Texas Compression Terms of Use
1. Acceptance of Terms of Use.
Please review the following terms and conditions carefully. This agreement (the “Terms of Use”) is a legally binding contract between you and Texas Compression, its business units, divisions, affiliates, and subsidiaries, regarding your access to and use of any Site operated by Texas Compression, including any site from which you access these Terms of Use (collectively, the “Site”).
Through the Site, Texas Compression offers information regarding its services, products, and organization. You must read, agree with, and accept all of the terms and conditions contained in these Terms of Use and the Privacy Policy. By accessing the Site and/or Services, you agree to the terms and conditions as outlined in these Terms of Use. If you do not agree to be bound by these Terms of Use, you are not authorized to use or access the Site or the Services.
2. Security
You agree to submit accurate, current, and complete information about you and your organization, if applicable, and promptly update such information, if applicable, when required. Should Texas Compression suspect that such information is untrue, inaccurate, not current, or incomplete, Texas Compression has the right, but not the obligation, to suspend or terminate your access to the Site and/or seek updated information from you.
3. Restricted Rights
The materials on the Site are provided with “Restricted Rights.” All use, duplication, or disclosure of the software and related documentation obtained from the Site by the government is subject to restrictions as outlined in paragraphs (c)(1)(ii) of the Rights in Technical Data Computer Software Clause at DFARs 252.22-70013 and/or subparagraphs c(1) and c(2) of the Commercial Computer Software Restricted Rights Clause at 48 C.F.R. 52.227-19 or its provision(s), as applicable. The contractor/vendor/ manufacturer is Texas Compression, 2214 West 43rd Street, Suite B, Houston, Texas 77018. No other governments are authorized to use the materials appearing on the Site without prior written permission from Texas Compression.
4. Product and Service Pricing and Availability
Texas Compression will not be responsible for typographical or other errors or omissions regarding products, prices, services, or other information advertised on the Site. All product sales and promotions are subject to these Terms of Use. Promotional offers, prices, and services are for a limited time or as specified. Prices and promotions are subject to change without prior notice. Inventory and availability are subject to rapid change. Please contact Texas Compression for up-to-the-minute information. Texas Compression provides links to third-party Sites on its Site for your convenience. Texas Compression cannot guarantee that information, pricing, and availability of goods and/or services offered on the linked third-party websites is accurate or that it will not change. Texas Compression also provides Contact information for Texas Compression employees overseeing its Services for your information, however, Texas Compression cannot guarantee that such contact information is current, or that the persons listed will be available to talk to you.
5. Your Conduct
You agree not to:
- upload, transmit, post, email, or otherwise make available to the Site, or the Services, any content or other material in any format that: (i) is false, inaccurate, misleading, fraudulent, unlawful (including, but not limited to, laws governing consumer protection, unfair competition, antidiscrimination, or false advertising), harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, invasive of another’s privacy, libelous and/or otherwise objectionable; (ii) infringes any third party’s intellectual property, whether a copyright, patent, trademark, trade secret, or other proprietary right or rights of publicity or privacy; or (iii) contains viruses, worms, Trojan horses, time bombs, bots, corrupted files, or any other similar software or programs designed to interrupt, interfere, intercept, expropriate, destroy or limit the functionality of any data, personal information, computer software or hardware or telecommunications equipment;
- alter, remove, or falsify any attributions or other proprietary designations of origin or source of any other content appearing on the Site or via the Services or contained in a file that is uploaded to the Site or the Services;
- impersonate any person or entity, including, but not limited to, any Texas Compression official, or falsely state or otherwise, misrepresent your affiliation with a person or entity;
- attempt, through any means, to gain unauthorized access to the Site or the Services, or another user’s account on the Site and/or the Services;
- use any robot, scraper, spider, other automatic device, or manual process to monitor or copy any information or content contained in the Site and/or the Services without our prior express written permission. Systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without our prior written permission is prohibited;
- take any action that imposes an unreasonable or disproportionately large load on the Site’s and/or Services infrastructure;
- create liability for Texas Compression or cause Texas Compression to lose (in whole or part) the services of its information technology partners or other suppliers; or
- consummate any transaction that was initiated using the Services that, by paying to Texas Compression a fee or other consideration would cause Texas Compression to violate any applicable law, statute, ordinance, or regulation, or that violate these Terms of Use or the Privacy Policy
6. Proprietary Rights Restrictions
All material on the Site, including, without limitation, all informational text, design of and “look and feel,” layout, photographs, graphics, audio, video, messages, interactive and instant messaging design and functions, files, documents, images, or other materials (collectively, the “Materials”), whether publicly posted or privately transmitted, as well as all derivative works, are owned by Texas Compression or other parties that have licensed their material to Texas Compression, and are protected by copyright, trademark, and other intellectual property laws. Texas Compression disclaims any proprietary interest in copyrights, trademarks, service marks, logos, slogans, domain names and trade names other than its own. Trademarks, logos, images, audio, and service marks displayed on the Site are the property of either Texas Compression or other third parties; you agree not to display or use such property without Texas Compression’s prior written permission.
