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Terms of Use
These terms of use (“TOU Agreement”) governs Your use of the Austex Fence & Deck Website located at the URL https://austexfenceanddeck.com/ (the “Website”). This Privacy Policy applies to all users (“Users”) of the Website. The Website is operated by Lockett Holdings, LLC (doing business as “Austex Fence & Deck”) (“We” or “Us”).
You, as a User (where “User” is a person using the Website), must agree to this TOU Agreement in order to use the Website. You must be of legal age (over eighteen years of age in the United States) to use the Website.
- Acceptance of this TOU Agreement.
- This TOU Agreement governs all use of the Website, including posting or submitting content to Us or to the Website. You should periodically review the TOU Agreement.
- We reserve the right to modify this TOU Agreement. The most recent version of the TOU Agreement will always appear on the Website. You will always be bound by the most recent version of this TOU Agreement even if You are not notified of any changes. By continuing to use the Website, You accept any changes to this TOU Agreement. If You decide not to accept changes, You must cease using the Website.
- Privacy Policy.The Privacy Policy is a part of this TOU Agreement and incorporated into this TOU Agreement by reference.
- Use of the Website.
- You will use the Website only as described in this TOU Agreement and according to applicable laws and regulations. You are responsible for any content, communications, or comments that You submit to Us via the Website.
- You are responsible for Your actions that breach or could be reasonably construed as a breach of this TOU Agreement and You may be held responsible for any damages caused by a breach. You may not use the Website in a manner that would disrupt the Website or its use by other Users.
- We reserve the right to investigate any breach or alleged breach of this TOU Agreement and to report any breach or alleged breach of this TOU Agreement to law enforcement authorities if We believe that an illegal or unlawful act has occurred.
- We may prevent You from using the Website if We become aware of actions that breach (or that We may reasonably construe as a breach) of this TOU Agreement. We may limit or terminate Your use of the Website if We determine that Your conduct or actions are detrimental to other Users.
- Notifications by Text Message, Email, and Phone. We may send You notifications by text message. You may incur charges from Your cellular or mobile carrier for text messages and We are not responsible for these charges. You consent to receive notifications by text message by accepting this TOU Agreement and using the Website. Text messages from us will include instructions so that You can stop future text message communications. You may also receive notifications from Us by email or phone. Emails from Us will include “unsubscribe” instructions and We will cease to call you by phone upon notice.
- Third Party Websites.
- The Website may include links to or embedded content from websites operated by third parties (“Third Party Website(s)”).
- We have no control over any Third Party Website and are not liable for:
- any losses or damages You may incur by navigating to a Third Party Website,
- any losses or damages You may incur because a Third Party Website did not properly interact with the Website, or
- any losses or damages You may incur because a Third Party Website did not properly interact with the Website, or
- any losses or damages You may incur because the content from a Third Party Website did not properly embed on or interact with the Website.
- Unless otherwise noted, We do not endorse the links to or content of any Third Party Website.
- If You believe You have an issue or complaint with an operator of a Third Party Website then You should contact the operator directly.
- WARRANTY DISCLAIMER.
- REGARDING THE WEBSITE AND THE CONTENT PRESNTED ON THE WEBSITE, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE WEBSITE IS PROVIDED “AS-IS” AND YOU USE THE WEBSITE SOLELY AT YOUR OWN RISK. YOU WILL BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR COMPUTING DEVICE WHICH OCCURS AS A RESULT OF YOUR USE OF THE WEBSITE. WE MAKE NO WARRANTY THAT THE WEBSITE WILL BE AVAILABLE ON A CONTINUOUS BASIS.
- WE MAKE NO WARRANTY THAT ANY INFORMATION OR CONTENT AVAILABLE THROUGH THE WEBSITE IS TRUE, RELIABLE OR ACCURATE. WE MAKE NO WARRANTY THAT WE WILL CORRECT ANY ERRORS, DEFECTS OR OMISSIONS IN THE INFORMATION OR CONTENT ON THE WEBSITE.
- LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DAMAGES OR INTANGIBLE LOSS, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, OR ANY LOST PROFITS WHICH YOU MAY INCUR OR SUFFER, AS A RESULT OF (1) YOUR USE OF THE WEBSITE, (2) YOUR RELIANCE ON ANY CONTENT OR INFORMATION ON THE WEBSITE, OR (3) YOUR ACCESS OF INFORMATION HOSTED OR PROVIDED BY ANY THIRD PARTY WEBSITE. THIS LIMITATION OF LIABILITY SHALL NOT BE MODIFIED EVEN IF WE HAVE BEEN ADVISED OR MADE AWARE OF THE POSSIBILITY OF ANY SUCH DAMAGES OR LOSSES. IF YOU BELIEVE THAT YOU ARE AT RISK OF ANY TYPE OF LOSS, WHETHER TANGIBLE OR INTANGIBLE, THEN YOU SHOULD NOT USE THE WEBSITE.
