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TERMS OF USE AGREEMENT
You are now entering the limited access, Daniel Goad Consulting Customer Portal portion (the "Customer Portal") of the web site of Daniel Goad Consulting. Your access to, and use of, the Customer Portal means that you agree with the following Terms of Use Agreement (the "Agreement"). PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE CUSTOMER PORTAL. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF USE SET FORTH IN THIS AGREEMENT, PLEASE DO NOT USE THE CUSTOMER PORTAL. The Customer Portal is offered to you conditioned upon your acceptance without modification of the terms, conditions and notices contained herein. By accessing, browsing and/or using the Customer Portal, you acknowledge that you have read, understood and agreed to be bound by these terms, conditions and notices, and agreed to comply with all applicable laws and regulations. The material provided on the Customer Portal is protected by law, including, but not limited to, United States copyright law and international treaties. This site is controlled and operated by Daniel Goad Consulting from its office in Irving, Texas. Daniel Goad Consulting intends that the Customer Portal is to be made available and used only by its members, certain utility customers and others specifically authorized by Daniel Goad Consulting. Daniel Goad Consulting makes no representations that the materials in the Customer Portal are appropriate or available for use by others, and access to them from territories where their contents are illegal is prohibited. Any and all rights not expressly granted herein are reserved by Daniel Goad Consulting. A particular portion or portions of the Customer Portal may also be subject to additional terms outlined elsewhere in this Agreement. Your use of those areas constitutes your acceptance of those additional terms, conditions and notices. In the event that any of the terms, conditions and notices contained herein conflict with the additional terms or conditions for any portion of the Customer Portal, then the additional terms and conditions of the specific area shall govern and control. NO UNLAWFUL OR PROHIBITED USAGE You agree that you will not use the Customer Portal in whole or in part, for any purpose that is unlawful or prohibited by this Agreement or applicable law or, without Daniel Goad Consulting’s express written permission, for any purpose other than the commercial sharing of data and information regarding products and services created or maintained by Daniel Goad Consulting. You also agree that you will not use the Customer Portal in any manner which could damage, disable, overburden, or impair the Customer Portal or any network connected thereto or interfere with any other party’s use and enjoyment of the Customer Portal. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for you through the Customer Portal. You may not attempt to gain unauthorized access to any portion of the Customer Portal, other accounts, computer systems or networks connected to the Customer Portal. REVISIONS Daniel Goad Consulting may at any time, and from time to time, revise the provisions of this Agreement by updating this posting. By accessing, browsing and/or using the Customer Portal, you agree to be bound by any such revisions without prior notice and should therefore periodically visit and review these terms to determine the then current terms of use to which you are bound. You may not change these terms by any letter, electronic mail or otherwise. REGISTRATION AND SECURITY Access to the Customer Portal is limited to those users approved by Daniel Goad Consulting and clients of Daniel Goad Consulting. You will be notified if your access and use of the Customer Portal is approved and you will be provided with a project code. In consideration of your use of the Customer Portal, you agree to providing us with true, accurate, current and complete information about yourself and your business/organization as promptly as required by the Daniel Goad Consulting registration forms and process, and maintain and promptly update the registration information to keep it true, accurate, current and complete. You are entirely responsible for maintaining the confidentiality of your project code and the content of the information you obtain from the Customer Portal. You are also solely responsible for any and all activities that occur in connection with the use of your account. You shall notify Daniel Goad Consulting immediately of any unauthorized use of your account or other breach of this Agreement. Daniel Goad Consulting will not be liable or responsible for any loss or damage you may incur as a result of someone else using your password, user ID or account, either with or without your knowledge or consent. On the other hand, you could be held liable for losses incurred by Daniel Goad Consulting or another party due to someone else using your password, user ID or account information. Daniel Goad Consulting will use its good faith efforts to take commercially reasonable steps to maintain the security of the Customer Portal and the information and data contained thereon. PRIVACY The material, information or ideas transmitted or posted on the Customer Portal by any means may be subject to applicable public records laws. Data and information contained on the Customer Portal will be handled consistent with Daniel Goad Consulting’ privacy practices, subject always to applicable law. Daniel Goad Consulting requires each user of the Customer Portal to comply with certain privacy and security procedures. These are utilized in an effort to protect the privacy of the information provided on the Customer Portal and to limit access to data contained therein to only those Daniel Goad Consulting deem appropriate. COPYRIGHTS AND TRADEMARKS The copyright in all material provided on the Customer Portal is held by Daniel Goad Consulting or by the original creator of the material. Permission is granted to display, copy, distribute and download the materials on the Customer Portal for the purpose of reviewing project deliverables, content, print samples, previews, web-previews, applications, or other project data, provided that you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. Additional authorized use includes submitting project requirements, documents, approvals, updates, requests, changes or submission of new data. This permission terminates automatically if you breach any of the terms or conditions of this Agreement. