General Terms of Use

Welcome

These terms, including any schedules and supplemental terms (collectively, these “Terms of Use” or this “TOU”) applies to our site and the services we offer.  If there is any conflict between this TOU and any supplemental terms to a site or service, the supplemental terms will govern.

By using our site and/or services, you are a “user” and you accept and agree to this TOU as a legal contract between you and us.  We may post changes to these TOU at any time, and any such changes will be applicable to all subsequent access to or use of our site and services.  If you do not accept and agree to all provisions of these TOU, now or in the future, you may reject these TOU by immediately terminating use of our site and/or services.

You are also required to comply with, and to ensure compliance with, all laws, ordinances and regulations applicable to your activities on our site and/or services.

Site Use:

1. Eligibility

The site and services are intended for general audiences 18 years of age and older who are legal residents of the 50 United States, and access or use by anyone younger or who is not a legal resident of the United States is not authorized.

2. License

These TOU grant you a limited, revocable, nonexclusive license to use our site and services; such use must be compliant with these TOU.

3. Moderation and Enforcement

We reserve the right to regulate content posted to, stored on or transmitted via our site and services by any user or third party; to regulate conduct and access by any user or third party; and to enforce these TOU deemed necessary or appropriate, in our sole discretion.  We may, in our sole discretion and without notice, start, stop, or modify any regulation or enforcement measures at any time.  Our action or inaction to regulate content or conduct or to enforce against any potential violation of these TOU by any user or third party does not waive our right to implement or not implement regulation or enforcement measures with respect to any subsequent or similar content, conduct or potential TOU violation.

You also understand and agree that any action or inaction by us or any of our directors, officers, stockholders, employees, consultants, agents or representatives (each a “Representative”, collectively, “Representatives”) to manage content, or to implement other enforcement measures against any TOU violation is undertaken voluntarily and in good faith, and you expressly agree that neither we nor any of our representatives will be liable to you or anyone else for any action or inaction to address a potential TOU violation.

Although our representatives may moderate content on our site and services at our discretion, our representatives have no authority to make binding representations to anyone that they or anyone else will “take care” of any alleged problem or complaint, or that they will otherwise stop, cure, or prevent any potential TOU violation from occurring or recurring.

Accordingly, you further agree that any representation by our representative or anyone who claims to act on behalf of us that we would or would not address a potential TOU violation is superseded by this provision and is nonbinding and unenforceable.

Specifically, you agree that we, our representatives and anyone else authorized to act on behalf of us will in no circumstance be liable as a result of any representation that we, our representatives or anyone else on behalf of us would or would not address any potential TOU violation.

We reserve the right, in our sole discretion, to limit, modify, interrupt, suspend, or discontinue any or all portions of our site and services at any time.  We and our representatives will not be liable for any such limitations, modifications, interruptions, suspensions, or discontinuance, or any purported losses, harm, or damages arising from such action.

This section may not be modified, waived, or released except by a written agreement, dated and signed by our Chief Executive Officer and dated and signed by the individual or entity to whom the modification, waiver or release is granted.

4. Content and Conduct
1. Content Disclaimers

The opinions, statements, comments, posts, representations, reviews, and other communications expressed on our Site and services by third party users are solely those of the poster and not ours, or our employees, officers, directors, shareholders, subsidiaries, parent companies, attorneys, or other agents.

While we attempt to provide current and accurate information on our site and any related content designed to drive traffic to our site, we are not responsible for and make no representations or warranties with respect to any content on our site or any related content designed to drive traffic to our site.  You are solely responsible for your access to, use of, or reliance on any content.  You must conduct any necessary, appropriate, prudent, or judicious investigation, inquiry, research, and due diligence with respect to any content.

We do not guarantee the accuracy or reliability of any information, representation or review provided by any poster, administrator, affiliate or moderator.

