1. Introduction

Use of this Website, and information distributed in conjunction with this website, is offered to you on your acceptance of these Terms and Conditions, our Privacy Policy, and other notices and agreements posted on this website. Your use of this Website or of any content presented in any and all areas of the website indicates your acknowledgment and agreement to these Terms and Conditions, our Privacy Policy, and other notices and agreements posted on this Website. If you do not agree to be bound by and comply with all of the foregoing, you may not access or use this website. We suggest you print a copy of each of these documents for your records.

PrepMunch, LLC and/or www.prepmunch.com (individually and collectively the “Company”), shall have the right, at its sole discretion, to modify, add or remove any terms or conditions of these Terms and Conditions without notice or liability to you. Any changes to these Terms and Conditions shall be effective immediately following the posting of such changes on this Website. You agree to review these Terms and Conditions from time to time and agree that any subsequent use by you of this website following changes to these Terms and Conditions shall constitute your acceptance of all such changes.

IN USING THIS WEBSITE AND UPLOADING DATA AND INFORMATION, YOU ARE AFFIRMING THAT YOU ARE AT LEAST 13 YEARS OF AGE OR OLDER. VISITORS TO THIS WEBSITE UNDER THE AGE OF 13 MUST HAVE PERMISSION OF THEIR PARENT(S) AND/ OR GUARDIAN(S).

YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY RESERVES THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME AND IN OUR SOLE DISCRETION WHENEVER THE COMPANY DEEMS THAT YOUR USE IS IN ANY MANNER INAPPROPRIATE OR IN VIOLATION OF THESE TERMS OF USE.

2. Use of Website

The Company authorizes you to view and access a single copy of the content available on or from www.prepmunch.com (the "Website") solely for your use.

3. Your Conduct

This Website may be used only for lawful purposes of test prep information and services. The Company specifically prohibits any use of the Website, and all users agree not to use the Website, for any purposes other than designated by the Company, including but not limited to:

The uploading or storage of files and information related to pornography, or that are defamatory, abusive, obscene, threatening, harassing, or racially offensive.
Using any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website.
Taking any action that imposes an unreasonable or disproportionately large load on this Website's infrastructure.
If you have a password allowing access to a non-public area of this Website, disclosing or sharing your password with any third parties or using your password for any unauthorized purpose.
Using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website other than the search engine and search agents available from Company and other generally available third party web browsers.
Attempting to decipher, decompile, disassemble or reverse engineer any part of this Website or the software comprising this Website.
Aggregating, copying or duplicating in any manner any of the website content or information available from this Website.
Framing of or linking to any of the Website content or information available from this Website.
Participating in a denial-of-service attack against this Website or against any other website or computer environment by using this Website.
Collecting or attempting to collect any information of others, including passwords and account or other information, or providing to or transmitting through this Website any material that is unlawful or violates the rights of others.
Engaging in any screen scraping or data acquisition and consolidation.
Copying or adapting the HTML, asp.net, vd.net, XML, java script or any other dynamic code that the Company creates to generate any Website content or the pages making up this Website.
Infringing the intellectual property rights of others in any way.
Making any unauthorized commercial use of this Website.

4. Site Security Rules

Users are prohibited from violating or attempting to violate the security of this Website, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to this website, overloading, "flooding", "spamming", "mailbombing" or "crashing", or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

5. User Information

You are solely responsible for the data and information that you input or upload to the Website. The Company reserves the right in its sole discretion to decide whether the data and information that you input or upload to the Website are appropriate and complies with these Terms and Conditions, other of the Company’s Website policies, and applicable laws and regulations.

When you register for the Website, you will be asked to provide the Company with certain information including, without limitation, a valid email address (your "Information"). In addition to the terms that may be set forth in any Privacy Policy on this Website, you understand and agree that Company may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. Company will not disclose to any third party your name, address, e-mail address or telephone number without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. Company reserves the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by the Company or by third parties. Please see the Company's Privacy Statement for further details regarding your Information.

