Last Updated: July 25, 2024
PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY. THESE TERMS ARE PROVIDED TO YOU BY CORSCALE, LLCAND ITS AFFILIATES (COLLECTIVELY, “CORSCALE”) AND GOVERN YOUR USE OF ANY PART OF THE WEBSITE, DIGITAL SERVICE OR OTHER SYSTEM OR SITE ON WHICH THESE TERMS ARE POSTED, INCLUDING ANY FUNCTIONALITY, CONTENT AND SERVICE INCLUDED THEREIN AND MADE AVAILABLE TO YOU BY CORSCALE (COLLECTIVELY, THE “SITE”). THESE TERMS SHALL APPLY AND BECOME BINDING ON THE FIRST DATE THAT YOU ACCEPT THESE TERMS.
BY ACCESSING OR USING THE SITE OR BY OTHERWISE ACCEPTING THESE TERMS, YOU ARE AGREEING TO BE BOUND BY THESE TERMS AND THAT THESE TERMS GOVERN YOUR USE OF THE SITE. IF YOU DO NOT ACCEPT THESE TERMS, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE SITE.
1. Changes to Terms
Corscale may make changes to these Terms from time to time in its sole discretion. Any changes to these Terms will be posted on the Site and we will indicate the date the Terms were last updated at the top of the updated version of these Terms. You understand and agree that your continued use of the Site after we have made any such changes constitutes your acceptance of the new Terms. It is your responsibility to review the Terms posted to the Site from time to time to see if they have been updated.
2. Links to Third Party Sites
The Site may contain links to websites owned or operated by third parties or otherwise contain content provided by third parties (“Third Party Materials”). Such Third Party Materials are provided solely as a convenience to you, and Corscale is not responsible for, does not endorse, and makes no representation regarding any Third Party Materials. If you decide to visit any third party site linked to this Site, you do so at your own risk. We encourage you to review the privacy policy and terms of use for such third party sites.
3. Termination by Corscale; Surviving Terms
Corscale reserves the right, in its sole discretion, to limit or terminate or suspend your access to or use of the Site, in whole or in part, at any time without notice. Termination of such access or use will not waive or affect any other right or relief to which Corscale may be entitled at law or in equity.
Upon any such termination or suspension, your right to use the Site will immediately cease and you must discontinue use of the Site. The following Sections will survive any termination or expiration of these Terms: Sections: 1, 2, 4 – 12.
4. Site Content
All content on the Site, including but not limited to text, graphics, images, software, features, tools, code, information and other content (collectively, the “Content”), is the property of Corscale and its licensors and is protected under United States and foreign copyright laws and other laws. In connection with your use of the Site, Corscale grants you a limited, non-transferable, non-sublicensable, non-exclusive, revocable license to access, view, use, print and download a single copy of the Content for your personal use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears in the Content. Corscale may revoke this license at any time for any or no reason. Other than as expressly allowed in these Terms, any other use of the Site or Content is expressly prohibited. You may not sell or modify Content or reproduce, display, distribute or otherwise use Content in any way for any public or commercial purpose without Corscale’s prior written consent. Use of Content on any online or digital platform or in a networked environment other than as expressly authorized herein is prohibited. Unauthorized use of Content may be in violation of copyright, trademark and other laws.
The Content we choose to make available on the Site from time to time may be used solely for personal, noncommercial purposes in compliance with all laws and regulations that apply to you.
Without limitation of the foregoing, the Site may contain certain content from third parties Content may be subject to its own additional license terms and policies. You should refer to the terms and policies posted on third party websites prior to using any such site. Corscale does not endorse, oppose or edit any opinion, claim, or analysis expressed by any third party. YOU AGREE THAT CORSCALE IS NOT RESPONSIBLE FOR THE SUBSTANCE OR ACCESSIBILITY OF ANY THIRD PARTY CONTENT ACCESSIBLE THROUGH THE SITE AND UNDERSTAND THAT YOU BEAR ALL RISKS ASSOCIATED WITH YOUR ACCESS TO AND/OR USE OF SUCH CONTENT.
