1. Introduction

These are the terms of use (“Terms of Use”) for your use of services or features on the sites owned and controlled by Texco, Inc. (“Texco”), including www.texcoinc.com (the “Site”). We may add additional websites from time to time as we expand our offerings and these Terms of Use will govern those new websites when added. You may be accessing our Site from a computer or mobile phone device and these Terms of Use govern your use of the Site and your conduct, regardless of the means of access.

If you register for an account, your name and certain information is made available on our public directory viewable by other users of the Site. You have the option to hide your information by electing to do so in your account profile page.  If so elected, your profile and associated information will not be visible to other user of the Site.

The Site allows you to post comments. These Terms of Use govern your participation on the Site including, without limitation, the posting of content such as comments.

BY USING THE SITE, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS OF USE, AND ANY OTHER GUIDELINES OR RULES POSTED ON THE SITE OR HEREIN. IF YOU DO NOT AGREE WITH ANY OF THESE, YOU SHOULD NOT USE THE SITE.

The Site may contain links or direct you to third party sites (“Third Party Sites”). Texco does not control those Third Party Sites, and these Terms of Use do not apply to such Third Party Sites or any companies that Texco does not own or control, or to the actions of people that Texco does not employ or manage. You should always check the terms of use posted on Third Party Sites prior to using such Third Party Sites.

Texco reserves the right to change or modify any of the terms and conditions contained in the Terms of Use, from time to time at any time, without notice, and in its sole discretion. If Texco decides to change these Terms of Use, Texco will post a new version on the Site and update the date set forth above. Any changes or modifications to these Terms of Use will be effective upon posting of the revisions. YOUR CONTINUED USE OF THE SITE FOLLOWING POSTING OF ANY CHANGES OR MODIFICATIONS CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS AND IF YOU DO NOT AGREE WITH THESE CHANGES OR MODIFICATIONS, YOU MUST IMMEDIATELY CEASE USING THE SITE. For this reason, you should frequently review these Terms of Use, our Guidelines and Rules and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Site.

  1. Copyright

All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, and all software on the Site is Copyright (c) 2018 Texco, Inc., ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement and assembly) of all content on the Site is the exclusive property of Texco and protected by U.S. and international copyright laws. All software used on the Site is the property of Texco or its software suppliers and is protected by U.S. and international copyright laws. Textile and similar designs or patterns displayed on the Site are either owned or licensed by Texco and is protected by U.S. and international copyright laws.  Permission is granted to electronically copy and to print in hard copy portions of the Site for the sole purpose of placing an order with Texco, or using the Site as a shopping resource. Any other use of materials on the Site – including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance – without the prior written permission of Texco is strictly prohibited.

  1. Trademarks

Texco.com and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Texco and may not be used in connection with any product or service that is not offered by Texco in any manner that is likely to cause confusion among customers. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

  1. Product Information

The products displayed on the Site can be ordered and delivered only within the U.S. and certain select countries. Texco does not guarantee the immediate availability of all products displayed on the Site.

The products available on the Site, including any samples Texco may provide to you, are for your use only. You may not sell or resell any products you purchase or otherwise receive from Texco. Texco reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms of Use, as determined by Texco in its sole discretion.

  1. Color Information

While Texco has tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.

  1. Responsibility for your Content

You are solely responsible for all content that you upload, post, email or otherwise transmit via or to the Site, including the submission of all data, profile information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, forum postings, comments, questions, answers or other materials (collectively, “Content”). We will not accept Content from you unless you are a registered user of the Site.

  1. Your Use of Content on the Site and Limitation of Liability

Texco provides the Site and all applications and services on the Site as an informational and purchasing resource only. Texco is not liable for any statements, representations, or Content provided by its users in any public forum on the Site or any Third Party Site. Any Content, if displayed, is displayed for entertainment and informational purposes only. More generally, Content posted via or on the Site or any Third Party Site is not controlled by Texco. Texco cannot guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site, you may be exposed to Content that may be offensive, indecent or objectionable and Texco shall not be liable for any such Content and that the risk of harm or damage from the foregoing rests entirely with you. Under no circumstances will Texco be liable in any way for any Content, including, but not limited to, for (i) any errors or omissions in any Content; or (ii) any loss or damage (including, without limitation, personal injury or property damage) of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via or to the Site.

You may access the Content and any other content on the Site only as permitted under these Terms of Use and you agree to not engage in the use, copying or distribution of any of the Content other than as expressly provided herein.

You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use of any Content or enforce limitations on use of the Site or the Content therein. You may not interfere with or disrupt the Site, or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site, including by using any device, software or routine to bypass robot exclusion headers. Texco reserves all rights not expressly granted in and to the Content and all rights in and to the Site and all elements thereof, including but not limited to, those elements protected by copyright listed in Paragraph 2 above.