2. Content prohibitions

Content prohibited from our site and services includes but is not limited to: (a) illegal content; (b) content in facilitation of the creation, advertising, distribution, provision or receipt of illegal goods or services; (c) offensive content (including, without limitation, court ordered defamatory statements, threatening, hateful or pornographic content); (d) content that discloses another’s personal, confidential or proprietary information; (e) false or fraudulent content (including but not limited to false, fraudulent, or misleading responses to user ads transmitted via our site and services); (f) malicious content (including, without limitation, malware or spyware); (g) content that features posting or auto-posting products or services, account creation or auto-creation products or services, flagging or auto-flagging products or services, bulk telephone numbers, or any other product or service that if utilized with respect to our site and services would violate these TOU or our other legal rights; and (h) content that offers, promotes, advertises, or provides links to unsolicited products or services.

3. Conduct

We do not control, are not responsible for and make no representations or warranties with respect to any user or user conduct.  You are solely responsible for your interaction with or reliance on any user or user conduct.  You must perform any necessary, appropriate, prudent, or judicious investigation, inquiry, research, and due diligence with respect to any user or user conduct.

You are also responsible for your own conduct and activities on, through or related to our site and services.

5. Account Creation, Use and Expectations

This Section applies to all uses and users of our site and services, unless we have specifically authorized an exception to a particular term for a particular user in a written agreement.  We have sole and absolute discretion to authorize or deny any exception or exceptions to the terms in this Section.

1. Account prohibitions

It is expressly prohibited for any user or third party to post content to our site on behalf of another.  It is expressly prohibited to post content to our site using any automated means.

Affiliate marketing by users is expressly prohibited on our site.  Users may not post content or communicate with any user for purposes of affiliate marketing or in connection with any affiliate marketing system, scheme or program in any manner or under any circumstance.

6. Unauthorized Access and Activities

This Section applies to all uses and users of our site and services.  We have sole and absolute discretion to authorize or deny any exception or exceptions to the terms in this Section.

To maintain the integrity and functionality of our site and the services we offer, access to our site and services and/or activities related to our site and services that are harmful to our site and services and/or user experience, as determined in our sole discretion, are expressly unauthorized and prohibited.  Examples of such harmful access or conduct include:

• The collection of users’ personal information (including but not limited to email addresses, IP addresses, and telephone numbers) is not allowed for any purpose.
• Any copying, aggregation, display, distribution, performance, or derivative use of our site and services or any content posted on our site whether done directly or through intermediaries (including but not limited to by means of spiders, robots, crawlers, scrapers, framing, iframes, or RSS feeds).
• Any access to or use of our site or services to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute, or otherwise make available any program, application or service that enables or provides access to, use of, operation of or interoperation with our site and services is prohibited.
• Any effort to decompile, disassemble, or reverse engineer all or any part of our site and services in order to identify, acquire, copy, or emulate any source code or object code is expressly prohibited.
• Any activities that are inconsistent with use of our site or services in compliance with these TOU or that may impair or interfere with the integrity, functionality, performance, usefulness, usability, signal-to-noise ratio, or quality of all or any part of our site and services in any manner are expressly prohibited.
• Any attempt (whether or not successful) to engage in, or to enable, induce, encourage, cause, or assist anyone else to engage in, any of the above unauthorized and prohibited access and activities is also expressly prohibited and is a violation of these TOU.

If you access our site or services or copy, display, distribute, perform, or create derivative works from our site and services webpages or our intellectual property in violation of or inconsistent with these TOU, your use is unauthorized.  Circumvention of any technological restriction or security measure on our site and services or any provision of these TOU that restricts content, conduct, or access is expressly prohibited.

7. Interactions with Others

We may promote partners who provide special offers and services in exchange for referral fees, acting as a service provider to connect you with information about the purchase, finance and/or maintenance of a new or used automobile.  Driver Seat does not control such websites and resources, and we, including our shareholders, affiliates, employees, officers, directors, agents, representatives, licensors, suppliers, and service providers, (collectively, the “Released Parties”) are not responsible for any content, representation or claim made on such websites or any loss or damages incurred from your use of those sites or services.

