Terms of Use
TWANG PARTNERS LLC (“TWANG”) maintains this website, including related features, products, and services (collectively, the “Site”). You should read these Terms of Use (this “Agreement”) carefully before using the Site. Access to and use of this Site is subject to the terms and conditions set forth below, and your use of the Site signifies and constitutes your acceptance of this Agreement. If you do not agree to this Agreement, you should not use the Site.
TWANG may revise this Agreement from time to time. Although TWANG may include a notice on the home page of the Site that the Agreement has been modified, such notice may not remain in place for any extended period of time. Accordingly, you should review the Agreement as posted on the Site from time to time. Using the Site after any revised Agreement has been posted will constitute your acceptance of the revised terms
1. Lawful Use; Use by Minors
Your access to and use of the Site is subject to all applicable international, federal, state and local laws and regulations. You represent and warrant that you will not use the Site in any manner or for any purposes that are unlawful or prohibited by this Agreement.
The Site is not targeted towards, nor intended for use by, anyone under the age of 18. By using the Site, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not use, access, or register for the Site. TWANG reserves the right to terminate your account in the event that TWANG becomes aware you are under 18.
2. User Accounts
Some of the features and services on the Site require that you first register by creating a User Account. You are responsible for safeguarding the password that you use to access your User Account, and it is recommended that you choose a strong password, i.e., a password of sufficient length and complexity such that third parties will not readily guess your password. You should take measures to maintain and preserve the confidentiality of the username and password associated with your User Account, and you must notify TWANG promptly of any unauthorized use or suspected breach of security of your User Account. TWANG shall not be liable for any losses that may result from any unauthorized use of your User Account or failure to maintain appropriate confidentiality measures. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your User Account, whether or not you have authorized such activities or actions.
3. Intellectual Property Rights
Unless otherwise noted, all text, images, graphics, photographs, video clips, designs, icons, sounds, information, data, price quotes, product specifications, and other materials appearing on the Site (the “TWANG Content”) and all methods, methodologies, procedures, processes, know-how, software, algorithms, techniques, and other technology (the “Technology”) displayed, used, or incorporated on the Site by TWANG are copyrights, trademarks, service marks, trade secrets, or other intellectual property or proprietary content owned or licensed by TWANG.
You may use the available TWANG Content and Technology only for your own internal and informational purposes, but you may not reverse-engineer or decompile any of the Technology. You may print a copy of TWANG Content solely for those purposes, but you may not remove any copyright, trademark or other notice displayed on the corresponding webpage or print-out. You may not distribute, publish, transmit, modify, create derivative works from, or in any way exploit, any of the TWANG Content and Technology, in whole or in part, for any purpose without the express written permission of TWANG. Nothing in this Agreement shall be construed as granting any permission (except as set forth in this paragraph), right, or license in any of the TWANG Content or Technology. All intellectual property rights are fully reserved by TWANG.
The trademarks, service marks, and logos used and displayed on the Site are trademarks of TWANG and others. Elements of the Site are protected by copyright, trade dress and other laws and may not be copied or imitated, in whole or in part. No right or license to use any trademark, service mark, logo, graphic, sound, image, or other aspect of the Site is granted by this Agreement or your ability to use the Site.
4. Links to and from Other Websites
Portions of the Site may include links to third-party websites. In addition, you may have entered the Site via links on other third-party websites. Such links are provided or permitted to exist as a convenience measure, and TWANG is not responsible for the information, advertising, products, services, content, or other material of any third-party website, regardless of whether such third-party website links to the Site or is accessible by a link from the Site. The inclusion and use of links does not imply sponsorship or endorsement by TWANG of any third-party website.
5. Use of “Cookies” and Similar Tools
You understand and agree that TWANG may store information on your computer in the form of a “cookie” or similar tool for purposes of improving the functionality of the Site.
6. Disclaimer of Warranties
TWANG does not warrant that product descriptions, pricing, editorial commentary or any other TWANG Content on the Site, regardless of its source, is accurate, complete, reliable or current. The Site is provided for informational purposes only and you should not rely on such information in situations where its inaccuracy would cause you to suffer any loss. TWANG assumes no liability for inaccuracy or incompleteness of the TWANG Content or other content on the Site.
