Effective : August 16, 2010
The following terms apply to your use of and access to any Texas Lone Star Network (“TLSN”)
owned or operated website (“Website”), as well as any electronic transmission sent, received,
accessed or stored via any TLSN Network (“Network”), including without limitation TLSN’s
telecommunications services, Internet services, and internal email network for communicating
framing and/or linking to this Website, you acknowledge that you have read, understand, and
and regulations. The Terms do not in any way alter the terms or conditions of any other written
or online terms of purchase or use of a particular service provided by TLSN, or any agreements
you may have executed with TLSN. To the extent that there is any conflict between these
Terms and any other written agreement executed by you and TLSN relating to services you
have purchased from TLSN, the terms of the other written agreement(s) shall control during the
term of such agreement(s). Users of this Website acknowledge that they are 18 years or older.
If you do not agree to these Terms, do not use this Website. In the event that one or more
provisions of these Terms are held, for any reason, to be invalid, illegal, or unenforceable in any
respect, such validity, illegality or unenforceability shall not affect any other provision contained
in the Terms, which shall remain valid and enforceable.
2. Changes to the Terms or Site.
TLSN may change or modify the Terms from time-to-time without notice other than posting the
amended Terms on the Website. The amended Terms shall be automatically effective upon
posting to the Website. Your continued use of the Website after any changes in these Terms
shall constitute your acceptance of and consent to the change(s). TLSN reserves the right to
change, modify or discontinue, temporarily or permanently, the Website or any portion thereof,
including any and all content contained on the Website, at any time without notice. You agree
that TLSN shall not be liable to you or to any third party for any modification, suspension or
discontinuance of the Website in whole or in part.
3. General Disclaimer.
This Website has been compiled by TLSN from internal and external sources. While TLSN has
attempted to provide accurate information on this Website, no representations are made or
warranties given as to the completeness or accuracy of the information on the Website. THIS
WEBSITE IS INTENDED SOLELY FOR USE IN THE UNITED STATES OF AMERICA. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY A USER OF
THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE
TERMS. THE INFORMATION ON THIS WEBSITE IS PROVIDED “AS IS” WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TLSN SHALL NOT BE LIABLE FOR
ANY DAMAGES SUFFERED OR INJURY CAUSED TO YOU, INCLUDING ANY DIRECT,
INDIRECT, SPECIAL, CONSEQUENTIAL AND/OR INCIDENTAL DAMAGES, RESULTING
FROM YOUR ACCES TO, OR INABILITY TO ACCESS, THIS WEBSITE, EVEN IF TLSN HAS
BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES.
TLSN periodically schedules system downtime for maintenance and other purposes. Unplanned
system outages also may occur. TLSN shall have no liability whatsoever for the resulting
unavailability of the Website or for any loss of data that may occur due to system outages,
4. Third Party Products and Services; Linking and Framing.
This Website may contain links or references to other websites not operated by TLSN, including
sites provided by the State of Texas or the United States federal government. TLSN has no
responsibility for or control over the content of these other websites, does not make any
representations or give any warranties with respect to any information contained in or at other
websites, and shall not be liable for any damages or injury arising from the content of these
other websites. TLSN does not endorse companies, products or services to which it has
provided links. Any links to other sites are provided merely as a convenience to the users of
this Website and, if you decide to access any of the third-party sites linked to this Website, you
do so entirely at your own risk. TLSN reserves the right to terminate any link or linking program
at any time. You acknowledge that this Website may link to other sites not controlled by TLSN
and the TLSN is not responsible for the data collection and privacy policies of third-party sites.
each site you visit for the terms applicable to use of those sites.
of your personally identifiable information through or in connection with our Website. TLSN’s
these Terms. You understand that through your use of this Website you consent to the
6. User Communications & Submissions to TLSN; Indemnification.
It is TLSN’s policy that we will not accept or consider submissions of concepts, stories or
potential content. Therefore, please do not send TLSN unsolicited submissions. Any material
you send will not be treated as confidential. Further, you agree not to propose, post or submit to
TLSN ideas, concepts, copy , proposals, inventions, methods or techniques for new or proposed
services or products (collectively, “Submitted Materials”) through the TLSN Site. In the event
you do so, you hereby grant to TLSN a perpetual, worldwide, irrevocable, unrestricted, royalty-
free, non-exclusive license to all Submitted Materials in any manner whatsoever without any
compensation or attribution to you. You also grant to TLSN the right, at its sole discretion, to
use your name in connection with the Submitted Materials and other information as well as in
connection with all advertising, marketing and promotional material related to such material and
information. Use of Submitted Material shall not require permission from or payment to you or
to any other person or entity. You agree that TLSN is not under any obligation of confidentiality,
express or implied, with respect to the Submitted Material. You further agree that you have no
recourse against TLSN for any alleged or actual infringement or misappropriation of any
intellectual property right in or to the Submitted Material and that the submission of any
Submitted Material to TLSN irrevocably waives any and all “moral rights” in or to such Submitted
Materials. You represent or otherwise warrant that you own or otherwise control all rights to the
Submitted Material that you post, that the Submitted Material is accurate, and that use of the
Submitted Materials you supply does not violate the Terms, does not constitute a breach of any
obligation of confidentiality you may have, and does not cause injury to or violate the rights of
any person or entity.