By submitting content or information, including but not limited to your personal information to any public or non-public area of this website, you acknowledge that any such content or information is not confidential and that such content or information is accurate, current, and complete. You grant the Company the royalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive right (including any moral rights) and license, without restrictions of any kind, without any payment or other consideration of any kind, and without permission or notification to you or any third party, to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content and information (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also permit any visitor to the website to access, display, view, store and reproduce such content.

6. Registration and Password

You are responsible for maintaining the confidentiality of your information uploaded to the website and your user name and password. You shall be responsible for all uses of such information, whether or not authorized by you. You agree to immediately notify US of any unauthorized use of your username or password. Your username and password may not be transferred or assigned.

7. Use of Website Content

For all visitors to the Website, the content on the Website represents the information as at the date of publication. As conditions change, the Company reserves the right to alter and update the content to reflect the new conditions.

The Company does not assume any responsibility for errors, inaccuracies or omissions in any of the information provided on or through this Website.

The Website content may contain inaccuracies or typographical errors. This Website may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. Further, the Company is not responsible if information that made available on this Website is not accurate, reliable, complete, timely, or current. Any reliance upon the information obtained on or through Website site will be at your own risk. We reserve the right to modify the contents of the site at any time, but we have no obligation to update any information on this site. You agree that it is your responsibility to monitor changes to the site.

8. Use of Website Services

The Company is only a conduit for those seeking information and services relating to national test preparation.

The Company does not represent or warrant that you will find information suitable for your situation. Nothing on the Website shall be considered as a referral, endorsement, or recommendation of any manner.

The information contained and/or the services offered through this Website is for informational purposes only, might not be suitable for your own personal circumstances, and cannot serve as a substitute for professional advice. Any information and services offered are with the understanding that the Company assumes no responsibility or liability whatsoever on the behalf of any member who directly or indirectly acts on the information contained on or offered through this Website. Any use of this advice, counseling, and information is solely at your own risk.

The Company is not involved in the actual transaction between you and others on this Website. As a result, the Company has no control over the quality and safety or legality of the third party information obtained through this Website. In addition, there are risks, including but not limited to the risk of physical harm, in dealing with strangers, foreign nationals, underage persons, or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through this website, and Company has no responsibility or liability for any transactions, online or offline, between you and any third party.

Other than the “Guarantee” set forth in this document, the Company makes no other representation that you will find that the information and services obtained will be satisfactory, complete, or be of benefit. The information obtained through this website is informational only and it is not intended to replace professional advice and counseling. The Company is not liable for any damages sustained upon your reliance on the information received from this Website.

Because user authentication on the Internet is difficult, the Company cannot and does not confirm that people are who they claim to be. It does not and cannot be involved in member-to-member dealings or control the behavior of participants on this Website; consequently in the event that you have a dispute with a member, you release the Company (and its subsidiaries, affiliates, officers, directors, employees, agents, partners, and representatives) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If You are a California resident in the United States, you waive California Civil Code d1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

You hereby release and agree to hold harmless the Company, its subsidiaries, affiliates, officers, directors, employees, agents, partners, and representatives from any and all causes of action and claims of any nature resulting from the acts of any third parties accessed through the Website, including but not limited to, direct, incidental, consequential, or special damages that may occur from your use of this Website, or the inability to access or use information or other Website services.

9. Guarantee

The company offers two types of guarantees

9. 1. Money back guarantee

The Company offers a money-back guarantee to students who take the diagnostic test, watch all of the videos, take all practice tests and questions inside each module, take both full length tests in the specified order, complete the above requirements in three months from their initial registration on the Website, take the next available SAT test, and fail to increase their SAT score, less $25.00 for set up and registration costs. In order to measure a score increase, the Company compares the student’s first diagnostic test score to the student’s actual SAT score immediately following the course.

In order to obtain any refund, students must download the refund application form from the Website and mail it to the address indicated in the form with all the necessary documentation as indicated in the form.

