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CONTENT

Section I. Terms and Conditions
Section II. Terms of Service, and
Section III. Web Site Use Agreement


Section I.
TERMS AND CONDITIONS


BY PROCEEDING TO USE THE FREE INTERNET ACCESS PROVIDED BY AUSTIN’S BEST CONTRACTORS NETWORK LLC (“ABCN”), YOU ACKNOWLEDGE YOUR AGREEMENT TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, THEN PLEASE DO NOT USE ABCN'S INTERNET ACCESS SERVICES.

After you submit your requests, you are in NO OBLIGATION to use any of the contractors or service providers (ABCN Members and non-ABCN Members) who respond to your requests. By making your submission, or contacting ABCN, you agree to allow ABCN to distribute your requests to its member contractors or service providers.

 

ABCN is not and will not act as your general contractor, agent, or service advisor, but rather acts as service provider in your search for a contractor or service professional. Therefore, when you hire a Member of ABCN (or a contractor that ABCN found for you to help you in your search for a service provider), you are hiring that contractor or service provider directly and will enter into a contract agreement with that contractor or service provider, directly. 

 

Contractors or service providers (Members or non-Members) are not employees, partners or agents of ABCN, nor is ABCN an agent for its contractors or service providers. Customers seeking contractors or service providers’ services, such as yourself, enter into a direct contract or agreement with that contractor, service provider, third party, or service professional.  


Contractors or service providers may not be willing or are capable of completing your service requests, and, therefore, ABCN does not warrant or guarantee that a contractor(s) or service provider(s) will perform the services requested, is suitable, capable or is willing to perform the services requested.

ABCN is not liable or responsible for services you’ve requested or services provided by contractors or service providers. Contractors or service providers may offer you advice; ABCN is not liable or responsible for such advice.

ABCN examines the credentials of its contractors or service providers, however, ABCN does not and will not make guarantees nor represent that the service professionals you choose to hire will meet your service needs, nor guarantee the fitness, quality and completeness of the services they will perform. Contractors’ or service providers’ record may have changed since their acceptance into ABCN and signing an Agreement with ABCN. Additionally, ABCN’s web site may not have been updated, and therefore, ABCN does not warrant or guarantee the qualifications, legal standing, licensing status, adequacy of licensing coverage, certification status, insurance coverage, the amount, type, or adequacy of insurance coverage, or background of its contractors or service providers at the time a customer enters into an agreement or contract with the contractors or service providers.

Although ABCN provides basic information about the contractors and service professionals in its web site, ABCN does not assume liability and disclaims any liability that may result from the use of the information provided, therefore, it is still the customer or homeowner’s responsibility to verify (by consulting with a lawyer or expert advisor, if you should choose) the contractor’s or service professional’s insurance coverage, contracts, licensing information, and other documents you deem necessary for the services you require. As with any contract or agreement you enter into, we suggest that you consult with your lawyer or expert advisor for their expert advice.

Any agreement you enter into for the services you require is only between you and the contractor or service provider (third party or service professional). ABCN, its owners, officers, directors, investors, employees, agents, and business partners do not take part of nor are a part of any agreement or contract you enter into with the contractor or service provider, and are therefore released from claims, costs and attorneys’ fees, demands or damages (actual or consequential and incidental damages) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such damages, claims, disputes between you and the contractor or service professional.

If you have a dispute with the contractor or service provider, ABCN, its owners, officers, directors, investors, employees, agents, and business partners, are released from claims, costs and attorneys’ fees, demands or damages (actual or consequential and incidental damages) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such damages, claims, disputes between you and the contractor or service professional.
Customers who have a dispute with contractor or service provider will address all disputes with the contractors or service providers directly. ABCN is not responsible for handling such disputes.

 

If ABCN does not have a service provider for the trade you are seeking, ABCN may provide you with information on who else to contact (non-ABCN Member).  ABCN does not make recommendations regarding non-ABCN Members, but rather in the quest to help you find an "A" rated contractor, ABCN may provide you with possible service provider(s) you may contact and is for your information only.

 

ABCN does not make any recommendations regarding any service provider, because their outstanding credentials speaks for themselves.  Therefore, by contacting ABCN or by hiring a service provider, you acknowledge the service providers credentials and have chosen that service provider based on that company's credentials.

