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Spring Branch Communications SITE ACCESS AGREEMENT
(Effective date: September 03/2007)
Giron LLC, together with its subsidiaries and affiliates (collectively, "Spring Branch
Communications") provide you access to Spring Branch Communications sites
containing information and data available via your computer and/or a wireless device
("the Sites"). Subject to your compliance with the terms and conditions set forth below,
including all documents, policies and guidelines incorporated herein (the "Agreement").
PLEASE READ THIS AGREEMENT CAREFULLY. By accessing, browsing, or using
any of our Sites, you agree to be bound by the terms and conditions described herein and
all documents, policies and guidelines incorporated by reference. This Agreement does
not alter in any way the terms or conditions of any other written or online agreement you
may have or will have with Spring Branch Communication Wireless. Spring Branch
Communication Wireless reserves the right to change or modify any of the terms and
conditions contained in this Agreement or any policy or guideline referenced herein at
any time and in its sole discretion. If the Agreement is changed, we will post the new
terms on the Sites and change the date accordingly. Any changes or modifications will be
effective upon posting of the new Agreement on the Sites as revised, and your access to
and use of the Sites following the posting of such changes or modifications will constitute
your acceptance of the Agreement as revised.
Related Policies
Privacy Policy. Spring Branch Communication Wireless believes strongly in protecting
user privacy .
Acceptable Use Policy. When using Spring Branch Communications Sites or any Spring
Branch Communications Wireless product or service, your activities must comply with
our acceptable use policy.
Copyright and Authorized Access
All copyrighted and copyrightable materials on these Sites, including, without limitation,
the design, text, graphics, pictures, sound files and other files, and the selection and
arrangement ("Materials") thereof are ALL RIGHTS RESERVED Copyright © 2006
GIRON.LLC and/or its licensors. You are granted a limited, non-sub licensable right to
access the Sites and print the Materials for your personal, non-commercial, and
informational use only. The foregoing license grant does NOT include the right for you
to:
1. publish, publicly perform or display, or distribute to any third party any Materials,
including reproduction on any computer network or broadcast or publications media;
2. market, sell, or make commercial use of the Sites or any Materials;
3. systematically collect and use of any data or content including the use of any data
mining, robots, or similar data gathering and extraction methods;
4. make derivative uses of the Sites or the Materials;
5. Or use, frame, or utilize framing techniques to enclose any portion of the Sites
(including the images found at the Sites or any text or the layout/design of any page or
form contained on a page).
Except for the limited license granted to you, you are not conveyed any other right or
license by implication, or otherwise in or under any patent, trademark, copyright, or
proprietary right of Spring Branch Communication Wireless or any third party. Any
unauthorized use of the Sites will terminate the permission or license granted by this
Agreement and may violate applicable law including copyright laws, trademark laws
(including trade dress), and communications regulations and statutes.
If you use any part of the Sites that requires a username or password, then you are
responsible for maintaining the confidentiality of that username and password and for
restricting access to your computer, and you agree to accept responsibility for all
activities that occur under your account or password. In the event the confidentiality of
your account or password is compromised in any manner, you should notify The Proper
Department or carrier immediately. Spring Branch Communications Wireless reserves
the right to take any and all action, as it deems necessary or reasonable, to ensure the
security of the Sites and your account, including without limitation terminating your
account, changing your password, or requesting additional information to authorize
transactions on your account. Notwithstanding the above, Spring Branch
Communications wireless may rely on the authority of anyone accessing your account or
using your password and in no event and under no circumstances shall Spring Branch
Communication Wireless be held liable to you for any liabilities or damages resulting
from or arising out of (I) any action or inaction of Spring Branch Communications under
this provision, (ii) any compromise of the confidentiality of your account or password
and (iii) any unauthorized access to your account or use of your password. Any
unauthorized use of the Sites will terminate the permission or license granted herein and
may violate applicable law including copyright laws, trademark laws (including trade
dress), and communications regulations and statutes. All violators will be prosecuted to
the fullest extent of the law.
Copyright Complaints
Spring Branch Communications Wireless respects the intellectual property of others. If
you believe that your work has been copied and has been posted, stored or transmitted to
the Sites in a way that constitutes copyright infringement, please provide Spring Branch
Communications Wireless' copyright agent the following written information:
• 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
Sites;
• Your address, telephone number, and e-mail address;
• 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;
• 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 authorized to act on the
copyright owner's behalf.