Any request for refund must be postmarked within 10 weeks from the date of the SAT Test. The Company is not responsible for postal delays or for mail lost in transit.

The company will make a refund to the same credit card that was used to pay the fee. In the event of our not being able to do that, the student will be sent a refund check drafted to the person who paid for the course, less the set up and registration costs, by first class mail within 6-8 weeks of the company receiving all the completed refund form and all applicable documentation. If the company finds that the documentation is not in order, the claim will be rejected and the student will be sent a refund check.

 

9. 2. 300 point guarantee

In addition to the refund, students will be entitled to access to the course materials for an additional 3 months at no extra charge, if the student takes the diagnostic test, watches all the videos, completes all the tests and questions in the course in the specified order, completes the requirements in 3 months from their initial registration on the Website, takes the next available SAT test, and fails to increase their SAT score by at least 300 points.

In order to measure a 300 point increase, the Company compares the student’s first diagnostic test score to the student’s actual SAT score immediately following the course. The student will be eligible for the 3-month free access pass if the score does not increase by at least 300 points. The student needs to download the 3 months free access form from the Website and mail it to the address indicated in the form with the necessary documentation as indicated in the form. The Company will review the papers and will renew the pass if all papers are in order. If not, the company will reject the application and let the student know by e-mail. The Company is not responsible for postal delays or for mail lost in transit. Any request for a free pass must be postmarked within 10 weeks from the date of the SAT Test.

If the company finds that the documentation is not in order, the claim will be rejected and the student will be informed by e-mail.

10.   Use of Forum

The Company is making available to the users of this Website a forum or other means of communication between users of this Website. You are responsible for your use of the forum, for the security of your user name and password, and for all postings under your username and password. You agree that your use of this service complies with all local, state, and federal laws of your local jurisdiction, including any laws that prohibit the transmission of certain data into and from your country.

In its sole discretion the Company reserves the right to refuse service to anyone at any time, and to delete any postings that violate these terms of use or its privacy policy.

Prohibited forum content, includes but is not limited to pornography and obscenity, content that infringes on a third party’s intellectual property rights or rights of privacy or publicity, content that is defamatory, content that is used to impersonate a third party, and content that is violent or hateful against third parties.

The person initiating such posting must provide the contents of a specific posting.

The Company takes no responsibility for any content provided by third parties, and undertakes no responsibility to monitor the content of any of the postings. You use this service at your own risk, and with the understanding that postings may contain content that is offensive or deceptive. The Company does not authenticate, endorse, support, represent, or guarantee the truthfulness, accuracy, or reliability of any posting or endorse any opinions expressed in any posting. Caution and appropriate consideration is thus necessary when using this service. You acknowledge that any reliance on the information obtained through this website will be at your own risk.

You grant the Company the non-exclusive worldwide right to publish and distribute postings posted by you without any compensation. You retain the ownership and copyright to your postings. You may not use, duplicate, modify, distribute, or reproduce the content posted by others in any manner without their express permission. The Company is not a party to granting such permission and is not involved in any relationship, contractual or otherwise, between users of this service. If you believe that intellectual property rights have been infringed, you may notify the Company according to the notification procedures set forth in the general terms of use.

This service is provided on an as is and as available basis. The Company disclaims all responsibility and liability for the availability, timeliness, security or reliability of this service or the failure to store or transmit any content, and reserves the right to modify, suspend or discontinue this service with or without notice at any time and without any liability to you.

You represent and warrant that you have the rights to post information on this service, and that the information contained in any posting posted by you does not violate these conditions, the general Terms of Use, and this website’s privacy statement, or the rights of any third party. You agree to hold harmless and indemnify the Company, and its subsidiaries, affiliates, officers, agents, and employees from and against any third-party claim arising from or in any way related to your use of this service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorney’s fees.

11.   Customer Comments

We appreciate hearing from our users and welcome your comments regarding our services and the website. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those that we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Submission"), the Submission shall be the property of Company. None of the Submissions shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Submission. Company shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to the user or any other person who submitted the Submission.

