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Terms & Conditions

PLEASE NOTE THAT YOUR USE OF AND ACCESS TO THIS WEBSITE ARE SUBJECT TO THE FOLLOWING TERMS. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THIS WEBSITE IN ANY MANNER.

TERMS OF USE

Effective Date: November 6, 2021

  1. Notice And Acceptance of Terms

Welcome.  Our company, KMRK, LLC (the “Company”) operates this website located at www.lowbudgetwindowrestoration.com (the “Site”), subject to the Terms of Use (as amended from time to time, the “Terms” or “Terms of Use”) contained on this Site.  These Terms of Use are a binding contract between you and the Company.  Please read the Terms carefully.  Be sure you fully understand the Terms.  Company is willing to provide you access to this Site only on the condition that you agree to and accept all these Terms.

By using this Site, you agree to comply with and be bound by these Terms. If you do not agree to the Terms, you are not authorized to use this Site.

Company reserves the right to modify the Terms at any time by posting a temporary notice on the home page of the Site. Your use of the Site after the notice is posted indicates you agree to the changes.  If you do not agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Site.

You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Site and have gotten your parent or guardian to agree to these Terms on your behalf).

You agree that you will only use the Site for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Site is prohibited by applicable laws, then you aren’t authorized to use the Site. Company cannot and will not be responsible for your using the Site in a way that breaks the law.

  1. Access To Site

In order to use the Site, you must obtain access to the World Wide Web, either directly or through devices that access Web-based content and pay any service fees associated with such access. System availability and access to the information available on this Site may be limited or unavailable for reasons which may include, without limitation, system performance. Company makes no representations, warranties or assurances as to the availability of the Site.

  1. General Safety Disclaimer

You acknowledge that the information, content, and activities featured on the Site involve risk, including risk of bodily injury or death, and you expressly acknowledge and agree to assume those risks.  You are responsible for your own safety.

COMPANY ASSUMES NO LIABILITY FOR PROPERTY DAMAGE, BODILY INJURY, OR DEATH INCURRED AS A RESULT OF ANY OF THE INFORMATION CONTAINED IN THE CONTENT ON THE SITE GENERALLY. USE THIS INFORMATION AT YOUR OWN RISK. COMPANY RECOMMENDS SAFE PRACTICES WHEN WORKING WITH TOOLS SEEN OR IMPLIED IN THE VIDEOS, WRITTEN CONTENT, AND ANY METHODS CONTAINED IN THE INSTRUCTIONS.  FURTHER, COMPANY RECOMMENDS SAFE PRACTICES IF WORKING WITH ANY LEAD PAINT, ESBESTOS CONTAINING MATERIALS, TOOLS, MATERIALS GENERALLY, EQUIPMENT, OR WITH GLASS. DUE TO FACTORS BEYOND THE CONTROL OF COMPANY, NO INFORMATION CONTAINED ON THE SITE, OR ANY ASSOCIATED THIRD-PARTY PAGES/APPS SUCH AS AN INSTAGRAM OR FACEBOOK ACCOUNT, SHALL CREATE ANY EXPRESSED OR IMPLIED WARRANTY OR GUARANTEE OF ANY PARTICULAR RESULT. ANY INJURY, DAMAGE, DEATH, OR LOSS THAT MAY RESULT FROM USE OF THE INFORMATION CONTAINED IN WEBSITE IS THE SOLE RESPONSIBILITY OF THE YOU THE USER AND NOT COMPANY.  USE THE INFORMATION FROM THIS SITE AT YOUR OWN RISK.

  1. Restrictions of Use

You may not print or download the underlying HTML, text, audio clips, video clips and other content that is made available to you on this Site.  You may only view the HTML, text, audio clips, video clips and other content that is made available to you on this Site and use it for your own personal information.

Without limiting the generality of the foregoing, you may not:

  • Include such content in or with any product or service that you create or distribute;
  • Reproduce, duplicate, copy, sell, rent, resell or exploit for any commercial purposes any portion of the Site, use of the Site, or access to the Site;
  • Establish: (i) a hyperlink, including a deep link, to any page or location on the Site; or (ii) a frame containing any portion of the Site, on any other Web site or text document with hyperlink capabilities without the express written permission of the Company;
  • Copy such content onto your website, any other website, publication, or document;
  • Copy or store any significant portion of the Site’s Content;
  • Direct any other person to do any of the foregoing.

