadcast, display, modification, syndication, licensing and posting. WLT'S use of personally identifiable information, as well as WLT'S use of cookies and other tracking methods, is governed by the terms of WLT'S Privacy Policy. By accepting the Terms of Use, you expressly consent to WLT'S use of your information, as enumerated in WLT'S then-current privacy policy, which is incorporated herein by reference. Because WLT'S Privacy Policy may change from time to time, you should also review it regularly for updates. 6. Representations and Warranties You represent and warrant that:
7. Termination WLT reserves the right to terminate this Agreement immediately and without notice for any or no cause, at any time. Without limiting the preceding sentence, WLT may terminate your use of the Services or access to the Sites immediately and without notice if: (a) you breach the Terms of Use; (b) you infringe the intellectual property rights of a third party in connection with the Services; (c) WLT is unable to verify or authenticate any information you provide to it, or (d) any material uploaded or transmitted by you to the Sites violates any applicable laws or rights of any third party. 8. Governing Law, Jurisdiction and Dispute Resolution The Terms of Use shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of laws principles. You and WLT agree that any and all disputes arising out of or related to the Terms of Use shall be subject to the exclusive jurisdiction and venue of the state and federal courts located in Erath County. 9. Changes to the Services and the Site WLT reserves the right to change, suspend or discontinue any aspect of the services or the Site at any time, including the availability of any features, databases or content. WLT will attempt to provide reasonable notice of such changes to the Services or the Site. WLT may also impose limits on features or restrict access to parts of the Site. 10. Modifications to the Terms of Use WLT may amend these Terms of Use at any time by posting amended Terms of Use to the Sites. The amended Terms of Use shall be effective immediately upon posting to the Site. WLT therefore encourages you to review these Terms of Use frequently. 11. Unlawful Conduct Notifications of any unlawful conduct, including, without limitation, copyright or other intellectual property infringement should be sent to WLT'S Designated Agent at: PO Box 1362 12. Miscellaneous Your sole remedy for any breach of these Terms of Use by WLT shall be an action at law for money damages, if any. In no event shall you be entitled to injunctive or other equitable relief based on any act or omission of WLT, or any breach of these Terms of Use by WLT. These Terms of Use constitute the entire understanding of you and WLT with respect to the subject matter hereof. There are no understandings, agreements, conditions or representations, oral or written, express or implied, with reference to the subject matter hereof that are not merged herein, expressly referenced herein, or superseded hereby. Nothing contained in these Terms of Use shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise between you and WLT. The provisions of these Terms of Use are independent of each other and the invalidity of any provision or a portion thereof shall not affect the validity or enforceability of any other provision. In the event that any particular provision is found to be invalid or unenforceable, such provision shall be deemed to have been replaced with a valid and enforceable provision that approximates as closely as possible the intent of you and WLT as reflected in the original provision. Any delay or failure on the part of WLT to enforce any rights hereunder to which it may be entitled shall not be construed as a waiver of the right and privilege to do so at any subsequent time. You indemnify and hold harmless WLT, and the officers, directors, employees, partners, principals, agents and representatives of WLT, from, against and in respect of any and all demands, claims, actions or causes of action, liabilities, losses, and expenses, including reasonable attorneys' fees, arising out of or relating to any breach by you of any covenant, representation or warranty made pursuant to these Terms of Use. All provisions which must survive in order to give effect to their meaning, shall survive any expiration or termination of these Terms of Use, including without limitation all of your representations, warranties and indemnification obligations. How you can reach WLT: The Services hereunder are offered by WE LOVE TEXAS, located at: 1917 W Washington
#2 Our phone number is (254) 965-5055. Fees for services offered by us are available as described in Section 1. © 2002 WE LOVE TEXAS. All rights reserved. All other trademarks, product names, and company names or logos cited herein remain the property of their respective owners. |
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