- Indemnification. You agree to hold Us harmless and indemnify Us from and against any third-party claim arising from or in any way related to Your use of the Website in violation of this TOU Agreement, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.
- Policies Regarding Content Submitted by You.
- We are not responsible for any content posted or submitted by You or other Users to the Website, including Your reviews or evaluations of Our goods and services submitted to Third Party Websites which We may display on the Website. It is Your responsibility to review any content which You may submit to Third Party Websites which We may display on the Website. We do not endorse or support any content that is displayed on the Website which was created by You or other Users.
- We reserve the right, in Our sole discretion, to refuse to accept, post, display, or transmit any content You submit to the Website, including Your reviews or evaluations of Our goods and services submitted to Third Party Websites which We may display on the Website, if We believe that such content is or could be deemed to be offensive to other Users or disruptive to their use and enjoyment of the Website. We have the right to retain an archived copy of any removed content or to report any removed content to law enforcement authorities or to comply with applicable laws or regulations. We may also retain such content in order to preserve Our rights.
- You retain the rights to your comments or other proprietary content (“Your Proprietary Content”) that You submit, post or display on the Website, including Your reviews or evaluations of Our goods and services submitted to Third Party Websites which We may display on the Website. By submitting, posting or displaying Your Proprietary Content on the Website, You represent that You hold title to Your Proprietary Content and that Your submission or posting of Your Proprietary Content does not violate the privacy or proprietary rights of others.
- You grant Us a perpetual, worldwide, non-exclusive, fully paid-up and royalty-free license to reproduce, publish, create derivative works from, publicly display and distribute Your Proprietary Content through or on the Website. This license shall be operative even if We receive compensation or remuneration through operation of the Website, through any of Your Proprietary Content submitted, posted or displayed on the Website, or through any derivative works We prepare from Your Proprietary Content.
- We may transmit or distribute Your Proprietary Content submitted to the Website over various electronic networks and in various media and make such changes to Your Proprietary Content as necessary to conform and adapt such content to the Website. We may make Your Proprietary Content available to third parties for their own business purposes. You agree that the license to Your Proprietary Content that You grant to Us includes these rights.
- After it has been submitted, posted or displayed, Your Proprietary Content may remain available through the Website even if You decide to cease using the Website or terminate this TOU Agreement.
- Proprietary Nature of the Website.
- You acknowledge that, excepting Your Proprietary Content and the rights of third parties to their content submitted to, linked from, or embedded in the Website, We own all right, title and interest in and to the Website (including its underlying software code) and that U.S. and international intellectual property laws protect such rights.
- You will not reproduce, reverse engineer, copy, alter, modify, or create derivative works from the Website or its underlying software code. You agree that you will not use any robot, spider, other software or manual process to monitor, “scrape,” or copy any content available on the Website. You agree not to resell any of Our information, products, or services made available through the Website.
- Our standard character marks and stylized design marks on the Website are Our trademarks. These trademarks and Our other trademarks are protected under U.S. and international intellectual property laws. Other marks that may appear on the Website may be proprietary to their respective owners.
- Except as enumerated herein, nothing in this TOU Agreement gives You a license to use any of the Website’s underlying software code or any other proprietary content available through the Website.
- Contact. You may contact Us by email at info@austexfenceanddeck.com, by phone at 512-258-5000, or by mail at 7213 McNeil Drive, Austin, TX 78729.
- General.
- This TOU Agreement constitutes the entire agreement between You and Us regarding Your use of the Website.
- Any failure by Us not to exercise or enforce any legal right or remedy available to Us shall not be construed as a waiver of such right or remedy.
- If any court of competent jurisdiction rules that any provision of this TOU Agreement is invalid, then such provision shall be removed from this TOU Agreement without affecting the remainder of the TOU Agreement and this TOU Agreement will continue to be valid and enforceable.
- This TOU Agreement shall be governed under the laws of the State of Texas without regard to its conflict of laws provisions. Venue for any action brought under this TOU Agreement will be the courts of Travis County, Texas.
- Any claim or cause of action You may have against Us must be filed within two (2) years of the date on which the claim or cause of action occurred, or within two (2) years of the date on which You would have had reason to know of the occurrence of such claim or cause of action, or such claim or cause of action shall be forever barred.
- The Website has been designed to comply with the laws of the United States and We does not make any representation or warranty that use of the Website is legal or lawful in other jurisdictions. You will be solely responsible for complying with applicable law should You access or use the Website from outside the United States.
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