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Visitor Agreement
VISITOR AGREEMENT
 
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LAST UPDATED: April 27, 2010
 
This Web site is owned by Old Mesquite, LLC ("we" or "us"). This Visitor Agreement is a binding legal contract between you and us. Please read this Visitor Agreement; by using this Web site, you accept its terms. The Internet is an evolving medium; we may change the terms of this agreement from time to time. By continuing to use the Web site after we post any such changes, you accept this agreement, as modified.
 
We reserve the right to deny access to this Web site, or any service provided via this Web site, to anyone who violates this Visitor Agreement or who, in our judgment, interferes with the ability of others to enjoy this Web site, or infringes our rights or the rights of others.
 
We invite you to send in your questions or comments about this Web site, or to bring to our attention any material you believe to be inaccurate. Please send such comments, including a copy of any material you wish to discuss to:
 
Alan Nelson
Old Mesquite LLC
P.O. Box 1
Waco, Texas 76703
 E-mail: nelson@texasbusiness.com
PRIVACY
We respect the privacy of the users of our Web site. Please take a moment to review our Privacy Policy.
 
INTELLECTUAL PROPERTY RIGHTS
Rights and permissions
 
All staff articles, graphics, and photos that appear in Texas Business, on TexasBusiness.com, and in our Web archive are, unless specifically noted otherwise, copyrighted by TexasBusiness.com. They may not be reproduced, republished, retransmitted, or redistributed, in whole or in part, without prior written permission from us.
 
However:
 
•You may reproduce up to five copies of a Texas Business staff article for personal use only. This does not include display or promotional use.
•You may email a Texas Business staff article to up to five individuals for personal use only. This does not include promotional use.
•Elementary, middle and high school teachers may reproduce a Texas Business staff article for classroom use only.
•You may link to an article on TexasBusiness.com. This does not include framing TexasBusiness.com within your site.
For all other uses, see below for requesting permission.
 
The Copyright Clearance Center is authorized by TexasBusiness.com to handle requests to:
 
•Republish or use staff-written articles in journals, magazines, newspapers, newsletters, dissertations, textbooks, tradebooks, CD-ROMs, and DVDs
•Make multiple photocopies for internal use within an organization or company
•Post articles on a company or organization intranet
•Distribute articles via email
•Make copies of articles for coursepacks to be sold to students or for use in electronic coursepacks.
 
Your License to Us. By submitting material to us, you are representing that you are the owner of the material, or are making your submission with the express consent of the owner. By submitting material to any public posting areas of this Web site, such as any message boards, CLASSIFIEDS, forums, or community publishing areas, you agree that we (including our partners, agents, affiliates and service providers (collectively, “Third Party Providers”), may reproduce, modify, and distribute such material as we see fit in any medium and for any purpose. You also agree that we, including our Third Party Providers, may identify you as the author of any of your postings by name, email address or screen name as we see appropriate. We also reserve the right (but assume no obligation) to delete, move, or edit any postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons.
 
Links. We welcome links to our Web site. You are free to establish a hypertext link to this site so long as the link does not state or imply any sponsorship of your site by us.
 
No Framing. Without our prior written permission, you may not frame, or in-line link, any of the content of this Web site, or incorporate into another Web site or other service, any of our intellectual property. Requests for permission to frame our content or in-line link to our Web site may be sent to bkabat@wacotrib.com.
 
Trademarks. You may not use any trademark or service mark appearing on this Web site without the prior written consent of the owner of the mark. Texas Business and TexasBusiness.com are trademarks of Old Mesquite, LLC.
 