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Daniel Goad Consulting or the copyright owner. Any unauthorized use of any material contained on the Customer Portal may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. All pages and contents of the Customer Portal are: © 2006 Daniel Goad Consulting, Irving, Texas. All rights reserved. All trademarks, logos and/or service marks displayed on the Customer Portal are the property of Daniel Goad Consulting and nothing in this Agreement or contained on the Customer Portal should be construed as granting by implication or otherwise any license or right to use those logos or marks without the express written permission of Daniel Goad Consulting. Any unauthorized use or misuse of these intellectual properties or the contents of the Customer Portal will be subject to all appropriate remedies. Any questions concerning the use of these trademarks or logos may be directed to Daniel Goad Consulting at (214) 952-5621. CLAIMS OF COPYRIGHT INFRINGEMENT If you believe that any information or other material you own has been copied or in any other way constitutes copyright infringement, please provide Daniel Goad Consulting’ Copyright Agent with all relevant information, including, without limitation, the following information: (1) signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the site; (4) your address, telephone number and e-mail address; (5) 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; and (6) 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 authorized to act on the copyright owner’s behalf. Daniel Goad Consulting’ Copyright Agent for notices of claims of copyright infringement on its site is Daniel Goad, who can be reached as follows: By mail: Daniel Goad, Copyright Agent Daniel Goad Consulting 1710 Timbers Drive Irving, TX 75061 By phone: (214) 952-5621 By e-mail: copyright@DanielGoad.com DISCLAIMER Daniel Goad Consulting has compiled information provided by its staff, clients and members for posting on the Customer Portal. Daniel Goad Consulting does not warrant or guarantee the accuracy or completeness of any of the information accessible through the Customer Portal. This data and information is intended to be used for authorized use by Daniel Goad Consulting staff member, clients, and agents authorized to act on their behalf by our clients. Daniel Goad Consulting also cannot guarantee or warrant that the Customer Portal or any files available for downloading will be free from defects, viruses or other harmful components or that the Customer Portal will be uninterrupted or timely. While we will use our good faith efforts to take commercially reasonable steps to insure that no viruses, or other destructive properties are present, the entire risk as to the quality, security, availability and performance of the Customer Portal and the accuracy and completeness of any data or information is with the viewer or user of the Customer Portal. The information, data, services and products included in or available through the Customer Portal may include inaccuracies, conflicts or errors. Changes are periodically made to the Customer Portal and to the information and content thereof. Daniel Goad Consulting and/or its representatives may make improvements and/or changes to the site and services at any time. INFORMATION OR DATA OBTAINED FROM THE CUSTOMER PORTAL SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL, ENGINEERING, INVENTORY OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. THE CUSTOMER PORTAL IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DANIEL GOAD CONSULTING MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, OR WARRANTIES REGARDING THE QUALITY, ACCURACY, AVAILABILITY, SUITABILITY, RELIABILITY, SECURITY, USEFULNESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR COMPLETENESS OF THE CONTENT OR ANY OTHER SERVICE OR PRODUCT ON OR RELATED TO THE CUSTOMER PORTAL, INCLUDING, WITHOUT LIMITATION, ANY LINK TO ANOTHER WEB SITE OR RESOURCE, OR WARRANTIES WITH RESPECT TO THE USE OR AVAILABILITY OF ANY INFORMATION, DATA, ITEM, APPARATUS, METHOD OR PROCESS INCLUDED OR DISCUSSED ON THE CUSTOMER PORTAL OR THAT SUCH WILL MEET YOUR REQUIREMENTS, BE ERROR FREE OR NOT INFRINGE ON THE PRIVACY RIGHTS OF OTHERS, THAT THE SYSTEM IS ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. LIMITATION OF LIABILITY YOU SPECIFICALLY AGREE THAT DANIEL GOAD CONSULTING WILL NOT BE RESPONSIBLE FOR THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR USE OF YOUR ACCOUNT. YOU SPECIFICALLY AGREE THAT DANIEL GOAD CONSULTING IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANY OTHER’S RIGHTS INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS. IN NO EVENT WILL DANIEL GOAD CONSULTING ASSUME OR BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, INDIRECT, SPECIAL, EXEMPLARY OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, INCREASE IN BUSINESS EXPENSES, BUSINESS INTERRUPTION, LOSS OF OR RELATED TO PROGRAMS, GOODWILL, DATA OR INFORMATION AND THE LIKE, RESULTING FROM OR ARISING OUT OF (1) THE USE OR THE INABILITY TO USE THE CUSTOMER PORTAL, THE SECURITY OF CUSTOMER PORTAL, OR ANY INFORMATION, DATA, SERVICES OR PRODUCTS PROVIDED ON OR THROUGH THE CUSTOMER PORTAL, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DANIEL GOAD CONSULTING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (2) ERRORS, OMISSIONS, OR OTHER INACCURACIES RELATED TO THE SERVICE, PRODUCTS OR THE INFORMATION, DATA OR CONTENT ACCESSIBLE IN OR THROUGH THE CUSTOMER PORTAL. