| TERMS
OF USE
(Effective November 2009)
PLEASE
READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.
Welcome
to jaggerpeyton.com, owned and operated by Jagger
Peyton Entertainment Group, LLC ("we," "us,"
or "Jagger Peyton"), the official site of The Blueseum of Fine Art, The Roadhouse Revival,
The Lone Star Revival Radio Shows and Specials (the "Radio
Shows") “I Got the Blues” (“The Film”) Jagger
Peyton, provides this website and all site-related services (collectively,
the "Site") subject to your compliance with the terms
and conditions set forth in this agreement (the "Agreement").
This Agreement governs the relationship between Jagger
Peyton and you, the Site visitor and/or member ("you",
"your"), with respect to your use of the Site. It is important
that you read carefully and understand the terms and conditions
of this Agreement.
Jagger Peyton cannot prohibit minors from
visiting this site. Jagger Peyton must
rely on parents, guardians and those responsible for supervising
children under 13 to decide which materials are appropriate for
such children to view and/or purchase. Pursuant to 47 U.S.C. Section
230 (d), as amended, we hereby notify you that parental control
protections (such as computer hardware, software or filtering services)
are commercially available that may assist you in limiting access
to material that is harmful to minors. Information identifying current
providers of such protections is available on the two websites GetNetWise (http://kids.getnetwise.org/)
and OnGuard Online
(http://onguardonline.gov/).
Please note that Jagger Peyton does not
endorse any of the products or services listed at such websites.
By using or attempting to use the Site, you certify
that (1) you are a resident of the United States or Canada and are
at least 13 years of age or, if under the age of 13, you have the
consent of your parent or guardian (over the age of 18) to use the
Site, or (2) you are not a resident of the United States or Canada
and are at least 18 years of age or, if under the age of 18, you
have the consent of your parent or guardian (over the age of 18)
to use the Site. If you do not meet these requirements or, if for
any reason, you do not agree with all of the terms and conditions
contained in this Agreement, please discontinue using the Site immediately.
General Practices and
Limits
You
acknowledge that jaggerpeyton.com may establish general practices
and limits concerning use of the site, including without limitation,
limiting the maximum number of days that email messages, message
board postings or other uploaded content will be retained by the
site, the maximum number of email messages that may be sent from
or received by an account on the site, the maximum size of any email
message that may be sent from or received by an account on the site,
the maximum disk space that will be allotted on jaggerpeyton.com
servers on your behalf, the maximum length of time that an IP address
will be assigned for your use, the maximum throughput of traffic
from the internet or associated service (e.g., usenet,
email, web hosting), and the maximum number of times (and the maximum
duration for which) you may access the site in a given period of
time. You agree that jaggerpeyton.com has no responsibility or liability
for the deletion of, for failure to store or to deliver any messages
and other communications, for the modification or malformation of
data communications over the site, or for other content maintained
or transmitted by the site.
Ownership and Restrictions on Use
The information and materials provided on or
through the site, including any data, text, designs, graphics, images,
photographs, illustrations, audio and video clips, logos, icons
and links (collectively, the "Materials"), are intended
to educate and inform you about the shows, events, venues and other
products and services offered or described on the site. Although
Jagger Peyton strives to provide materials
that are both useful and accurate, the nature of the data and other
information contained on the site is subject to frequent change.
In addition, the facts and circumstances of every situation differ.
Accordingly, although Jagger Peyton endeavors
to use reasonable care in assembling the materials, the materials
may not be up-to-date, accurate or complete. Moreover, portions
of the materials have been contributed to the site by various artists
and other persons. The inclusion of such information does not indicate
any approval or endorsement thereof, and Jagger
Peyton expressly disclaims any liability with respect to the foregoing.
Subject
to your compliance with the terms and conditions of this Agreement,
you may only download one (1) copy of any Materials displayed on
the Site, and you may use such downloaded Materials solely for your
personal, non-commercial use, provided that you retain all copyright
and other proprietary notices contained therein. Jagger
Peyton cannot guarantee that technical difficulties will not occur
during the download of the Materials or that the Materials will
download successfully. You may not engage in any unauthorized use,
copying, or distribution of any of the Materials. For example, you
may not otherwise reproduce, display, publicly perform, or distribute
the Materials in any way for any public or commercial purpose. You
may not alter or modify any part of the Site other than as may be
reasonably necessary to use the Site for its intended purpose. Modification
or use of the Materials for any purpose other than as expressly
authorized in this Agreement is a violation of our copyright and
other proprietary rights, and is strictly prohibited.