Additionally, other websites may provide links to our site with or without authorization.  We do not endorse such websites, and are neither responsible nor liable for any links from those websites to our site, or any loss or damages incurred in connection with those sites or services.

YOUR USE OF THIRD PARTY WEBSITES AND RESOURCES, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE AND PRIVACY POLICY APPLICABLE TO SUCH WEBSITES AND RESOURCES.

The Released Parties are not parties to, make no representations or warranties as to, and have no responsibility or liability with respect to any disputes or any relations whatsoever between you and any other user, person, or organization.  You are responsible with respect to your interactions with others on our site, and are encouraged to perform your own due diligence about partner offers.

8. Artificial Intelligence

Driver Seat may offer certain services on the site and/or across its content channels that employ the use of artificial intelligence and large language models to provide our services.  By using any of these services, you expressly consent to use this service to locate and negotiate vehicle pricing.

Certain services may be designed to keep a consumer’s identity private during preliminary dealer negotiations, but will record various inputs and outputs to help improve process, functionality, and features.  By using such services, you expressly consent to let Driver Seat record various inputs and outputs to improve its operations, products, and services.

9. Fees

We may charge a fee for our products and services.  You are responsible for any fees applicable to products and services you purchase.  You authorize us or our designated payment processor to charge your specified credit card, debit card or other payment method for such fees.

Unless otherwise specified, all fees are in United States dollars and all charges will be made in United States dollars.  Any applicable sales, use, or other taxes are additional to the stated fee.

Except as required by law or otherwise stated on the site or in the services, all fees are nonrefundable and payments and purchases may not be canceled by the user.

However, we reserve the right to refuse or terminate any purchase or attempted purchase at any time in our sole discretion.

10. Indemnification

You agree to indemnify, defend and hold harmless Driver Seat, its officers, directors, agents, and employees from and against all losses, liabilities, expenses, claims, damages, and costs, arising out of or related to any claim or action concerning: (a) content that you transmit (including but not limited to content that a third-party deems defamatory or otherwise harmful or offensive); (b) your use of or reliance on any content; (c) the mechanical condition or any other aspect of any vehicle purchased with Driver Seat’s assistance, and as pertains to government regulated Department of Motor Vehicle (“DMV”) fees; (d) discrepancies regarding sales taxes and DMV fees for which dealer is solely responsible in providing accurate and up-to-date information, for any and all states, (e) your violation of these TOU, or (f) any damages, causes of action or claims arising from any alleged failure of Driver Seat or its partners to secure express consent to contact you or any member of your household using an email, automated dialer, SMS text message or pre-recorded message.  This indemnification obligation includes payment of any attorneys’ fees and costs incurred by us or our representatives.  We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with our defense of these claims.

11. Disclaimers

Please read this section thoroughly as it limits the liability of Driver Seat to you.  This section applies up to the maximum extent permitted under applicable law.  Nothing here is intended to limit any rights you may have which may not be lawfully limited.

All information and content made available to you on our site or via any content that we or an affiliate and/or third party on our behalf publish(es) are provided “as-is,” “with all faults,” and “as available,” without any warranties of any kind, express or implied.  The information and content are sourced from third parties and not verified by Driver Seat unless expressly stated in writing.  Your use of the platform is solely at your discretion and risk.

Driver Seat disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of any information you submit, send, view, or receive through the platform.  The actions, content, or data of third parties, including dealers, consumer reviews and other users, are not the responsibility of Driver Seat and do not create liability on behalf of Driver Seat.

Driver Seat phone and/or email support functionality provides an opportunity to ask questions and seek more information about locating and negotiating pricing on new and/or used automobiles.  We make no representation or warranty concerning the responses to the questions including any warranty of merchantability or fitness for a particular purpose.  No assurance is made as to the accuracy of the responses or their utility to a given situation.

Any disputes arising from a dealer or any user regarding any information or content on the platform will be handled in accordance with our dispute resolution policies, and Driver Seat disclaims any liability arising from such disputes.

IN NO EVENT SHALL DRIVER SEAT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHERE PERMITTED BY APPLICABLE LAW, DRIVER SEAT’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED U.S. DOLLARS ($100).