For paid subscribers with paid accounts, you may not use the Site in a way that:

  • Jeopardizes the security of your account or anyone else’s (such as allowing someone else to log in to the Site as you);
  • Attempts, in any manner, to obtain the password, account, or other security information from any other user;
  • Violates the security of any computer network, or cracks any passwords or security encryption codes;
  • Runs a Maillist, Listserv, any form of auto-responder or “spam” on the Site, or any processes that run or are activated while you are not logged into the Site, or that otherwise interfere with the proper working of the Site (including by placing an unreasonable load on the Site’s infrastructure);
  • “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Site or content on the Site (through use of manual or automated means);
  • Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Site.

 

Nothing in this Agreement shall be construed as conferring any right under any intellectual property of Company, its affiliates or any other person or entity owning the intellectual property in the content provided on this Site.

A violation of any of the foregoing is grounds for termination of your right to use or access the Site.

  1. Intellectual Property and Copyright

The content and materials displayed or performed or available on or through the Site, including, but not limited to, text, graphics, data, articles, photos, images, video, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Site, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior written consent of the owner of that Content or (ii) in a way that violates someone else’s (including Company’s) rights.

You understand that Company owns the Site and all Content contained herein. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Site.

In the event you have the the ability to copy or download certain content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do!

All Company trademarks that appear on the Site are the exclusive property of Company. The trademarks, trade names, trade dress and associated products and services represented on this Site are protected under United States and international law and their display on this Site does not convey or create any license or other rights in these trademarks, trade names, trade dress and associated products and services. Any use of them without prior written authorization of Company or the relevant trademark owner is strictly prohibited.

Any third-party trademarks mentioned on this Site which are not those of Company are the trademarks of their respective owners. The display or verbal mention of these trademarks or trade names on this Site does not convey or create any license or other rights in these trademarks or trade names. Any unauthorized use of those third-party trademarks is strictly prohibited.

Any unauthorized copying, redistribution, reproduction or modification of the contents of this Site by any person may be a violation of federal, state or common law trademark and/or copyright laws and could subject such person to legal action.

The Digital Millennium Copyright Act (the “DMCA”) governs online service providers, like Company, in relation to material that allegedly violates someone’s copyright. The Company respects others’ intellectual property rights, and it reserves the right to delete or disable content alleged to be infringing. If you believe that material or content residing on or accessible through this Site infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a DMCA compliant notice of copyright infringement to the Company through the Contact Us portal or through any other legal means.

  1. User Submissions

The Site may eventually give users the ability to post comments.  In the event this function is enabled, anything you post, upload, share, store, or otherwise provide through the Site is your “User Submission.” Some User Submissions are viewable by other users. In order to display your User Submissions on the Site, and to allow other users to enjoy them (where applicable), you grant us certain rights in those User Submissions. Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Submissions that are also your personally-identifiable information.

For all User Submissions, you hereby grant Company a license to translate, modify (for technical purposes, for example making sure your content is viewable on an mobile phone as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Site, as described in more detail below. This is a license only – your ownership in User Submissions is not affected.

If you store a User Submission in your own personal Company account, in a manner that is not viewable by any other user except you (a “Personal User Submission”), you grant Company the license above, as well as a license to display, perform, and distribute your Personal User Submission for the sole purpose of making that Personal User Submission accessible to you and providing the services necessary to do so.

If you share a User Submission only in a manner that only certain specified users can view (for example, a private message to one or more other users) (a “Limited Audience User Submission”), then you grant Company the licenses above, as well as a license to display, perform, and distribute your Limited Audience User Submission for the sole purpose of making that Limited Audience User Submission accessible to such other specified users, and providing the services necessary to do so. Also, you grant such other specified users a license to access that Limited Audience User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Site.

