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Agreement between You and DGA HOUSTON
DGA HOUSTON provides this site (Site) and
related services to you subject to your
compliance with the conditions and terms of use
set forth below. You should read carefully the
following conditions and terms of use.
Your sole remedy for any disagreement with
these conditions and terms of use is to
discontinue or stop using this Site.
1. Warranty Disclaimer
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION
CONTAINED WITHIN THIS SITE OR ANY HYPERLINKED
WEB SITE, IS PROVIDED "AS IS", WITH NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NONINFRINGEMENT.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR
YOUR USE OF THIS SITE AND ANY HYPERLINKED WEB
SITE. YOU ASSUME TOTAL RESPONSIBILITY (1) FOR
THE ACCURACY, COMPLETENESS, OR RELIABILITY OF
ANY CONTENT OR INFORMATION CONTAINED WITHIN
THIS SITE OR ANY HYPERLINKED WEB SITE ON WHICH
YOU CHOOSE TO RELY AND (2) FOR VERIFYING ANY
SUCH CONTENT OR INFORMATION BEFORE RELYING ON
IT.
DGA HOUSTON IS 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 THIS SITE OR ANY HYPERLINKED WEB SITE
AND/OR THE USE OF ANY CONTENT OR INFORMATION
WITHIN ANY OF THE FOREGOING.
YOUR SOLE REMEDY FOR ANY DISSATISFACTION WITH
THIS SITE OR ANY HYPERLINKED WEB SITE IS TO
DISCONTINUE OR STOP USING THIS SITE OR ANY
HYPERLINKED WEB SITE.
Although DGA HOUSTON attempts to present
accurate, complete, and reliable information on
this Site, DGA HOUSTON makes no guarantees
whatsoever as to the accuracy, completeness, or
reliability of any such information. You should
be aware that this Site could include
inaccuracies, errors, or omissions, and that
unauthorized additions, deletions and
alterations could be made to this Site by third
parties. In the event that an inaccuracy,
error, or omission arises, please inform DGA
HOUSTON so that the inaccuracy, error, or
omission can be corrected. Information
contained on this Site may be changed or
updated without notice.
2. Prohibited Uses of Site
You represent and warrant to DGA HOUSTON that
you will neither use this Site for any purpose
nor engage in any activity in using this Site
that is unlawful or that violates the
conditions and terms of use of this Agreement.
3. Confidential and Proprietary Information
With the sole exception of secure credit card
transaction information sent using DGA
HOUSTON's secure order form, DGA HOUSTON does
not want to receive confidential or proprietary
information from you through this Site. Please
note that any unsecure information or material
sent to DGA HOUSTON will be deemed NOT to be
confidential. By sending DGA HOUSTON any
unsecure information or material, you grant to
DGA HOUSTON an unrestricted, irrevocable,
world-wide, royalty-free license to copy,
display, distribute, download, perform,
publish, reproduce, transfer, or use in any
form such information or material, and you also
agree that DGA HOUSTON is free to use, for any
purpose, any ideas, concepts, know-how, or
techniques that you send to us.
4. Links to Third Party Web Sites
DGA HOUSTON has provided in this Site links to
web sites maintained or sponsored by third
parties. DGA HOUSTON makes no representations
or warranties whatsoever about any third party
web site that you may access through this Site.
When you access a third party web site, please
understand that the third party web site is
independent from DGA HOUSTON, and that DGA
HOUSTON has no control over the content,
products, or services on the third party web
site. In addition, a hyperlink to a third party
web site does not mean that DGA HOUSTON
endorses or accepts any responsibility for the
content, information, products, or services on
the third party web site or for the use of any
of the foregoing. You are advised to take
precautions to ensure that whatever you select
for your use is free of items such as viruses,
worms, trojan horses, and other items of a
destructive nature.
5. Choice of Law and Venue
This Agreement is entered into in the State of
Texas, U.S.A., and shall be governed by and
construed in accordance with the laws of the
State of Texas, U.S.A., exclusive of its choice
of law rules. DGA HOUSTON and you hereby submit
to the exclusive jurisdiction of the U.S.
Federal and State courts sitting in the County
of Harris, in the State of Texas, U.S.A., and
waive any jurisdictional, venue, or
inconvenient forum objections to such courts.
In any action to enforce this Agreement, the
prevailing party will be entitled to reasonable
professional fees and expenses. In the event
that any provision of this Agreement is held by
a court or other tribunal of competent
jurisdiction to be invalid or unenforceable,
such provision shall be limited or eliminated
to the minimum extent necessary so that this
Agreement and the other provisions in this
Agreement shall remain otherwise in full force
and effect.
6. Entire Agreement
These conditions and terms of use constitute
the entire agreement between DGA HOUSTON and
you pertaining to the subject matter hereof,
and they supersede any and all prior written or
oral agreements between DGA HOUSTON and you
pertaining to such subject matter.
Revision Date:
01/08/2001
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