7. Links with Other Websites
The Site contains links to third-party websites as an accommodation to you. The Site can also be accessed through links contained on third-party websites. The third-party linked websites are not under the control of Texas Compression. Texas Compression does not endorse, adopt, or undertake any responsibility for the content or privacy practices of any third-party website, including, but not limited to, the information provided at third-party websites that may link the user to the Site. If you have accessed the Site through a third-party link, you are still bound by the terms and conditions of these Terms of Use. In no event shall Texas Compression be responsible for any content or other materials on or available on any third-party websites.
8. Indemnification
You agree to indemnify, hold harmless and release Texas Compression (and its employees, officers, directors, stockholders, agents, licensors, and their respective successors and assigns), from and against all claims, damages, costs, and expenses, including reasonable attorney’s fees, arising from or related to your use or misuse of the Site, the Services, and/or any content contained therein or provided thereby, including, but not limited to, information from third-party websites linked to the Site.
9. Local Laws and Export Controls
The Site and the Services may provide goods and/or services and/or use software and technology that may be subject to United States export controls administered by the U.S. Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, and other U.S. agencies and the export control regulations of the European Union. You acknowledge and agree that the Site shall not be used, and none of the underlying information, software, or technology may be transferred or otherwise exported or re-exported to Afghanistan, Burma, Cuba, Iraq, Iran, Libya, Sudan, or any other country to which the United States and/or the European Union maintains an embargo (collectively, the “Embargoed Countries”), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Table of Denial Orders (collectively, the “Designated Nationals”). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By using the Site, you represent and warrant that you are
not located in, under the control of, or a national or resident of an Embargoed Country or a Designated National.
10. Changes to the Site
Texas Compression reserves the right to modify, suspend or discontinue all or any portion of the Site and/or the Services at any time, without notice. Unless stated otherwise, any new features to the current Site or Services shall be subject to these Terms of Use. The Site is currently accessible to users without charge; however, Texas Compression reserves the right to charge users for access to or use of any portion of the Site or the Services in the future.
11. Failure to Abide by These Terms
Texas Compression may, in its sole discretion, remove your information from its database, warn Texas
Compression’s community of your actions, issue a warning, suspend or terminate your access to and any current activities at the Site immediately, without notice to you, and refuse to provide our Services to you if you breach these Terms of Use, or if we are unable to verify or authenticate any information that you provide to Us, or if we believe your actions may cause financial loss or legal liability for you, Texas Compression’s other guests or users, or us. Texas Compression reserves the right, in its sole discretion, to refuse access to any user at any time to those portions of the Site that require registration. You agree that Texas Compression shall not be liable to you or any third party for any termination of your access to any Material, Content, the Services, and/or the Site.
12. Dispute Resolution; Governing Law; Consent to Jurisdiction
Any controversy or claim arising out of, or relating to, these Terms of Use, or the breach thereof, shall be settled by binding arbitration in accordance with the commercial arbitration rules then in effect of the American Arbitration Association and judgment upon the award rendered may be entered in any court having jurisdiction thereof. The arbitration proceedings shall be conducted in Harris County, Texas. You on the one hand and Texas Compression on the other hand shall select an arbitrator from a list provided by the American Arbitration Association that is mutually satisfactory to them. If you and Texas Compression are unable to agree on an arbitrator, you and Texas Compression shall each choose an arbitrator from a list provided by the American Arbitration Association. The two arbitrators so selected shall then select a third arbitrator mutually satisfactory to them from the list provided by the American Arbitration Association. The single arbitrator so selected by the aforesaid procedure shall hear the dispute and decide it. The award of the arbitrator shall be binding and final on all parties. Any legal, accounting, and other costs and expenses incurred by the prevailing party shall be borne by the non-prevailing party.
These Terms of Use shall be governed by and construed under and pursuant to the laws of the State of Texas applicable to contracts made and to be performed entirely within such State without regard to Texas’s conflicts of laws principles. Any litigation concerning any dispute arising under or in connection with these Terms of Use shall be filed and maintained only in a state or federal court located in Harris County, Texas, and by accessing the Site, the parties consent to the jurisdiction of the State of Texas.
Texas Compression Privacy Policy
Texas Compression is dedicated to providing a safe and secure environment for consumers. For more information, please see our full Privacy Policy.