If you share a User Submission publicly on the Site and/or in a manner that more than just you or certain specified users can view, then you grant Company the licenses above, as well as a license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all Company users and providing the services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Site and/or otherwise in connection with Company’s business. Also, you grant all other users of the Site a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Site.

You agree that the above licenses you grant are royalty-free, perpetual, sub-licensable, irrevocable, and worldwide.

If you provide Company (in a direct communication or otherwise) with any feedback, suggestions, improvements, enhancements, recommendations, and/or feature requests relating to the Site (each of the foregoing, a “Improvement Suggestion”), you give Company a royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use or incorporate into the Site any such Improvement Suggestion.

Finally, you understand and agree that Company, in performing the required technical steps to provide the Site to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.

You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Site or interact with the Site in a manner that:

  • Infringes or violates the intellectual property rights or any other rights of anyone else (including Company);
  • Violates any law or regulation, including any applicable export control laws;
  • Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
  1. Modifications To Site

Company will continue to try and improve the Site, so it may change over time.  Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Site (or any part thereof) from time to time, for any or no reason and without notice.  Company may, for example, introduce new features or impose limits on certain features or restrict access to parts or all the Site.  If you are a paid subscriber to the Site, Company will try to give you notice when it intends to make a material change that could adversely affect your access to the paid portion of the Site, but this isn’t always practical.  As such, you agree that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site. The information and materials contained on the Site are subject to change. Company endeavors to keep the information posted on this Site current; however, such information is subject to change at any time without notice to you and the posted information on this Site may not immediately reflect such changes.

  1. Third Party Links and Advertising

The Site may contain links or connections to third party websites or services that are not owned or controlled by Company.  If Company has provided links or pointers to other websites, no inference or assumption should be made and no representation should be implied that Company is connected with, operates or controls these web sites.  When you access or use these third-party websites or services, you accept that there are risks in doing so, and that Company is not responsible for such risks.  The Company encourages you to be aware of this when you leave the Site and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize.

Likewise, Company is not responsible for the content or practices of third-party websites that may be linked to this Site and makes no representation or warranty regarding such websites or their content.

Company has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through or from the Site.  Additionally, Company will not and cannot monitor, verify, censor or edit the content of any third-party site or service.  Company makes no representations, warranties or assurances as to any information in such sites, has no responsibility for their content and shall not be liable for any damages or injury arising from that content.  By using this Site, you release and hold us harmless from all liability arising from your use of any third-party website or services. 

Company disclaims any opinions expressed on such third-party websites. Any links to other third-party websites are provided merely for your convenience and the inclusion of such links does not imply that Company endorses the content of such sites.  Any mention of products of a third party on this Site are also made merely for your convenience and do not imply that Company endorses that product.

Where Company offers its own content (or content of an affiliate) on or through third party sites (whether by linking, framing or otherwise), your use or display of that content shall be subject to these Terms.  This Site may also be linked to other websites operated by companies affiliated or connected with Company. When visiting other web sites, however, you should refer to each such web site’s individual “Terms of Use” and not rely on this Agreement.

Company takes no responsibility for third party advertisements which are posted on this Site, nor does it take any responsibility for the goods or services provided by its advertisers.  Your interaction with third parties, including without limitation organizations and/or individuals found on or through this Site, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third parties.  You should make whatever investigations you feel necessary or appropriate before proceedings with any online or offline transactions with any of these third parties.  You agree that Company shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings.

If there is a dispute between participants on this Site, or between users and any third party, you agree that Company is under no obligation to become involved. If you have a dispute with a third party, you release Company, its respective officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or this Site.  You further agree that Company, its respective officers, employees, agents, and successors shall not be responsible or liable for any actions, losses, damages, liabilities, claims, judgments, costs or expenses of any nature or kind (collectively, “Claims”) incurred as the result of any such dealings or as the result of the presence of such third parties on the Site, and you agree to indemnify Company and its affiliates from and against any Claims incurred as the result of any such dealings.

If you are a California resident, you shall and hereby do waive California Civil Code Section 1542 that says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”

If you are interested in creating hypertext links to this Site, you must contact Company before doing so. In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of this Site or Company, including its respective employees, agents, directors, officers and shareholders.