Notice of Claim of Intellectual Property (Copyright) Infringement. If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via our Web site, please notify us by completing our Intellectual Property Notification form (below) and e-mailing it to nelson@texasbusiness.com, or by sending a notice by U.S. Mail to Alan Nelson, Old Mesquite LLC, P.O. Box 1, Waco, TX 76703. A written notice must contain at least the same information as requested in our online form (below). You should only use the Intellectual Property Notification form or send a written notice if you believe that your work has been used or copied in a manner that infringes your intellectual property rights and such infringement has occurred on this Web site. We will not respond to any other type of inquiries directed to us through using the Intellectual Property Notification form. All such other inquiries should be made via the feedback procedure described on our Web site.
 
Intellectual Property Notification form
 
•Your title [Mr., Mrs., Ms., etc.]
•Your name [John Q. Public]
•Your company (if applicable)
•Your address [1234 Elm St., Suite 007, Anytown, NY 98765]
•Phone [212-555-1212]
•E-mail [yourname@yourcompany.com]
•Information About the Intellectual Property
◦Exact Web address on this site of the page in question [www.wacotrib.com/pagename.html]
◦Please provide the exact URL (or other specific location) of the intellectual property in question, and describe, in as much detail as possible, why you believe it has been improperly posted or distributed by this site.
◦Your relationship to the owner of the intellectual property [owner, authorized representative, etc.]
•By notifying us in this manner, you are representing, under penalty of perjury, that the information you provided above is accurate and completed, and that you are the copyright owner or are authorized to act on behalf of such person or entity. You also represent that you maintain a good faith belief that the use of the materials you referenced above are not authorized for use on this site by the copyright owner, its agent, or by operation of law.
THIRD PARTY VENDORS
Some of the material on our Web site is provided by Third Party Vendors. Third Party Vendors’ text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these Third Party Vendors’ materials nor any portion of these materials may be stored in a computer except for personal and non-commercial use. The Third Party Vendors shall be deemed a third party beneficiary of this Visitor Agreement with respect to the foregoing two sentences only, and may bring an action against you to enforce its rights. The Third Party Vendors and Old Mesquite, LLC will not be held liable for any delays, inaccuracies, errors, or omissions in these materials or in the transmission or delivery of all or any part of these materials or for any damages arising from any of the foregoing.
 
CLASSIFIEDS SERVICE
We reserve the right to reject any ad copy. All orders are subject in all respects to our current rules and regulations and current demands upon advertising space. Our liability for an error will not exceed the cost of the space occupied by the error, and in no event shall our liability for your use of our classified advertising services exceed the amount you paid for the use of the services. We reserve the right to edit, reclassify, revise, or cancel any advertisement at any time. Rates and specifications are subject to change. We do not knowingly accept advertising that discriminates or intends to discriminate based on race, color, religion, sex, national origin, handicap, or familial status. Texas Business accepts no liability for error or omission. NO REFUNDS AFTER PUBLICATION DEADLINE.
 
PERSONAL ADVERTISEMENTS.
We are a community, business-oriented publication. Advertisements must be appropriate for all ages. We reserve the right to edit or reject ads that do not meet these standards. Use of personal advertising for any illegal purpose will be subject to prosecution.
 
EMPLOYMENT ADVERTISEMENTS
We do not knowingly accept advertisements regarding employment that are not ads for bona fide job opportunities. We also do not knowingly accept advertisements that discriminate or intend to discriminate on any illegal basis, or that are otherwise illegal. If you think that an advertisement posted on this service discriminates on any illegal basis, or is otherwise illegal, please contact us at nelson@texasbusiness.com.
 
Positions vary. We encourage you to investigate fully and understand all aspects of any job you are considering. Some positions may require an investment or purchase on consignment on your part, or may involve your recruiting others. Positions are often paid by draw, commission, or bonus instead of salary. We encourage you to investigate fully and understand all aspects of any job you are considering.
 
From time to time, we may provide advertisements or online services relating to career counseling firms. A career counseling firm does not guarantee actual placement in a job as the result of its services. Understand any agreement that you enter into with a career counseling firm before you pay for the firm’s services.
 