The
Site, including all Site software, databases, proprietary information
and Materials (and any intellectual property and other rights relating
thereto) including, without limitation to arrangement of items,
is owned and operated by Jagger Peyton in conjunction with others pursuant to contractual
arrangements, and will remain the property of Jagger
Peyton and its licensors and suppliers. The Site is protected by
U.S. and international
copyright, trademark and other laws, and you acknowledge that these
rights are valid and enforceable. You further acknowledge that you
do not acquire any ownership rights by using the Site or the Materials.
The
trademarks, logos, and service marks displayed on the Site (collectively
the "Trademarks") are the registered and unregistered
trademarks of Jagger Peyton, Jagger Peyton's licensors
and suppliers, and others. The Trademarks owned by Jagger Peyton, whether registered or unregistered, may not
be used in connection with any product or service that is not offered
by Jagger Peyton, in any manner that is likely to cause confusion
with customers, or in any manner that disparages Jagger
Peyton. Nothing contained on the Site should be construed as granting,
by implication, estoppel or otherwise,
any license or right to use any Trademark without the express written
permission of Jagger Peyton, Jagger Peyton's licensors
or suppliers, or the third party owner of any such Trademark. Misuse
of any Trademarks is prohibited, and Jagger
Peyton will aggressively enforce its intellectual property rights
in such Trademarks, including via civil and criminal proceedings.
Links
The Site contains links to other Internet websites,
including affiliated websites which may or may not be owned or operated
by Jagger Peyton. Jagger
Peyton has not reviewed all of the websites that are linked to the
Site, and Jagger Peyton has no control over such sites. Unless otherwise
explicitly stated, Jagger Peyton is not
responsible for the content of such websites, any updates or changes
to such sites, or the privacy or other practices of such sites,
and the fact that Jagger Peyton offers such links does not indicate any approval
or endorsement of any material contained on any linked site. Jagger Peyton is providing these links to you only as a convenience.
Accordingly, we strongly encourage you to become familiar with the
terms of use and practices of any linked site. Further, it is up
to you to take precautions to ensure that whatever links you select
or software you download (whether from the Site or other sites)
is free of such items as viruses, worms, Trojan horses, defects,
date bombs, time bombs and other items of a destructive nature.
You
agree that your use of other internet websites and resources including,
without limitation, your use of any content, information, data,
advertising, products or other materials on or available through
such websites and resources, is at your own risk and is subject
to the terms and conditions of use applicable to such sites and
resources.
Claims of Copyright Infringement
We respect the intellectual property rights
of others, and we ask our users to do the same. The Digital Millennium
Copyright Act of 1998 (the "DMCA") provides recourse for
copyright owners who believe that material appearing on the Internet
infringes their rights under U.S.
copyright law. If you believe in good faith that materials hosted
by Jagger Peyton infringe your copyright (for example, materials
posted by Jagger Peyton on one of our
pages), you (or your agent) may send us a notice requesting that
the material be removed, or access to it blocked. The notice must
include the following information: (i)
a physical or electronic signature of a person authorized to act
on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) identification of the copyrighted work claimed to have been
infringed (or if multiple copyrighted works located on the Site
are covered by a single notification, a representative list of such
works); (iii) identification of the material that is claimed to
be infringing or the subject of infringing activity, and information
reasonably sufficient to allow Jagger Peyton to locate the material on the Site; (iv) the
name, address, telephone number and email address (if available)
of the complaining party; (v) a statement that the complaining party
has a good faith belief that use of the material in the manner complained
of is not authorized by the copyright owner, its agent or the law;
and (vi) a statement that the information in the notification is
accurate and, under penalty of perjury, that the complaining party
is authorized to act on behalf of the owner of an exclusive right
that is allegedly infringed. Additionally, if you believe in good
faith that a notice of copyright infringement has been wrongly filed
by Jagger Peyton against you, the DMCA permits you to send Jagger Peyton a counter-notice.