 

ABCN’s web site lists vendors and contractor or service provider’s products or services offered, however, such services and products are not endorsed by ABCN, unless ABCN specifically states that it endorses the service or product.

1.1 License Grant
ABCN is the author and/or authorized sublicensor of certain materials owned and created by ABCN or ABCN's licensors. The material (the “Materials”), which include but are not limited to data, text, editorials, text, software, designs, images, graphics, graphs, photographs, designs, HTML, and other content on ABCN’s web site. ABCN grants you a non-transferable, non-exclusive license to use the information, images and other content contained on this web site (the "Materials"), solely for internal use by your business or for your own personal use, only with one central processing unit at any one time. These materials are owned by and proprietary to ABCN, its vendors and/or licensors. ABCN provides information that are useful to you, which you may copy for your personal use, but the copyright notice and other proprietary notice must be included in the copy. You may not reverse engineer, translate, port, modify or make derivative works of the Materials. You may not rent, disclose, publish, sell, assign, lease, sublicense, market, or transfer the Materials or use them in any manner not expressly authorized by this Agreement. You shall not derive or attempt to derive the source code, source files or structure of all or any portion of the Materials by reverse engineering, disassembly, decompilation or any other means. You shall not use the Materials to operate a service bureau or for any other use involving the processing of data of other persons or entities. ABCN and/or ABCN's licensors retains all ownership rights in the Materials. The Materials are copyrighted and may not be copied, even if modified or merged with other Materials. You shall not alter or remove any copyright notice or proprietary legend contained in or on the Materials. You agree not to remove any proprietary rights notices of ABCN and/or its licensors from the Materials.

1.2 Reservation of Rights
ABCN reserves any rights not expressly granted herein.

1.3 Restrictions
The Materials do not include the design or layout of the web pages generated by this server. Elements of these web pages are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any of the web pages generated by this server may be copied or retransmitted unless expressly permitted by ABCN.

2. Ownership
2.1 Web Copyright Information
All pages within this Internet site ("Site") are the property of ABCN and/or its affiliates. No portion of the materials on these pages may be copied, published, uploaded, posted, distributed, modified, or reproduced in any form without the express written permission of ABCN. Except as expressly provided herein, ABCN does not grant any express or implied right to you under any copyrights, trademarks, patents or trade secret information. You may not store the materials on these pages in any database accessible to persons other than yourself. You may not make the materials on these pages available electronically or otherwise.

2.1 Third Party Material
The Materials published by ABCN on this server may contain other proprietary notices or describe products, services, processes or technologies owned by ABCN or third parties. Nothing contained herein shall be construed as granting to the user a license under any copyright, trademark, patent or other intellectual property right of ABCN or any third party, except for the right of use license expressly set forth above in these terms and conditions. ABCN is not responsible for verifying contractors’ or service providers’ profile information or representations.

2.2 Advertisements
ABCN does not assume the responsibility of enforcing licensing requirements, or of checking for licenses, with respect to licensed professions or trades, prior to publishing advertisements.

2.3 Trademarks
"Austin’s Best Contractors Network LLC (“ABC Network”)", the "Austin’s Best Contractors Network LLC (“ABC Network”)" logo, products and services referenced herein are protected by either trademarks or registered trademarks of ABCN. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners.

3. Links to Third Party Sites
The links in this area will let you leave ABCN's site. The linked sites are not under the control of ABCN and ABCN is not responsible for the contents of any linked site or any link contained in a linked site. ABCN is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ABCN of the site.

4. Warranty Disclaimer
ABCN AND/OR ITS LICENSORS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE MATERIALS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE OR THIRD PARTY SERVICES, IS PROVIDED "AS IS" WITH NO REPESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY (OR ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY), FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND SITE-RELATED SERVICES.

ABCN, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

Although ABCN attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform ABCN so that it can be corrected.

5. Errors and Corrections
THE MATERIALS PUBLISHED ON THIS SERVER COULD INCLUDE TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS. ABCN AND/OR ITS LICENSORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MATERIALS AT ANY TIME.