Spring Branch Communications Wireless' Copyright Agent for notice of claims of
copyright infringement on the Sites can be reached as follows:
Spring Branch Communication Wireless
8700 Long point ste#104
Houston Texas 77055
Tel#713-855-0187
Tel#713-647-0009
Fax#713-365-0801
termsofuse@sbcs.biz
Trademarks and Service Marks
The trademarks and service marks displayed on the Sites are registered and unregistered
trademarks of Spring Branch Communication Wireless and may not be copied, imitated
or used, in whole or in part, with out the prior written permission of Spring Branch
Communication Wireless or, if applicable, its licensor. In addition, Spring Branch
Communication Wireless custom graphics, button icons, scripts, and page headers are
covered by trademark, trade dress, copyright or other proprietary right law, and may not
be copied, imitated, or used, in whole or in part, without the prior written permission of
Spring Branch Communication Wireless. Spring Branch Communications Wireless
trademarks, service marks, and trade dress may not be used in any manner that is likely to
cause confusion among customers or in any manner that disparages or discredits Spring
Branch Communication Wireless. "Spring Branch Communications," the "Graphic Icon"
design and all other Spring Branch Communications marks and logos, and the Spring
Branch Communications products and services described on the Sites, are either
trademarks, service marks, or registered trademarks of Spring Branch Communications of
Giron LLC or its affiliates, and may not be copied, imitated or used, in whole or in part,
without the prior written permission of Spring Branch Communication Wireless
Giron.LLC or its affiliates. All other trademarks, service marks, registered trademarks,
product and service names, and company names or logos that appear on the Sites are the
property of their respective owners, who may or may not be affiliated with, connected to,
or sponsored by Spring Branch Communication Wireless. You may not use any metatags
or any other "hidden text" utilizing a Spring Branch Communication Wireless name,
trademark, or product name without Spring Branch Communication Wireless' express
written consent.
Third-Party Products and Services
Parties other than Spring Branch Communication Wireless offer and provide products
and services on or through the Sites. Except for Spring Branch Communication Wireless-
branded information, products or services that are specifically identified as being
supplied by Cingular Wireless, Spring Branch Communication Wireless does not operate,
control, or endorse any information, products, or services on the Sites or accessible
through the Sites in any way. Except for Spring Branch Communication Wireless-
identified information and Spring Branch Communication Wireless-branded products or
services, all information, products, and services offered through the Sites or Internet
generally are offered by third parties that are not affiliated with Spring Branch
Communication Wireless. Spring Branch Communication Wireless is not responsible for
examining or evaluating, and Spring Branch Communication Wireless, any of these
businesses or individuals or the content of their Web sites. Spring Branch
Communication Wireless does not assume any responsibility or liability for the actions,
product, and content of all these and any other third parties. You should carefully review
their privacy statements and other conditions of use.
Product and Service Descriptions and Pricing
Spring Branch Communication Wireless and third parties offering information, products,
or services on the Sites attempt to be as accurate as possible. However, Spring Branch
Communication Wireless does not warrant that information, product, and service
descriptions or other content of the Sites is accurate, complete, reliable, current, or error-
free. Despite our efforts, it is possible due to computer or other error or cause that a
product or service offered on the Sites may be mispriced or contain an inaccuracy in its
description. In the event Spring Branch Communication Wireless determines that a
product or service is mispriced or contains an inaccurate description, Spring Branch
Communications Wireless reserves the right to take any action it deems reasonable and
necessary, in its sole discretion, to rectify the error, including without limitation
canceling your order. You agree to notify Spring Branch Communication Wireless
immediately if you become aware of any pricing or descriptive errors or inconsistencies
with any products or services you order through the Sites and comply with any corrective
action taken by Spring Branch Communication Wireless.
Linking
Links to the Sites. You are granted a limited, nonexclusive right to create a hypertext link
to the homepage of the Sites, provided such link does not portray Spring Branch
Communications Wireless or any of its products and services in a false, misleading,
derogatory, or otherwise defamatory manner. You may not use a Spring Branch
communications or Spring Branch Communication Wireless logo or other proprietary
graphic or trademark of Gironllc or Spring Branch Communication Wireless to link to the
Sites without the express written permission of Gironllc. This limited right may be
revoked at any time.
