Last Updated: August 6, 2019
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. Access to and use of this website is provided by Somervell Times (“Somervell Times”) subject to the following terms (“Terms of Use”).
THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION CLAUSE AND WAIVER OF CLASS ACTION CLAUSE. PLEASE REFER TO AND READ THE DISPUTE RESOLUTION AND ARBITRATION SECTION BELOW.
Your Acceptance of Terms
By visiting and using this website you accept and agree to be legally bound by these Terms of Use, including any future modifications, and to abide by all applicable laws, rules and regulations. If you do not agree with any of these Terms of Use, please do not use this website.
Some areas of this website may be subject to additional terms and conditions, which you should read carefully before making any use of those areas. Such additional terms will not change or replace these Terms of Use regarding use of this website, unless otherwise expressly stated.
These Terms of Use may be changed without notice at any time by updating this posting. You should visit this page regularly to review the current Terms of Use. Your continued use of this website will be deemed acceptance of any changes. Affiliates of Somervell Times (“Company Affiliates”) operate a large number of websites, mobile applications and other services associated with our different businesses, brands and products. Each of these services you visit may have terms of use that differ from these Terms of Use due to the nature of those services. These Terms of Use to not apply to website, mobile applications and other services offered by Company Affiliates.
Privacy
Your privacy is important to us. We provide a notice explaining our online information practices and about the way your information is collected and used at this website. You may access our Privacy Policy here, which forms a part of these Terms of Use.
Intellectual Property
This website and the content and materials contained on this website (collectively, “Content”) are protected by copyrights, patents, trade secrets or other intellectual property and proprietary rights under the laws of the United States and other countries.
Content
This website has been prepared solely for the purpose of providing information about Somervell Times and the services and products it offers. This website has been compiled in good faith by Somervell Times. However, no representation or warranty is made as to the completeness, timeliness or accuracy of the information on this website. In particular, the reports filed by Somervell Times with the Securities and Exchange Commission and listed on this website speak only as of the date of the respective report or the reporting period indicated on the respective report, and you should be aware that other information available on this website may be incomplete, may contain errors or may have become out of date. Somervell Times makes no commitment, and disclaims any duty, to update any of the dated information that is available on this website, including the reports filed with the Securities Exchange Commission, to reflect subsequent events or circumstances except as required by law.
Your Use of Content
Your right to make use of this website and any Content appearing on it is subject to your compliance with these Terms of Use. This website and any Content appearing on it may be used only for your personal and non-commercial use. You agree not to copy, reproduce, modify, display, perform, publish, create derivative works from, or store any content or materials appearing on this website, without the express prior written consent of Somervell Times. Use or modification of the Content on this website for any purpose not permitted by these Terms of Use is prohibited.
Submissions
If you submit inquiries or feedback to Somervell Times through the email addresses listed on this website. Do not submit information that would be considered proprietary and confidential. Somervell Times is not required to review any submission you may make. To the extent you submit any ideas or feedback to Somervell Times, you grant Somervell Times an irrevocable, perpetual, worldwide, fully paid-up, royalty-free right and license to use the same for any purpose.
Website Service
Somervell Times reserves the right to add, modify, delete or discontinue, temporarily or permanently, all or any part of this website and/or any Content, software, functions, and services on this website, with or without notice, and/or to establish general guidelines and limitations on their use.
External Links and Services
Somervell Times may provide, or third parties may provide, links to other websites, applications, resources and/or services operated by third parties (each an “External Service). When you engage with a provider of an External Service, you are interacting with a third party, not with Somervell Times. If you choose to use an External Service, such use will be subject to such third party providers terms of use and such third party may use and share your data in accordance with its privacy policy. We encourage you to read and be aware of the terms and conditions and privacy policy of each External Service you use. When accessing and/or using an External Service, you do so at your own risk.
