Terms and Conditions
Conditions to Use our Website
Your permission to use the Websites is conditioned upon your agreement that you:
you are 18 years of age or older;
will not copy or distribute any part of the Websites in any manner without our prior written consent; and
will not use the Websites for any commercial purposes other than the specific commercial activities contained on the Websites and will not use them to obtain data or personal information about any other users or to solicit other users or advertisers.
By using the Websites, you agree not to:
conduct or promote any illegal activities;
attempt to reverse engineer or interfere in any way with the functioning of the Websites or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure);
attempt to gain access to secured portions of the Websites;
use the Websites to generate unsolicited email advertisements or spam;
use any automatic or manual process to search or harvest information from the Websites;
use the Websites to transmit any protected or private information of third-parties;
interfere in any way with the proper functioning of the Websites;
impersonate another Website or Portal user; or
allow another individual or entity to access the Websites utilizing your Portal credentials (e.g., your Portal username/password).
By using the Websites, you agree to:
Register your Portal account with information that, to the best of your knowledge, is both complete and correct, and you will notify the Remote Applications Department by email at RemoteApps@Texas811.org if you are unable to correct any information related to your Portal account that you know is no longer correct;
Register your Portal account with a personal, rather than generic, email address and first and last names. In other words, while firstname.lastname@example.org, registered by Frank Smith meets with this Terms of Service Agreement, email@example.com registered by Dallas Fence, does not;
Provide correct and up-to-date contact information when submitting a new locate request or when updating locate requests through the Portal;
Be solely responsible for any activity conducted on the Websites that conducted through your Portal credentials;
Promptly notify the Remote Applications Department if you, or one of your employees or agents who is listed on your Portal account, no longer works for the company, entity, or excavator indicated on your Portal account;
Affirmatively represent and agree that all work site information you provide while utilizing the Websites must be correct and complete;
Affirmatively represent and agree that any geographic areas you denote on the maps found on the Portal, while utilizing the “Suggested Boundary” or “Mark Area” tools found on the Portal, must reflect the entire geographic area where any excavation related to your locate request will take place;
Affirmatively acknowledge and agree that any locate requests submitted through your use of the Websites that do not meet Texas811’s procedural or quality standards are subject to cancellation by Texas811, who may then request that you re-submit a corrected locate request;
Affirmatively acknowledge and agree that a violation of any of the provisions of this Terms of Service may be grounds for Texas811’s unilateral decision to require coaching, re-training, and/or temporary or permanent disabling of Your Website account.
Links to Other Sites & Third-Party Content
We may have links to third-party websites that are not owned, controlled, or operated by us on the Website. We do not assume any responsibility for the content, privacy policies, or practices of any other websites or their owners. We are not endorsing or recommending any other websites, products, or services by the inclusion of a link to another website nor are we guarantying or assuming any responsibility for the accuracy of the information provided by any third-party websites or content.
Additionally, the Portal may contain embedded mapping and geographic information within it that is provided, all or in part, by third-party services, entities, or websites. We make no representations nor do we assume any responsibility regarding the content, policies, or accuracy of any third-party information or data that may be embedded in the Portal in this manner. This includes, but is not limited to, any and all mapping, location, or geographic data from any third-party service, entity, or website.
No Liability for Acts of Advertisers
You waive and release us, our officers, directors, representatives, employees and agents and all of our parent companies, affiliates, related companies and their officers, directors, representatives, employees and agents from, any claims, liabilities, damages, or injury arising from or related to any act or omission of any of the advertisers and/or any goods and/or services provided in connection therewith.
Likewise, we make no representations, endorsements, warranties regarding the merchantability, suitability, reputation, professionalism or any other warranties of any kind whatsoever regarding any advertiser or advertisement on the Websites.
Promotions, Sweepstakes, and other Contests
We reserve the right to, on occasion, offer special promotions, contests and/or sweepstakes intended to provide you an incentive to use or promote the Websites or engage with advertisers or others associated with the Websites. The applicable rules will be posted on the Websites in or near the description of each such promotion. We reserve the right to interpret the rules related to any such promotion, contest or sweepstakes in our sole discretion, and you hereby agree to our interpretation.
We reserve the right to alter or discontinue the Websites or any of the services provided herein at any time without prior notice. We also reserve the right to terminate this Agreement at our election and for any reason, without prior notice. This Agreement will automatically terminate if, in our sole discretion, you violate any of the terms and conditions set forth herein. A termination will result in the immediate cessation of access to the Websites. The Disclaimers of Warranty and Limitation of Liability, Indemnity and all terms and conditions related to your Content shall survive the termination of this Agreement.
Disclaimers of Warranty and Limitations of Liability
We provide the Websites and the related services "as is", “where is”, and "as available." We make no express or implied warranties or guarantees about the Websites, your use of the Websites, any of the goods and services described thereon, or any advertisers on the Websites. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR OFFICERS, DIRECTORS, AGENTS, VENDORS, AND THE MERCHANTS WHO ADVERTISE WITH US DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES RELATED TO THE WEBSITE, YOUR USE OF THE WEBSITES, OR THAT THE WEBSITES AND SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY OR FIT FOR A PARTICULAR PURPOSE OR NEED. WE IN NO WAY GUARANTEE THAT WE WILL MEET YOUR REQUIREMENTS OR THAT THE WEBSITES IS ERROR-FREE, ACCURATE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE MAKE NO GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITES AT TIMES OR LOCATIONS OF YOUR CHOOSING.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE OR CLAIM WITH US IS TO CEASE USE OF THE WEBSITES. WE, OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS WHO ADVERTISE HERE, SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE WEBSITES IN ANY WAY. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, DAMAGE TO ANY OTHER EQUIPMENT, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTION, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS WHO ADVERTISE HERE, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to defend, indemnify, and hold harmless us, our officers, directors, representatives, employees and agents and all of our parent companies, affiliates, related companies and their officers, directors, representatives, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney's fees) arising from: (i) your violation of any term of these Terms of Service; or (ii) your violation of any third party right, including without limitation any copyright, property, privacy right, or any and all intangible or intellectual property rights.
We, or people from whom we obtained a license, retain ownership of all intellectual property rights of any kind associated with the Websites, including all applicable trademarks, copyrights, and other proprietary rights such as trade secrets. Through the use of the Websites pursuant to this Agreement, you have a limited right to use the Websites, but in no way are we granting any license to you under any of those intellectual property rights. We reserve all rights that are not expressly granted to you in this Agreement. You may print limited numbers of one or more pages from the Websites for your personal use.
We retain, to the maximum extent possible, all ownership, without limitation, of all the text, software, scripts, graphics, photos, sounds, interactive features and the trademarks, service marks and logos contained therein ("Marks") unless they are marks used by Merchants who have provided them to us for use on the Websites. The Marks are owned or licensed to us, subject to copyright and other intellectual property rights under the law of the United States of America, the law of the jurisdiction where you reside, and international conventions. All content on the Website provided by us is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Websites.
Modifications to the Agreement
Choice of Law and Dispute Resolution
To the maximum extent authorized by law, the laws of the State of Texas govern the interpretation of this Agreement and any disputes arising in connection with it, regardless of conflict of laws principles. Any claim or dispute between you and us, our officers, directors, agents, parent companies and vendors that arises out of or relates to this Agreement or use of the Websites shall be decided exclusively by a court of competent jurisdiction located in the Dallas, Dallas County, Texas.
The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect. There are no third-party beneficiaries of this Agreement. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be invalid. No one shall be deemed a third-party beneficiary to this Agreement.