12. Limitations of Liability

WE AND THE RELEASED PARTIES WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY ACCESS TO, USE OF, OR RELIANCE ON OUR SITE AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITE AND SERVICES BY YOU OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES, OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT OF OR RELATED TO OUR SITE AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITE AND SERVICES, INCLUDING BUT NOT LIMITED TO LIABILITY FOR INJUNCTIVE RELIEF AS WELL AS FOR ANY HARM, INJURY, LOSS, OR DAMAGES OF ANY KIND INCURRED BY YOU OR ANYONE ELSE (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF WE OR OUR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF, BUT IS NOT RESTRICTED TO, WHETHER THE ALLEGED LIABILITY, HARM, INJURY, LOSS, OR DAMAGES AROSE FROM AUTHORIZED OR UNAUTHORIZED ACCESS TO OR USE OF OUR SITE AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITE AND SERVICES;

ANY INABILITY TO ACCESS OR USE OUR SITE AND SERVICES, OR CONTENT ACCESSED THROUGH OUR SITE AND SERVICES, OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION, SUSPENSION, DISCONTINUANCE, OR TERMINATION OF OUR SITE AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITE AND SERVICES.  NOTHING IN THESE TOU WILL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER.

THESE LIMITATIONS WILL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS, OR RELATIONS THROUGH, RELATED TO, OR AS A RESULT OF OUR SITE AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITE AND SERVICES (INCLUDING, WITHOUT LIMITATION, ANY LINKS ON OUR SITE AND SERVICES AND LINKS IN CONTENT ACCESSED THROUGH OUR SITE AND SERVICES).  INCLUDED IN THIS ARE LIMITATIONS APPLYING TO ANY AND ALL LIABILITIES, CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, COSTS, AND EXPENSES, WHETHER AT LAW OR IN EQUITY, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR RELATED TO ANY DEFECTS, LATENT OR APPARENT, IN ANY VEHICLE THAT THE CUSTOMER MAY PURCHASE WITH DRIVER SEAT’S ASSISTANCE.

IN NO EVENT WILL OUR OR THE RELEASED PARTIES LIABILITY IN CONNECTION WITH ACCESS TO, USE OF OR RELIANCE ON OUR SITE AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITE AND SERVICES BY YOU EXCEED THE AMOUNTS PAID BY YOU DURING THE SIX (6) MONTHS PRECEDING THE BRINGING OF ANY CLAIM, OR FIVE HUNDRED DOLLARS ($500.00), WHICHEVER IS LESS.  YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID US

ANY AMOUNTS IN THE SIX (6) MONTHS PRECEDING THE BRINGING OF ANY CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE IS TO STOP USING OUR SITE AND SERVICES.

You hereby release us and the Released Parties from all claims, demands, and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to our site and services or content accessed through our site and services, or any interactions with others arising out of or related to our site and services or content accessed through our site and services.

13. Damages

At our election, we may seek actual or liquidated damages.  In addition to any injunctive relief, you agree to pay to us the total amount of all actual damages (including but not limited to direct, indirect, consequential, and incidental damages) caused by any violation of these TOU for which you bear responsibility; except you acknowledge that, for certain TOU violations, actual damages would be extremely difficult or impossible to quantify.  Consequently, for such TOU violations, you agree to pay liquidated damages to us.  As liquidated damages, you agree to pay $25,000 USD per instance of unauthorized conduct that includes: (a) copying, aggregating, displaying, distributing, or creating derivative use of our site or services or any content posted on our site and services (including, but not limited to, by means of spiders, robots, crawlers, scrapers, framing, iframes, or RSS feeds); (b) access to or use of our site or services to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute, or otherwise make available any program, application or service (including, without limitation, any device, technology, product, computer program, mobile device application, website, and mechanical or personal service) that enables or provides access to, use of, operation of, or interoperation with our site and services (including, without limitation, to access content, respond to content, transmit content, create accounts, use accounts, circumvent security measures, or flag content); or (c) decompiling, disassembling, or reverse engineering all or any part of our site or services in order to identify, acquire, copy, or emulate any source code or object code.

