Effective Date: October 30, 2017
Previous Version: None
By using our site, you agree to be legally bound by these Terms of Service (the “Terms”). These Terms constitute a legally binding contract between you and Lone Star PACE (Hereinafter referred to as “LSP,” “We,” “Us,” “Our”).
Scope of the Terms
These Terms shall govern your usage of the LSP site, including our, APIs, email notifications, application, buttons, widgets, ads, commerce services, and any information, text, links, graphics, photos, videos, or other materials or arrangements of materials uploaded to, downloaded from or appearing on the Services (collectively referred to as “Content”).
What this means: The following Terms outline what you can and cannot do when using our website and applying to Lone Star PACE.
Using Our Website
We are committed to promoting a safe environment for interested individuals to apply to Lone Star PACE.
By using our site, you hereby agree to each of the following
a.You will not collect applicants’ content or information, or otherwise access Lone Star PACE application, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior express written permission.
- You will not engage in any unlawful activity on this website.
- You will not upload viruses or other malicious code or knowingly post links containing viruses or other malicious code to this website.
- You will not solicit application information or access an account belonging to someone else.
- You will not use a false or misleading identity when applying to Lone Star PACE.
- You will not misrepresent the nature of your business or your projects when applying to Lone Star PACE.
- You will not apply or attempt to apply on behalf of another individual or business without the express consent to do so from the individual or business on behalf of whom you are executing the application prior to executing the application.
- You will not disclose information in your application that you do not have the right to disclose.
- You will not facilitate or encourage any violations of this Statement.
What this means: You won’t use our website to gather our applicants’ information or engage in illegal activities, and you will respect the property of others when applying to Lone Star PACE.
We do our best to keep your personal information secure, but we need your help.
You will keep your Lone Star PACE application information private.
We reserve the right to make changes to these Terms from time to time without prior notice to you.
Your continued use of this website constitutes your acceptance of our amended Terms or policies.
What this means: We can change these Terms when we want.
Our Administrative Access
You expressly agree and consent that Lone Star PACE shall have full and unconditional administrative access to and may take any and all administrative action on your Lone Star PACE application
What this means: You allow our administrators to access your application.
You agree that we may provide notices to you in the following ways; (1) a banner on this website, or (2) an email sent to an address you provided in your application, or (3) through other means including mobile number, telephone, or mail.
What this means: We will send you any important notices in an easy to recognize form through our website, by email, telephone, or mail.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. LSP IS NOT RESPONSIBLE FOR ANY THIRD-PARTY CONTENT THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE USE OF THE SERVICE OR FOR ANY DAMAGE OR LOSS OF DATA THAT MAY RESULT OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES OR ANY CONTENT; THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE SERVICES OR ANY CONTENT THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY APPLICATION OR SERVICE THAT PROVIDES ACCESS TO OUR SERVICE (E.G., ANY THIRD-PARTY APPLICATION DEVELOPED USING LSP’S API).
THE SITE IS CONTROLLED, OPERATED AND HOSTED FROM WITHIN THE UNITED STATES. WE MAKE NO REPRESENTATIONS THAT THE SERVICE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SERVICE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE UNITED STATES AND LOCAL LAWS AND REGULATIONS, INCLUDING BUT NOT LIMITED TO EXPORT AND IMPORT REGULATIONS.
What this means: We don’t guarantee your ability to use this website and when you do use this website, we are not responsible for any damage, deletion or loss of data, or anything else that could possibly go wrong with your computer and information stored on it. Additionally, we aren’t responsible for any laws that are violated by you by accessing this website, and we don’t guarantee that this website will be available at any time.
Limitations on Liability
TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS LSP HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT SUPERSEDES THIS AGREEMENT), LSP (AND THOSE THAT LSP WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWNTIME OR LOSS, USE OR CHANGES TO YOUR INFORMATION OR CONTENT).
BY USING THE SERVICES, YOU AGREE AND CONSENT TO LSP’S LIMITED LIABILITY AND AGREE THAT SUCH TERMS AS DESCRIBED IN THIS SECTION (“LIMITATIONS ON LIABILITY”) ARE BOTH FAIR AND EQUITABLE.
