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Terms Of Use

The Tejas Borja web site or its Partners web site, as the case may be (the "Site"), provides you with the online information and services ("Service") offered by Tejas Borja USA Inc. ("Tejas Borja"), through which various files and/or Software (as defined below) may be downloaded, subject to your compliance with the terms and conditions set forth below.

These terms and conditions apply to all applicable Tejas Borja services offered by Tejas Borja ("Agreement"). This Agreement and the Tejas Borja Privacy Policy ("Privacy Policy") are legal agreements between you and Tejas Borja regarding the use of any of the files and/or software you download from the Site, including all programs, related documentation and updates which may be periodically provided by Tejas Borja (collectively, the "Content").

PLEASE READ CAREFULLY AND REVIEW ALL OF THE TERMS, CONDITIONS, AND STATEMENTS MADE WITHIN THIS AGREEMENT AND THROUGHOUT THIS SITE, BEFORE CONSENTING TO THIS AGREEMENT. ONCE YOU REGISTER WITH TEJAS BORJA YOU ARE EXPRESSLY AGREEING TO BE LEGALLY BOUND TO AND BECOME A PARTY TO THIS AGREEMENT AND ANY OTHER TERMS CONTAINED THROUGHOUT THIS SITE. IF YOU DO NOT AGREE TO ANY OR ALL OF THE TERMS OF THIS AGREEMENT, DO NOT REGISTER FOR THE TEJAS BORJA SERVICE. If you do not wish to be bound by these terms and conditions, you may not access or use the Site, Software or Service.

Tejas Borja may modify this Agreement, including but not limited to, its downloadable files or any terms or conditions, at any time by posting such modification on the Site and such modification shall be deemed effective immediately upon posting of the modified Agreement.

You agree to review this Agreement and Site regularly as there may be modifications. Your continued access or use of the Site, Files, Software or Service shall be deemed your acceptance of the modified Agreement. Tejas Borja may also make changes to the Site, Files, Software or Service at any time without notice. Tejas Borja reserves the right to change or update information on the Site without notice. All images, text, graphics, logos, sound, programs and any other material found on the Site are protected by United States copyright law and international treaties. Any reproduction or use of such material by you is expressly prohibited. Elements of the Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

TRADEMARKS, COPYRIGHT AND THIRD PARTY MATERIALS

Tejas Borja shall retain all right, title and interests in its trade names, logos, trademarks, service marks, trade dress, copyrights, web sites, domain names and proprietary technology (collectively "Marks"), which shall remain the exclusive property of Tejas Borja, and nothing in this Agreement shall grant you the license to use such Marks. All intellectual property rights in the Files and/or Software, including, but not limited to, all copyrights, technology secrets, audio, images and text incorporated into the Files and/or Software are owned by Tejas Borja and/or its suppliers and are protected by United States copyright laws and international treaty provisions. Tejas Borja shall retain all rights in the Files and/or Software and its Marks, including, but not limited to, ownership and proprietary rights. You may not reverse-engineer, decompile or disassemble the Content or Software in any way. The boundaries contained herein apply equally without stipulation to any updates or new Tejas Borja products that may be periodically provided to you by tejasborja.us.

THIRD PARTY WEBSITES, PRODUCTS AND SERVICES

LINKS AVAILABLE ON THIS SITE MAY ENABLE YOU TO LEAVE THE SITE. THE LINKED SITES CONTAIN OTHER TERMS AND CONDITIONS, ARE NOT UNDER THE CONTROL OF TEJAS BORJA AND TEJAS BORJA IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. TEJAS BORJA IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY TEJAS BORJA OF THE SITE. Tejas Borja cannot and does not guarantee or warrant that the Software or other files available for downloading from the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. You are responsible for taking precaution to ensure that whatever you select for your use is free of viruses, worms, Trojan horses and other items of a destructive nature.

Tejas Borja may offer you products and services provided by third parties. These third party products and services are provided to you only as a matter of convenience and are not under the control of Tejas Borja. Tejas Borja is not responsible or liable for the contents, quality, performance or terms of use of any such third party products or services.

