Agreement between User/Visitor and ClarkLandResources.com
Welcome to ClarkLandResources.com. The ClarkLandResources.com website (the “Site”) is comprised of various web pages operated by Clark Land Resources, Inc. and is offered to you to view conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of ClarkLandResources.com constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference. ClarkLandResources.com is not an eCommerce site. The purpose of the website is to offer general information about our company and right of way and related consultant services.
Privacy
Your use of ClarkLandResources.com is subject to ClarkLandResources.com’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting ClarkLandResources.com or sending emails to Clark Land Resources, Inc. constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Clark Land Resources, Inc. does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under age 13, you may use ClarkLandResources.com only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
ClarkLandResources.com may contain links to other websites (“Linked Sites”). Not all of the Linked Sites are under the control of Clark Land Resources, Inc. and Clark Land Resources, Inc. is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Clark Land Resources, Inc. is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Clark Land Resources, Inc. of the site or any association with its operators.
Certain services made available via ClarkLandResources.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the ClarkLandResources.com domain, you hereby acknowledge and consent that Clark Land Resources, Inc. may share such information and data with any third party with whom Clark Land Resources, Inc. has a contractual relationship to provide the requested product, service or functionality on behalf of ClarkLandResources.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use ClarkLandResources.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Clark Land Resources, Inc. that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Clark Land Resources, Inc. or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Clark Land Resources, Inc.’s content is not for resale.
Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Clark Land Resources, Inc. and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Clark Land Resources, Inc. or our licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated and administered by Clark Land Resources, Inc. from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Clark Land Resources, Inc. content accessed through ClarkLandResources.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Clark Land Resources, Inc., its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Clark Land Resources, Inc. reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Clark Land Resources, Inc. in asserting any available defenses.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CLARK LAND RESOURCES, INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CLARK LAND RESOURCES, INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CLARK LAND RESOURCES, INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Clark Land Resources, Inc. reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and/or governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in Texas and/or California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Clark Land Resources, Inc. as a result of this agreement or use of the Site. Clark Land Resources, Inc.‘s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Clark Land Resources, Inc.‘s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Clark Land Resources, Inc. with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Clark Land Resources, Inc. with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Clark Land Resources, Inc. with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Clark Land Resources, Inc. reserves the right, in its sole discretion, to change the Terms under which ClarkLandResources.com is offered. The most current version of the Terms will supersede all previous versions. Clark Land Resources, Inc. encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Clark Land Resources, Inc. welcomes your questions or comments regarding the Terms.
ClarkLandResources.com welcomes your questions or comments regarding this Terms of Use Statement. You may contact ClarkLandResources.com through its contact form.