These Terms of Service define the terms by which you may use the www.TexasBusinessIncentives.com website and public records database contained therein (the "Website") and our related services (the "Services", and are an agreement between you and Government Insight Services, Inc., a Texas corporation with a principal business address of 3515 B Longmire Dr, PMB 340, College Station, TX 77845 (the "Company") (the Company, Website, and Services are collectively referenced as "we" or "us"). By using this Website and our Services, you expressly acknowledge that you have read, accept, and agree to be bound by these Terms of Service, as well as any applicable laws hereunder. You should not use this Website and/or the Services, if you do not agree to these Terms of Service.
This Agreement applies to all visitors, registered users, and subscribers who access our Website and Services.
Our Website is comprised of a searchable database of business incentive agreements and related public records between government entities and private and public companies.
You do not have to register in order to visit our Website. In order to view a full document in our database and access other features of our Services, however, you will need to register, create an account, and become a subscriber.
When you register, you will be asked to provide your first and last name, name of business, and email address. You will also be asked to create a password for your account. You should not disclose your password to any third party. You are solely responsible for keeping your password confidential and for the activity that occurs on your account. We will never ask you to send your password or other sensitive information to us in an email or to enter it via any website other than one with the URL of www.TexasBusinessIncentives.com. If you suspect any unauthorized use of your account or access to your password, please change your password immediately and contact us. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. You are solely liable for any loss or damage arising from your failure to comply with this Section 2.
When you sign up for a subscription with us, we ask for you to provide a credit card number, as well as your expiration date and three digit security code. Credit card information will be transferred through our gateway to the payment processor (Authorize.net). We do not collect and store credit card information on our Website, host servers, or website databases.
All information provided by you when you register and subscribe to our Website must be truthful and complete. We may suspend or cancel your registration without notice if we have any reason to believe that this is not the case. In addition, we may suspend or cancel your registration with us at any time without prior warning if you fail to comply with these Terms of Service, without limiting any other remedies to which we may be entitled. In addition, if we determine that you have committed fraud or engaged in any other illegal activity, we may report you to the appropriate law enforcement authorities.
Only adults, who are at least eighteen (18) years of age, are eligible to register and use our Website and Services. In addition, you must be fully competent to enter into and to comply with the terms, conditions, obligations, representations, and warranties set forth in these Terms of Services. By registering and using our Website and Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Service and can abide by all of the terms and conditions set forth therein.
(a) Access. We grant access to use our Website and Services on a per user basis, so each individual user or computer workstation is required to maintain an individual subscription.
(b) Scope of Subscription. Upon purchasing a subscription, we will grant to you for your personal use only a non-transferable, non-exclusive license to (a) access, use, and display the database comprising our Website on a single computer workstation, and (b) download and print individual records from our database.
(c) Restrictions. You may not share, rent, resell, lease, sublicense, or otherwise permit any third party to access, use, display, download, or print records from the database comprising our Website. You are also expressly prohibited from compiling or creating derivative works of the database comprising our Website, including but not limited to creating another database or any compilation of any portion of the public records comprising our database.
(d) Annual Subscription. We make available our subscriptions at a flat rate subscription price of $495 per year. We accept all major credit cards for payment. No refunds will be made following the expiration of the 30 day unconditional, money-back guarantee period. In the event of any chargeback following your purchase, you agree that we may submit the amount of your unpaid subscription fee to our collections agency for credit reporting and that you will be solely responsible for all collection costs, including reasonable attorneys' fees.
(e) Money-Back Guarantee. We offer a 30 day money-back guarantee, in which you may request a refund on your subscription for any reason during the 30 day period.
(f) Renewals. Upon the expiration of the subscription period, your access to the database will immediately be disabled unless (a) when you signed up for your initial subscription, you elected for the subscription to automatically renew, in which case your credit card will automatically be charged the renewal subscription fee at the then-current rate, or (b) you pay a new annual subscription fee at the then-current rate.
(g) Cancellation. You may cancel your subscription at any time without notice by making a request through technical support (email@example.com). We also reserve the right to cancel your subscription at any time in the event that you materially breach any term or condition of our Terms of Service. All cancellations will be effective immediately and will immediately suspend your ability to access, use, and display public records in the database comprising the Website.
(h) Remedies. You may cancel your subscription at any time without notice by making a request through technical support (firstname.lastname@example.org). We also reserve the right to cancel your subscription at any time in the event that you materially breach any term or condition of our Terms of Service. All cancellations will be effective immediately and will immediately suspend your ability to access, use, and display public records in the database comprising the Website.