Submissions
You agree that any materials, including but not limited to questions, comments,
suggestions, ideas, plans, notes, drawings, original or creative materials, or other
information, provided by you in the form of e-mail or submissions to Spring Branch
Communication Wireless, or postings to or on the Sites, are non-confidential (provided
that personal information provided on non-public areas of the Sites is subject to our
Privacy you will grant Spring Branch Communication Wireless a nonexclusive, royalty-
free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify,
adapt, publish, translate, create derivative works from, distribute, and display such
materials throughout the world in any media now known or hereafter developed with or
without acknowledgment to you.
Disclaimers
"AS IS" AND "AS AVAILABLE" BASIS. THE SITES AND THE MATERIALS
CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, AS TO THE OPERATION OF THE SITES OR THE INFORMATION,
CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON THE SITES.
YOU EXPRESSLY AGREE THAT USE OF THE SITES, INCLUDING ALL
CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR
ACCESSED FROM OR THROUGH THE SITES, IS AT YOUR SOLE RISK AND
RESPONSIBILITY.
WARRANTY DISCLAIMER, gironllc.dba spring branch communications wireless
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE
INFORMATION, MATERIALS, CONTENT, and SERVICES AND PRODUCTS ON
THE SITES. SBCS WIRELESS DOES NOT REPRESENT OR WARRANT THAT
MATERIALS IN THE SITES ARE ACCURATE, COMPLETE, RELIABLE,
CURRENT, ERROR-FREE, SUBJECT TO CORRECTION OR THAT ANY SUCH
MATERIALS AVAILABLE FOR DOWNLOAD FROM THE SITES ARE FREE OF
INFECTION OR VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT
MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES. Gironllc. IS
NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS
RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. WHILE SBCS WIRELESS
ATTEMPTS TO ENSURE YOUR ACCESS AND USE OF THE SITES IS SAFE, SBCS
WIRELESS CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE
SITES OR ITS SERVER(S) WILL BE ERROR-FREE, UNINTERRUPTED, FREE
FROM UNAUTHORIZED ACCESS (INCLUDING THIRD-PARTY HACKERS OR
DENIAL OF SERVICE ATTACKS) OR OTHERWISE MEET CUSTOMER'S
REQUIREMENTS.
SBCSWireless reserves the right to change any and all content contained on the Sites at
any time without notice. Reference to any products, services, processes, or other
information, by trade name, trademark, manufacturer, supplier, or otherwise does not
constitute or imply endorsement, sponsorship or recommendation thereof by
SBCSWireless.
YOUR RESPONSIBILITY AND RISK. It is solely your responsibility to evaluate the
accuracy, completeness, and usefulness of all opinions, advice, services, merchandise,
and other information provided on or through the Sites or on the Internet generally. The
Internet contains unedited materials, some of which are sexually explicit or may be
offensive to you. You access such materials at your risk. SBCSWireless has no control
over and accepts no responsibility whatsoever for such materials.
VIOLATIONS OF THIS AGREEMENT BY SUCH CUSTOMER.
Limitation of Liability
IN NO EVENT SHALL SBCSWIRELESS BE LIABLE FOR ANY DIRECT, SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF
ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF
PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT
(INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING
OUT OF OR IN ANY WAY CONNECTED WITH (I) THE USE OR INABILITY TO
USE THE SITES OR THE CONTENT, MATERIALS, INFORMATION OR
TRANSACTIONS PROVIDED ON OR THROUGH THE SITES, OR (II) ANY CLAIM
ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE
SITES OR THE CONTENT, MATERIALS, INFORMATION, PRODUCTS, OR
SERVICES ON OR AVAILABLE THROUGH THE SITES, EVEN IF
SBCSWIRELESS OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SBCSWIRELESS
(WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE
WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT
LIABILITY, OR OTHER THEORY), ARISING OUT OF OR RELATING TO THE
USE OF SBCSWIRELESS' SITES, EXCEED $5.00 OR THE COMPENSATION YOU
PAID SPRING BRANCH COMMUNICATIONS WIRELESS, WHICHEVER IS LESS. THE PHONES
LISTED IN THE MAIN PAGE OF THIS WEBSITE REQUIRE A YEAR CONTRACT WITH THE CELL
PHONE CARRIER UNLESS INDICATED.
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24hr
Customer Support :
Tel # 713-855-0187
8700 Long Point Rd
ste#104
Houston Texas 77055 |
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