1. User represents and warrants to the Company that all information he/she provides to the Company will be factual, complete and accurate and that User has not entered into any contractual arrangements preventing User from entering into this Agreement with the Company.
2. Neither the Company nor its vendors, partners or clients will be liable under any circumstances for any damage or liability that may arise from User's use, misuse, or inability to use this website, or for any services or information offered or provided hereunder. Furthermore, User acknowledges and agrees that although the Company believes that all materials, reports and information contained herein are accurate, updated and complete, the Company does not independently verify the same. The Company, its vendors, partners or clients do not guarantee the accuracy, completeness or reliability of such materials, reports and information and are not responsible to User or any other party for any damage or loss relating to their accuracy, completeness or timeliness. All such materials, reports and information should be independently verified by User.
3. User understands and agrees that the Company will not be responsible for any damage to hardware, software, data or personal property while using this website or any other website which may be linked to this website and that using such websites is done at his/her own risk.
4. User understands that all materials, reports, information, and marks contained in this website contain intellectual property owned by the Company or licensed from third parties. The materials, reports, and information are protected under copyright law and may not be reproduced, distributed, or retransmitted without written permission of the Company. All rights are reserved. The marks on the website are protected under trademark law and may consist of trademarks, trade names and service marks, including the Company's logos and name. These marks are owned by the Company or licensed by the Company from third parties. User may not use or display these marks or confusingly similar marks in conjunction with other products or services without written permission of the Company.
5. User recognizes that the Company may at any time amend the terms of this Agreement by posting the amended Agreement on this website and that User's continued use of this website after the posting of any such amendment will constitute User's acceptance of such amendment. User does not have the right to amend the terms of this Agreement. User further acknowledges and agrees that the Company may add, delete or modify all or any portion of the services, materials, reports and/or information provided hereunder at any time. User also acknowledges and agrees that not all of the services or information displayed on this website may be available at such time.
6. THIS WEBSITE AND ALL SERVICES AND INFORMATION ARE PROVIDED "AS-IS", "WHERE IS" AND "WITH ANY AND ALL FAULTS." NEITHER THE COMPANY, NOR ITS EMPLOYEES, DIRECTORS, OFFICERS, OWNERS, AGENTS, VENDORS, CLIENTS, PARNTERS, SUCCESSORS, AND/OR ASSIGNS, MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION CONTAINED IN THIS WEBSITE NOR REPRESENT THAT USE OF THIS INFORMATION WOULD NOT INFRINGE OTHER THIRD PARTY RIGHTS.
FURTHER THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE TO THE USER OR ANY THIRD PARTY ARISING FROM USE OF THIS WEBSITE OR THE SERVICES OR INFORMATION PROVIDED HEREUNDER.
7. User agrees to indemnify, defend and hold the Company, its employees, directors, officers, owners, agents, representatives, vendors and partners harmless from any and all liability, loss, claim and expense (including attorneys' fees and costs) resulting from User's use of the information, materials, products or services listed in this website or resulting from User's violation of this Agreement.
8. This Agreement also incorporates the Company's Privacy and Security Policy and the other legal notices and disclosures posted in the website. It is recommended that the User familiarize himself/herself with the same since they are a part of this Agreement. Although the Company and its vendors and suppliers have taken steps to insure the confidentiality of information transmitted to them by the User via the Internet, the User is cautioned that unexpected changes in technology may be used by unauthorized third parties to intercept User information. Accordingly, the Company assumes no liability or responsibility should confidential information belonging to the User be intercepted and subsequently used by an unintended recipient.
9. The laws of the State of Texas (without giving effect to its conflicts of laws) will govern the interpretation and enforcement of this Agreement. User hereby consents to personal jurisdiction in the federal and state courts of Harris County, Texas for any actions arising out of or related to this Agreement.
10. If any of the provisions of this Agreement are held invalid or unenforceable by a court of law with jurisdiction over such matter, such provisions shall be deleted from this Agreement and the remaining provisions shall remain binding and enforceable. Failure by the Company to enforce any of its rights under this Agreement shall not be construed as a waiver of any provision or right to which the Company is entitled. The Company reserves the right to terminate User's access to the website for User's breach of the terms of this Agreement or for any actions taken by User that damage or may damage the website or the Company. User agrees that the terms of Sections 2,3, 6, 7, 8, 9 and 10 shall survive the termination of this Agreement.