12.   Registration and Password

You are responsible for maintaining the confidentiality of your information uploaded to the website and your user name and password. You shall be responsible for all uses of such information, whether or not authorized by you. You agree to immediately notify the Company of any unauthorized use of your username or password. Your username and password may not be transferred or assigned.

13.   Identification of Agent to Receive Notification and Elements of Notification of Claimed Copyright Infringement

If you believe that any copyrighted work has been uploaded to this Website and is accessible on this Website in a way that constitutes copyright infringement, please notify us by providing our designated copyright agent with the following information:

1. The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf;

2. A description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing;

3. Identification of the URL or other specific location on this website where the material or activity you claim to be infringing is located or is occurring; you must include enough information to allow us to locate the material or the activity;

4. Your name, address, telephone number, and e-mail address;

5. A statement by you that you have a good faith belief that use on the website of the copyrighted work in the manner you are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law; and

6. A statement by you, made under penalty of perjury, that the information you have provided in your notice is accurate and that you are either the copyright owner or are authorized to act on behalf of the copyright owner.

We have designated Suresh Srinivasan as our agent to receive notices of claims of copyright infringement on our website. You can contact Suresh Srinivasan as follows:

Mail: PrepMunch, LLC, 12919, Bramford Point Lane, Houston, TX 77070

Telephone: 832-659-7300

Email: legal@prepmunch.com

14.   Intellectual Property

“PrepMunch”, and any other Company trademarks and trade names, now existing or created in the future, and any variations thereof, are and shall remain the trademarks and trade names and exclusive property of Company, and any unauthorized use of such trademarks and trade names is unlawful.

This Website (including without limitation all programs, complied binaries, interface layout, interface text, documentation and graphics) is the property of Company and is protected by copyright laws of the United States and other countries. The Company reserves any rights not expressly granted to you.

You may not sell or modify the Website content or reproduce, display, publicly perform, distribute, or otherwise use the Website content in any way for any public, commercial, or non-commercial purpose. The use of the Website content on any other Website or in a networked computer environment for any purpose is prohibited.

15.   Advertisements

There may be advertisements placed on this Website. By clicking on the advertisements, you may be taken to a web site of the advertiser or receive other messages, information or offers from the advertiser. You are solely liable for any actions undertaken through these websites, and acknowledge and agree that the Company is not liable for the privacy practices of advertisers or the content of their web sites, information, messages, or offers.

16.   Links

This Website may contain links to other sites and banner ads that take a visitor to another website. Please be aware that the Company is not responsible for the content or terms of use of such other sites. Users are encouraged to be aware of the specific content on the other websites when they leave this site and to read the applicable terms of use and other website requirements.

17.   DISCLAIMERS

COMPANY DOES NOT WARRANT THAT THIS WEBSITE WILL OPERATE ERROR-FREE OR THAT THIS WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THIS WEBSITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEBSITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY DOES NOT EVALUATE OR GUARANTEE THE ACCURACY OR BENEFITS OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE, AND, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEBSITE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

THE TRANSMISSION OF FILES AND INFORMATION (INCLUDING COMMUNICATIONS BY E-MAIL) OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS IS NOT SECURE, AND IS SUBJECT TO POSSIBLE LOSS, INTERCEPTION OR ALTERATION WHILE IN TRANSIT. ACCORDINGLY, COMPANY DOES NOT ASSUME ANY LIABILITY FOR ANY DAMAGE YOU MAY EXPERIENCE OR COSTS YOU MAY INCUR AS A RESULT OF ANY TRANSMISSIONS OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS, SUCH AS TRANSMISSIONS INVOLVING THE EXCHANGE OF E-MAIL WITH US (INCLUDING THOSE WHICH MAY CONTAIN YOUR PERSONAL INFORMATION). WHILE COMPANY TAKES COMMERCIALLY REASONABLE EFFORTS TO SAFEGUARD THE PRIVACY OF THE INFORMATION YOU PROVIDE US AND TREAT SUCH INFORMATION IN ACCORDANCE WITH OUR PRIVACY POLICY, IN NO EVENT WILL THE INFORMATION YOU PROVIDE TO US BE DEEMED TO BE CONFIDENTIAL, CREATE ANY FIDUCIARY OBLIGATIONS TO YOU ON OUR PART, OR RESULT IN ANY LIABILITY TO YOU ON OUR PART IN THE EVENT THAT SUCH INFORMATION IS INADVERTENTLY RELEASED BY COMPANY OR ACCESSED BY THIRD PARTIES WITHOUT OUR CONSENT.