(i) Warranty. We warrant and represent that our subscribers' use and access to our Website and Services will be continuous, uninterrupted, bug-free, error-free, virus-free, free of defects, and free of technical problems.
(ii) Remedies. Upon any receipt of any notice from a subscriber that such subscriber is unable to use or access the Website and Services due to a bug, error, virus, defect, or technical problem on our Website, our entire liability and subscriber's sole and exclusive remedy shall be to provide a pro-rata refund of the unused portion of the subscription; provided that, however, this remedy shall only be available in cases where subscriber's inability to use or access the Website and Services continues for more than 30 days.
The Site provides a 30-day money back guarantee for new premium membership registrations in the event the user is unsatisfied with the service. If unsatisfied, contact email@example.com to inform us of the issues you are experiencing and to request a refund.
Our Website and Services should only be used for lawful purposes. We specifically prohibit any other use of the Website and Services, including but not limited to the following:
(a) Impersonation; Misrepresentation: Posting or submitting to the Website and Services any information in which you impersonate or claim to be any third party, or in which you misrepresent your affiliation with another person or entity;
(b) Providing Unauthorized Access to the Website and Services: Disclosing or sharing your password with any third party or allowing such third party access to the password-protected features of the Website and Services;
(c) Illegal Activity: Using the Website or Services for any illegal purpose;
(d) Tampering with the Website or Services: Taking any action that disrupts, tampers with, interferes, or imposes an unreasonable burden on the Website's infrastructure, servers, data, or network or those of any third party via our Services;
(e) Using Unauthorized Search Tools: Using or attempting to use any engine, software tool, agent, or other device or mechanism on the Website or Services (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search other than generally available third party browsers (including but not limited to Internet Explorer, Firefox, and Safari);
(f) Uploading Viruses: Uploading any content that contains software viruses or any computer code, files, or programs designed to interrupt, destroy, or limit functionality of the Website or Services, or of any computer software, hardware, or telecommunications equipment;
(g) Infringing Intellectual Property: Deciphering, decompiling, disassembling, copying, duplicating, aggregating, or reverse engineering any of the software, content, information, or other materials comprising or in any way making up part of the Website or Services;
h) Mining Data: Using any means of automatically searching or mining data from the Website or Services, or in any way attempting to interfere with the proper working of the Website or Services; or
(i) Scraping or Accessing through Automated Means: Attempting to scrape or access the Website through automated means. We reserve the right (but do not have the obligation) to suspend or cancel the account of any user who does not appropriately use the Website or Services. If you become aware of any inappropriate use, please notify us at our email address at firstname.lastname@example.org.
We own and will retain all right, title, and interest in the marks, logos, code, arrangement of the public records in our database, copyrightable content and other materials posted or incorporated into our database and Website and made available through our Services (collectively "Intellectual Property"). Except as otherwise expressly stated herein, you may only display and view the Intellectual Property in conjunction with your access rights to our Website and Services. You may not reproduce, display, copy, republish, upload, post, transmit, publicly perform or display, distribute, create derivative works of, misappropriate, or otherwise use for any purpose any portion of our Website, the Services, our landing pages, our social media pages, or our feeds without our express written consent appropriate. Using the Intellectual Property on any other Website or Services for any commercial purpose is expressly prohibited.
We respect the intellectual property and privacy rights of others.
If you ever have a possible copyright infringement or privacy concern regarding any public records in our database, you may request a copy of the record for review. If, following your review, you remain concerned about our inclusion of such record in our database, and believe that its inclusion is infringing your copyright or violating your privacy rights, then you should request that we expunge such record from our database. All such concerns and requests should be addressed to email@example.com, and should explain the reason for your concern.
In the event that you believe at any time that any other intellectual property right has been infringed by the Website, then please notify us immediately at firstname.lastname@example.org, providing the following information:
(a) Identification of the Intellectual Property. The name of the owner of the intellectual property and a signature of the person authorized to act on behalf of the intellectual property interest, which is alleged to be infringed;
(b) Description of Infringed Right. A description of the intellectual property right that you claim has been infringed;
(c) Location of Infringing Item. A description of where the allegedly infringing item is located on the Website;
(d) Contact Information. Your address, telephone number, and email address; and
(e) Statement under Penalty of Perjury. A statement by you confirming that you are the intellectual property owner or are authorized to act on the intellectual property owner's behalf, made under penalty of perjury.
Certain jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, thus the above limitations may not apply to you.