Disclaimer of Warranties
YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THIS WEBSITE AND ALL CONTENT, INFORMATION, SOFTWARE AND OTHER MATERIALS CONTAINED OR USED IN THE OPERATION OF THIS WEBSITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND WARRANTIES IMPLIED FOR A COURSE OF PERFORMANCE OR COURSE OF DEALING, AS WELL AS ANY GUARANTY OR ASSURANCE THE WEBSITE OR ANY CONTENT, INFORMATION, SOFTWARE AND OTHER MATERIALS WILL BE AVAILABLE, UNINTERRUPTED OR ERROR FREE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. Without limiting the foregoing, Somervell Times is not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of this website. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of the Content and any and all features and functions of this website.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SOMERVELL TIMES AND ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THIS WEBSITE OR ANY CONTENT, INFORMATION, SOFTWARE AND OTHER MATERIALS, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF SOMERVELL TIMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Indemnity
You agree to indemnify, defend and hold harmless Somervell Times, Company Affiliates, and their respective successors and assigns, directors, officers, employees, representatives, agents, licensors, suppliers and service providers from any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees), arising in any way out of or in connection with (a) your use of this website, or (b) your breach or violation of these Terms of Use. Somervell Times reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you and all negotiations for its settlement or compromise, and you agree to fully cooperate with us upon our request.
Notice and Procedure for Making Claims of Copyright Infringement
Somervell Times respects the intellectual property of others and asks users of this website to do the same. Somervell Times has a policy of terminating repeat infringers’ access to its websites and services in appropriate circumstances. If you are a copyright owner or an agent thereof and believe that any content on this website infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act by providing our Designated Agent (as set forth below) with the following information in writing (see 17 U.S.C. 512(c)(3) for further details):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on this website are covered by a single notification, a representative list of such works on this website;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if applicable, e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Written notification of claimed infringement must be submitted to the following Designated Agent:
Name and Address of Designated Agent:
Copyright Agent
C/O Somervell Times
Attn: Legal Department
PO BOX 355
Glen Rose, TX. 76043
Email: info@somervelltimes.com
For clarity, only notices of claims for alleged copyright infringement should be sent to the Designated Agent.
Dispute Resolution and Arbitration
You and Somervell Times both benefit from establishing a predictable legal environment in regard to this Website or any Content, information, software or other materials. Therefore, you and Somervell Times explicitly agree that all disputes, claims or other matters arising from or relating to your use of this Website or any Content, information, software or other materials will be governed by the laws of the State of Texas and the federal laws of the United States. You and Somervell Times also agree that Company Affiliates are third-party beneficiaries of this Dispute Resolution and Arbitration Section and that, for purposes of this Section 19, “we”, “us”, and our include both Somervell Times and Company Affiliates.
We expect that we will be able to resolve most issues you may have using this Website or any Content, information, software or other materials. In the unlikely event that an issue remains unresolved, we prefer to specify now what each of us should expect in order to avoid any confusion later. Accordingly, you and we agree to the following resolution process.
In an attempt to find the quickest and most efficient resolution of our issues, you and we agree to first discuss any issue informally for at least 30 days, except that claims based on infringement or misuses of intellectual property and/or misappropriation of trade secrets may be brought without any advance discussion as further provided below. To do that, please send your full name, your email and/or mailing address, your concern, and your proposed solution by certified mail to us at: Somervell Times, PO BOX 355 of the Americas, Glen Rose, TX 76043; Attn: Legal Department. If we would like to discuss an issue with you, we will contact you using an email or mailing address we have on file for you.
IF WE DO NOT REACH AN AGREED UPON SOLUTION AFTER OUR DISCUSSIONS FOR AT LEAST 30 DAYS, YOU AND WE AGREE THAT ANY CONTROVERSY, CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THIS WEBSITE OR ANY CONTENT, INFORMATION, SOFTWARE OR OTHER MATERIALS, OR THE RELATIONSHIP WHICH RESULTS FROM THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION, THE PERFORMANCE, BREACH, ENFORCEMENT, EXISTENCE OR VALIDITY OF THE MATTERS PROVIDED FOR IN THESE TERMS OF USE; OUR RELATIONSHIP WITH EACH OTHER; THIS AGREEMENT TO ARBITRATE OR THE SCOPE OF THIS ARBITRATION AGREEMENT (EACH A “CLAIM”), MUST BE RESOLVED THROUGH PRIVATE AND CONFIDENTIAL BINDING INDIVIDUAL ARBITRATION BEFORE JAMS, PURSUANT TO JAMS’ STREAMLINED ARBITRATION RULES AND PROCEDURES LOCATED AT WWW.JAMS.ADR.COM. ALL CLAIMS WILL BE ARBITRATED BEFORE A SINGLE ARBITRATOR ON AN INDIVIDUAL BASIS, AND WILL NOT BE CONSOLIDATED OR JOINED IN ANY ARBITRATION WITH ANY CLAIM OF ANY OTHER PARTY. AS AN EXCEPTION TO THIS ARBITRATION AGREEMENT, EITHER YOU OR WE MAY PURSUE IN SMALL CLAIMS COURT ANY CLAIM THAT IS WITHIN THAT COURT’S JURISDICTION AS LONG AS YOU PROCEED ONLY ON AN INDIVIDUAL BASIS, AND YOU OR WE MAY AT ANY TIME BRING SUIT IN ANY COURT OF COMPETENT JURISDICTION LOCATED IN THE STATE OF TEXAS, COUNTY OF SOMERVELL AGAINST THE OTHER IN RELATION TO CLAIMS BASED ON INFRINGEMENT OR MISUSE OF INTELLECTUAL PROPERTY AND/OR MISAPPROPRIATION OF TRADE SECRETS AND YOU AND WE WAIVE ANY RIGHT TO TRIAL BY JURY.