6. Limitation on Liability
IN NO EVENT SHALL ABCN AND/OR ITS LICENSORS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS OR THE INABILITY TO USE DATA, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE MATERIALS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR ANY OTHER INFORMATION AVAILABLE FROM THIS SERVER. IF ABCN'S DISCLAIMER OF WARRANTIES OR LIMITATION OF LIABILITY SET FORTH WITH IN THIS AGREEMENT IS HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT ABCN'S LIABILITY SHALL NOT EXCEED FIFTY DOLLARS ($50.00).

7. Local Law
This server is operated from a location in the State of Texas, United States of America. ABCN makes no representation that the Materials are appropriate for use in other locations. If you access this server from other locations, you are responsible for compliance with local laws.

This Agreement is entered into in the State of Texas and shall be governed by and construed in accordance with the laws of the State of Texas, exclusive of its choice of law roles. All disputes, claims, or causes of action, in law or equity, arising from or relating to this Agreement, which must be filed within one year or such dispute, claim or cause will be disqualified, and which will be settled on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party, shall be resolved solely and exclusively by confidential final and binding arbitration in Travis County, Texas. Each party to this Agreement submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Travis in the State of Texas, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys' fees. In the event that any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.

8. Use of Your Information
When you submit a project request through ABCN, you will be asked to disclose certain information about yourself. The personal information you provide us will not be resold to third party marketers. (Please see our Privacy Policy.) Most of the information you provide us when you submit your project request will be forwarded to the contractor(s) or service professional(s) who will then contact you using the personal information you’ve provided. When you provide us with your personal information you are consenting to being contacted by representatives of ABCN, the contractors, and service professionals listed on ABCN’s web site or their representatives by any reasonable means, even if you are on any “Do Not Call” lists. If ABCN does not have a service professional for a certain trade or service you seek, ABCN may from time to time, provide your information to a non-ABCN network member, that is highly rated and accredited by one renowned organization. You may elect not to have ABCN contact another non-ABCN member by informing ABCN.

When you submit your project request you promise to be truthful and accurate, that you are actively seeking the service described in the project request form or Let’s Get Started page of the site, and that you are not transmitting sales, marketing or spam. ABCN may terminate your right to use its web site at any time, without notice, and for any reason such as violation of this policy.

9. General
ABCN reserves the right to discontinue or modify any of the information contained on this server at any time. ABCN shall have the right to modify these terms and conditions at any time. By continuing to use this server you acknowledge and agree to be bound by the modifications made to the Agreement.

You may not assign any part of this Agreement without ABCN's prior written consent. Failure by ABCN to enforce any provision(s) of this Agreement shall not be construed as a waiver of any provision or right. This Agreement shall be governed by the laws of Texas, exclusive of conflicts of laws principles.


This Agreement is the entire Terms and Conditions Agreement and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this Agreement.

Austin’s Best Contractors Network LLC
7301 Burnet Road, #283
Austin, TX 78757

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Section II.
TERMS OF SERVICE

AUSTIN’S BEST CONTRACTORS NETWORK LLC PROVIDES THIS SITE AND RELATED SERVICES SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY:

1. Web Copyright Information

All pages within this Internet site ("Site") are the property of Austin’s Best Contractors Network LLC (“Company” or “ABCN”). No portion of the materials on these pages may be reprinted or republished in any form without the express written permission of ABCN.

2. Trademark Notice

"ABCN" and the "ABCN" logo are trademarks and service marks of ABCN ("ABC Network"). All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners.

3. Warranty Disclaimer

THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS" WITH NO REPESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND SITE-RELATED SERVICES.

ABCN, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

Although ABCN attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform ABCN so that it can be corrected.

4. Miscellaneous

This Terms of Service Agreement is entered into in the State of Texas and shall be governed by and construed in accordance with the laws of the State of Texas, exclusive of its choice of law roles. Each party to this Agreement submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Austin in the State of Texas, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys' fees. In the event that any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.

This Terms of Service Agreement constitutes the entire terms of service agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto are expressly canceled. ABCN may modify the terms of this Agreement by posting notice of such modification on a page of the Site entitled "Legal Notices" or "Legal Information" (or similar title) before the modification takes effect. By continuing to use the Site you agree to the terms of this Agreement.

