Consent and Acceptance of Terms
BY USING THE SITE, YOU ARE ACCEPTING THESE TERMS. If you do not agree with these Terms, do not use the Site. These Terms are not intended to and do not create any contractual or other legal rights in or on behalf of you or any third party. These Terms are subject to change at any time by Embree, and we will notify you of any change by postings on the Site. We encourage you to review these Terms regularly for any changes. Your continued use of the Site following the posting of changes or amendments to these Terms constitutes acceptance of those changes and amendments.
Disclaimer of Warranties
Embree and/or its licensors make no representations about the suitability of the information contained in the content, documents and related graphics published on the Site (the “Materials”) for any purpose. THE SITE AND ALL MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. EMBREE AND/OR ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE MATERIALS AND THE SITE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, TITLE AND NON-INFRINGEMENT. THERE IS NO WARRANTY THAT MATERIALS PROVIDED ON THE SITE WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. EMBREE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON THE SITE OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO THE SITE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EMBREE OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. THE SITE AND MATERIALS COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.
Limitations and Exclusions of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT EMBREE AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHATSOEVER, WHETHER IN A CONTRACT, NEGLIGENCE OR OTHER ACTION, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF EMBREE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM:
- THE USE OR THE INABILITY TO USE THE SITE;
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
- THE FACT THAT YOU HAVE RELIED ON INFORMATION FROM THE SITE;
- STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR
- ANY OTHER MATTER RELATING TO THE SITE.
IF YOU ARE DISSATISFIED WITH THE SITE, OR THE INFORMATION CONTAINED THEREON, OR REFUSE TO ABIDE BY THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE. NOTWITHSTANDING THE FOREGOING, EMBREE’S LIABILITY TO YOU SHALL IN NO CASE EXCEED $100. YOU FURTHER AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS
REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST EMBREE ARISING OUT OF THE USE OF THE SITE.
Linked websites are not under the control of Embree, and Embree is not responsible for the content of any linked website or any link contained in a linked website, or any changes or updates to such websites. Embree makes no warranties, explicit or implied, regarding the performance of the links, the performance of outside websites or the contents of outside websites. Embree is providing these links to you only as a convenience, and the inclusion of
any link does not imply endorsement by Embree of the outside website. Embree reserves the right to terminate any link at any time. If you decide to access any of the outside websites linked to the Site, you do so entirely at your own risk.
ANY LINKS THAT ARE PROVIDED ARE NOT INTENDED TO STATE OR IMPLY THAT EMBREE SPONSORS, IS AFFILIATED OR ASSOCIATED WITH, OR IS LEGALLY AUTHORIZED TO USE ANY TRADE NAME, REGISTERED TRADEMARK, LOGO, LEGAL OR OFFICIAL SEAL, OR COPYRIGHTED SYMBOL (“MARKS”) THAT MAY BE INCLUDED ON THE LINKED WEBSITE.
License to Use the Site
The Materials on the Site are copyrighted, and any unauthorized use of any Materials on the Site may violate copyright, trademark, and other laws. You may temporarily download one copy of Materials that may be provided to you through the Site on a single computer for your personal, non-commercial internal use only, unless specifically licensed to do otherwise by Embree in writing.
This license is subject to the other restrictions contained in these Terms. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Embree at any time. Upon terminating your viewing of these Materials or upon the termination of this license, you must destroy any downloaded Materials in your possession whether in electronic or printed format other than any contracts or terms that may apply or notices related to any transaction between you and Embree. Your use of the Site is at the sole discretion of Embree, which may deny you further use of the Site at any time, for any reason, with or without cause. Your use of the Site does not entitle you to continued use of the Site.
Your use of the Site must always comply with applicable law. This is a license, not a transfer of title, and is subject to the restriction below. You may not (a) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in any of the Materials contained in the Site except and only to the extent that such activity is permitted by applicable law notwithstanding this limitation, (b) use the Site or any of Materials for any commercial purpose, or any public display, performance, sale or rental, (c) decompile, reverse engineer, or disassemble the Site or any of the Materials, (d) copy, display or otherwise use any of the Marks included on the Site or remove any copyright or other proprietary notices from any of the Materials, or (e) transfer any of the Materials to another person. You agree to prevent any unauthorized copying of the Materials. In particular, but without limitation, you agree not to use the Site to (a) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity, (b) upload, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, pornographic, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, (c) upload, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or (d) upload, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, network, hardware or telecommunications equipment. The entire Site, and all object code and source code, text, graphics, multimedia content, including but not limited to images, illustrations, html and other mark up languages, and all scripts within the Site associated therewith, are the copyright material of Embree or its licensors.
All rights reserved worldwide. The copyrighted and proprietary property of Embree may not be duplicated or used without Embree’s express prior written consent.
Access and Interference
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy the Site or the Materials contained herein without our prior express written permission. You agree that you will not use any device, software or routine to bypass any code which may be included to prevent you from breaching the obligations in these Terms to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our host’s infrastructure.
You may not engage in the practices of “screen scraping,” “database scraping,” or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from the Site, in any manner or in any quantities not authorized by Embree. Systematic retrieval of data from the Site to create or compile directly or indirectly, in whole or in part, a collection, compilation, database or directory without the express written permission of Embree is strictly prohibited. You may not frame or utilize framing techniques to enclose any Marks, or other proprietary information (including images, text, page layout, or form) of Embree or its affiliates without prior express written consent. You may not “mirror” the materials on the Site on any other server. You may not use meta tags or any other “hidden text” utilizing Embree’s Marks without the express written consent of Embree.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS EMBREE AND ITS AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING WITHOUT LIMITATION CLAIMS BASED UPON THE NEGLIGENCE OF EMBREE, ARISING FROM OR RELATED TO YOUR USE OF THE SITE, THE MATERIALS IT CONTAINS, AND ANY OUTSIDE WEBSITES LINKED TO THE SITE. ADDITIONALLY, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS EMBREE FROM AND AGAINST ANY AND ALL CLAIMS, SUITS, LIABILITIES, AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) ARISING IN ANY WAY OUT OF CLAIMS BASED UPON ANY ACTIONS TAKEN BY ANY PERSON USING YOUR INFORMATION.
The Site is controlled by Embree from its offices within the United States. Embree makes no representation that Materials on the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access the Site from other locations do so at their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials in violation of U.S. export laws and regulations. Any claim relating to the Materials shall be governed by the internal substantive laws of the State of Texas.
These Terms were updated on July 19, 2012.
If you have a comment, question or request, or if you need to contact Embree for any other reason, there are four easy ways to do so.
- Email: You can email us at firstname.lastname@example.org
- Telephone: You may call us call us at 512-819-4700.
- Fax: You may fax us at 512-863-6357.
- U.S. Mail: Send mail to Embree at:
4747 Williams Drive
Georgetown, TX 78633