  1. Your Content Submissions

By submitting Content to Texco and participating on the Site, you represent and warrant that:

  1. You understand you are participating in a public forum and that your Content and other personal information will be available to all other users of the Site and potentially Third Party Sites;
  2. You are the sole author and owner of the intellectual property and other rights thereto (or have the necessary licenses, rights, consents and permissions to use and provide a non-exclusive license to Texco to use all intellectual property and other rights thereto to enable inclusion and use of the Content in the manner contemplated by the Site and these Terms of Use);
  3. You understand that your Content may be utilized and distributed by Texco in its marketing materials, including but not limited to, Texco.com, Texco emails, social channels, and store materials;
  4. You shall comply with the Federal Trade Commission’s Guides on the Use of Endorsements and Testimonials in Advertising. Without limiting the generality of the foregoing, this means that if you received compensation in any form (including free product) or any other incentive (such as an entry in a sweepstakes or contest or a coupon) in exchange for posting content on Texco’s sites or channels (including but not limited to product reviews, Q&A, photographs, and social channels), then you must disclose this in your posting. All disclosures must be made clearly and conspicuously;
  5. All “moral rights” that you may have in such Content have been voluntarily waived by you and you do not require that any personally identifying information be used in connection with the Content that you submit, or any derivative works of or upgrades or updates thereto;
  6. All Content that you post is accurate;
  7. You are at least 13 years old and, if you are a minor, that you have obtained the consent of your parent or legal guardian to use the Site and their agreement to these Terms of Use; and
  8. That use of the Content you supply does not violate these Terms of Use and will not cause injury to any person or entity.

    You also represent and warrant that any Content you submit:

 

  1. Is not false, inaccurate or misleading;
  2. Does not harm minors;
  3. Does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity;
  4. Does not violate any obligations you may have with respect to such Content under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  5. Does not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
  6. Is not, or would not reasonably be considered to be, unlawful, harmful, defamatory, trolling, bullying, libelous, vulgar, obscene, invasive of another’s privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual, partnership or corporation;
  7. Is not submitted for compensation or other consideration from any third party;
  8. Is relevant to the product being rated and reviewed or about which a question or answer is submitted;
  9. Does not include any information that references other websites, addresses, email addresses, contact information or phone numbers;
  10. Complies in all respects with these Terms of Use, our Privacy Policy and all Guidelines and Rules;
  11. Is not a form of phishing and does not contain unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  12. Does not contain any computer viruses, worms or other potentially damaging computer programs or files; and
  13. Does not impersonate any person or entity, including, without limitation, any Texco official, forum leader, guide or host, or falsely states or otherwise misrepresents your affiliation with a person or entity.

You may not use the Site to collect or store personal information about other users.

Texco does not endorse any Content or any opinion, recommendation or advice expressed therein, and Texco disclaims all liability with respect to the Content posted by third parties.

If your Content includes ideas, suggestions, documents or proposals to Texco, (a) such Content is not confidential or proprietary and Texco has no obligation of confidentiality, express or implied, with respect thereto; (b) Texco may have something similar to that Content already under consideration or development; and (c) you are not entitled to compensation, payment or reimbursement of any kind for such Content from Texco under any circumstances unless you are otherwise notified by Texco in writing.

For any Content that you submit, you grant Texco a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, sublicenseable and transferable right and license to use, reproduce, communicate, distribute, share, copy, modify, delete in its entirety, edit, adapt, publish, translate, publicly display, publicly perform, use, create derivative works from and/or sell and/or distribute such Content and/or incorporate such Content into any form, medium or technology whether now or hereafter known throughout the world without compensation to you. This license will survive the termination of these Terms of Use and your use of the Site.

  1. Third Party Content and Third Party Sites

Texco may provide content of third parties (“Third Party Content”) or links to Third Party Sites as a service to those interested in this information. Texco does not monitor, approve or have any control over any Third Party Content or the Third Party Sites and the inclusion of links to Third Party Content or Third Party Sites does not imply any association or relationship between Texco and such third party. Texco does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content or any Third Party Site. Texco is not responsible for updating or reviewing Third Party Content or Third Party Sites. You use Third Party Content and Third Party Sites at your own risk. Third Party Content, including comments from third party users submitted to Texco through the Site, do not necessarily reflect the views of Texco.

  1. Mobile Services

If you access the Site via your mobile phone (through an iPhone application, for example), we do not currently charge for this access. Please be aware that if you access the Site via your mobile phone or provide a mobile phone number to us in order to be contacted by voice or text message, your carrier’s normal rates and fees, such as text messaging fees or data charges, will still apply.

