Pursuant to the Digital Millennium Copyright Act, Net Tyler.com has adopted
and has implemented a policy that will terminate a subscriber's or user's acount
and privileges, in appropriate circumstances, if it is found that the subscriber
or user is engaging in repeated instances of copyright infringement.
TRADEMARKS
Net Tyler.com, and/or any other names of Net Tyler, or its publications, products,
content or services referenced herein or on the Site are the exclusive trademarks
or servicemarks of Net Tyler. Other product and company names mentioned in
the Site may be the trademarks of their respective owners.
Use of the Site
You understand that, except for information, products or services clearly identified
as being supplied by Net Tyler.com, Net Tyler.com does not operate, control or
endorse any information, products or services on the Internet in any way. Except
for Net Tyler.com identified information, products or services, all information,
products and services offered through the Site or on the Internet generally
are offered by third parties that are not affiliated with Net Tyler.com. You also
understand that Net Tyler.com cannot and does not guarantee or warrant that files
available for downloading through the Site will be free of infection or viruses,
worms, Trojan horses or other code that manifest contaminating or destructive
properties. You are responsible for implementing sufficient procedures and checkpoints
to satisfy your particular requirements for accuracy of data input and output,
and for maintaining a means external to the Site for the reconstruction of any
lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET.
NET TYLER.COM PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT
MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER
(INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH
REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH
THE SERVICE OR ON THE INTERNET GENERALLY, AND NET TYLER.COM SHALL NOT BE LIABLE
FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION.
IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND
USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION
PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. NET TYLER.COM DOES
NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS
IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF
WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOU ACCESS SUCH MATERIALS
AT YOUR RISK. NET TYLER.COM HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY
WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL NET TYLER.COM BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL,
OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING
OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS
PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH
INFORMATION OR SERVICE. EVEN IF NET TYLER.COM OR ITS AUTHORIZED REPRESENTATIVES
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE
TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS
OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, NET TYLER.COM'S LIABILITY
IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Net Tyler.com makes no representations whatsoever about any other web site which
you may access through this one or which may link to this Site. When you access
a non-Net Tyler.com Web site, please understand that it is independent from Net Tyler.com,
and that Net Tyler.com has no control over the content on that Web site.
In addition, a link to a Net Tyler.com. Web site does not mean that Net Tyler.com
endorses or accepts any responsibility for the content, or the use, of such
Web site.
Indemnification
You agree to indemnify, defend and hold Net Tyler.com, its officers, directors,
employees, agents, licensors, suppliers and any third party information providers
to the Service from and against all losses, expenses, damages and costs, including
reasonable attorneys' fees, resulting from any violation of this Agreement (including
negligent or wrongful conduct) by you or any other person accessing the Service.
Third Party Rights
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification)
are for the benefit of Net Tyler.com and its officers, directors, employees,
agents, licensors, suppliers, and any third party information providers to the
Service. Each of these individuals or entities shall have the right to assert
and enforce those provisions directly against you on its own behalf.
Term; Termination
This Agreement may be terminated by either party without notice at any time
for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea
Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights)
and 6 (Miscellaneous) shall survive any termination of this Agreement.
Miscellaneous
This Agreement shall all be governed and construed in accordance with the laws
of the State of Texas applicable to agreements made and to be performed in Texas.
You agree that any legal action or proceeding between Net Tyler.com and you for
any purpose concerning this Agreement or the parties' obligations hereunder
shall be brought exclusively in a federal or state court of competent jurisdiction
sitting in Texas. Any cause of action or claim you may have with respect to
the Service must be commenced within one (1) year after the claim or cause of
action arises or such claim or cause of action is barred. Net Tyler.com's failure
to insist upon or enforce strict performance of any provision of this Agreement
shall not be construed as a waiver of any provision or right. Neither the course
of conduct between the parties nor trade practice shall act to modify any provision
of this Agreement. Net Tyler.com may assign its rights and duties under this
Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved