ACCEPTANCE OF TERMS AND CONDITIONS.
The following terms and conditions (these “Terms of Use”) govern your access to and use of Walshtx.com (the “Website”), including any content, functionality and services offered on or through such Website. Please read these Terms of Use carefully before you start to use the Website. Your right to use and access the Website is also governed by the Privacy Policy, governing the collection and use of your personal information, and the Legal Disclaimers, disclaiming any warranties about its content, available through separate links on the prior page.
By using the Website, you accept and agree to be bound and abide by these Terms of Use, and agree with the Privacy Policy and Legal Disclaimers (collectively, the “Disclosures”). If you do not agree with any of the terms in the Disclosures, you are not authorized to access the Website and must discontinue your use.
CHANGES TO THE WEBSITE.
We may revise and update these Terms of Use and the other Disclosures from time to time in our sole discretion. All changes are effective immediately when we post them through the respective link. Your continued use of the Website following the posting of any revisions means that you accept and agree to the changes. You are expected to check this page, and the pages to the other Disclosures, each time you access this Website so you are aware of any changes, as they are binding on you.
LIMITED USE.
This Website is provided for your personal and non-commercial use only, and is not intended to be an offer to sell, nor a solicitation of offers for, real estate or other goods or services, nor should it be relied upon for the purchase of any such goods or services. (See Legal Disclosures for additional information)
Without our express written consent, you may not download (other than a cached copy), modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell any information, photographs, depictions, software, or services obtained from any portion of this Website.
NO UNLAWFUL OR PROHIBITED USE.
You may not use this Website for any purpose that is unlawful or prohibited by these Terms and Conditions. You may not use this Website in any manner that could damage, disable, overburden, and impair the Website in any way. You may not attempt to gain unauthorized access to this Website, other user’s accounts, and/or computer systems connected to this Website through hacking or any other means. You may not use any automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website. You may not use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION.
See our Privacy Policy for information relating to the collection and use of your personal information.
INTELLECTUAL PROPERTY RIGHTS.
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its affiliates, its licensors or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
TRADEMARKS.
“Walsh”, and related names, and derivatives thereof, including logos, product and service names, designs and slogans used within and outside the project are registered trademarks with the U.S. Patent and Trademark Office, and are owned by Walsh Ranches, Limited Partners, the Company, or their affiliates or licensors. You may not use such marks without the prior written permission of the Company and/or the respective owner thereof. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners. The posting of any name, logo or image on this Website shall in no means be interpreted to be a waiver of any intellectual property protection or as a license for use by any user of this site.
LINKS/Third-Party Posts.
This Website may contain links to other sites on the World Wide Web, and content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. We provide these links and posts to you only as a convenience, and the inclusion of any link does not imply endorsement of any other site or any association with its operators, nor do they necessarily express the opinion of the Company. You acknowledge and agree that this Website is not responsible for the availability of such external sites or resources, nor responsible or liable for any content, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
RELIANCE ON INFORMATION POSTED.
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. To the maximum extent permitted by law, we disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. (see- Legal Disclaimers)
CHANGES TO THE WEBSITE.
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
DISCLAIMER OF WARRANTIES.
(See- Legal Disclaimers).
LIMITATION OF LIABILITY.
We will not be liable for any damages of any kind arising from the use of this Website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. If you are dissatisfied with any portion of this Website or with any of these Terms of Use or the Disclosures, your sole and exclusive remedy is to discontinue using the Website.
IN NO EVENT WILL THE COMPANY, WALSH RANCHES LIMITED PARTNERSHIP, REPUBLIC PROPERTY GROUP, LTD., THEIR AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS (THE “INDEMNITEES”) BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION ON TIME TO FILE CLAIMS.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE DISCLOSURES, OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
INDEMNIFICATION.
You agree to defend, indemnify and hold harmless the Indemnitees, their successors and assigns, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use, the Disclosures, or your use of the Website, including, but not limited to, any use of the Website’s content or services other than as expressly authorized in the Disclosures.
GOVERNING LAW AND JURISDICTION.
All matters relating to the Website, these Terms of Use or Disclosures, including any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas, U.S.A., without giving effect to any choice or conflict of law, provision or rule (whether of the State of Texas or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, the Disclosures or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas in each case located in the City of Dallas and County of Dallas, although we retain the right to bring any suit, action or proceeding against you for breach of the Disclaimers Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
WAIVER AND SEVERABILITY.
No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use and Disclosures shall not constitute a waiver of such right or provision.
If any provision of the Disclosures is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Disclosures will continue in full force and effect.
ENTIRE AGREEMENT.
These Terms of Use, Legal Disclaimers and our Privacy Policy constitute the sole and entire agreement between you and the Indemnified Parties with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.
