AS A VISITOR TO THIS WEBSITE, YOU ARE REQUIRED TO
PROVIDE CONSIDERATION FOR AND AS A CONDITION OF
ACCESSING THIS WEBSITE. THAT CONSIDERATION SHALL BE
IN THE FORM OF YOUR READING AND ACCEPTING THESE
TERMS OF USE, AS WELL AS READING AND ACCEPTING THE
PROVISIONS OF THE PRIVACY POLICY OF THIS WEBSITE.
ONLY BY PROVIDING THIS CONSIDERATION ARE YOU GRANTED
THE RIGHT OR PERMISSION TO VISIT, READ AND INTERACT
WITH THIS WEBSITE.
ALL PERSONS ARE DENIED ACCESS TO THIS WEBSITE UNLESS
THEY READ AND ACCEPT THE TERMS OF USE AND THE
PRIVACY POLICY IN THEIR ENTIRETY.
BY VIEWING, VISITING, USING, OR INTERACTING WITH
THIS WEBSITE OR WITH ANY BANNER, POP-UP,
ADVERTISING, FORM, DOCUMENT, LETTER, BUTTON, LINK, MAILTO
LINK, OR SIMILAR FEATURE THAT MAY APPEAR ON IT, YOU
ARE AGREEING TO ALL THE PROVISIONS OF THESE TERMS OF
USE AND OF THE PRIVACY POLICY OF THIS WEBSITE.
YOU MUST BE 18 YEARS OF AGE OR OLDER TO ACCESS THIS
WEBSITE. IF YOU ARE UNDER 18 YEARS OF AGE, YOU ARE
NOT PERMITTED TO ACCESS THIS WEBSITE FOR ANY REASON.
DUE TO THE AGE RESTRICTIONS FOR USE OF THIS WEBSITE,
NO INFORMATION OBTAINED BY THIS WEBSITE FALLS WITHIN
THE CHILD ONLINE PRIVACY ACT (COPA) OF 1998, AND IS
NOT MONITORED AS DOING SO.
THIS WEBSITE RESERVES THE RIGHT TO DENY ACCESS TO
ANY PERSON OR VIEWER FOR ANY REASON. UNDER THE
TERMS OF THE PRIVACY POLICY, WHICH YOU ACCEPT AS A
CONDITION OF ACCESSING AND VIEWING, THE WEBSITE IS
ALLOWED TO COLLECT AND STORE DATA AND INFORMATION
FOR LEGITIMATE AND LAWFUL PURPOSES.
THESE TERMS OF USE MAY CHANGE FROM TIME TO TIME.
VISITORS HAVE AN AFFIRMATIVE DUTY, AS PART OF THE
CONSIDERATION REQUIRED TO VIEW THIS WEBSITE, TO KEEP
THEMSELVES INFORMED OF CHANGES.
PARTIES TO THE TERMS OF USE AGREEMENT
Visitors, viewers, users, subscribers, members,
affiliates, clients or customers, collectively referred to
herein as "Visitors," are parties to this
TERMS OF USE agreement. The website and its owners
and/or operators, herein referred to as "Website,"
are also parties to this agreement.
USE OF INFORMATION FROM THIS WEBSITE
Unless you have entered into an express written
contract with this website or its owners to the
contrary, Visitors have no right to use this
information in a commercial or public manner,
including having no rights to broadcast, copy, save,
print, sell, or publish any portions of the content
of this website. By viewing the contents of this
website you agree to this condition of viewing and
you acknowledge that any unauthorized use is
unlawful and may subject you to civil or criminal
penalties. Visitors have no right whatsoever to use
the contents of, or portions thereof, including its
databases, invisible pages, linked pages, underlying
code, or any other intellectual property the site
may contain, for any reason and for any use
whatsoever. Visitor agrees to liquidated damages in
the amount of U.S. $100,000 in addition to costs and
actual damages for breach of this provision.
Visitor warrants that he or she understands that
accepting this provision is a condition of viewing
and that viewing constitutes acceptance.
OWNERSHIP OF WEBSITE OR RIGHT TO USE, SELL, PUBLISH
CONTENTS OF THIS WEBSITE
The website and its contents are owned partly or
wholly, or licensed, by the Website. Material
contained on the website must be presumed to be
proprietary and copyrighted. Visitors have no
rights whatsoever in the site content. Use of
website content for any reason is unlawful unless it
is done with express contract or permission of the
Website.
HYPERLINKING TO SITE, CO-BRANDING, "FRAMING" AND
REFERENCING SITE PROHIBITED
Unless expressly authorized by Website, no one may
hyperlink this site, or portions thereof,
(including, but not limited to logotypes,
trademarks, branding, images or copyrighted
material) to theirs for any reason. Further, you
are not allowed to reference the URL (website
address) of this website in any commercial or
non-commercial media without express permission, nor
are you allowed to 'frame' the site. You
specifically agree to cooperate with the Website to
remove or de-activate any such activities and be
liable for all damages. You hereby agree to
liquidated damages of US $100,000.00 plus costs and
actual damages for violating this provision.