  1. Information Collected By Third-Parties

Company may allow third-party companies that use tracking technologies, such as cookies or pixels, to record IP information about users who visit or interact with the Site. The Site does not provide any personal information to these third parties. This information allows them to deliver targeted advertisements and gauge their effectiveness. Some of these third-party advertising companies may be advertising networks that are members of the Network Advertising Initiative which offers a single location to opt out of ad targeting from member companies.

  1. Paywall and Payments

Certain areas of the Site are free, but Company charges for some features of the Site and reserves the right to charge for certain additional features and services in the future. 

If you sign up for an account, you will be required to select a password and user name (“User ID”). You promise to provide Company with accurate, complete, and updated registration information about yourself. You may not select as your User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.

You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.

If you sign up for an account, you will also be required to pay applicable fees for access to content areas that sit behind a paywall.  Before using any portions of the Site that are available for a fee, you will be required to select a payment plan and provide Company information regarding your credit card or other payment instrument.  You represent and warrant to Company that such information is true and that you are authorized to use the payment instrument.  You agree to pay Company the amount that is specified in the payment plan in accordance with the terms of such plan and these Terms.  Upon submitting your payment information, you authorize Company to bill your payment instrument in advance in accordance with the terms of the applicable payment plan until your account is terminated, and you further agree to pay any charges so incurred.  If you dispute any charges you must let Company know within sixty (60) days after the date that Company charges you. 

Company reserves the right to change prices on the Site.  If Company does change prices, Company will provide notice through email to you at least thirty (30) days before making any reoccurring charges to give you the opportunity to opt out of the reoccurring charge is to take effect.  Your continued use of the Site after the price change becomes effective constitutes your agreement to pay the changed amount. 

You shall be responsible for all taxes associated with your use of the Site other than U.S. taxes based on Company’s net income.  You are responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Site, provided that the Company may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit.

  1. Stopping Use of the Site; Termination

If you have not paid for any access to the Site and want to stop using it:  simply stop using the Site; please refer to our Privacy Policy, as well as the licenses above, to understand how the Company treats information you provide to us after you have stopped using our Site.

If you have paid for any access to the Site and want to stop any further reoccurring charges: contact us through the “Contact Us” portal and let us know that you wish to discontinue use of your subscription.

Whether you have paid for access to the Site or not, you agree that Company, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Site or access to the Site and remove and discard any content within the Site, for any reason, including, without limitation, for lack of use or if Company believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Site, may be referred to appropriate law enforcement authorities. Company may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice and Company may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site. Further, you agree that Company will not be liable to you or any third party for any termination of your access to the Site.

  1. Access to Site from a Mobile Device

The site includes some services that may be available via a mobile device, including (a) the ability to upload content on the site via a mobile device and (b) the ability to browse the Site via a mobile device.  To the extent you access the Site through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply.  In addition, accessing certain areas on the Site may be prohibited or restricted by your carrier, and the entire Site may not be available through some carriers or devices.  If you opt in to SMS messaging, you agree that the Company may communicate with you regarding the Site by SMS, MMS, text message or other electronic means to your mobile device.  If you access the Site via a mobile device, you agree that certain information about your usage of the Site may be communicated to the Company. 

You agree that the Company may communicate with you regarding Company and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the mobile version of the Site may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your account information to ensure that your messages are not sent to the person that acquires your old number.

  1. Disclaimer Of Warranties

Except as expressly provided otherwise, Company disclaims all responsibility or liability for the timeliness, sequence, quality, accuracy, content, completeness, legality, reliability, operability or availability of information or material contained on the Site. The Site may contain inaccuracies or typographical errors. Company disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material in respect of the Site or the use thereof.

Neither Company nor its licensors or suppliers make any representations or warranties concerning any content contained in or accessed through the Site, and Company will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Site. Company makes no representations or warranties with respect to professional qualifications, expertise, or quality of work and in no event shall Company be liable to you for any decision made or action taken in reliance on any content available through the Site. Company (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Site. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Site are provided “AS IS” and without any warranty of any kind from Company or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product).

