Last Updated: February 7, 2017
You expressly acknowledge and agree that, by accessing, browsing, or otherwise using this site, you are subject to the terms and conditions contained herein.
Please, read this agreement carefully. If you have any questions regarding the Policy, please contact us using one of the methods listed in the Further Information section.
Use of the Site
You represent you are at least 18 years old or are visiting this Site under the supervision of a parent or guardian.
Subject to the terms and conditions contained in this Agreement, we grant you a temporary, non-transferable, and non-exclusive license to access and use this Site by displaying it on your internet browser for the purposes of gathering information, scheduling an event, or purchasing products and not for any commercial purpose or use on behalf of a third party (absent express written permission from TexPlex beforehand). Any breach of this Agreement’s terms shall result in the immediate revocation of the license without notice.
Except for the uses permitted above, you may not reproduce, retransmit, distribute, display, sell, lease, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile, or otherwise exploit this Site or any portion of it unless expressly permitted in writing by TexPlex. You may not make any commercial use of anything from the Site or use any content of any kind from the Site to benefit another business unless expressly authorized in writing by TexPlex. If TexPlex believes you are violating any of the terms of the Agreement, TexPlex reserves the right, in its sole discretion, to terminate your access, cancel any orders placed, refuse further services, and terminate your account(s).
You agree that you will not upload, distribute, or otherwise publish content, information, or other material through this Site that: (i) violates or infringes upon any copyright, trademark, patent, service mark, trade secret, or other proprietary rights of any person or entity; (ii) is libelous, threatening, obscene, indecent, pornographic, defamatory, discriminatory, or potentially leading to civil or criminal liability under the laws of the United States, any state of the United States, or International Law; or (iii) contains bugs, viruses, Trojan horses, or other harmful content.
All content provided on or through the Site is intended solely for informational purposes. It is your sole responsibility to consult a licensed physician or another medical professional regarding any advice, diagnosis, and/or treatment of any health related condition. Additionally, it is your sole responsibility to consult a licensed physician or another medical professional regarding any injuries, potential injuries, risks (both general and specific to you for whatever reason) that may occur while participating in any activities provided by TexPlex (or its affiliates) at the TexPlex facility. Any comments, opinions, or other input on this Site is the sole opinion of the person making the statements and may not reflect our views. Additionally, all product representations made on this Site are those of the product vendors and not of TexPlex.
You may be assigned a username and password when creating an account for the Site. Each time you access the Site using the username and password, you are deemed authorized to access and use the Site in a manner consistent with this Agreement, and we have no obligation to investigate the authorization or use of the Site. You are solely responsible for all access and use of the Site using your username and password, whether the use is authorized or not, including any communications, purchases, and any other transactions incurred through such access or use. It is your sole responsibility to ensure the security of your username and password at all times. If your username and/or password are lost, stolen, or otherwise compromised, you will inform us immediately upon discovery of such security breach.
Any use of this Site or e-mail with us electronically means you consent to TexPlex communicating with you electronically, whether by e-mail, chat function, social media, or other means. Further, you agree that all agreements, notices, disclosures, and other communications we provide to you via electronic means satisfy any legal requirements that the communication be in writing.
All graphics, text, icons, images, audio clips, video clips, and software (the “Content”) is the exclusive property of TexPlex, L.L.C. or its affiliates. The collection, arrangement, and assembly of the Content (the “Compilation”) belongs to TexPlex, L.L.C. or its affiliates. All software used on this Site (the “Software”), including software used indirectly in the creation or maintenance of this Site, belongs to TexPlex, L.L.C., its affiliates, or the Software suppliers. The Content, Compilation, and Software are all protected by United States, State, and International copyright, laws. The use of any of our trademarks, service marks, copyrighted materials, trade secrets, confidential information, or other intellectual property, without the express written consent of TexPlex, L.L.C. (and, if applicable, the other owners) is prohibited. Any use by you or your affiliates of any intellectual property belonging to TexPlex or its affiliates in such a way that does or could cause confusion, disparages or discredits, or uses meta tags (without express written approval) is strictly prohibited.
Risk of Loss and Terms of Sales
You assume the risk of loss on any items purchased through the Site (or by telephone, in person, or otherwise) upon TexPlex delivering the item to a parcel carrier. If you return an item, title to the refunded item does not pass to TexPlex until delivery to TexPlex’s place of business. TexPlex reserves, in its sole discretion and without title passing to TexPlex, the right to issue a refund without the return of the item.