YOUR CONDUCT

You agree to use the Service, Files and/or Software and Site only for lawful purposes. You are prohibited from posting on or transmitting through the Service and Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.

If Tejas Borja is notified of allegedly infringing, defamatory, damaging, illegal or offensive content provided by you, Tejas Borja may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such content from the Service or Site. Tejas Borja may disclose any content or electronic communication of any kind (i) to satisfy any law, regulation, or government request or (ii) to protect the rights or property of Tejas Borja and its users.

Tejas Borja reserves the right to prohibit conduct, communication or content that it deems in its sole discretion to be harmful to individual users, Tejas Borja, the communities that make up Tejas Borja, or any rights of Tejas Borja or any third party, or to violate any applicable law.

NO OTHER WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TEJAS BORJA DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT WITH RESPECT TO THE SOFTWARE, SITE AND SERVICE AND ANY TRANSACTION PERFORMED THROUGH THE FILES AND/OR SOFTWARE, SITE OR SERVICE OR ON THE INTERNET GENERALLY. Tejas Borja cannot and does not guarantee or warrant that the Software or other files available for downloading from the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, FILES AND/OR SOFTWARE AND SERVICE. ALL SERVICES PROVIDED BY TEJAS BORJA ARE PROVIDED "AS IS". TEJAS BORJA DOES NOT WARRANT THAT THE SITE, FILES, SOFTWARE OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE SERVICE WILL OPERATE WITHOUT ANY LOSS OR INTERRUPTION, OR THAT ANY DEFECTS IN THE SITE, FILES, SOFTWARE OR SERVICE WILL BE CORRECTED. TEJAS BORJA MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY OF THE SITE OR ANY CONNECTION TO OR ANY TRANSMISSION OVER THE INTERNET. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

YOU ASSUME THE ENTIRE COST OF ANY DAMAGE RESULTING FROM THE INFORMATION CONTAINED IN OR COMPILED BY THE FILES AND SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE THAT TEJAS BORJA AND ITS SUPPLIERS OR LICENSORS WILL NOT BE LIABLE FOR (1) ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE FILES, SOFTWARE, SITE OR SERVICE, OR ANY TRANSACTIONS PROVIDED ON THE SERVICE OR DOWNLOADED OR HYPERLINKED FROM THE SITE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (2) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH, OR HYPERLINKED FROM, THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THIS SITE, SERVICE FILES AND SOFTWARE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to indemnify, defend and hold Tejas Borja, its officers, directors, employees, agents, shareholders, licensors, suppliers and any third party information providers to the Site, Software or Service harmless from and against all losses, expenses, damages and costs, including attorneys' fees, resulting from any violation by you of the Agreement or asserted by any third party due to or arising out of your use of or conduct on the Site, Software or Service. The provisions of this paragraph are for the benefit of Tejas Borja and its officers, directors, employees, agents, shareholders, licensors and suppliers to the Site, Software or Service. Each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

TERMINATION

Tejas Borja reserves the right to terminate the Site, files, Software and/or Services offered by Tejas Borja and/or your use of the Software, Service Files and Site at any time without notice and for any or no reason. You may terminate this Agreement at any time simply by ceasing to use the Software, Files, Site and Service; Termination may also occur as your membership and/or account expire; however, the provisions of this Agreement shall survive such termination. NO REFUNDS WILL BE GIVEN TO YOU UNDER ANY CIRCUMSTANCES.

GENERAL

This Agreement is governed by the laws of the United States and the State of Florida, without reference to conflict of laws principles. Any dispute between you and Tejas Borja regarding this Agreement will be subject to the exclusive venue of the state and federal courts in the state of Florida.

This Agreement is the entire agreement between you and Tejas Borja and supersedes any other communications or advertising with respect to the Software, Files, Site, and Service. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. Tejas Borja's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Tejas Borja may assign its rights and duties under this Agreement to any party at any time without notice to you.

Should you have any questions concerning this Agreement, or if you desire to contact Tejas Borja for any reason, please contact: support@tejasborja.com.

 

Terms of Use Copyright © 2007 Tejas Borja All rights reserved. Privacy Policy