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Section III.
WEB SITE USE AGREEMENT

This Company Internet Web Site Agreement (the "Agreement") is between you and Austin’s Best Contractors Network LLC ("Company" or “ABCN”) with a principal place of business at 7301 Burnet Road #283, Austin, Texas. Use of the Company Internet Web site (the "Company Web Site") signifies your agreement to the terms and conditions of use set forth below in the Agreement:

(1) You acknowledge that you have read the terms and conditions of use and that you accept the terms thereof. YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS COMPANY WEB SITE. If you do not agree to these terms and conditions of use, you may not access or otherwise use this Company Web Site.

(2) Company may monitor your use of this Company Web Site, and may freely use and disclose any information and materials received from you or collected through your use of the Company Web Site for any lawful reason or purpose.

(3) Company reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time. Notification of changes in the Agreement will be posted on the Company Web Site.

(4) The Company Web Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The contents of the Company Web Site are only for your personal, non-commercial use. All materials contained on the Company Web Site are protected by copyright, and are owned or controlled by Company or the party credited as the provider of the Content. You will abide by any and all additional copyright notices, information, or restrictions contained in any Content on the Company Web Site. You may download and make copy/copies of the Content and other downloadable items displayed on this Company Web Site for personal, noncommercial use only, provided that you maintain all copyright and other notices contained in such Content. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission from Company or the copyright holder identified in the individual Contents copyright notice.

(5) Company may change, suspend or discontinue any aspect of the Company Web Site at any time, including the availability of any Company Web Site feature, database, or Content. Company may also impose limits on certain features and services or restrict your access to parts or all of the Company Web Site without notice or liability.

(6) You represent, warrant and covenant that: (a) you shall not upload, post or transmit to or distribute or otherwise publish through the Company Web Site any materials which (i) restrict or inhibit any other user from using and enjoying the Company Web Site, (ii) are unlawful, threatening, abusive, infringing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of fact; (b) you shall not misuse the Web Site for activities that include jamming or spamming, hacking, infiltrating, or fraud; (c) you shall not use any automated device or manual process to acquire, access or monitor any content or any portion of the Web Site that has not been made publicly available without written Company consent; (d) you shall not defame, harass, stalk, abuse or otherwise violate the legal rights of others; (e) the information you provide is not fraudulent, violate any law, ordinance, regulation or stature, false, inaccurate, misleading, or create a liability for us; (f) the data you provide, which will not be treated as confidential or proprietary information, may be used by the Company for its Web Site, its marketing campaign, or provided to contractors and service providers without your permission and without compensating you; and (g) that you are at least eighteen (18) years old.

(7) You hereby agree to indemnify, defend and hold Company, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from any and all claims, demands, including attorney’s fees, made by any third party due to or arising out of any content, data or material that you submit or provide to ABCN or on its Web Site, actual or alleged breach by you of the Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorneys fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Company.

(8) The Company Web Site contains links and pointers to the other related World Wide Web Internet sites, resources, and sponsors of the Company Web Site. Links to and from Company Web Site to other third party sites, maintained by third parties, do not constitute an endorsement by Company or any of its subsidiaries or affiliates of any third party resources, or their contents.

(9) Company does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Company Web Site. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. Company reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Company Web Site.

(10) Company does not and cannot review all materials posted to the Company Web Site by users, and Company is not responsible for any such materials posted by users. However, Company reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Company's sole discretion are objectionable or in violation of this Agreement.

(11) THE COMPANY WEB SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE COMPANY WEB SITE, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE COMPANY WEB SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE COMPANY WEB SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE COMPANY WEB SITE OR ANY LINKED SITE. FURTHER, COMPANY AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE COMPANY WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE COMPANY WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE COMPANY WEB SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.

(12) By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively "Communications") to the Company Web Site, you hereby grant to Company a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against Company for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.

(13) You acknowledge that transmission to and from this Company Web Site are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to Company, no confidential, fiduciary, contractually implied or other relationship is created between you and Company other than pursuant to this Agreement.

(14) THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE STATE OF TEXAS.

(15) This Web Site Use Agreement constitutes the entire web site use agreement between Company and you with respect to your use of the Company Web Site. Any cause of action you may have with respect to your use of the Company Web Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. Company disclaims any and all responsibility for content contained in any third party materials provided through links from the Company Interact site. Your continued use of this site shall constitute your acceptance of the terms and conditions of this Agreement.


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