COMPANY TAKES NO RESPONSIBILITY WHATSOEVER FOR THE DATA AND/OR INFORMATION YOU HAVE UPLOADED TO THE WEBSITE, AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE DELETION, CORRECTION, DESTRUCTION, DAMAGE, OR LOSS OF DATA AND/OR INFORMATION, OR FAILURE TO STORE ANY DATA AND/OR INFORMATION. NOR IS THE COMPANY RESPONSIBLE FOR LOSS OF DATA AND/OR INFORMATION THROUGH THE ACTION OF ANY THIRD PARTY OR BECAUSE OF CIRCUMSTANCES BEYOND THE COMPANY’S CONTROL. ALL USERS ARE EXPECTED TO HAVE THEIR OWN BACKUP OF ALL OF THE DATA AND INFORMATION TRANSFERRED TO THE SITE.

YOU ARE RESPONSIBLE FOR ENSURING THAT THE CONTENT YOU INPUT ON THIS WEBSITE IS ACCURATE AND APPLICABLE TO YOUR PERSONAL SITUATION. NEITHER THE SOFTWARE PROVIDED NOR THE COMPANY CAN VERIFY YOUR INPUT AND THEREFORE CANNOT BE LIABLE FOR THE INACCURACY OR UNSUITABILITY OF CONTENT INPUTTED BY YOU. THE SERVICES AVAILABLE FROM THE COMPANY ARE NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE, AND YOU ARE RESPONSIBLE FOR OBTAINING SUCH PROFESSIONAL ADVICE AS APPROPRIATE.

YOU UNDERSTAND THAT YOUR INFORMATION WILL BE STORED, PROCESSED, AND BE ACCESSIBLE FOR RETRIEVAL FROM THE COMPANY’S WEBSITE, AND YOU CONSENT TO SUCH STORAGE, PROCESSING, AND RETRIEVAL. THE SOFTWARE ACCESSIBLE TO YOU ON THE WEBSITE WILL ACCOMPLISH THE STORAGE, PROCESSING, AND RETRIEVAL WHEN YOU REGISTER. FURTHER INFORMATION REGARDING THE PRIVACY OF DATA IS AVAILABLE FROM THE COMPANY’S PRIVACY POLICY.

OTHER THAN THE GUARANTEE THE COMPANY SHALL NOT BE RESPONSIBLE FOR THE QUALITY OF INFORMATION OR SERVICES OBTAINED BY THROUGH THIS WEBSITE, FOR THE ACTS OR OMISSIONS OF THIRD PARTIES, OR FOR ENFORCING ANY AGREEMENT MADE BY YOU AND ANY THIRD PARTY. BY USING THIS WEBSITE YOU ACCEPT THE TERMS AND CONDITIONS OF THIS DISCLAIMER. ANY USE THAT YOU MAKE OF INFORMATION OR SERVICES OBTAINED THROUGH THIS WEBSITE IS AT YOUR OWN RISK AND THE COMPANY IS NOT RESPONSIBLE FOR ANY DAMAGES OR LOSSES RESULTING FROM YOUR RELIANCE ON SUCH INFORMATION OR SERVICES. YOU EXPRESSLY AGREE TO HOLD THE COMPANY, INCLUDING BUT NOT LIMITED TO ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND PARTNERS HARMLESS FROM ANY LOSS, HARM, INJURY, OR DAMAGE WHATSOEVER RESULTING FROM OR ARISING OUT OF ANY INFORMATION OR YOUR USE OF OR RELIANCE ON ANY INFORMATION OR SERVICES OBTAINED THROUGH THIS WEBSITE.