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE CUSTOMER PORTAL, OR WITH ANY OF THESE TERMS OF USE, YOU SHOULD DISCONTINUE USING THE CUSTOMER PORTAL. ANY LIABILITY OF DANIEL GOAD CONSULTING BASED ON, OR RELATED TO, YOUR USE OF CUSTOMER PORTAL OR THE INFORMATION OR DATA PROVIDED THEREBY OR PRODUCTS DESCRIBED THEREIN, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR USE OF THE SITE DURING THE ONE-YEAR PERIOD IMMEDIATELY PRECEDING THE ALLEGED DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIABILITIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN THOSE JURISDICTIONS DANIEL GOAD CONSULTING’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. INDEMNIFICATION You agree to indemnify, defend and hold harmless, Daniel Goad Consulting from and against any and all liability, loss, claims, clean-up costs and other pollution related items, damages, costs, actions, and expenses, including attorneys’ fees, based upon or arising directly or indirectly out of any (i) breach by you of your obligations under this Agreement or (ii) your use of the Customer Portal or the content thereof. Daniel Goad Consulting reserves the right to defend any such claim, and you agree to provide it with such reasonable cooperation and information as Daniel Goad Consulting may request. Reference to Daniel Goad Consulting in the sections of this Agreement entitled "Disclaimer", "Limitation of Liability" and "Indemnification" shall include Daniel Goad Consulting and it’s respective officers, directors, members, commissioners, alternate commissioners, employees, agents and representatives, other than you, as the user. JURISDICTION This Agreement will be governed, construed and interpreted under the laws of the State of Texas, without regard to its conflicts of laws provisions. Any action brought in connection with this Agreement shall be filed within one (1) year of the date of the alleged injury, regardless of any statute of limitations and filed in the state or federal courts of the State of Texas and you hereby consent to the jurisdiction of those courts. You hereby agree to the exclusive jurisdiction and venue of the courts sitting in Texas and agree that all disputes arising out of or relating to the use of the Customer Portal shall be resolved in those courts. COMMENTS, SUGGESTIONS AND QUESTIONS Any questions or comments about the Customer Portal may be sent to Customer Support@DanielGoad.com. Technical questions regarding your software, your configuration or your connection should be directed to your internet access provider or computer consultant. Daniel Goad Consulting cannot address questions about the content, or services or equipment provided by others, but we welcome your comments, suggestions and questions regarding the Customer Portal. LINKS TO THIRD PARTY SITES The Customer Portal may contain links to third party web sites ("other sites"). The other sites are operated independent of Daniel Goad Consulting, are not under the control of Daniel Goad Consulting and Daniel Goad Consulting is not responsible for the contents of any other site, including, without limitation, any additional link contained in any other sites, or any charges or updates to other sites. If Daniel Goad Consulting provides any such link to other sites, those links would be for your convenience only and the inclusion of any links would not imply endorsement by Daniel Goad Consulting of the other site, or any association with its operators, or the contents of such site. You are responsible for viewing and abiding by the privacy statements and terms of use posted at any other sites. In addition, a link to a non-Daniel Goad Consulting site does not mean that Daniel Goad Consulting endorses or accepts any responsibility for the content, or the use, of such other site. It is up to you to take precautions to insure that whatever you select for your use is free of such items as viruses and other items of a destructive nature. You shall not create links from any web site or web page to any page within the Customer Portal. TERMINATION/ACCESS RESTRICTION Daniel Goad Consulting reserves the right, in its sole discretion, to terminate or suspend your access to any and all of the Customer Portal and the related services or any portion thereof at any time, without notice. You may cancel your registration by notifying Customer Support@DanielGoad.com. Cancellation will take effect no later than five (5) business days after we receive your notification. COOKIES Daniel Goad Consulting uses "cookies" in the Customer Portal to allow higher levels of functionality than would be available without them. If you have told your browser to accept cookies, then it adds the text in a small file. Due to the technology utilized to build the Customer Portal, Daniel Goad Consulting.org cannot operate without cookies and you will be unable to use this site. Please be sure your browser’s security options are set to allow you to accept cookies. GENERAL You agree that no joint venture, partnership, employment or agency relationships exist between you and Daniel Goad Consulting as a result of this Agreement or use of the Customer Portal. Daniel Goad Consulting’ performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Daniel Goad Consulting’ right to comply with governmental, legal, court and law enforcement requests or requirements relating to your use of the Customer Portal, the information contained therein, or information provided to or gathered by Daniel Goad Consulting with respect to such use. If any provision, or portion thereof, of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, such shall not affect the balance of the Agreement which shall continue in full force and effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between you, as the user, and Daniel Goad Consulting with respect to the Customer Portal and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Daniel Goad Consulting with respect to the Customer Portal. The section headings or titles are for convenience only and have no legal or contractual effect. Your use of Customer Portal is a privilege and not a license or other right which extends past the expiration or termination of this Agreement. You may not assign this Agreement.