Notices
and counter-notices must meet the then-current statutory requirements
imposed by the DMCA; see http://www.loc.gov/copyright/
for details. Notices and counter-notices with respect to the Site
should be sent to Jagger Peyton, 1705 Canyon Edge Dr. Austin,
Texas 78733,
512-347-8282 john@jaggerpeyton.com
We suggest that you consult your legal advisor before filing a notice
or counter-notice. Also, be aware that there can be penalties for
false claims under the DMCA.
Rules for Sweepstakes, Contests and Games
In addition to the terms and conditions of this
Agreement, any sweepstakes, contests, games or similar promotions
(collectively, "Promotions") made available through the
Site may be governed by specific rules that are separate from this
Agreement. By participating in any such Promotion, you will become
subject to those rules, which may vary from the terms and conditions
set forth herein. Jagger Peyton urges you to review any specific rules applicable
to a particular Promotion, which will be linked from such Promotion,
and to review our Privacy Policy which, in addition to this Agreement,
governs any information you submit in connection with such activities.
To the extent that the terms and conditions of such rules conflict
with this Agreement, the terms and conditions of such rules shall
control with respect to the particular Promotion.
Modification, Suspension and Termination
We reserve the right at any time to suspend,
modify or discontinue, temporarily or permanently, any portion of
the Site with or without cause and with or without prior notice.
You will not be entitled to a refund during service outages that
are caused by our maintenance on the servers or the technology that
underlies Site. You agree that we will not be liable to you or to
any third party for any suspension, modification or discontinuance.
Any violation by you of this Agreement may result in corrective
action by us, in our sole discretion, including assessment of additional
charges, disconnection or discontinuance of your sponsorship, or
termination of this Agreement. In the event that we elect to take
any corrective action, you shall not be entitled to a refund of
any fees paid in advance prior to such corrective action.
Disclaimers
THE SITE, THE MATERIALS ON THE SITE, AND ANY
PRODUCT OR SERVICE OBTAINED THROUGH THE SITE IS PROVIDED "AS
IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ULTRASTAR
AND ITS PARENTS, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS,
SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
WITH RESPECT TO THE SITE, THE MATERIALS, AND ANY PRODUCT OR SERVICE
OBTAINED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, IMPLIED
WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY,
AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY
ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF
TRADE. Applicable law may not allow the exclusion of implied warranties,
so the above exclusions may not apply to you. JAGGER PEYTON AND
ITS PARENTS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS
AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED,
ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE
SITE, THE SERVER(S) ON WHICH THE SITE IS HOSTED IS FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE
FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND
OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES
RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR
USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR
STATEMENT OF JAGGER PEYTON OR ITS AFFILIATES, LICENSORS, SUPPLIERS,
ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE
ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. JAGGER PEYTON
DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR
ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH
THE SITE OR ANY HYPERLINKED SITE, OR FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND JAGGER PEYTON WILL NOT BE A PARTY TO OR IN ANY
WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS
OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE
THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST
JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. YOUR USE OF THE
SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT
YOUR OWN RISK.
The
Site, Materials or Forums could include inaccuracies or errors,
or information or materials that violate this Agreement (specifically,
the Code of Conduct above). Additionally, unauthorized alterations
could be made by third parties to the Site, Materials or Forums.
Although we attempt to ensure the integrity of the Site, we make
no guarantees as to the Site's completeness or correctness. In the
event that a situation arises in which the Site's completeness or
correctness is in question, please contact us at john@jaggerpeyton.com with, if possible,
a description of the material to be checked and the location (URL)
where such material can be found on the Site, as well as information
sufficient to enable us to contact you. We will try to address your
concerns as soon as reasonably practicable. For copyright infringement
claims, see the section on "Claims of Copyright Infringement,"
above.