18.   LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER COMPANY OR INCLUDING ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND PARTNERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE OR ANY OTHER WEBSITE YOU ACCESS THROUGH A LINK FROM THIS WEBSITE OR FROM ANY ACTIONS COMPANY TAKES OR FAILS TO TAKE AS A RESULT OF ELECTRONIC MAIL MESSAGES YOU TRANSMIT. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES.

THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

COMPANY'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE OR YOUR USE OF THE WEBSITE, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $50.

19.   DISCLAIMER OF CONSEQUENTIAL DAMAGES

IN NO EVENT SHALL COMPANY, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND PARTNERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THIS WEBSITE AND THE WEBSITE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

20.   YOUR LIABILITY

IF YOU CAUSE A TECHNICAL DISRUPTION OF THE SITE OR THE SYSTEMS TRANSMITTING THE SITE TO YOU OR OTHERS YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES, COSTS AND EXPENSES (INCLUDING ATTORNEY'S FEES) ARISING FROM THAT DISRUPTION.

21.   INDEMNITY

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS COMPANY, INCLUDING BUT NOT LIMITED TO ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND PARTNERS, HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, ACTION, OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES, ALLEGING OR RESULTING FROM (I) YOUR USE OF THE COMPANY’S WEBSITE; (II) ANY MATERIAL YOU PROVIDE TO THE COMPANY’S WEBSITE THAT IS INACCURATE OR UNTRUE, (III) ANY WEBSITE CONTENT THAT YOU USE OR (III) YOUR BREACH OF THE TERMS OF THESE TERMS AND CONDITIONS, PRIVACY STATEMENT, REPRESENTATIONS AND WARRANTIES. COMPANY SHALL PROVIDE NOTICE TO YOU PROMPTLY OF ANY SUCH CLAIM, SUIT, OR PROCEEDING AND SHALL ASSIST YOU, AT YOUR EXPENSE, IN DEFENDING ANY SUCH CLAIM, SUIT OR PROCEEDING. THE COMPANY RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, WHICH SHALL NOT EXCUSE YOUR INDEMNITY OBLIGATIONS.

22.   Breach of Agreement

Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to immediate termination without notice of your registration and your ability to access this Website, and/or any other service provided to you by the Company, upon any breach by you of these Terms of Use, or if the Company is unable to verify or authenticate any information you submit to the Website. Upon such action undertaken by Company, Company in its sole discretion, may, among its other legal remedies, retain any unused membership fees.

23.   Additional Terms and Conditions

These Terms of Use, the Website’s Privacy Statements, and other relevant documents and agreements constitute the entire agreement between you and Company with respect to the use of website. No changes to these Terms of Use shall be made except by a revised posting on this page.

The Company makes no claims that the website content may be lawfully viewed or accessed in any specific country. Access to the Website content may not be legal by certain persons or in certain countries. When you access the Website, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

In addition, without limiting any of the other disclaimers of warranty set forth in these Terms and Conditions, Company does not provide or make any undertaking as to the quality or nature of any of the products or services purchased or obtained through this Website, or any other representation, warranty or guaranty.

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Texas applicable therein, without regard to conflict of laws. You irrevocably consent to the exclusive jurisdiction of the courts located in the State of Texas in connection with any action arising out of or related to these terms of use or their subject matter. You waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non-convenience in any such action.

If any court having competent jurisdiction holds any provision of these Terms and Conditions invalid or unenforceable in any respect, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms and Conditions shall continue in full force and effect. No waiver of any provision of these Terms and Conditions shall be deemed a further or continuing waiver of such provision or any other provision of these Terms and Conditions.