YOUR RIGHTS, OBLIGATIONS AND PRIVILEGES


This page contains our full User Agreement. You may wish to print this page for reference. This Agreement sets forth the terms and conditions for you to access the Texas Deal Data™ Web site. Your use of this site constitutes your agreement to these Terms of Use.

FEE-BASED SERVICE CHARGES:


Certain features of this site are available only through the purchase of a site subscription ("Fee-Based Services").
  1. You agree to pay, using a valid credit card or debit card, the monthly or annual subscription charges set forth on the Site and other charges incurred on your account in order to access the Fee-Based Services.
  2. After the trial period, and every month thereafter until you cancel, the membership fee will be automatically billed to your credit card (or debited from your checking account, if you authorized that option). The renewal charge will be the then current published rate for the term of your subscription. In the event Texas Deal Data™ cannot charge your account, we reserve the right to continue trying to bill your account or to terminate your access to the Fee-Based Services.
  3. You may be subject to a preauthorization at the time you order your Online Membership. The preauthorization is not a charge to the credit card. However, the then applicable monthly subscription charge may be reserved against your available credit card limit. Contact your credit card issuing financial institution for details.

CANCELLATION POLICY:


You understand that to cancel your subscription, you can login to the Texas Deal Data™ Site at any time and proceed to the "My Account" page. Once on the "My Account" page, you will scroll down to the "Membership Information" section and click on the "Cancel" link, adjacent to "Membership Status". On the "Membership Status" page you will click the "Cancel Membership" link. You will then enter your Order ID and click the Cancel button.
You may also cancel by telephone by calling 1-877-213-6322. Texas Deal Data™ does not accept Email as a method of canceling service. You must process your cancellation via the Site or the telephone, as described above. All service fees are non-refundable.

PRICING INFORMATION:


Texas Deal Data™ offers several membership types including Trial Memberships, a Standard Membership and an Annual Membership. Each membership type and the respective cancellation policies are explained below:
  1. 7-Day Trial Membership: You will have full access to the service for 7-days for a nominal trial fee. If you do not cancel the service during the trial period, you will be billed $39.80 exactly 7-days, on the hour, from the date and time you originally registered. For example, if you signed up for the trial on January 1 at 2PM, you would be billed for the first month of service on January 8 at 2PM. YOUR ACCOUNT WILL CONTINUE TO BE BILLED ON A MONTHLY BASIS UNTIL CANCELLED.
  2. Standard Membership: You will be billed $39.80, immediately upon registration. There is NO trial with the Standard Membership. YOUR ACCOUNT WILL CONTINUE TO BE BILLED ON A MONTHLY BASIS UNTIL CANCELLED.
  3. Annual Membership: You will be billed $199.00 immediately upon registration. You do not need to cancel your annual subscription, as you will only be billed one time. To continue your membership after the initial one-year term, you will need to re-register for a new account.

FRAUD & CHARGEBACK RIGHTS:


Claiming a charge as fraudulent to avoid payment for your subscription is illegal and any and all violators will be prosecuted to the fullest extent of the law. Your credit card company and the authorities will be notified.
  1. Non-Fraudulent Chargebacks: Chargebacks issued for reasons Texas Deal Data™ deems as non-fraudulent and that Texas Deal Data™ feels you were provided with proper services and/or support will be disputed through your credit card company. It is your responsibility to notify Texas Deal Data™ of any problems you are having with your service immediately. In the event that your credit card company declines chargeback reversal, Texas Deal Data™ reserves the right to refer your account to a third party for collection in the event of default. You agree to pay all costs incurred in the enforcement of this Subscription Agreement and in collection of any delinquent amounts due, including bank fees, reasonable attorneys' fees and any other costs.
  2. Fraudulent Chargebacks: Any chargebacks that result from fraudulent activity will be investigated. Texas Deal Data™ uses Credit Card Verification (CVV2) and Address Verification (AVS) to validate your credit card. Your IP address and network host are recorded when your order is placed and when you log into any subscription based service. This information will be used to trace the order to the person(s) that ordered the service. All information on fraudulent accounts will be turned over to the authorities to assist in locating and prosecuting any and all guilty parties. You may be subject to significant fines and/or confinement.

NO-COMMERCIAL USE:

You agree to use the Site and Fee-Based Services only in a noncommercial manner. The Texas Deal Data™'s services are intended for individual or private use only. Any other use is strictly prohibited.

COPYRIGHT AND TRADEMARKS:

All materials on the Site, including without limitation text, images, software, databases, and Fee-Based Services (collectively, the "Content") are owned or controlled by Texas Deal Data™, its content suppliers and/or other content providers and is protected by the copyright and trademark laws of the United States and other countries, international conventions, and other applicable laws.
You may not download, display, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit the Site or any portion thereof for any public or commercial use without the prior written permission of Texas Deal Data™.
You agree not to use any trademarks, service marks, names, logos, or other identifiers of Texas Deal Data™, licensors, independent contractors, providers and affiliates (collectively, "Affiliates") without the prior written permission of Texas Deal Data™ or the relevant Affiliate.