ALL PRODUCTS, SERVICES, INFORMATION, DATA, PRICE QUOTES, TEXT, AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THE SITE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. TWANG MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE. WITHOUT LIMITING THE FOREGOING, TWANG DOES NOT WARRANT OR REPRESENT THAT THE SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND ITS SERVERS WILL BE FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TWANG DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF (i) MERCHANTABILITY OR SATISFACTORY QUALITY, (ii) FITNESS FOR A PARTICULAR PURPOSE, (iii) TITLE, AND (iv) NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES.
7. Limitations on Liability
In no event shall TWANG, its agents, licensors, or service providers, or any other person or entity involved in creating, promoting, maintaining, hosting, or otherwise making available any TWANG Content, Technology, or other aspect of the Site, be liable to you or any other person or entity for any indirect, incidental, special, consequential, punitive, or other such damages, including but not limited to any damages associated with: (i) loss of goodwill, profits, business interruption, or data, or other such losses; (ii) your inability to use the Site, any unauthorized use of the Site, or any function of the Site or failure of the Site to function; (iii) the provision of or failure to provide any service though the Site; (iv) errors or inaccuracies in the TWANG Content, Technology, or any advertising or other information, software, products, services, and related graphics used, viewed, or obtained through the Site; or (v) any property loss including damage to your computer or computer system caused by viruses or other harmful components encountered during or on account of access to or use of this Site or any third-party website linked to this Site. These limitations of liability shall apply regardless of the form of action, whether based in contract, negligence, strict liability, other tort, or otherwise, and even if TWANG has been advised of the possibility of any particular damages. To the extent you allege or assert any damages associated with the Site which are not excluded by the foregoing, then TWANG’s liability (and that of its agents, licensors, or service providers) for such damages shall not exceed one hundred dollars ($100.00 USD).
8. Indemnification
You agree to indemnify, defend, and hold harmless TWANG, its agents, licensors, and service providers, and their respective past and present officers, directors, employees, and representatives, from and against any and all claims, actions, demands, liabilities, costs, and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of this Agreement, including any warranty you provide herein, or otherwise resulting in any way from your use of this Site.
9. Copyright Complaints
If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide TWANG’s designated agent with the following information:
(i) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
(ii) identification or description of the copyrighted work or other intellectual property that you claim has been infringed. If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, trademark or patent);
(iii) identification or description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on the Site;
(iv) your address, telephone number, and email address;
(v) a statement by you that you have a good faith belief that the use of the material complained of is not authorized by the copyright or intellectual property owner, its agent, or the law; and
(vi) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
TWANG’s agent designated to receive claims of copyright or other intellectual property infringement may be contacted by email at the following address: Webmaster@twang.com.
10. Governing Law; Disputes; Enforceability
These Terms and the relationship between you and TWANG will be governed by the laws of the State of Texas, USA (or applicable federal law), without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the state and federal courts located in Texas, and waive any objections thereto. You further agree that any dispute arising from or related to your use of the Site must be brought exclusively in the state or federal courts located in Bexar County, Texas, unless a Texas mandatory venue statute applies to the dispute, in which case the Texas county of mandatory venue shall be the exclusive jurisdiction for such dispute. You expressly consent to the personal jurisdiction of such courts and waive all objections hereto. If any provision of this Agreement shall be determined to be void or unenforceable in whole or in part, the remaining provisions of this Agreement shall not be affected thereby and shall remain in force and effect.