use communications you send to or receive from this Website or otherwise send to or receive
You agree to indemnify, defend and hold harmless TLSN and its content and service providers,
licensors, suppliers, and affiliates, and each of their respective subsidiaries, affiliates, officers,
agents and employees, from and against all losses, expenses, damages and costs, including
reasonable attorneys’ fees, made by any third party due to or arising out of Submitted Material
or any other content you submit or send to TLSN via the Website or through any other means,
your use of the Website, your connection to our Website, your violation of these Terms, or your
violation of any law or the rights of another. These obligations will survive any termination of
any relationship you may have with TLSN or your use of this Website. TLSN reserves the right
to assume the defense and control of any matter subject to indemnification by you, in which
case you will cooperate with TLSN in asserting any available defenses.
7. COPYRIGHT COMPLAINTS
TLSN respects the intellectual property rights of others. If you believe your work has been
copied and has been posted, stored or transmitted to TLSN in a way that constitutes copyright
infringement, please submit a notification pursuant to the Digital Millennium Copyright Act
(“DMCA”) by providing TLSN’s Copyright Contact the following written information:
TLSN’s Copyright Contract for notice of claims of copyright infringement on the TLSN website
can be reached at the following email address: copyright@TLSN.net
8. DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A. YOUR USE OF TLSN’S WEBSITE, INCLUDING ANY CONTENT OR INFORMATION
CONTAINED WITHIN THE WEBSITE, ANY SITE-RELATED SERVICE OR SOFTWARE THAT
IS PROVIDED TO YOU, ARE AT YOUR SOLE RISK. OUR WEBSITE, INCLUDING ANY
CONTENT, SOFTWARE OR INFORMATION CONTAINED WITHIN THE SITES AND AY SITE-
RELATED SERVICE, IS PROVIDED ON AN “AS IS“ AND “AS AVAILABLE” BASIS. TLSN
AND ITS AFFILIATES, SPPLIERS, LICENSORS AND OTHER RELATED PARTIES, AND
THEIR RESPECTIVE OFFICERS, AGENTS, REPRESENTATIVES AND EMPLOYEES
EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS,
STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF
DATA AND NON-INFRINGEMENT. BECAUSE SOME JURISDICTIONS MAY NOT PERMIT
THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THESE EXCLUSIONS MAY NOT
APPLY TO YOU.
B. TLSN AND ITS AFFILIATES, SPPLIERS, LICENSORS AND OTHER REALTED
PARTIES, AND THEIR RESPECTIVE OFFICERS, AGENTS, REPRESENTATIVES AND
EMPLOYEES MAKE NO WARRANTY THAT: (i) TLSN’S WEBSITE WILL MEET YOUR
REQUIREMENTS; (ii) MATERIALS, SOFTWARE OR CONTENT AVAILABLE FOR
DOWNLOAD FROM THE WEBSITE ARE FREE OF INFECTION OR VIRUSES, WORMS,
TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR
DESTRUCTIVE PROPERTIES; (iii)TLSN’S WEBSITE WILL BE UNINTERRUPTED, TIMELY,
SECURE (INCLUDING FREE FROM UNAUTHORIZED ACCESS), PROVIDE CONTINUOUS
STORAGE OR ACCESS, OR ERROR-FREE; (iv) THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF TLSN’S WEBSITE WILL BE ACCURATE, COMPLETE OR RELIABLE,
AND (v) ANY ERRORS IN OUR WEBSITE OR SOFTWARE WILL BE CORRECTED.
C. ANY MATERIAL DOWNLOADED, UPLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF OUR WEBSITE OR SOFTWARE IS DONE AT YOUR OWN
DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR BUSINESS OR LOSS OF DATA THAT RESULTS FROM
THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL OR THE USE OF OUR WEBSITE
D. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM TLSN OR THOURGH OUR WEBSITE SHALL CREATE ANY WARRANTY.