INFORMATION PROVIDED:

You acknowledge that any reliance upon any advice, opinion, statement, or other information displayed or distributed through the Site is at your sole risk. Texas Deal Data™ reserves the right, in its sole discretion and without notice, to correct any errors or omissions in any portion of the Site, or to deny access to the Site to anyone at any time. Prior to purchasing any third party products or services described on the Site, you are advised to verify pricing and other information. Neither Texas Deal Data™ nor its Affiliates shall have any liability arising from your purchases of third party goods or services based upon the information provided on the Site.

LINKS TO OTHER SITES:

The Site may contain links to other sites on the Internet, which may be maintained by third parties. Such links do not constitute an endorsement by Texas Deal Data™ or its Affiliates of any third-party site or any materials contained therein. Texas Deal Data™ and its Affiliates do not control, and are not responsible for, the availability, accuracy, privacy policy, or currency of such third-party sites or any information, content, products or services accessible from such third-party sites.

AGE RESTRICTIONS:

You represent and warrant to Texas Deal Data™ that you are at least eighteen (18) years old and that you possess the legal right and ability to enter into this Agreement and to use the Site in accordance with this Agreement.

FINANCIAL RESPONSIBILITY:

You agree not to assign, transfer or sublicense your rights as a subscriber to the Fee-Based Services. You agree to be financially responsible for all usage or activity on your Fee-Based Services account.

INDEMNIFICATION:

You hereby agree to indemnify, defend and hold harmless Texas Deal Data™ and its Affiliates from and against any and all liability and costs incurred by Texas Deal Data™ or the Affiliates in connection with any claim arising out of any breach or alleged breach of any of your obligations set forth herein. You shall cooperate as fully as reasonably required in the defense of any claim. Texas Deal Data™ reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Texas Deal Data™.

DISCLAIMER OF WARRANTY.

EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SITE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, FEE-BASED SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF) ARE PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, Texas Deal Data™ AND THE AFFILIATES MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE UNDER ANY CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE BY Texas Deal Data™. Texas Deal Data™ DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR THE FEE-BASED SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR FEE-BASED SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE SITE, INCLUDING FORUMS OR THE SERVER(S) ON WHICH THE SITE IS OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

LIMITATION OF LIABILITY.


USE OF THE SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, COMMUNICATIONS, CONTENT, OR OTHER MATERIAL (INCLUDING WITHOUT LIMITATION SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SITE. UNDER NO CIRCUMSTANCES SHALL Texas Deal Data™ OR THE AFFILIATES, OR ANY PROVIDER OF TELECOMMUNICATIONS OR NETWORK SERVICES FOR Texas Deal Data™ OR THE AFFILIATES, BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR FEE-BASED SERVICES, EVEN IF Texas Deal Data™, THE AFFILIATES, OR THEIR PROVIDERS OF TELECOMMUNICATIONS OR NETWORK SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF Texas Deal Data™ AND THE AFFILIATES HEREUNDER IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS AND USE OF THE FEE-BASED SERVICES. YOU HEREBY RELEASE Texas Deal Data™ AND THE AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

MODIFICATIONS:

  1. To the Agreement.Texas Deal Data™ has the right to modify this Agreement and any policies affecting the Site. Any modification is effective immediately upon posting to the Site or distribution via electronic mail or conventional mail. Your continued use of the Site following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of Texas Deal Data™ in providing the Site, including without limitation (i) any change in the Content, or (ii) any change in the amount or type of fees associated with the Fee-Based Services, is to cancel your subscription.
  2. To the Site:Texas Deal Data™ has the right to modify, suspend or discontinue the Site or any portion thereof at any time, including the availability of any area of the Site, including without limitation the Fee-Based Services. Texas Deal Data™ may also impose limits on certain features and services or restrict your access to parts or all of the Texas Deal Data™ Site without notice or liability.

YOUR RIGHTS:

Texas Deal Data™ grants you a non-exclusive, non-transferable, limited right to access, use this Web site (the "Site") and the materials provided hereon, provided that you comply fully with this Agreement. The contents of the Site are only for your personal, noncommercial use. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way.

GENERAL:

This Agreement constitutes the entire agreement between you and Texas Deal Data™ with respect to the Site and, if applicable, the Fee-Based Services and supersedes all prior agreements between you and Texas Deal Data™. Failure by Texas Deal Data™ to enforce any provision of this agreement shall not be construed as a waiver of any provision or right. The laws of the state of California shall govern interpretation and enforcement of this agreement. In any such action, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees. In the event that any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.
This Agreement (the "Agreement") is between you and Texas Deal Data™. If you do not wish to be bound by these terms and conditions of use, you should not visit or use the Texas Deal Data™ Web site. Texas Deal Data™ reserves the right to change these Terms of Use from time to time at its sole discretion, without prior notice.
Subscribing to Texas Deal Data™ indicates your agreement to the terms and conditions set forth above.