What this means: Our liability is limited to the maximum extent that the law allows in any and every instance that the law allows.
You agree and consent that prior to filing any claim against Lone Star LSP relating to or arising out of these Terms you will first contact us at firstname.lastname@example.org to provide us with an effort to resolve any issue in an informal manner.
You agree that your informal notice of any dispute sent to email@example.com will not be complete unless and until it includes each of the following:
- Your full name and the claimant’s full name (if you are not the claimant);
- Relationship to claimant (e.g., legal representative, guardian);
- Your mailing address and the claimant’s mailing address (if you are not the claimant);
- Your telephone number and the claimant’s telephone number (if you are not the claimant);
- Your email address and the claimant’s email address (if you are not the claimant);
- Detailed description of your claim:
- Include any relevant links to Users or content on the service if relevant; and
- Date on which the events giving rise to your claim occurred (tell us when the incident happened).
What this means: Before taking your claim to arbitration, you will first contact us and we will see if we can work out a resolution privately.
You expressly agree and consent, without any express or implied limitations, to the personal jurisdiction of the State of Texas.
What this means: Courts in the State of Texas will be able to exercise their powers over you during the pendency of any action you bring against Lone Star LSP in court.
If any dispute is not resolved to the satisfaction of both you and Lone Star PACE within 45 days of submission, then either party may bring a formal claim, which claim shall be resolved through final and binding arbitration administered by the American Arbitration Association (“AAA”).
Arbitration Procedures and Fees
The AAA will administer arbitration proceedings under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes.
Arbitration will be held in the City of Frisco, in the County of Collin in the State of Texas, in the United States, or in any other location we may agree to.
The AAA rules will govern payment of all arbitration fees.
Lone Star PACE reserves the right to seek attorneys’ fees and costs in arbitration if the arbitrator determines that your claim is frivolous.
What this means: Before bringing your claim to a court, we will try to resolve your dispute through binding arbitration. Additionally, you are required come to Frisco, TX to engage Lone Star PACE in an arbitration proceeding.
No Class Actions
All claims must be brought on an individual basis and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding.
Class arbitrations, class actions, private Attorney General actions, and consolidation with other arbitrations are not allowed.
What this means: You cannot file or me a member of any class action against Lone Star LSP.
These Terms shall be governed by the laws of the State of Texas, without regard to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.
What this means: The laws of the State of Texas will be applied as necessary by the arbitrator and, as necessary, by the court.
By using the Services, you expressly consent and agree and irrevocably consent to the exclusive jurisdiction and venue of any competent State or Federal court located within the City of Frisco in the County of Collin, Texas.
What this means: You are required to come to Frisco, TX for any action you bring against Lone Star LSP.
Time Limitation on Claims
Any and all claims against Lone Star LSP shall be brought no later than one year (365 days) after any incident giving rise to an alleged cause of action.
What this means: If you believe you have a claim, you must contact us at firstname.lastname@example.org within 365 days or your claim will no longer be valid.
These Terms constitute the entire agreement between you and Lone Star PACE concerning the Service.
These Terms replace any prior or contemporaneous agreements, terms or conditions applicable to your use of this website.
What this means: These Terms (on this webpage) are what you should be referring to as the current version that you are agreeing to. Printouts, archived copies you may have saved on your computer, and quoted sections of our terms on other websites are not sufficient.
If a provision of these Terms is found to be unenforceable, the remaining provisions of these Terms shall remain in full force and effect and an enforceable term shall be substituted reflecting as closely as possible our original intent.
What this means: If the court feels that a part of these Terms cannot be used, the court will remove that term and add another term so that the Terms can be interpreted in a way that we originally intended.
Our failure to enforce any provision of these Terms shall not be deemed a waiver of its right to enforce these Terms on a later date.
If you have any questions about these terms, please contact email@example.com.
What this means: We don’t need to enforce our rights to retain them. So, if you do something on this website and we don’t exercise any of the provisions in these Terms, don’t think there’s nothing we can do—we can.