- TWANG PARTNERS LLC. (“TWANG”) maintains this website, including related features, products, and services (collectively, the “Site”). You should read these Terms of Use (this “Agreement”) carefully before using the Site. Access to and use of this Site is subject to the terms and conditions set forth below, and your use of the Site signifies and constitutes your acceptance of this Agreement. If you do not agree to this Agreement, you should not use the Site.TWANG may revise this Agreement from time to time. Although TWANG may include a notice on the home page of the Site that the Agreement has been modified, such notice may not remain in place for any extended period of time. Accordingly, you should review the Agreement as posted on the Site from time to time. Using the Site after any revised Agreement has been posted will constitute your acceptance of the revised terms.1. LAWFUL USE; USE BY MINORSYour access to and use of the Site is subject to all applicable international, federal, state and local laws and regulations. You represent and warrant that you will not use the Site in any manner or for any purposes that are unlawful or prohibited by this Agreement.The Site is not targeted towards, nor intended for use by, anyone under the age of 18. By using the Site, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not use, access, or register for the Site. TWANG reserves the right to terminate your account in the event that TWANG becomes aware you are under 18.2. USER ACCOUNTSSome of the features and services on the Site require that you first register by creating a User Account. You are responsible for safeguarding the password that you use to access your User Account, and it is recommended that you choose a strong password, i.e., a password of sufficient length and complexity such that third parties will not readily guess your password. You should take measures to maintain and preserve the confidentiality of the username and password associated with your User Account, and you must notify TWANG promptly of any unauthorized use or suspected breach of security of your User Account. TWANG shall not be liable for any losses that may result from any unauthorized use of your User Account or failure to maintain appropriate confidentiality measures. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your User Account, whether or not you have authorized such activities or actions.3. INTELLECTUAL PROPERTY RIGHTSUnless otherwise noted, all text, images, graphics, photographs, video clips, designs, icons, sounds, information, data, price quotes, product specifications, and other materials appearing on the Site (the “TWANG Content”) and all methods, methodologies, procedures, processes, know-how, software, algorithms, techniques, and other technology (the “Technology”) displayed, used, or incorporated on the Site by TWANG are copyrights, trademarks, service marks, trade secrets, or other intellectual property or proprietary content owned or licensed by TWANG.You may use the available TWANG Content and Technology only for your own internal and informational purposes, but you may not reverse-engineer or decompile any of the Technology. You may print a copy of TWANG Content solely for those purposes, but you may not remove any copyright, trademark or other notice displayed on the corresponding webpage or print-out. You may not distribute, publish, transmit, modify, create derivative works from, or in any way exploit, any of the TWANG Content and Technology, in whole or in part, for any purpose without the express written permission of TWANG. Nothing in this Agreement shall be construed as granting any permission (except as set forth in this paragraph), right, or license in any of the TWANG Content or Technology. All intellectual property rights are fully reserved by TWANG.
The trademarks, service marks, and logos used and displayed on the Site are trademarks of TWANG and others. Elements of the Site are protected by copyright, trade dress and other laws and may not be copied or imitated, in whole or in part. No right or license to use any trademark, service mark, logo, graphic, sound, image, or other aspect of the Site is granted by this Agreement or your ability to use the Site.
4. LINKS TO AND FROM OTHER WEBSITES
Portions of the Site may include links to third-party websites. In addition, you may have entered the Site via links on other third-party websites. Such links are provided or permitted to exist as a convenience measure, and TWANG is not responsible for the information, advertising, products, services, content, or other material of any third-party website, regardless of whether such third-party website links to the Site or is accessible by a link from the Site. The inclusion and use of links does not imply sponsorship or endorsement by TWANG of any third-party website.
5. USE OF “COOKIES” AND SIMILAR TOOLS
You understand and agree that TWANG may store information on your computer in the form of a “cookie” or similar tool for purposes of improving the functionality of the Site.
6. DISCLAIMER OF WARRANTIES
TWANG does not warrant that product descriptions, pricing, editorial commentary or any other TWANG Content on the Site, regardless of its source, is accurate, complete, reliable or current. The Site is provided for informational purposes only and you should not rely on such information in situations where its inaccuracy would cause you to suffer any loss. TWANG assumes no liability for inaccuracy or incompleteness of the TWANG Content or other content on the Site.
ALL PRODUCTS, SERVICES, INFORMATION, DATA, PRICE QUOTES, TEXT, AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THE SITE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. TWANG MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE. WITHOUT LIMITING THE FOREGOING, TWANG DOES NOT WARRANT OR REPRESENT THAT THE SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND ITS SERVERS WILL BE FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TWANG DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF (i) MERCHANTABILITY OR SATISFACTORY QUALITY, (ii) FITNESS FOR A PARTICULAR PURPOSE, (iii) TITLE, AND (iv) NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES.
7. LIMITATIONS ON LIABILITY
In no event shall TWANG, its agents, licensors, or service providers, or any other person or entity involved in creating, promoting, maintaining, hosting, or otherwise making available any TWANG Content, Technology, or other aspect of the Site, be liable to you or any other person or entity for any indirect, incidental, special, consequential, punitive, or other such damages, including but not limited to any damages associated with: (i) loss of goodwill, profits, business interruption, or data, or other such losses; (ii) your inability to use the Site, any unauthorized use of the Site, or any function of the Site or failure of the Site to function; (iii) the provision of or failure to provide any service though the Site; (iv) errors or inaccuracies in the TWANG Content, Technology, or any advertising or other information, software, products, services, and related graphics used, viewed, or obtained through the Site; or (v) any property loss including damage to your computer or computer system caused by viruses or other harmful components encountered during or on account of access to or use of this Site or any third-party website linked to this Site. These limitations of liability shall apply regardless of the form of action, whether based in contract, negligence, strict liability, other tort, or otherwise, and even if TWANG has been advised of the possibility of any particular damages. To the extent you allege or assert any damages associated with the Site which are not excluded by the foregoing, then TWANG’s liability (and that of its agents, licensors, or service providers) for such damages shall not exceed one hundred dollars ($100.00 USD).