Furthermore, you agree that the amounts of liquidated damages described herein are reasonable estimates of our damages for such violations, and that liquidated damages for violations of these TOU are and will be cumulative.

14. Injunctive Relief

You acknowledge and agree that any violation or breach of these TOU may cause us immediate and irreparable harm and damages.  Consequently, we reserve the right to immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any violation or breach of these TOU.  Additionally, we may seek specific performance of any term in these TOU, including but not limited to by preliminary or permanent injunction.

15. Privacy

We have established a privacy policy covering the collection, use, and disclosure of user information, which is published in our site.

16. Mobile Messaging Terms

We and/or our partners may send mobile messages in various formats.  Messages relate to an existing or ongoing transaction and may include next steps, reminders, or follow up messaging and are for informational and transactional purposes only.  Mobile messages may be sent using an automated technology, including an autodialer, automated system, or automatic telephone dialing system.  Message frequency will vary.  You expressly consent that we, our affiliates, our partners and/or any third-party service providers may send you messages and that such messages and/or calls may be made or placed using different telephone numbers or short codes for the purpose of fulfilling a transaction that you requested.  We do not charge for mobile messages sent but you are responsible for any message and data rates imposed by your mobile provider, as standard data and message rates may apply for short message service and multimedia message alerts.

User Opt-In: By providing your mobile phone number to us and remitting payment for a service that we offer, you are voluntarily and expressly consenting to opting in to receiving recurring mobile and/or automated messages from us or our partner(s) at the mobile number you provided for the purpose of fulfilling the transaction you requested.

User Opt-Out and Support: You may opt-out of receiving communications from us at any time.  If you wish to opt-out and stop receiving mobile messages from us, or if you no longer agree to these Mobile Messaging Terms, reply STOP to OPT-OUT, and/or UNSUBSCRIBE to any mobile message from us.  You may continue to receive text messages for a short period while we process your request and you may receive a one-time opt-out confirmation message.  You understand and agree that the foregoing is the only reasonable method of opting out.

Our mobile messaging platform may not recognize requests that modify the foregoing commands, and you agree that we and our service providers will not be liable for failing to honor requests that do not comply with the requirements in these terms.  We may also change the telephone number or short code we or our partners use to fulfill transactions.  You acknowledge that any requests sent to a telephone number or short code that has been changed may not be received by us and we will not be responsible for failing to honor a request sent to a telephone number or short code that has been changed.

Disclaimer of Warranty and Liability:  Messaging is offered on an “as-is” basis and may not be available in all areas, at all times, or on all mobile providers.  You agree that neither we nor our service providers will be liable for any failed, delayed, or misdirected delivery of any mobile message or information we send to you.

Your use of this Site establishes a business or other applicable relationship with us for purposes of CAN-SPAM, the Telephone Consumer Protection Act and all other applicable law that addresses unsolicited commercial communications.  By visiting this Site and/or using its features, you agree that we, our agents or third parties to whom we provide your information may call, e-mail, SMS text message or otherwise communicate with you regarding our services to locate and negotiate new and/or used automobiles.

By visiting the site and/or using the services, you give to us and/or our third party partners the right to contact you and to attempt to sell our services.

17. Dispute Resolution; Arbitration

We believe we will be able to resolve most disputes or issues you may have using our site and services.  In the unlikely event we are not able to resolve a dispute or issue, we prefer to specify now what each of us should expect in order to avoid any confusion later.

Accordingly, you agree to the following resolution process.

Since we always prefer to find ways to satisfy you as quickly and efficiently as possible, before initiating any arbitration proceeding, you agree to first discuss the matter informally with us for at least 30 days.  To do that, please send your full name and contact information, your concern and your proposed solution by mail to us at:  Driver Seat LLC  P. O. Box 358  Allen, TX 75013.