Limitation of Liability
NEITHER JAGGER PEYTON NOR ANY OF ITS PARENTS,
AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR THEIR
RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR
OTHER REPRESENTATIVES, ARE OR WILL BE RESPONSIBLE OR LIABLE TO YOU
OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS),
UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY
ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR MATERIALS
CONTAINED ON THE SITE, ANY LINKED SITE OR ANY PRODUCT OR SERVICE
PURCHASED THROUGH THE SITE. WITHOUT LIMITING THE FOREGOING, YOU
EXPRESSLY ACKNOWLEDGE AND AGREE THAT JAGGER PEYTON SHALL HAVE NO
LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (I) ANY FAILURE OF ANOTHER
USER TO THE SITE TO CONFORM TO THE CODES OF CONDUCT, (II) PERSONAL
INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING
IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF
OUR SITE, INCLUDING ANY CLAIM, CAUSE OF ACTION, OBLIGATION, LIABILITY,
RIGHT, OR REMEDY WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF JAGGER
PEYTON, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION
TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES,
DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE
NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD
PARTY, (V) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY
MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT
OF THE USE OF ANY MATERIALS POSTED, EMAILED, TRANSMITTED OR OTHERWISE
MADE AVAILABLE VIA THE SITE, AND/OR (VI) ANY LOST, STOLEN OR DAMAGED
TICKETS, OR THE FAILURE OF A VENUE TO HONOR A TICKET. YOUR SOLE
AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE OR MATERIALS
OR ANY LINKED SITE IS TO STOP USING THE SITE, MATERIALS, OR LINKED
SITE, AS APPLICABLE. THE MAXIMUM LIABILITY OF JAGGER PEYTON AND
YOUR SOLE AND EXCLUSIVE REMEDY, FOR ALL DAMAGES, LOSSES SUFFERED
BY YOU AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING,
WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL NOT EXCEED THE
ACTUAL DOLLAR AMOUNT PAID BY YOU TO AS A SPONSOR DURING THE 12-MONTH
PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE
OF ACTION AROSE. Some jurisdictions do not allow the exclusion or
limitation of incidental or consequential damages, so the above
limitation or exclusion may not apply to you.
Indemnification
You agree to indemnify, defend and hold the
Jagger Peyton management, and each of their parents, affiliates,
licensors, suppliers, advertisers and sponsors, and their respective
directors, officers, employees, consultants, agents and other representatives,
harmless from and against any and all claims, damages, losses, costs
(including reasonable attorneys' fees) and other expenses that arise
directly or indirectly out of or from (i)
your breach of this Agreement, including any violation above; (ii)
any allegation that any User Content or other materials you submit
to us or transmit to the Site infringe or otherwise violate the
copyright, trademark, trade secret or other intellectual property
or other rights of any third party; and/or (iii) your activities
in connection with the Site.
Force Majeure
We will not be liable to you or any third party
for failure or delay in performing our obligations hereunder if
such failure or delay is due to circumstances beyond our reasonable
control, including, without limitation, acts of any governmental
body, war, insurrection, sabotage, computer viruses, terrorism,
embargo, fire, flood, strike or other labor disturbance, interruption
of or delay in transportation, unavailability of interruption or
delay in telecommunications or third party services (including DNS
propagation), failure of third party software or hardware or inability
to obtain raw materials, supplies, or power used in or equipment
needed for provision of the Site.
Translations
As a convenience, we have occasionally and in
our sole discretion provided versions of these Terms in languages
other than English (each, a "Translation"). We have attempted
to make the Translations accurate, but we cannot be responsible
in the event of any errors, inaccuracies or discrepancies in the
Translations. Accordingly, if there is any conflict in meaning between
a Translation and these Terms, these Terms in the English language
shall govern and be given precedence. Furthermore, we do not provide
any customer service in any language other than English, and cannot
take responsibility for any problems or issues that may arise as
a result of this fact.
Access from Outside the United States
Unless otherwise specified, the Materials on
this Site are presented primarily for citizens and residents of
the United States
and its territories, possessions, and protectorates. We make no
representation that Materials on the Site are appropriate or available
for use in other locations. Those who choose to access the Site
do so on their own initiative and at their own risk, and are responsible
for compliance with local laws, if and to the extent local laws
are applicable. We reserve the right to limit the availability of
the Site and/or the provision of any service, program, film or other
product described thereon to any person, geographic area or jurisdiction,
at any time and in our sole discretion, and to limit the quantities
of any such service, program, film or other product that we provide.
