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Terms
of Use
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Please
read these terms carefully before using this Web Site. Use of
this Web Site indicates your acceptance of these terms.
The website owner (DXCharter.com) maintains this Web Site and
all the information, communications, software, scripting, photos,
text, graphics, images and other materials and services found
on the Web Site (collectively "Content"), for the
use of its customers, employees, and members of the general
public.
* Acceptance of Contract Terms *
In exchange for using the Web Site, you agree to be bound exclusively
by these terms and to comply with all applicable laws and regulations.
You represent you have the legal authority to accept these Web
Site Terms of Use on behalf of yourself or any party you represent.
If any provision of these Web Site Terms of Use is held to be
invalid by any law, rule, order, or regulation of any government
or by the final determination of any state or federal court,
such invalidity shall not affect the enforceability of any other
provision of the Web Site Terms of Use.
If you do not agree to these terms, please do not use the Web
Site.
The Web Site is controlled and operated in whole or in part
by the website owner from its offices within the United States.
By accessing the Web Site, you agree that the statutes and laws
of the United States and the State of Texas, without regard
to conflicts of laws, will apply to all matters relating to
use of the Web Site, and you agree that any litigation relating
in any way to the use of the Web Site shall be subject to the
jurisdiction of the state or federal courts in Harris County,
Texas.
Those who access the Web Site from other locations do so at
their own risk and are responsible for compliance with applicable
local laws. The website owner makes no representation that the
Content in the Web Site is appropriate or available for use
in other locations or that access to it from outside the U.S.A.
is legal. As a condition of your use of the Web Site, you warrant
to texasgroundlandscape.com that you will not use the Web Site
for any purpose that is unlawful or prohibited by the terms,
conditions, and notices contained herein. You shall not, at
any time, (a) reverse engineer, decompile or disassemble any
portion of the Web Site or tamper in any way with the operation
of the Web Site, or (b) insert or make use of any type of disabling
device including, but not limited to, viruses, worms, Trojan
horses, time bombs, or any similar device that may impair, damage,
or interfere with the proper working order of the Web Site.
You acknowledge that the website owner reserves the right in
its sole discretion to refuse or terminate access to the Web
Site by you at any time.
* Restrictions on Use of Content *
You acknowledge that the Content is the property of the website
owner and is protected in the U.S. and internationally by a
variety of laws, including but not limited to, copyright laws
and treaty provisions, trademark laws and other proprietary
rights laws. In addition to the website owner ownership of the
Content, the website owner or its licensors owns a copyright
in the selection, coordination and arrangement of the Content.
Nothing contained in this Web Site shall be construed as conferring
any license or right to any copyright, trademark or other proprietary
interest of texasgroundlandscape.com or any third party. The
Web Site and the Content may not be copied, distributed, or
reproduced in any way, without the prior written consent of
texasgroundlandscape.com, except that you may print a copies
of the Content for personal, informational, non-commercial use
provided that (i) all copyright, trademark and other proprietary
notices are kept intact, and (ii) the Content is not modified
in any way. The permission terminates automatically if you breach
any of the Web Site Terms of Use. the website owner is not granting
you any permission to use the Content other than the permission
expressly stated in these Web Site Terms of Use.
* Submissions of Information *
Do not send any confidential or proprietary information to the
website owner through the Web Site. Any information you do send
to the website owner through the Web Site will be deemed not
to be confidential. For any non-confidential information you
do send, you hereby grant the website owner an unrestricted,
royalty-free, irrevocable, worldwide license to use, reproduce,
display, perform, modify, transmit, and distribute the non-confidential
information, and agree that the website owner is free to use
any ideas, concepts or techniques that you send the website
owner for any purpose. Your personally-identifiable information
you submit to us shall be treated in accordance with our Privacy
Policy. You agree to assume the security risk for any information
you provide using the Web Site.
* Revisions *
The website owner may revise or withdraw the Content, in whole
or in part, at any time without notice. The website owner may
at any time revise these Web Site Terms of Use by updating this
posting. By using the Web Site, you agree to be bound by any
such revisions and you agree to periodically visit this page
to determine the then current Web Site Terms of Use to which
you are bound.
* Links to Third Party Websites *
The Web Site may contain hyperlinks to web sites operated by
parties other than the website owner. Such hyperlinks are provided
for your reference only. The website owner does not control
such web sites and is not responsible for their contents. The
website owner's inclusion of hyperlinks to such web sites does
not imply any endorsement of the material on such web sites
or any association with their operators. The website owner is
not responsible for damages or losses caused by any delays,
defects or omissions that may exist in the services, information
or other content provided in such web sites, whether actual,
alleged, consequential or punitive. The website owner makes
no guarantees or representations as to, and shall have no liability
for, any electronic content delivered by any third party, including,
without limitation, the accuracy, subject matter, quality or
timeliness of any electronic content.
* Disclaimer of Warranty; Limitation of Liability; Indemnity
*
IN NO EVENT WILL THE WEBSITE OWNER, ITS SUPPLIERS, OR OTHER
THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM
LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT
OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS
SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR
INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES,
WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL
THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES
FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR
CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION
OR EXCLUSION MAY NOT APPLY TO YOU.
* Trademarks and Service Marks *
The trademarks, logos and service marks ("Marks")
displayed on this Site are registered, common law trademarks
and are the property of the website owner or other third parties.
You are not permitted to use the Marks without the prior written
consent of the website owner or such third party which may own
the Marks. Nothing on this Web Site should be interpreted, by
implication or otherwise, as granting permission or license
to use the Marks, whether the website owner Marks or those of
a third party.
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