Termination and the Effect of Termination
Disclaimer and Limitation of Liability
Except as otherwise provided, all products and services sold on the Site are “as is” without any warranties, representations, or promises of any kind, whether express or implied. WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY AND WARRANTY FOR FITNESS FOR A PARTICULAR PURPOSE TO THE MAXIMUM EXTENT ALLOWED BY LAW. TexPlex does not warrant the accuracy of the information on this site and expressly states that the information may be incorrect due to inaccuracies, typographical errors, or mistakes. We do not warrant that the content of this Site will be uninterrupted, mistake free, or free of bugs, viruses, or other malicious software. While we attempt to be as accurate as possible when providing you information or product descriptions through the Site, we do not guarantee that the information on the Site is accurate, complete, current, reliable, or mistake free. If there is some issue with a product, you agree that your only remedy is a return in compliance with our return policy. If you believe there is some error with any product description or information provided by the Site, please contact us at the e-mail address listed below.
To the maximum extent allowed by law, you agree that TexPlex is not liable for any damages of any kind arising from the use of this Site, including, but not limited to, indirect, consequential, punitive, exemplary, special, or incidental damages arising from tort, contract, breach of warranty, or strict liability, including TexPlex’s sole, concurrent, or contributory negligence or TexPlex’s sole or concurrent strict liability. YOU FURTHER AGREE THAT ANY DAMAGES YOU MAY RECOVER ARE LIMITED TO THE COST OF THE PRODUCT OR SERVICE PURCHASED.
You agree that you must return any tangible products purchased such as t-shirts, clothing, bags, videos, photos, or similar products (“Tangible Products”) within 30 days of delivery with a receipt. Any returns of Tangible Products must be without damage, including having all tags, stickers, and identifying markers still in place, no signs of wear and tear, and, if enclosed in packaging, in the original packaging.
You agree that you must cancel any non-tangible products purchased, such as scheduling events activities at TexPlex or similar products (the “Event Products”), in compliance with the terms outlined for each of the Event Products.
Social Media Usage
In addition to this Site, the Agreement also extends to your use of our social media pages. By accessing and posting to TexPlex’s various social media platforms, you agree to allow us to repost, share, respond, and otherwise use the information posted on both the Site and various TexPlex social media pages. For example, a review placed on one of TexPlex’s social media pages may be shared or linked on TexPlex’s main Site. TexPlex’s ability to use information you share on various social media pages and this Site includes the text of any posts made by you and pictures or video shared.
Additionally, TexPlex reserves the right to remove any posts or comments that are harassing, demeaning, threatening, vulgar, contain inappropriate language, discriminatory, obscene, or otherwise deemed inappropriate.
You agree that any breach or misuse of the Site, both actual and threatened, cannot be adequately remedied by monetary damages. Further, you agree that we are entitled to specific performance, injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with the recovery of our reasonable fees and expenses, including reasonable and necessary attorney’s fees.
You further agree that no remedy we have is exclusive of any others, whether in law or equity, including injunctive relief, damages, expenses, and attorney’s fees.
By using this Site, you agree that, unless expressly stated otherwise, the laws of the State of Texas, without regard to conflict of laws principles, govern this Agreement and any dispute that may arise between you and TexPlex.
Alternative Dispute Resolution
Any dispute or claim arising from or relating to this Agreement, your use of the Site, or any products or services sold or distributed by us on or through the Site will be resolved by binding arbitration (the “Dispute Resolution Process”). You further agree that the Dispute Resolution Process shall take place at the American Arbitration Association offices in Dallas, Texas (unless otherwise agreed by the parties) in compliance with the American Arbitration Association Rules, including all applicable supplementary rules. Further, you agree that the arbitration award is final and binding and you waive any right to appeal.
You further agree that, if necessary to enforce the arbitration award, the prevailing party may seek entry of judgment in any court of competent jurisdiction.
If any of these provisions are determined to be unenforceable, void, or invalid, that provision shall be severed and have no effect on the enforceability and validity of the remaining provisions.
Should you have any questions, comments, or requests for further information, please contact us at via mail at:
881 Miller Road
Midlothian, Texas 76065