Terms of Use

Welcome to the Texcom, Inc. web site. The information provided on this site is for general informational and educational purposes only. Please read and review these Terms of Use carefully before accessing or using this Web site. By accessing or using this site, you acknowledge that you have read, understood and agreed to the Terms of Use Agreement. If you do not agree to the Terms of Use, you may not access or use the site. Use of Web site. The information provided on this site is for general informational and educational purposes. Certain sections of this Web site are intended for particular audiences including Texcom’s employees, customers and shareholders, as well as members of the general public. Your access to and use of the information contained in the Web site is subject to this Terms of Use Agreement. By accessing and using this Web site, you accept, without limitation or qualification, this Terms of Use Agreement.

No Automated Querying. You may not send automated queries of any sort to Texcom’s web site without express permission in advance from Texcom, Inc. Content. Texcom will use reasonable efforts to include accurate and up-to-date information on this Web site, but makes no warranties or representations of any kind as to its accuracy, currency or completeness. You agree that access to and use of this Web site and the content thereof is at your own risk. Texcom disclaims all warranties, express or implied, including warranties of merchantability or fitness for a particular purpose. Neither Texcom nor any party involved in creating, producing or delivering this Web site shall be liable for any damages, including without limitation, direct, incidental, consequential, indirect or punitive damages, arising out of access to, use of or inability to use this Web site, or any errors or omissions in the content thereof. This limitation includes damages to, or for any viruses that infect, your computer equipment.

Indemnification. You agree to indemnify, defend and hold harmless Texcom, its officers, directors, employees, agents, suppliers and third party partners from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms of Use.

Third Party Web sites and Links. This Web site may contain links or references to other Web sites maintained by third parties over whom Texcom has no control. Such links are provided merely as a convenience. Similarly, this Web site may be accessed from third party links over whom Texcom has no control. Texcom makes no warranties or representations of any kind as to the accuracy, currency, or completeness of any information contained in such Web sites and shall have no liability for any damages or injuries of any kind arising from such content or information. Inclusion of any third party link does not imply an endorsement or recommendation by Texcom.

Forward Looking Statements. This Web site contains forward-looking statements about Texcom’s financial and operating performance, business plans and prospects, in-line products and products in development that involve substantial risks and uncertainties. Actual results could differ materially from the expectations and projections set forth in those statements. Texcom assumes no obligation to update any forward-looking statements as a result of new information or future events or developments.

Non-Confidential Information. Subject to any applicable terms and conditions set forth in our Privacy Policy, any communication or other material that you send to us through the Internet or posted to this site by electronic mail or otherwise, such as any questions, comments, suggestions or the like, is and will be deemed to be non-confidential and Texcom shall have no obligation of any kind with respect to such information. Texcom shall be free to use any ideas, concepts, know-how or techniques contained in such communication for any purpose whatsoever, including but not limited to, developing and or marketing new or existing services.

Governing Laws. This Terms of Use Agreement and your use of the Web site shall be governed by the laws of the United States of America and the State of Texas without regard to its conflicts of laws principles. Any legal action or proceeding related to this Web site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Texas. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.

Miscellaneous. If any provision of this Agreement is held to be unlawful, void or unenforceable, then such provision shall be severable without affecting the enforceability of all remaining provisions. Texcom reserves the right to alter or delete materials from this Web site at any time at its discretion. Disclaimer of Warranties. Texcom disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the Texcom web site. Texcom disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material. Texcom disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the Texcom web site.

Under no circumstances shall Texcom be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by Texcom.