  1. Modification of Content

All Content that you submit is not confidential and may be used at Texco’s sole discretion. Texco may or may not pre-screen Content. However, Texco and its designees will have the right (but not the obligation) in their sole discretion to pre-screen, change, condense or delete any Content on the Site. In particular, Texco and its designees will have the right to remove any Content that Texco deems, in its sole discretion, to violate the Guidelines, or any other provision of these Terms of Use. Texco does not guarantee that you will have any recourse through Texco to edit or delete any Content you have submitted. Texco reserves the right to incorporate any Content you have submitted into any account you may have, now or in the future, as a registered user of the Site. Ratings, written comments, questions and answers are generally posted within two to four business days. However, Texco reserves the right to remove or to refuse to post any submission for violation of any relevant terms or guidelines. You acknowledge that you, not Texco, are responsible for the contents of any Content you submit. None of the Content that you submit shall be subject to any obligation of confidence on the part of Texco, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees.

  1. Reservation of Rights

Texco reserves the right, at any time, without notice and in its sole discretion, to terminate your license to use the Site and to block or prevent your future access to and use of the Site. Texco may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce these Terms of Use, (iii) respond to claims that any Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of Texco (and its employees), its users and the public.

  1. Disclaimer of Warranties

TEXCO IS PROVIDING THE SITE AND ITS CONTENTS ON AN “AS-IS” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, TEXCO DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, TEXCO DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT. Please note that some jurisdictions may not allow the exclusion of implied warranties and conditions, so some of the above exclusions may not apply to you but shall apply to the maximum extent permitted by applicable laws. Price and availability information is subject to change without notice.

  1. Disclaimer of Liabilities

TEXCO WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.

  1. Indemnification

You agree to defend, indemnify and hold harmless Texco (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages including reasonable legal fees, arising out of (a) your misuse of the Site; (b) your violation of any term of these Terms of Use; (c) a breach of your representations and warranties set forth above regarding Content; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any Content you submitted caused damage to a third party. This indemnification obligation will survive the termination of these Terms of Use and your misuse of the Site.

  1. DMCA

If you believe your work or content has been copied and posted to the Site in a way that constitutes copyright infringement, please provide Texco’s designated copyright agent the following written information in accordance with the Digital Millennium Copyright Act (the “DMCA”):

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
    • A description of the copyrighted work that you claim has been infringed upon;
    • A description of where the material that you claim is infringing is located on the Site;
    • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
    • Your name, address, telephone number and email address (if available); and
    • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

Texco’s DMCA designated copyright agent for notice of claims of copyright infringement on the Site is our General Counsel, Scott Burroughs, who can be reached as follows:

Doniger Burroughs
Attn:  Scott A. Burroughs, Esq.
603 Rose Avenue
Venice, CA 90291
E-mail: scott@donigerlawfirm.com
(310) 590-1820

  1. Privacy

By submitting your email address in connection with your account, you agree that Texco and its third-party service providers may use your email address to contact you about your Texco account or Content you have submitted to the Site or for other administrative purposes and for any other purpose permitted or required by law.

  1. Waiver

No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Texco’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

  1. Dispute Resolution

If a dispute should arise between you and Texco, we want to provide you with a resolution that is efficient and cost effective by using our customer service team. Almost all customer service disputes can be resolved to the customer’s satisfaction by using our customer service, reachable by calling 213-222-2220 or by sending an email to shalom@texcoinc.com and info@texcoinc.com.

If your dispute cannot be resolved using our customer service team, these Terms describe how we shall proceed with the resolution of the dispute.

TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND TEXCO AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

  1. Agreement to Arbitrate Disputes

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:

WE BOTH AGREE TO ARBITRATE: You and Texco agree to resolve any claims relating to these Terms through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate Texco’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances Texco may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.

ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures. If there is a conflict between JAMS Rules and the rules set forth in this Agreement to Arbitrate, the rules set forth in this Agreement to Arbitrate will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or Texco must do the following things:

(1) Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.

(2) Send three copies of the Demand for Arbitration, plus the appropriate filing fee to your local JAMS office or to JAMS, 555 West Fifth Street, 32nd Floor, Gas Company Tower, Los Angeles, CA 90013.

(3) Send one copy of the Demand for Arbitration to the other party.

Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, except that for claims of less than $1,000, you will be obligated to pay $25 and Texco will pay all other administrative costs and fees. In addition, for claims of less than $1,000, Texco will reimburse you for the $25 fee if the arbitrator rules in your favor. Arbitration under this agreement shall be held in Los Angeles County, California, or any other location we mutually agree to, subject to California law. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and Texco, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Texco.

NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Texco in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND TEXCO WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.

OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by emailing Texco at arbitrationoptout@Texco.com and providing the requested information as follows: (1) Your Name; (2) the URL of Terms of Use and Agreement to Arbitrate Disputes; (3) Your Address; (4) Your Phone Number; (5) and clear statement that you wish to opt out of this arbitration provision in the Terms of Use. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms of Use by using the website.

  1. Choice of Law/Forum Selection

These Terms shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law rules. For any action where the Arbitration Agreement permits the parties to litigate in court, you further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in Los Angeles County, California.

  1. Severability

The provisions of these Terms of Use are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by Texco, or alternatively, by disposition of an arbitrator or a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Terms of Use without affecting the validity, legality or enforceability of any of the remaining provisions.

 

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