THE SITE AND ITS CONTENT ARE PROVIDED BY COMPANY (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

COMPANY AND ITS DATA PROVIDERS DISCLAIM ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE TECHNOLOGY, INFORMATION, PRODUCTS AND SERVICES OFFERED ON THE SITE. COMPANY AND ITS DATA PROVIDERS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SITE OR THROUGH ANY LINKS PROVIDED ON THE SITE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE ACCESSED THROUGH THE USE OF THE SITE IS DONE SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY CLAIMS, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA, THAT RESULTS FROM DOWNLOADING OR OTHERWISE OBTAINING SUCH MATERIAL.

Some US states do not allow the exclusion of implied warranties, so these exclusions may not apply to you if you are resident of those states.

  1. Limitation of Liability

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN OR IN AN APPLICABLE SUPPLEMENTAL AGREEMENT, IN NO EVENT SHALL COMPANY, ANY OF COMPANY’S AFFILIATES, SUBSIDIARIES OR DATA PROVIDERS, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, DELIVERING OR MANAGING THE CONTENT OF THIS SITE (COLLECTIVELY THE “SITE PROVIDERS”), BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST REVENUES, LOST PROFITS, LOST OPPORTUNITIES, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE, ANY COMMUNICATIONS SENT TO YOU VIA THIS SITE OR OTHERWISE FROM COMPANY (INCLUDING, WITHOUT LIMITATION, IN THE FORM OF ELECTRONIC MAIL OR VIA TELEPHONE), OR INFORMATION AVAILABLE FROM THIS SITE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN SUCH INFORMATION, THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO FROM THE SITE PROVIDERS, AND INCONVENIENCE, DELAY OR LOSS OF USE OF THE SERVICE, EVEN IF ANY ONE OF OR ALL OF THE SITE PROVIDERS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, THE SITE PROVIDERS ASSUME NO LIABILITY OR RESPONSIBILITY FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY ARISING FROM ANY USE OF ANY PRODUCT, INFORMATION, IDEA, OR INSTRUCTION CONTAINED IN THE CONTENT OF THIS SITE.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so that above limitation or exclusion may not apply to you.

  1. Choice of Law; Arbitration

These Terms are governed by and will be construed under the laws of the State of Texas, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Bexar County, Texas, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Bexar County, Texas. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

  1. Miscellaneous
  • You are not an Agent of Company. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Company, and that you do not have any authority of any kind to bind Company in any respect whatsoever.
  • Entire Agreement. You and Company agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Company, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms.
  • Except for changes to the Terms as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and the Company. Company may replace this Terms of Service from time to time and your subsequent use of the Site, or any content, programs or materials provided through the Site, will be subject in all respects to the terms and conditions of such terms of service in force at the time of such subsequent use. You are advised to check this Terms of Service regularly for any modifications.
  • No waiver of any provision herein shall be valid unless in writing and signed by an authorized representative of both you and Company. Company’s failure to insist upon or enforce strict performance of any provision of this Agreement or any right shall not be construed as a waiver of any such provision or right.
  • If any provision of this Agreement is determined to be illegal or unenforceable, such provision shall be automatically reformed and construed so as to be valid, operative and enforceable to the maximum extent permitted by law or equity while preserving its original intent. The invalidity of any part of this Agreement shall not render invalid the remainder of this Agreement.
  • Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any disclaimer, any obligation you have to pay us or indemnify Company, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
  • This Agreement shall inure to the benefit of Company and its subsidiaries and affiliates. All references in this Agreement to Company and its affiliates shall, where the context so permits, include Company’s parent companies, sister companies, and their respective subsidiaries, affiliates, directors, officers, employees, contractors and agents. The headings contained herein are for convenience only and shall have no legal or interpretive effect. Additional terms and conditions may apply when you use other services, affiliate services, third party content or third-party software on or through a link provided on the Site. There are no third-party beneficiaries under these Terms.
  • Company may assign its rights and duties under this Agreement to any party at any time without notice to you. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Site account, in any way (by operation of law or otherwise) without Company’s prior written consent. Company may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Please contact us if you have any questions or concerns regarding these terms.