Welcome to Texas Addiction, LLC

By completing the Texas Addiction registration process, you represent that you, and others who access the account, are at least 18 years old. Upon acceptance of your account registration, Texas Addiction will provide you with a limited, revocable, non-exclusive license to use the user ID provided to you by Texas Addiction and the password provided to you or that you select for your account. Texas Addiction reserves the right to add additional security measure related to passwords. You are responsible for activities that occur on your account, including applicable taxes, either by you or anyone you allow to use your account. You agree to notify Texas Addiction immediately of any unauthorized use of your account or any other breach of security of which you become aware. You agree that the use of your Texas Addiction user ID and password shall be considered the equivalent of your written signature. All telephone, Internet access and other charges incurred connecting to the Site are your responsibility. Your user ID and password are confidential, and may only be used by authorized users, which may not include employees of Texas Addiction. Your account may be terminated if you or anyone else uses it in violation of this Agreement or any Texas Addiction usage policies that may be posted on the Site, which policies are hereby made part of this Agreement. Texas Addiction may de-activate accounts that are inactive and reject any application for a Texas Addiction account for any reason.

Purchases

You agree that any order to purchase products and/or services from Texas Addiction placed using the Site constitutes a binding offer to purchase which Texas Addiction may accept or reject. Texas Addiction will provide you with an electronic notice confirming receipt of your order. Texas Addiction acceptance of an order will be indicated by the order invoice. Texas Addiction reserves the right to limit the order quantity on any item and/or refuse service to any customer and may require verification of information prior to the acceptance of any order.

Termination and Cancellation

This Agreement will continue to be effective until you or Texas Addiction terminates it. All obligations hereunder which apply subsequent to a termination of the Agreement shall survive such termination. You may terminate this Agreement at any time by destroying any and all materials you obtained from this Site, and by ceasing to use the Site in any way. Texas Addiction may terminate this Agreement immediately and without notice if Texas Addiction decides that you have failed to comply with any term or condition of this Agreement or if Texas Addiction decides to modify the terms and conditions governing future use of the Site.

Ownership, Trademark, and Copyright

You agree and acknowledge that Texas Addiction is the owner of the Site and its materials. You will not do anything that might impair or damage those rights. The Site is protected by copyright, trademark and other laws of the United States and other countries. Any unauthorized use of material on the Site may violate such laws. No links may be established to any part of the Site and no information on the Site may be framed without our prior written approval. The trademarks, logos and service marks used and displayed on this Site (collectively, the “Marks”), are registered and unregistered trademarks of, and owned by, Texas Addiction, LLC. You may not use any of the Marks displayed on the Site, or any other content on the Site except as provided in the Terms. Any other use is strictly prohibited. You should assume that everything you see or read on the Site is copyrighted and may not be used except as provided in the Terms. If you modify or use the Marks for any other purpose you will be violating the intellectual property rights of Texas Addiction, LLC.

How Texas Addiction Treats your Information

We do not disclose or sell personal information about users of the Site (such as name, address or e-mail address) to third parties; however, Texas Addiction may disclose aggregate information regarding its users, including information regarding their usage of the Site to third parties. Further, Texas Addiction may disclose personal information regarding its users if required to do so by law or in the good-faith belief that such action is necessary to (a) conform to the edicts of the law or comply with legal process served on the Site; (b) protect or defend the rights or property of Texas Addiction, the Site, or the users of the Site, and/or (c) protect the personal safety of users of the Site or the public under exigent circumstances.

Texas Addiction will take commercially reasonable steps to protect and secure any user-specific information. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure.

Disclaimer of Warranties and Limitations of Liability

We provide our services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our website services.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER Texas Addiction NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE WEBSITE SERVICES, THE SPECIFIC FUNCTIONS OF THE WEBSITE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES. WHEN PERMITTED BY LAW, Texas Addiction WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF Texas Addiction IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY THE LAW.

Indemnification, Arbitration, and Governing law

By accessing and using the Site, you agree to indemnify, defend and hold Texas Addiction from any and all liabilities, claims, losses-including attorney fees- due to use of the Site or your violation of the Terms or any local, state, federal or international laws or regulations. Texas Addiction reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Any controversy or claim arising out of or relating to this agreement shall be settled by arbitration administered by the American Arbitration Association (AAA) under their rules and procedures. The arbitration shall be held telephonically or at a location determined by the AAA. The number of arbitrators shall be one. Your claim shall be arbitrated on an individual basis. If any part of this arbitration provision is deemed invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures of the AAA, then same shall be stricken and the balance of this arbitration provision shall remain in effect and construed accordingly.

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including the warranty disclaimers and liability limitations set forth in this Agreement, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement shall continue in effect. Neither party to this Agreement will be liable to the other by reason of failure in performance of this Agreement if the failure arises out of any cause beyond the reasonable control of that party. No cause of action arising out of the use of the Site or this Agreement may be instituted by you more than one (1) year after the cause of action first accrues. Any failure by Texas Addiction to enforce any of its rights under the Terms or under applicable law shall not constitute a waiver of such rights.

 

PayPal and It’s Users

This user agreement is a contract between you and PayPal, Inc. that governs your use of your PayPal account and the PayPal services. It applies to U.S. PayPal accounts only.  For an individual to open a U.S. PayPal account and use the PayPal services, you must be a resident of the United States or one of its territories and at least 18 years old, or the age of majority in your state of residence.  For a business to open a U.S. PayPal account and use the PayPal services, the business must be organized in, operating in, or resident of, the United States or one of its territories.

By opening and using a PayPal account, you agree to comply with all of the terms and conditions in this user agreement, so please read all of the terms and conditions carefully. The terms include an agreement to resolve disputes by arbitration on an individual basis. You also agree to comply with the following additional policies and each of the other agreements on the Legal Agreementspage that apply to you:

• Privacy Policy
• Acceptable Use Policy
• Electronic Communications Delivery Policy (E-Sign Disclosure and Consent)

Please read carefully all of the terms of these policies and each of the other agreements that apply to you.

We may amend this user agreement at any time by posting a revised version on our website.  The revised version will be effective at the time we post it.  If we change the user agreement in a way that reduces your rights or increases your responsibilities, we will provide you with 30 days’ prior notice by posting notice on the Policy Updates page of our website.

 

Spring, Texas 77388