Terms of DFW Get The Plan
1. Accepting the Terms
1.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
1.2 You can accept the Terms by:
(A) Clicking to agree to the Terms; or
(B) By actually using the Services. In this case, you understand and agree that DFW Get The Plan will treat your use of the Services as acceptance of the Terms from that point onwards.
1.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with DFW Get The Plan, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
1.4 Before you continue, you should print off or save a local copy of the Universal Terms for your records.
1.5 The Terms and your relationship with DFW Get The Plan is governed by the laws of the State of Texas and venue for any cause of action will be in the state district courts of Tarrant County, Texas.
2. Discontinuing Services
2.1 DFW Get The Plan is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which DFW Get The Plan provides may change from time to time without prior notice to you.
2.2 As part of this continuing innovation, you acknowledge and agree that DFW Get The Plan may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at DFW Get The Plan’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform DFW Get The Plan when you stop using the Services.
2.3 You acknowledge and agree that if DFW Get The Plan disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
2.4 You acknowledge and agree that while DFW Get The Plan may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by DFW Get The Plan at any time, at DFW Get The Plan’s discretion.
3. Use of the Services by you
3.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to DFW Get The Plan will always be accurate, correct and up to date.
3.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
3.3 You agree that you are solely responsible for (and that DFW Get The Plan has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which DFW Get The Plan may suffer) of any such breach.
4. Privacy
4.1 For information about DFW Get The Plan’s data protection practices, please read the Texas Public Information Act, Chapter 552 of the Texas Government Code. While Section 552.137 of the Texas Government Code may protect certain personal e-mail addresses or text messaging addresses you have provided to DFW Get The Plan, the Plan and its counties will not guarantee or warrant that your personal e-mail address, text messaging address or any other information you provide DFW Get The Plan will be confidential under the Texas Public Information Act.
4.2 You agree to the use the Services for your personal benefit.
5. Termination
5.1 The Terms will continue to apply until terminated by either you or DFW Get The Plan as set out below.
5.2 If you want to terminate your legal agreement with DFW Get The Plan, you may do so by (a) notifying DFW Get The Plan at any time and (b) closing your accounts for all of the Services which you use, where DFW Get The Plan has made this option available to you. Your notice should be sent, in writing, to DFW Get The Plan’s address which is set out at the beginning of these Terms.
5.3 DFW Get The Plan may at any time, terminate its legal agreement with you if:
(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(B) DFW Get The Plan is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(C) the partner with whom DFW Get The Plan offered the Services to you has terminated its relationship with DFW Get The Plan or ceased to offer the Services to you; or
(D) DFW Get The Plan is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
(E) the provision of the Services to you by DFW Get The Plan is, in DFW Get The Plan’s opinion, no longer commercially viable.
5.4 Nothing in this Section shall affect DFW Get The Plan’s rights regarding provision of Services under Section 4 of the Terms.
5.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and DFW Get The Plan have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall cease.
6. EXCLUSION OF WARRANTIES
6.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 6 AND 7, SHALL EXCLUDE OR LIMIT DFW GET THE PLAN’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF
IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
6.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”
6.3 IN PARTICULAR, DFW GET THE PLAN, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
6.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
6.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DFW GET THE PLAN OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
6.6 DFW GET THE PLAN FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
7. LIMITATION OF LIABILITY
7.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 6.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT DFW GET THE PLAN, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
(II) ANY CHANGES WHICH DFW GET THE PLAN MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(III) YOUR FAILURE TO PROVIDE DFW GET THE PLAN WITH ACCURATE ACCOUNT INFORMATION;
(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
7.2 THE LIMITATIONS ON DFW GET THE PLAN’S LIABILITY TO YOU IN PARAGRAPH 7.1 ABOVE SHALL APPLY WHETHER OR NOT DFW GET THE PLAN HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.