5. Use of the Site
We expect you to use the Site responsibly and to respect the rights of others. You agree that when using the Site, you will not:
- access data not intended for you or log onto a server that you are not authorized to use;
- circumvent or modify, attempt to or assist another in circumventing or modifying any security technology or software that is part of the Site;
- interfere with service to any other user, or the software, networks or systems that we use to bring the Site to you, such as by submitting a virus or overloading, “flooding,” “spamming,” “mailbombing” or “crashing” the Site;
- modify, alter or prepare other works based on the Site’s Content, or distribute copies of or publicly perform or display such Content, such as by posting the Content on any network computer or distributing the Content on or in any media, including any effort to decompile, reverse engineer or otherwise attempt to derive source code, underlying ideas, algorithms, structure or organization of the Site;
- use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation any type of spider, web crawler or robot) to navigate, search, and/or extract information from the Site other than the search tools available on the Site and other generally available third-party web browsers (e.g., Netscape Navigator, Microsoft Explorer);
- transmit or disseminate any kind of material that contains malware, viruses, bots, worms or any other computer code, files or programs that interrupt, destroy or limit the functionality or operation of the Site; or
- use the Site in a manner that is inconsistent with any and all applicable laws and regulations.
Any violation of these Terms or unauthorized use of any information or materials displayed on or available from the Site may violate copyright laws, trademark laws, laws of privacy and publicity and other laws and regulations and may result in, among other things, termination of your access to the Site by Corscale in its sole discretion.
6. Trademarks
The names, marks and logos appearing in the Site’s Content are, unless otherwise noted, trademarks owned by or licensed to Corscale. The use of these marks, except as provided in these Terms, is prohibited. From time to time, Corscale makes fair use in the Content of trademarks owned and used by third parties. Corscale makes no claim to ownership of those marks.
You may not use Corscale’s trade name, trademarks, service marks or other intellectual property assets or its branded products and services for promotional, advertising or any other commercial purpose, unless and only to the extent Corscale specifically agrees to such use in writing.
7. WARRANTY DISCLAIMER
Although Corscale strives for accuracy in all elements of the Site, it may contain inaccuracies or typographical errors. Additionally, Corscale is not responsible for the violation of these Terms by users. Corscale makes no representations about the accuracy, reliability, completeness or timeliness of online material or about the results to be obtained from using the Site. You access and use the Site and any of its Content is at your own risk.
CORSCALE DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE, CONTENT OR ANY COMPUTER SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL MATERIAL. IF YOUR USE OF THE SITE RESULTS IN ANY COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, CORSCALE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS OR EXPENSES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, AND CORSCALE DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. CORSCALE MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SOFTWARE, TEXT, GRAPHICS OR LINKS.
8. LIMITATION OF LIABILITY
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL CORSCALE BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION, RESULTING FROM YOUR USE OR INABILITY TO USE ANY PART OF THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CORSCALE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL CORSCALE’S AGGREGATE LIABILITY TO YOU, DIRECT OR OTHERWISE, EXCEED FIFTY DOLLARS ($50).
THE LAWS OF CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSIONS AND LIMITATIONS OF DAMAGES IN THIS SECTION, IN WHICH CASE CORSCALE’S LIABILITY FOR DAMAGES IN CONNECTION WITH THESE TERMS IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE LAWS OF SUCH JURISDICTION.
9. Indemnification
By using the Site, you agree to defend, indemnify and hold harmless Corscale, its affiliates and their respective officers, directors, employees, contractors and agents, from and against any and all losses, actions, claims, damages, fines, costs and expenses (including reasonable legal and accounting fees) arising from or related to your use of the Site, including the Content, or your breach of these Terms. Corscale reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.
10. Governing Law
These Terms are governed by the substantive laws of the State of Texas, without regard to its conflict of laws principles.
11. General
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any provision in these Terms shall be a further or continuing waiver of such provision or any other provision in these Terms. The section names in the Terms are for convenience only and have no legal or contractual effect. You may not assign these Terms, or any of your rights or obligations hereunder, without the prior written consent of Corscale. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms at any time without your prior consent. Except as expressly provided elsewhere in the Site, these Terms and any other terms and conditions expressly incorporated by reference into these Terms by Corscale constitute the entire agreement between you and Corscale with respect to your use of the Site.
12. Contact Information
We welcome you to contact us with any questions, comments or concerns about Corscale’s Site.
Mail: Corscale, LLC, 1980 Post Oak Blvd., Suite 1900, Houston, Texas 77056
Telephone: (713) 212-2222