TERMS AND CONDITIONS OF USE
Does TexasFishingLicense.org disclose the information it collects to outside parties?
We share your personal information with third parties only in ways that are described in this privacy statement.
We may provide your personal information as required by law, such as to comply with a subpoena, or similar legal process, when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.
We have crafted a strong, zero-tolerance anti-spam policy to protect you. If you feel you have been sent spam, please email us at info@TexasFishingLicense.org">info@TexasFishingLicense.org and we'll immediately take steps to solve the problem. We hold the privacy of all users in the highest regard, as well as the recipients of emails sent by our advertisers.
By using the TexasFishingLicense.org ("TexasFishingLicense.org") website (the "Site"), you agree to follow and be bound by these terms and conditions of use (the "Terms and Conditions") and agree to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations. In these Terms and Conditions, the words "you" and "your" refer to each customer or Site visitor, "we", "us", and "our" refer to TexasFishingLicense.org and "Services" refers to all services provided by us.
It is your responsibility to review these Terms and Conditions periodically. If at any time you find these Terms and Conditions unacceptable or if you do not agree to these Terms and Conditions, please do not use this Site. We may revise these Terms and Conditions at any time without notice to you. If you have any questions about these Terms and Conditions, please contact info@TexasFishingLicense.org.
1. Ownership. All right, title and interest in and to the materials provided on this Site, including but not limited to information, documents, logos, graphics, sounds and images (the "Materials") are owned either by TexasFishingLicense.org or by our respective third party authors, developers or vendors ("Third Party Providers"). Except as otherwise expressly provided by TexasFishingLicense.org, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site shall be construed to confer any license under any of TexasFishingLicense.org's intellectual property rights, whether by estoppel, implication or otherwise. Any rights not expressly granted herein are reserved by TexasFishingLicense.org.
2. Links to Third Party Sites. This Site may contain links to Web sites controlled by parties other than TexasFishingLicense.org (each a "Third Party Site"). TexasFishingLicense.org works with a number of partners and affiliates whose sites are linked with TexasFishingLicense.org. TexasFishingLicense.org is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any Web site accessed from a Third Party Site or any changes or updates to such sites.
TexasFishingLicense.org makes no guarantees about the content or quality of the products or services provided by such sites. TexasFishingLicense.org is not responsible for webcasting or any other form of transmission received from any Third Party Site. TexasFishingLicense.org is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by TexasFishingLicense.org of the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that TexasFishingLicense.org is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
3. To the extent the Services on our Site are subject to 18 U.S.C. 2721-2725, et seq., ("Driver Privacy Protection Act") or subject to any State specific Statute(s), your submission of "personal information" or your submission of "highly restricted personal information" to and obtained by TexasFishingLicense.org in connection with the Services (as these terms are defined in the Driver Privacy Protection Act) shall be permitted based on your express consent which by the use of our Site and Service is hereby deemed given by you to Us.
TexasFishingLicense.org and its Services are not substitutes for the federal or local governmental motor vehicle bureaus or other agencies. TexasFishingLicense.org is in no way or fashion affiliated with any federal or local governmental agency or offices. TexasFishingLicense.org is in no way or fashion an agent of any federal of local governmental agency and TexasFishingLicense.org does not provide its Services on behalf of any governmental body or office.
TexasFishingLicense.org strives to keep its information accurate, current and up-to-date. However, because the law changes rapidly, TexasFishingLicense.org cannot guarantee that all of the information on the Site is completely current, correct or up-to-date. The motor vehicle laws and automobile title laws may be different from jurisdiction to jurisdiction, and may be subject to interpretation by different courts. The drivers license laws are a personal matter, and no general information like the kind TexasFishingLicense.org provides can fit every circumstance. Furthermore, the information contained on the Site is not legal advice and is not guaranteed to be correct, complete or up-to-date. Therefore, if you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by our tools, you should consult your federal or local motor vehicle bureau and/or governmental office. TexasFishingLicense.org is not a law firm, and the employees of TexasFishingLicense.org are not acting as your attorney and TexasFishingLicense.org is not permitted to engage in the practice of law.
You agree and acknowledge that by using the word "official" on the TexasFishingLicense.org site that TexasFishingLicense.org is not claiming any authority to act on behalf of, nor that we are endorsed, sponsored or sanctioned by, any local or federal governmental agency.
4. NO WARRANTY. THE SITE AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, TexasFishingLicense.org EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TexasFishingLicense.org MAKES NO WARRANTY THAT: (A) THE SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR ANY MATERIALS OFFERED THROUGH THE SITE, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.
OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. TexasFishingLicense.org SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
5. LIMITATION OF LIABILITY. IN NO EVENT SHALL TexasFishingLicense.org, OUR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY LOSS, INJURY, CLAIM, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR MATERIALS AVAILABLE FROM THIS SITE, EVEN IF TexasFishingLicense.org HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
6. Indemnification. You agree to defend, indemnify and hold harmless TexasFishingLicense.org, our officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Site.