Equal Housing Opportunity. Any real estate advertising on this Web site is subject to the Fair Housing Act, which makes it illegal to advertise "any preference limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin, or an intention to make any such preference, limitation or discrimination.” Familial status includes children under the age of 18 living with parents or legal custodians; pregnant women and people securing custody of children under 18. To complain of discrimination call the U.S. Department of Housing and Urban Development at 800-699-9777. Old Mesquite, LLC is not responsible for the content of any such advertising; see the DISCLAIMER and the USE OF SERVICE sections (below) of this Agreement.
 
General Advice
 
It is illegal for companies doing business by phone to promise you a loan and ask you to pay for it before they deliver. Before you do business with a company, check it out with the Better Business Bureau. For free information about avoiding advance fee loan scams, write the Federal Trade Commission, Washington, D.C. 20580, or call the National Fraud Information Center, 1-800-876-7060. Don't pay for a promise, especially one relating to business opportunities or franchises unless you understand the terms and conditions under which the business opportunity or franchise is being offered to you.
 
Federal law allows you to correct your credit report for free. Credit repair clinics that do business by telephone cannot request or receive payment until six months after they perform their services. For more information about credit card scams, write the Federal Trade Commission, Washington, D.C. 20580.
 
DISCLAIMERS
We work hard to make this Web site an interesting and enjoyable place. We cannot guarantee, however, that our users will always find everything to their liking; nor could we provide a service if we were exposed to substantial liability. Please read these Disclaimers carefully before using this Web site.
 
Use at Your Own Risk. We provide the material available through this Web site for informational purposes only. You may only use the material and the services available through this Web site for your personal and non-commercial use. We try to ensure that information we post to this site is both timely and accurate, and that the services offered are reliable. Yet despite our efforts, errors may occur from time to time. In addition, some reports, such as stock quotes and related financial news, may be delayed due to legal requirements, like those of the stock exchanges and/or financial information services. Before you act on any information you've found on our site, you should confirm any facts that are important to your decision. IF YOU RELY ON ANY INFORMATION OR SERVICE AVAILABLE THROUGH THIS Web site, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY SERVICE OR ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THIS Web site.
 
Materials Submitted by Other Users. We cannot and do not review every posting made in our forums, and other areas available for public postings. You may well read any given posting before anyone on our staff does. You can expect these areas to include information and opinions from a variety of individuals and organizations other than us. We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user, from a celebrity or "expert" guest, or from a member of our staff. There is no substitute for healthy skepticism and your own good judgment.
 
No Endorsements. We are not responsible for, and cannot guarantee the performance of, goods and services provided by our advertisers or others to whose sites we link. A link to another Web site does not constitute our endorsement of that site (nor of any product, service or other material offered on that site).
 
No Warranties. THIS Web site AND ALL MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH IT, ARE PROVIDED TO YOU "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE.” WE, OUR AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH THE Web site, NOR DO WE GUARANTEE THAT THE MATERIALS, INFORMATION OR SERVICES WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ACCORDINGLY, WE DISCLAIM ANY AND ALL WARRANTIES.
 
Limitations on Our Liability. UNDER NO CIRCUMSTANCES SHALL WE, OR OUR AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF THIS Web site OR ANY SERVICE AVAILABLE THROUGH THIS Web site, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU AGREE THAT OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AGENTS, AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THIS Web site OR ANY SERVICE AVAILABLE THROUGH THIS Web site SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE USE OF THE SERVICE.
 
USE OF SERVICES
We may provide a variety of services on this Web site through which you can directly interact with others, such as email services, forums, CLASSIFIEDS and other user-submitted advertising, and other public posting areas (“Services”). We want to encourage an open exchange of information and ideas, but at the same time, we want everyone to be able to enjoy these Services.
 
We will not, in the ordinary course of business, review private electronic messages that are not addressed to us. However, we maintain the right to do so and to use any other forms of information available to us by virtue of your use of our Web site (including, for example, reverse IP address inquiry) in order to comply with the law, to enforce our Visitor Agreement, or to protect the rights, property or safety of visitors to our Web site, our customers, the public or Old Mesquite, LLC and its employees, agents, partners and affiliates.
 