If we are unable to mutually agree upon a resolution after the 30 day period, you agree that any claim you may have against us regarding these TOU or our site and/or services will be resolved through binding arbitration administered by JAMS and governed by the then current JAMS Streamlined Arbitration Rules and procedures.  It is important to us that we address any issues you might have promptly.  To help us do that, you agree to begin any arbitration within one year after your claim arose; otherwise, your claim is waived.

By using our site or services, you agree that we reserve the right to resolve our issues with you directly and, accordingly, you expressly consent to arbitrate with us only in your individual capacity, not as a representative or member of a class.  As such, your claims may not be joined with any other claims and there will be no authority for any dispute to be arbitrated on a class-action basis or brought by a purported class representative.

You agree that arbitration will be exclusively held in the state of Texas and that each party will be responsible for its own costs, including paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules.  In order to select an arbitrator, each party agrees to provide a list of two available arbitrators that have experience with the subject matter.  Each party may strike one of the names on the other party’s list.  The parties will select an arbitrator out of the remaining two arbitrator names.  If the parties cannot mutually agree on one arbitrator, JAMS will choose the arbitrator randomly from the two remaining arbitrators.  It is important that you understand that the arbitrator’s decision will be binding and may be entered as a judgment in any court of competent jurisdiction.  If you’re not sure what all of this means, of course please feel free to ask an attorney.

18. Miscellaneous

1. Entire Agreement

These TOU constitute the entire agreement between you and us and supersede any prior written or oral agreement.  Other than our representatives (who are expressly included as named third-party beneficiaries of these TOU), there are no third-party beneficiaries to these TOU.  If any provision of these TOU is found by a court of competent jurisdiction to be unenforceable, all other provisions of these TOU will remain in full force and effect.

2. Governing Law; Forum

Any and all claims, causes of action, or disputes (regardless of theory) between you and us arising out of or related to these TOU, our site and services or content accessed through our site and/or services will be governed by the laws of the State of Texas, without regard to conflict or choice of law principles.

You agree that any claims, causes of action, or disputes deemed not subject to sections involving Dispute Resolution or Arbitration will be brought exclusively in courts located within the state of Texas, and you agree to submit to the personal and exclusive jurisdiction of such courts, for any actions.  You further agree that, regardless of any statute or law to the contrary, you must file any such claim or cause of action within one (1) year after such claim or cause of action arose or be forever barred.

All claims deemed not subject to sections involving Dispute Resolution or Arbitration that you bring against us must be resolved in accordance with this Section.  All claims filed or brought contrary to this section will be considered improperly filed.  Should you file a claim contrary to this section, we may recover attorneys fees and costs up to U.S. $2,500 provided that we have notified you in writing of the improperly filed claim and you have failed to properly withdraw the claim.

3. Electronic Communications

When you use our site and services, or send e-mails to us, you are communicating with us electronically.  You expressly consent to receive communications from us electronically.  We will communicate with you by e-mail or by posting notices on our site and services.  You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

4. Electronic Contracting

Your use of our site and services includes the ability to enter into agreements and/or to make transactions electronically.  YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT, INTENT AND EXPRESS CONSENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS.  YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SERVICE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.  In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

5. Termination; No Assignment

You may stop using our site and/or services at any time.  We may, in our sole discretion, terminate or suspend your access to all or part of our site and/or services for any reason, including, without limitation, violation of these TOU or if we have a reasonable ground to suspect that you have violated these TOU.

These TOU and the rights granted and obligations undertaken, may not be transferred, assigned, or delegated by you.  Any purported attempt will be ineffective.  We retain the right to transfer, assign, or delegate these TOU.

6. Feedback and Reviews

You automatically grant and assign to us, a royalty-free, worldwide, irrevocable, perpetual license to use, publish and/or incorporate into our site and services any suggestions, enhancement requests, recommendations, services and/or product reviews or other feedback provided by you.

7. Waiver

Any failure by us to enforce or exercise any provision of these TOU, or any related right, will not constitute a waiver of that provision or right.

Last Updated: March 10, 2026