Software from this site is further subject to United
States export controls. No software
from this site may be downloaded or otherwise exported or re-exported
(i) into (or to a national or resident of) Cuba, Iraq, Libya,
North Korea, Iran, Syria, or any other country to which the U.S.
has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's
list of Specially Designated Nationals or the U.S. Commerce Department's
Table of Deny Orders. By downloading or using any software from
this site, you represent and warrant that you are not located in,
under the control of, or a national or resident of any such country
or on any such list.
Notice for California Users
Under California Civil Code Section 1789.3,
California Site users are entitled to the following specific consumer
rights notice: The Complaint Assistance Unit of the Division of
Consumer Services of the California Department of Consumer Affairs
may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254
or (800) 952-5210.
Arbitration
You agree that any dispute arising out of or
relating to these Terms or your use of the Site will be submitted
exclusively to confidential binding arbitration in Austin,
Texas. Arbitration
under these Terms will be conducted under the prevailing rules of
the American Arbitration Association. The arbitrator's award will
be binding and may be entered as a judgment in any court of competent
jurisdiction. To the fullest extent permitted by applicable law,
no arbitration under these Terms will be joined to an arbitration
involving any other party subject to these Terms, whether through
class arbitration proceedings or otherwise. Notwithstanding the
foregoing, to the extent you have in any manner violated or threatened
to violate the intellectual property rights of Jagger
Peyton, their persons or entities may seek injunctive or other appropriate
relief in any state or federal court in the state of Texas.
Miscellaneous
This Agreement is governed by and construed
in accordance with the laws of the State of Texas,
United States
of America, without regards to
its principles of conflicts of law. You agree to submit to the exclusive
jurisdiction of any State or Federal court located in the County
of Austin, Texas, United States of America, and waive any jurisdictional,
venue or inconvenient forum objections to such courts. You agree
that regardless of any statute or law to the contrary, any claim
or cause of action arising out of or related to use of the Site
or this Agreement must be filed within one (1) year after such claim
or cause of action arose or be forever barred. If any provision
of this Agreement is found to be unlawful, void or for any reason
unenforceable, then that provision shall be deemed severable from
this Agreement and shall not affect the validity and enforceability
of any remaining provisions. This is the entire agreement between
us relating to the subject matter herein and supersedes any and
all prior or contemporaneous written or oral agreements between
us with respect to such subject matter. No waiver by either party
of any breach or default hereunder shall be deemed to be a waiver
of any preceding or subsequent breach or default. Any heading, caption
or section title contained in this Agreement is inserted only as
a matter of convenience and in no way defines or explains any section
or provision hereof.
Limitations on Liabilities
IN THE CASE OF A MEMBER OR SPONSOR, IN NO EVENT
WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER
ARISING FROM, RELATING TO OR CONNECTED WITH THE SITE OR THESE TERMS
EXCEED THE ACTUAL DOLLAR AMOUNT PAID BY YOU TO JAGGER PEYTON DURING
THE 12-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED
OR THE CAUSE OF ACTION AROSE. WE WILL NOT BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO
COMPLY WITH THIS SECTION IN THE CASE OF A NON-MEMBER USER OF THE
SITE, IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD
PARTY IN ANY MATTER ARISING FROM, RELATING TO OR CONNECTED WITH
THE SITE OR THESE TERMS EXCEED THE SUM OF TWENTY-FIVE ($25) DOLLARS
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 ABOVE LIMITATIONS MAY NOT APPLY
TO YOU.
MISCELLANEOUS
The Site is based in and operated from the United States of America.
Information which you send to us by email or which we gather from
you when you visit our website is held and processed in the United States of America. These Terms
shall be binding upon and inure to our benefit, and the our successors,
and assigns. You may not assign these Terms without our prior written
consent. These Terms contain the entire understanding of the parties
regarding their subject matter, and supersede all prior and contemporaneous
agreements and understandings between the parties regarding their
subject matter. The Terms and the relationship between you and us
shall be governed by the laws of the State of Texas and the United States of America without regard
to any conflict of law provisions. No failure or delay by a party
in exercising any right, power or privilege under these Terms shall
operate as a waiver thereof. The invalidity or unenforceability
of any of these Terms shall not affect the validity or enforceability
of any other of these Terms, all of which shall remain in full force
and effect. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related
to use of the Site or the Terms must be filed within one (1) year
after such claim or cause of action arose or be forever barred.
The section titles in the Terms are for convenience only and have
no legal or contractual effect.
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