Agreement between User and http://TexasResponse.com
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.
By using the TexasResponse.com (“Texas Response”) website (the “Site”) or any Texas Response, LLC applications or application plug-ins (“Applications”), you agree to follow and be bound by these terms of use (the “Terms of Use”) and agree to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations. In these Terms of Use, the words “you” and “your” refer to each customer, Site visitor, or Application user, “we”, “us” and “our” refer to TexasResponse, LLC and “Services” refers to all services provided by us.
It is your responsibility to review these Terms of Use periodically. If at any time you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use this Site or any Applications. We may revise these Terms of Use at any time without notice to you. If you have any questions about these Terms of Use, please contact info@texasresponse.com
Privacy:
Your use of http://TexasResponse.com is subject to Texas Response’s Privacy Policy. Please review our Privacy Policy, which explains which user data is collected and how it is used.
Electronic Communications:
Visiting this Site, sending emails, utilizing the contact form or in any other way establishing contact digitally with Texas Response constitutes electronic communications. By consenting to receive electronic communications, you agree that all agreements, notices, disclosures contained therein are confidential and satisfy any legal requirement that such communications be in writing.
Children Under Thirteen:
Texas Response does not purposely or knowingly collect personal information from persons under the age of thirteen online or offline. Minors may utilize the Site only with the permission or supervision of a parent or legal guardian.
Links to Third Party Sites/Third Party Services:
The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Texas Response, thus Texas Response is not responsible for the contents of any Linked Site. This includes but is not limited to any link contained in a Linked Site, any changes to a Linked Site or updates to a Linked Site. These links are provided by Texas Response as a convenience and the inclusion of these links does not imply an endorsement.
There are however, services made available via the Site which are delivered via third party sites and organizations. By using any product, service or functionality originating from the Site, you hereby acknowledge and consent that Texas Response may share such information and data with any third party with whom Texas Response has a contractual relationship with to provide the requested product, service or functionality on behalf of Texas Response users and customers.
No Unlawful or Prohibited Use/Intellectual Property:
Users are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these terms of use. As a condition of using the Site, you warrant to Texas Response that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included on the Site such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Texas Response or its suppliers and is protected by copyright and other laws that govern intellectual property and proprietary rights. You agree to observe and abide by all copyright, trademark and other proprietary notices contained in any such content and will make no changes to said content.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Texas Response content is not for resale. Use of the Site does not permit you to make unauthorized use of any protected content. You will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Texas Response. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Texas Response or our licensors except as expressly authorized by these Terms.
Use of Communication Services:
Parts of the Site provides features for users to post and exchange opinions and information. Texas Response does not filter, edit, publish or review user comments prior to their posting on the website. User comments do not reflect the views and opinions of Texas Response or our affiliates. User comments reflect the views and opinions of the people who post them. Texas Response shall not be liable for any damages, expenses or liabilities caused or suffered as a result of using the communication services, posting comments or engaging with other users. We do however reserve the right to monitor all comments and remove those which can be deemed offensive, inappropriate or violate our Terms and Conditions. Removal of comments can be triggered by the invasion of intellectual property rights including but not limited to patent, copyright and trademarks; by indecent, libelous or unlawful content; by harassment, stalking, defamation or threatening of other users or by the promotion or solicitation of a business. Use of these communication services grants Texas Response a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any user comments in any and all forms, formats or media. Texas Response reserves the right at all times to disclose any information necessary to satisfy any applicable law, regulation, legal process or governmental request. Always use caution when giving out any personally identifying information about yourself or your children in any comments or public posting.
Liability Disclaimer:
The information, software, products and services provided on the Site may contain typographical errors or other inaccuracies. Texas Response does not make any representations about the reliability, timeliness or accuracy of the software, products and services contained on the Site. All such information is provided without warranty or condition of any kind.
To the maximum extent permitted by law, Texas Response shall not be liable for indirect, direct, punitive, consequential or incidental damages including but not limited to loss of use, data or profits, arising from the use or performance of the Site.
Changes to Terms:
Texas Response reserves the right in its sole discretion, to change the Terms under which http://TexasResponse.com is offered. The most current version of the Terms will supersede all previous versions. Texas Response advises you to periodically review the Terms to stay informed of our updates.
Contact Us:
We welcome your questions or comments regarding the Terms.
Reservation of Rights:
As between the parties, Texas Response owns all right, title, and interest in the Services, and you own all right, title, and interest in any material(s) that are uploaded to the Services by you (“User Content”). Except as expressly set forth in these Terms, each party retains all right, title, and interest in and to its intellectual property rights. All rights not expressly granted are reserved, and no license, covenant, immunity, transfer, authorization, or other right will be implied, by reason of statute, estoppel, or otherwise, under these Terms.
Grant of license:
Subject to the terms and conditions of these Terms, we hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable license worldwide (with the exception of (i) jurisdictions that are embargoed or designated as supporting terrorist activities by the United States Government and (ii) jurisdictions whose laws do not permit engaging in business with Texas Response or use of the Services) for you to access and use the Services for your internal business or personal purposes.
Payment Terms
When you purchase Services (each such purchase, a “Subscription”), you expressly authorize us or our third-party payment processor to charge you for such Services. You represent and warrant that you have the legal right to use all payment methods that you provide to us
Warranty disclaimer:
In the event of any loss or corruption of any data Texas Response, LLC associated with the Services, Texas Response will use commercially reasonable efforts to restore the lost or corrupted data from the latest relevant backup maintained by Texas Response. EXCEPT FOR THE FOREGOING, TEXAS RESPONSE WILL NOT BE RESPONSIBLE FOR ANY LOSS, DESTRUCTION, ALTERATION, UNAUTHORIZED DISCLOSURE OR CORRUPTION OF ANY DATA.
We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Services, and we make no guarantees around data retention or preservation. EXCEPT AS SET FORTH ABOVE, THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
Indemnity:
You will indemnify and hold harmless Texas Response, LLC and its officers, directors, employees, and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services; (ii) your User Content; or (iii) your violation of these Terms.
Limitation of liability:
NEITHER TEXAS RESPONSE, LLC NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES (“SUPPLIERS”) WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TEXAS RESPONSE, LLC HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
IN NO EVENT WILL TEXAS RESPONSE, LLC OR SUPPLIERS’ TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO TEXAS RESPONSE, LLC IN THE PRECEDING TWELVE MONTHS FOR THE SERVICES, OR IF YOU HAVE NOT HAD ANY SUCH PAYMENT OBLIGATIONS, FIFTY UNITED STATES DOLLARS ($50).
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY TEXAS RESPONSE TO YOU AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 9 WILL APPLY TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THESE TERMS.
Governing Law. These Terms will be governed by the laws of the State of Texas without regard to its conflict of laws provisions.
Related agreements: Privacy Policy
Termination:
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice or liability to you, provided that if Texas Response freezes your account or cancels your subscription and the termination is not due to your breach of these Terms, Texas Response will provide you a pro rata refund of pre-paid unused fees unless, in our reasonable estimation, we are not legally permitted to do so (in which case any refund rights are null and void).