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.
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.
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.