We reserve the right to deny access to any Service to anyone who violates this Visitor Agreement or who, in our judgment, interferes with the ability of others to enjoy our Web site or infringes our rights or the rights of others. We also reserve the right (but assume no obligation) to delete, move, or edit any postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. We will comply with the requirements of the law regarding disclosure of any messages to others, including law enforcement agencies.
 
Specific Prohibited Uses. Without limiting the foregoing, we may immediately terminate your use of any Service if you engage in any of the following prohibited activities:
 
•Uploading, posting, emailing, transmitting or otherwise making available any content that is unlawful, harmful, threatening, abusive, libelous, or obscene;
•Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
•Forging headers or otherwise manipulating identifiers in a manner that disguises the origin of any content you transmit through any Service;
•Uploading, posting, emailing, transmitting or otherwise making available any content that you do not have a right to make available under any law or under any contractual or fiduciary relationship (such as inside information, trade secrets, proprietary and/or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
•Uploading, posting, emailing, transmitting or otherwise making available any content that infringes any patent, trademark, trade secret, copyright or other proprietary right of any person;
•Uploading, posting, emailing, transmitting or otherwise making available any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation, without our express written approval;
•Gathering for the purpose of "spamming" any email addresses that users post in our forums and other public posting areas;
•Uploading, posting, emailing, transmitting or otherwise making available any content or material that contains software viruses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications or other equipment, or to cause a security breach of such software, hardware or telecommunications or other equipment;
•Uploading or posting any off-topic or irrelevant material to any forum;
•Interfering with or disrupting any servers or networks used to provide the Services, or disobeying any requirements, procedures, policies or regulations of the networks we use to provide the Services;
•Violating any applicable local, state, national or international law, including, but not limited to (i) all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside, (ii) regulations promulgated by the U.S. Securities and Exchange Commission, and (iii) any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
•"Stalking" or otherwise harassing another;
•Instigating or encouraging others to commit illegal activities or cause injury or property damage to any person;
•Collecting or storing personal data about other users;
•Gaining unauthorized access to our Web site, or any account, computer system, or network connected to this Web site, by means such as hacking, password mining or other illicit means; or
•Obtaining or attempting to obtain any materials or information through any means not intentionally made available through this Web site.
Spam. We will immediately terminate any account which we believe is being used to transmit, or is otherwise connected with, any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated, then you agree to pay us liquidated damages of $2 for each item of spam or unsolicited bulk email transmitted from, or otherwise connected with, your account. Otherwise you agree to pay our actual damages, to the extent such actual damages can be reasonably calculated.
 
Viruses. Because of the volume of email messages sent by us and users of this Web site, we cannot and do not always monitor such email messages and attachments. You acknowledge and agree that such email messages may contain viruses, worms or other harmful components. You also acknowledge and agree that you are solely responsible for screening the email messages and attachments for viruses, worms and other harmful components.
 
Indemnity. You agree to indemnify and hold us and our affiliates, agents and licensors, harmless from any claim that may arise from your use of any free email service available through this Web site.
 
MISCELLANEOUS
Registration. To obtain access to certain services on our site, you may be given an opportunity to register with us. You agree that you will register only if you are 13 years or older. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, nor attempt to enter the service under the name of, another person. We reserve the right to reject or terminate any user name that, in our judgment, we deem offensive. You will be responsible for preserving the confidentiality of your password and will notify us at nelson@texasbusiness.com of any known or suspected unauthorized use of your account.
 
Jurisdiction. This Visitor Agreement has been made in and shall be construed in accordance with the laws of the State of Texas. By using this service, you consent to the exclusive jurisdiction of the state and federal courts in Waco, Texas in all disputes arising out of or relating to this agreement or this Web site