7. Unsolicited Submissions. Except as may be required in connection with your use of TexasFishingLicense.org Services, TexasFishingLicense.org does not want you to submit confidential or proprietary information to us through this Site. All comments, feedback, information or material submitted to TexasFishingLicense.org through or in association with this Site shall be considered non-confidential and TexasFishingLicense.org's property. By providing such submissions to TexasFishingLicense.org you hereby assign to TexasFishingLicense.org, at no charge, all worldwide right, title and interest in and to the submissions and any intellectual property rights associated therewith. TexasFishingLicense.org shall be free to use and/or disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.
8. Compliance with Intellectual Property Laws. When accessing TexasFishingLicense.org or using TexasFishingLicense.org's preparation and submission Service, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party's copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using our Site. When accessing the Site or using TexasFishingLicense.org's Services, you agree not to upload, download, display, perform, transmit or otherwise distribute any content that: (i) is libelous, defamatory, obscene, pornographic, abusive or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. TexasFishingLicense.org reserves the right to terminate or delete such material from its servers. TexasFishingLicense.org will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms and Conditions or of any applicable laws.
9. Governing Law; Venue; Dispute Resolution. By using this Site, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the State of Texas , excluding its choice of law rules. Any legal action or proceeding relating to your access to or use of the Site or Materials shall be instituted in a state or federal court in Texas , and in the County of Miami-Dade. You and TexasFishingLicense.org agree exclusively and irrevocably to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. Notwithstanding any other provision of this agreement, TexasFishingLicense.org is not your agent, partner or joint venturer in any respect. TexasFishingLicense.org is not your attorney or financial advisor and assumes no fiduciary obligation to you.
DISPUTE RESOLUTION BY BINDING ARBITRATION:
Please read this carefully. It affects your rights.
Summary: In the unlikely event that TexasFishingLicense.org's customer service department is unable to resolve a complaint you may have to your satisfaction (or if TexasFishingLicense.org has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. For any non-frivolous claim that does not exceed $75,000, TexasFishingLicense.org will pay all costs of the arbitration. Moreover, in arbitration you are entitled to recover attorneys' fees from TexasFishingLicense.org to at least the same extent as you would be in court. In addition, under certain circumstances (as explained below), TexasFishingLicense.org will pay you more than the amount of the arbitrator's award and will pay your attorney (if any) twice his or her reasonable attorneys' fees if the arbitrator awards you an amount that is greater than what TexasFishingLicense.org has offered you to settle the dispute.
(1) TexasFishingLicense.org and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
- claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
- claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising);
- claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
- claims that may arise after the termination of this Agreement.
References to "TexasFishingLicense.org," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of Services under this or prior Agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Agreement, you and TexasFishingLicense.org are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.
(2) A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to TexasFishingLicense.org should be addressed to: TexasFishingLicense.org 382 NE 191st St #76385 (Miami, Texas 33179-3899). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If TexasFishingLicense.org and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or TexasFishingLicense.org may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by TexasFishingLicense.org or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or TexasFishingLicense.org is entitled.
(3) After TexasFishingLicense.org receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than $75,000. (The filing fee currently is $125 for claims under $10,000 but is subject to change by the arbitration provider. If you are unable to pay this fee, TexasFishingLicense.org will pay it directly upon receiving a written request at the Notice Address.) The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide. Unless TexasFishingLicense.org and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as otherwise provided for herein, TexasFishingLicense.org will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse TexasFishingLicense.org for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules.
(4) If, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of TexasFishingLicense.org's last written settlement offer made before an arbitrator was selected, then TexasFishingLicense.org will:
- pay you the amount of the award or $10,000 ("the alternative payment"), whichever is greater; and
- pay your attorney, if any, twice the amount of attorneys' fees, and reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration ("the attorney premium").
If TexasFishingLicense.org did not make a written offer to settle the dispute before an arbitrator was selected, you and your attorney will be entitled to receive the alternative payment and the attorney premium, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney premium at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
(5) The right to attorneys' fees and expenses discussed in paragraph (4) above supplements any right to attorneys' fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under the applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorneys' fees or costs. Although under some laws TexasFishingLicense.org may have a right to an award of attorneys' fees and expenses if it prevails in an arbitration, TexasFishingLicense.org agrees that it will not seek such an award.
(6) The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND TexasFishingLicense.org AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and TexasFishingLicense.org agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
(7) Notwithstanding any provision in this Agreement to the contrary, we agree that if TexasFishingLicense.org makes any future change to this arbitration provision (other than a change to the Notice Address) during your use of the Site, you may reject any such change by sending us written notice within 30 days of the change to the Arbitration Notice Address provided above. By rejecting any such change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.
10. Acknowledgement. BY USING TexasFishingLicense.org'S SERVICES OR ACCESSING THE TexasFishingLicense.org SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS AND AGREE TO BE BOUND BY THEM. YOU AGREE THAT BY USING THE SITE AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.