9. LIMITATION OF LIABILITY.
IN NO EVENT SHALL TLSN, ITS EMPLOYEES, OFFICER, REPRESENTATIVES, SERVICE
PROVIDERS, SUPPLIERS, LICENSORS, AND AGENTS BE LIABLE FOR ANY DIRECT,
SPECIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR
CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT
NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN
AN ACTION IN CONTRACT, TORT(INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR
OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (i) THE USE OR
INABILITY TO USE THE WEBSITE OR ITS CONTENT, MATERIALS, SOFTWARE, OR
INFORMATION OPROVIDEDE ON OR THORUGHT THE WEBSITE; OR (ii) ANY CLAIM
ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THES
WEBSITE OR CONTENT, MATERIALS, SOFTWARE, INFORMATION, PRODUCTS, OR
SERVICES ON OR AVAILABLE THROUGH THE WEBSITE; (iii)THE COST OF
PROCUREMENT OF SUBSTITUE GOODS OR SERVICES PURCHASED OR OBTAINED
THROUGH OR FROM OUR WEBSITE, IF ANY; (iv) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF
ANY THIRD PARTY ON OUR WEBSITE; (vi) THE DELAY OR FAILURE IN PERFORMANCE
RESULTING FROM AN ACT OF FORCE MAJEURE, INCLUDING WITHOUT LIMITATION
ACTS OF GOD, NATURAL DISASTERS, COMMUNICATIONS FAILURE, GOVERNMENTAL
ACTIONS, WARS, STRIKES, LABOR DISPUTES, RIOTS, SHORTAGES OF LABOR OR
MATERIALS, VANDALISM, TERORISM, NONPPERFORMANCE OF THIRD PARTIES OR
ANY REASONS BEYOND THEIR REASONABLE CONTROL; OR (vii) ANY OTHER MATTER
RELATING TO OUR WEBSITE, EVEN IF TLSN HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE
IS TO STOP USING THE WEBSITE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY, IMPLIED
WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES SET FORTH
ABOVE, SO THIS LIMITATION LOF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF
THIS LIMITATION OR LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR
ANY REASON, THEN THE AGGREGATE LIABILITY OF TLSN UNDER SUCH
CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED
SHALL NOT EXCEED ONE HUNDRED US DOLLARS ($100 USD).
10. Intellectual Property Rights.
Services, technology, and/or processes referenced and described in this Website are the
subject of intellectual property rights reserved by TLSN or its suppliers and Members, including
without limitation certain patent and trademark rights. Nothing contained in this Website or
these Terms shall be construed as conferring to you personally, or to your organization in any
manner, whether by implication, estoppel or otherwise, any license, title, interest or ownership of
or to ay intellectual property right or interest of TLSN or its suppliers or Members.
11. Use Restrictions.
The copyright in all material provided on this Website is held by Dell or by its licensors or
suppliers. Except as stated here, none of the material may be copied, reproduced, distributed,
re-published, downloaded, displayed, posted or transmitted in any form or by any means,
including but not limited to electronic, mechanical, photocopying, recording or otherwise, without
the prior written permission of TLSN or the copyright owner. Permission is granted to display,
copy, distribute, and download the materials on this Website for personal, non-commercial use
only, provided you do not modify the materials and that you retain all copyright and other
proprietary notices contained in the materials. This permission terminates automatically if you
breach any of these terms or conditions. Upon termination, you must immediately destroy any
downloaded and printed materials. You also may not, without TLSN’s permission, “mirror” any
material contained on this Website on any other server. Any unauthorized use of any material
contained on this Website may violate copyright laws, trademark laws, the laws of privacy and
publicity, and communications regulations and statutes.
12. U.S. Government Restricted Rights.
The materials on this Website as well as all TLSN services and publications are commercial in
nature. Any materials copied or downloaded from this Website for or on behalf of the United
States of America, its agencies or instrumentalities (“U.S. Government”), are provided with
“RESTRICTED RIGHTS”. Use, duplication, or disclosure by the U.S. Government is subject to
restrictions set forth in applicable laws and regulations, including but not limited to the
restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer
Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial
Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable.
13. No Waiver; Enforcement.
TLSN’s failure to exercise any right of enforcement occurring upon any event of non-compliance
with these Terms shall not impair any such right or power or be construed to be a waiver of such
right or provision. Any waiver by TLSN of any of the covenants, conditions, or agreements to be
performed by you shall not be construed to be a waiver of any succeeding breach or of any
covenant, condition, or agreement contained in these Terms or elsewhere.
14. Governing Law and Jurisdiction; Miscellaneous.
These Terms and access to this Website are governed and construed in accordance with the
laws of the State of Texas applicable to agreements made and to be performed in the State of
Texas. Any legal action or proceeding between TLSN and you for any purpose concerning
these Terms or the parties’ obligations here under shall be bought exclusively in a federal or
state court of competent jurisdiction sitting in Austin, Travis County, Texas.
Neither the course of conduct and/or course of dealing between the parties nor trade practice
shall act to modify any provision of these Terms. TLSN may assign its rights and duties under
this agreement to any party at any time without notice to you. Your rights and duties under
these Terms are not assignable by you without the prior written consent of TLSN. These terms
do not provide any third party with a remedy, claim or right of reimbursement. You must file any
claim or suite related to our Website within one (1) year after it arises.