8. INDEMNIFICATION
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS TWANG, ITS AGENTS, LICENSORS, AND SERVICE PROVIDERS, AND THEIR RESPECTIVE PAST AND PRESENT OFFICERS, DIRECTORS, EMPLOYEES, AND REPRESENTATIVES, FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, DEMANDS, LIABILITIES, COSTS, AND EXPENSES, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, RESULTING FROM YOUR BREACH OF ANY PROVISION OF THIS AGREEMENT, INCLUDING ANY WARRANTY YOU PROVIDE HEREIN, OR OTHERWISE RESULTING IN ANY WAY FROM YOUR USE OF THIS SITE.
9. COPYRIGHT COMPLAINTS
If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide TWANG’s designated agent with the following information:
- a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
- identification or description of the copyrighted work or other intellectual property that you claim has been infringed. If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, trademark or patent);
- identification or description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on the Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the use of the material complained of is not authorized by the copyright or intellectual property owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
TWANG’s agent designated to receive claims of copyright or other intellectual property infringement may be contacted by email at the following address: webmaster@twang.com.
10. GOVERNING LAW; DISPUTES; ENFORCEABILITY
These Terms and the relationship between you and TWANG will be governed by the laws of the State of Texas, USA (or applicable federal law), without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the state and federal courts located in Texas, and waive any objections thereto. You further agree that any dispute arising from or related to your use of the Site must be brought exclusively in the state or federal courts located in Bexar County, Texas, unless a Texas mandatory venue statute applies to the dispute, in which case the Texas county of mandatory venue shall be the exclusive jurisdiction for such dispute. You expressly consent to the personal jurisdiction of such courts and waive all objections hereto. If any provision of this Agreement shall be determined to be void or unenforceable in whole or in part, the remaining provisions of this Agreement shall not be affected thereby and shall remain in force and effect.
11. ASSIGNABILITY
TWANG may assign this Agreement and its rights and obligations hereunder to an affiliated company or, in the event of a merger or acquisition of TWANG or the sale of substantially all of TWANG’s assets related to the services being provided to you, to the surviving or successor entity with reasonable notice to you. You may not assign this Agreement or the rights and obligations hereunder without the prior written consent of TWANG.
12. TERM; TERMINATION
The term of this Agreement shall commence upon your first use of the Site, and shall continue (i) as long as you or any persons given access by you retain access rights to the Site, or (ii) until TWANG ceases to operate the Site or closes your User Account. TWANG shall not have any ongoing obligation to provide the Site; thus, TWANG may cease to operate the Site at any time and for any reason. Without limiting the foregoing, TWANG may cease to provide your User Account in the event of: (i) any dispute or termination of TWANG’s relationship with you; (ii) any dispute concerning ownership or control of your User Account; or (iii) use of your User Account in a manner that TWANG, in its sole discretion, considers improper or unacceptable.
13. PRIVACY POLICY
Any data that you provide to TWANG using this Site is subject to the Privacy Policy that is posted on the Site and in effect at the time such data is provided. TWANG may update its Privacy Policy from time to time, so you should be sure to review the Privacy Policy posted on the Site prior to providing any information to TWANG using the Site. This Agreement and TWANG’s Privacy Policy (which is incorporated herein by reference) constitute the entire Agreement and supersede any other agreements or understandings (oral or written) between you and TWANG with respect to their subject matters.
14. OTHER WRITTEN PROVISIONS
Your entry into this Agreement shall not affect any engagement letter or other written provisions and written agreements (collectively, “Other Written Provisions”) that may be operative between you and TWANG, all of which shall remain in full force and effect according to their terms. With respect to your use of the Site, however, this Agreement shall govern in the event of any inconsistency between this Agreement and the Other Written Provisions.