We have implemented commercially reasonable security measures such as 128 bit encryption to protect your personal information; however, we cannot provide any guarantees that unauthorized third parties will never be able to defeat those measures or use your personal or business information for improper purposes. You acknowledge and agree that any personal information that you provide to our Website is provided at your own risk.
our use of this Website shall be at your sole risk. You solely assume all risks of deciding to use our Website. We expressly disclaim any and all warranties regarding the accuracy, reliability, or quality of any public record uploaded to our database. You acknowledge and agree that no content on our Website or in our database should be construed as legal advice or a professional legal opinion on any specific facts or circumstances. We also expressly disclaim any and all liability for any business or legal decisions made in any way in reliance on this Website or any public record or content contained therein.
TO THE EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
You agree that Company will not be liable to you for any indirect, consequential, special, punitive, or exemplary damages, arising out of or in connection with the use of this Website or Services, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of such damages). Our liability to you shall in no event exceed the total amount of subscription fees that you paid to us pursuant to these Terms of Service. Some jurisdictions do not allow the limitation of liability, so these limitations may not apply to you.
To the maximum extent permitted by applicable law, you hereby release and waive Company, our officers, employees, independent contractors, representatives, and agents from any and all liability for claims, damages (actual and or consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature arising from or in any way related to your use of and access to this Website or our Services. If applicable, you waive your rights under California Civil Code Section 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true, and accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights which you may have had under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
By using our Website and Services, you agree to indemnify, defend, and hold harmless Company, as well as our directors, officers, employees, independent contractors, representatives, agents, subscribers, other users, and visitors against any third party claim arising from or in any way related to your use and access to the Website and Services, including but not limited to any liability or expense arising from any and all claims, demands, losses, damages, costs, expenses, suits, judgments, litigation costs, or attorneys fees.
We are pleased to hear from you and welcome your feedback about the Website and our Services. If you provide any feedback to us, you agree that all such feedback will not be subject to any obligation of confidence by us, and that we will not be liable for any use or disclosure of the feedback. Also, you agree that we may use any such feedback to make improvements to our Website and Services at our sole discretion without any obligation to you.
In the event that you submit any ideas to us about the Website or our Services, you grant to us an exclusive, perpetual, royalty-free, transferable, worldwide license with the right to grant sublicenses to use, display, copy, publish, republish and to incorporate your idea into our Intellectual Property.
You are solely responsible for complying with all applicable state and federal laws, regulations, and guidelines, which govern your use of any public record that you access through this Website. You warrant and represent that your use of the public records accessed through this Website will fully comply with all applicable state and federal laws, regulations, and guidelines.
We reserve the right to discontinue this Website and our Services at any time in our sole and absolute discretion. You agree that we may assign these Terms of Service without prior notice to a successor entity in the event of a merger, acquisition, or sale of all or part of our business. No waiver of any breach of the Terms of Service, no matter how long continuing or how often repeated will be deemed a waiver of any subsequent breach, nor shall any delay or omission to exercise any right, power, or privilege hereunder be deemed a waiver of such right, power, or privilege. If any section of these Terms of Service is held to be unenforceable or in conflict with the law of any jurisdiction, the validity of the remaining paragraphs shall not be affected by such holding. The meaning of that section shall be construed to the extent feasible to render the section enforceable and to give effect to the Parties' intentions as reflected in the section. If no feasible interpretation would save such section, it is to be severed from the remainder of these Terms of Service, which are to remain in full force and effect. The Terms of Service constitute the entire agreement with you and us with respect to the subject matter set forth herein. The section headings and subheadings contained in these Terms of Service are included for convenience only and shall not limit or otherwise affect these Terms of Service.
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflicts of law principles. All disputes arising under this Agreement shall be submitted to binding arbitration in Travis County, Texas under the Commercial Rules of the American Arbitration Association by one arbitrator mutually agreed upon by you and us in accordance with the aforementioned Rules. The costs of arbitration, including administrative and arbitrators' fees, shall be shared equally by each of us. The arbitration award shall be final and each of us shall comply in good faith to the entry of the arbitrator's award in any court having jurisdiction. If judicial enforcement or review is sought, then the prevailing party shall be entitled to costs and reasonable attorney's fees. All claims you bring against us must be resolved in accordance with this Section. All claims filed or brought against us contrary to the terms of this Section shall be considered improperly filed. Should you file a claim contrary to this Section, you agree that we may recover attorneys' fees and costs for the improperly filed claim, provided that we have notified you in writing of the issue and you have failed to properly withdraw the claim.
In the event that you have any questions about these Terms of Service, or that you need further assistance with respect to the access or use of the Website or Services, please notify us at the contact information listed below:
Attn.: Government Insight Services, Inc.
3515 B Longmire Dr, PMB 340, College Station, TX 77845
These Terms of Service were last modified on the 01 of October, 2015.