NOTHING HEREIN SHALL BE CONSTRUED TO PRECLUDE ANY PARTY FROM SEEKING INJUNCTIVE RELIEF IN ORDER TO PROTECT ITS RIGHTS PENDING AN OUTCOME IN ARBITRATION. INJUNCTIVE RELIEF MAY BE SOUGHT IN THE STATE OR FEDERAL COURTS LOCATED IN THE STATE OF TEXAS, COUNTY OF SOMERVELL.
YOU AND WE ALSO AGREE TO ARBITRATE IN EACH OF YOUR AND OUR INDIVIDUAL CAPACITIES ONLY, NOT AS A REPRESENTATIVE OR MEMBER OF A CLASS, AND YOU AND WE EXPRESSLY WAIVE ANY RIGHT TO COMMENCE OR PARTICIPATE IN ANY CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS AND, WHERE APPLICABLE, YOU AND WE ALSO AGREE TO OPT OUT OF ANY SUCH CLASS PROCEEDING.
If your claim is for $10,000 or less, we agree that the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, unless you request a telephonic or in-person hearing. The arbitration hearings for U.S. residents will be held in Glen Rose, Texas. If this location is not convenient for you, please let us know and we will work to determine a mutually convenient location. If we cannot agree on such a location, the arbitrator will determine the location of the hearing.
For United States residents, regardless of who initiates the arbitration, we will reimburse you for your share of arbitration fees (not including your attorneys’ fees) up to a maximum of $2,500.
If the arbitrator rules against us, in addition to accepting whatever responsibility is ordered by the arbitrator, we will reimburse your reasonable attorneys’ fees and costs up to a maximum of $5,000, regardless of who initiated the arbitration. In addition, if the arbitrator rules in our favor, we will not seek reimbursement of our attorney’s fees and costs, regardless of who initiated the arbitration unless the arbitrator finds some or all of your claims to be frivolous or to have been brought in bad faith.
You and we agree to maintain the confidential nature of the arbitration proceeding and shall not disclose the fact of the arbitration, any documents exchanged, the proceedings, the arbitrator’s decision and the existence or amount of any award, except as may be necessary to prepare for or conduct the arbitration (in which case anyone becoming privy to confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, the enforcement of an award, or unless otherwise required by law or court order.
IT IS IMPORTANT THAT YOU UNDERSTAND THAT BY ENTERING INTO THIS ARBITRATION AGREEMENT, YOU ARE WAIVING ANY RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AGAINST US FOR CLAIMS THAT ARE COVERED BY THIS AGREEMENT TO ARBITRATE. THE ARBITRATOR’S DECISION WILL BE CONCLUSIVE AND BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION.
YOU AGREE THAT ANY CLAIM YOU MAY HAVE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CLAIM ARISES.
Miscellaneous
These Terms of Use contain the complete and entire understanding and agreement between you and Somervell Times concerning this website and supersedes any and all prior or contemporaneous understandings relating to this website and your use thereof. These Terms of Use cannot be changed orally. If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, this shall not affect any other provisions and these Terms of Use shall be deemed amended to the extent necessary to make it legal, valid and enforceable. The failure of Somervell Times to exercise or enforce any right or provision of these Terms of Use will not operate as a waiver of such right or provision.
Somervell Times is based in the United States and this website is managed from the United States. Somervell Times makes no representation or warranty that this website or that the Content contained on this website is appropriate or available for use in other locations. Those who choose to access this website from other locations do so at their own risk and are responsible for compliance with any and all local laws, rules and regulations, if and to the extent local laws, rules and regulations are applicable. Any software available in connection with this website may be subject to United States export control laws. No such software may be downloaded or otherwise exported or re-exported in violation of United States export laws.