DISCLAIMER FOR CONTENTS OF SITE
The website disclaims any responsibility for the
accuracy of the content of this website. Visitors
assume all the risk of viewing, reading, using, or
relying upon this information. Unless you have
otherwise formed an express contract to the contrary
with the Website, you have no right to rely on any
information contained herein as accurate. The
website makes no such warranty.
DISCLAIMER FOR HARM CAUSED TO YOUR COMPUTER OR
SOFTWARE FROM INTERACTING WITH THIS WEBSITE OR ITS
CONTENTS. VISITOR ASSUMES ALL RISK OF VIRUSES,
WORMS, OR OTHER CORRUPTING FACTORS.
The Website assumes no responsibility for damage to
computers or software of the visitor or any person
the visitor subsequently communicates with from
corrupting code or data that is inadvertently passed
to the visitor's computer. Again, visitor views and
interacts with this site, banners, pop-ups,
advertising and other similar features displayed
thereon, at his or her own risk.
DISCLAIMER FOR HARM CAUSED BY DOWNLOADS
Visitor downloads information from this site at his
or her own risk. Website makes no warranty that
downloads are free of corrupting computer codes,
including, but not limited to, viruses and worms.
Visitor is warned to always have his or her security
features in place, including all the latest security
downloads and updates for the prevention of viruses,
worms and other similarly dangerous manifestations.
LIMITATION OF LIABILITY
By viewing, using, or interacting in any manner with
this site, including any features, downloads, and as
a condition of the Website to allow his or her
lawful viewing, Visitor forever waives all right to
claims of damage of any and all description based on
any causal factor resulting in any possible harm, no
matter how heinous or extensive, whether physical or
emotional, foreseeable or unforeseeable, whether
personal or business in nature.
INDEMNIFICATION
Visitor agrees that in the event he causes damage,
which the Website is required to pay for, the
Visitor, as a condition of viewing, promises to
reimburse the Website for all such damages.
SUBMISSIONS
Visitor agrees as a condition of viewing, that any
communication between Visitor and Website is deemed
a submission. All submissions, including portions
thereof, graphics contained thereon, or any of the
content of the submission, shall become the
exclusive property of the Website and may be used,
without further permission, for commercial use and
in accordance with the Privacy Policy of the
Website, without additional consideration of any
kind. Visitor agrees to only communicate that
information to the Website, that he or she wishes to
allow the Website to use. "Submissions" is
also a provision of the Privacy Policy. Visitor may
opt-out of this provision by following the steps
described in the Privacy Policy of this Website.
NOTICE
No additional notice of any kind for any reason is
due Visitor and Visitor expressly warrants an
understanding that the right to notice is waived as
a condition for permission to view or interact with
the website.
DISPUTES
As part of the consideration that the Website
requires for viewing, using or interacting with this
website, Visitor agrees to use binding arbitration
for any claim, dispute, or controversy ("CLAIM") of
any kind (whether in contract, tort or otherwise)
arising out of or relating to any purchase or
commercial transaction initiated on this Website,
this product or service, including solicitation
issues, privacy issues, and terms of use issues.
Arbitration shall be conducted pursuant to the rules
of the American Arbitration Association which are in
effect on the date a dispute is submitted to the
American Arbitration Association. Information
about the American Arbitration Association, its
rules, and its forms are available from the American
Arbitration Association, 335 Madison Avenue, Floor
10, New York, New York, 10017-4605. Any and
all arbitration hearings shall take place in the
city or county of the Website and its owners,
currently City of San Antonio, County of Bexar, in
the state of Texas.
In no case shall a Visitor have the right to go to
court or have a jury trial. Visitor shall have no
right to engage in pre-trial discovery except as
provided for in the rules of arbitration. Visitor
shall not have the right to participate as a
representative or member of any class of claimants
pertaining to any claim subject to arbitration. The
arbitrator's decision will be final and binding with
limited rights of appeal.
The prevailing party shall be reimbursed by the
other party for any and all costs associated with
the dispute arbitration, including attorney fees,
collection fees, investigation fees, travel
expenses.
JURISDICTION AND VENUE
If any matter concerning a purchase or commercial
transaction initiated on this Website shall be
brought before a court of law, either before or
after arbitration, Visitor agrees that the sole and
proper jurisdiction shall be the state district
court of Bexar County, City of San Antonio, state of
Texas, unless otherwise here specified. In the
event that litigation is in a federal court, the
proper court shall be the closest federal court to
the Website Owner’s address.
APPLICABLE LAW
Visitor agrees that the applicable law to be applied
shall, in all cases, be that of the state of Texas.
CONTACT INFORMATION
Please visit my
contact page.