Terms Of Use

Please read the following Terms and Conditions carefully

These terms of use (“Terms”) govern your use of the On The Border website located at www.ontheborder.com and other websites administered by OTB Acquisition LLC (the “Company”) where these Terms are posted (altogether the “Site”). By accessing, using or posting anything to the Site, you agree to use the Site in accordance with all applicable laws and regulations and in accordance with the terms and conditions outlined herein. These Terms may be updated from time to time and the most recent version of the Terms will be posted on the Site. Your use of the Site constitutes your acceptance of these Terms, and any changes thereto. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITE.

License

The Company grants you a limited, non-exclusive and revocable license to use the Site in accordance with these Terms. The content on the Site that is posted by the Company, including but not limited to any text and images, and their selection and arrangement, software, site updates, and documentation, is owned by the Company or our content providers. You may download one copy of material from the Site that is posted by the Company onto one computer or device for your personal use; however, you may not transmit, broadcast, upload to any computer, mobile or other device, create derivative works of, or make commercial use of the Site or any material provided or obtained through the Site, including, but not limited to, the names, images and other information used in any User Content (as defined below), and you may not delete or change any copyright, trademark, or other proprietary notice. You acknowledge that we or our third party content providers retain ownership of the posted materials and that you are not acquiring any ownership rights by downloading copyrighted materials. The Company makes no representation that the Site or its content are appropriate or available for use in particular locations.

Ownership of Intellectual Property

All content on the Site that we provide, including but not limited to, text, graphics, logos, icons, images, headers, illustrations, audio clips, video clips and software is owned or licensed by the Company or the content providers, and is protected by law, including United States and international copyright laws. In addition, any trademarks or other intellectual property are also owned by the Company or the content providers and any use, misuse or copying of any trademarks or intellectual property is prohibited without our express authorization.

Except as expressly authorized in writing, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the content of others, in whole or in part, by any means. You further agree not to download, display or use any Site content in any publications, in public performances, on websites for any other commercial purpose, in connection with products or services that are not those of the Company, in any other manner that is likely to cause confusion among consumers, that disparages or discredits the Company and/or its licensors, that dilutes the strength of the Company or its licensors’ property, or that otherwise infringes the Company or its licensors’ intellectual property rights. You further agree to in no other way misuse any Site content or other third party content.

Accounts, Security, Passwords

Certain areas of the Site may require registration or may otherwise ask you to provide information to participate in certain features or access certain content. If you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Site.

If the Site requires you to create an account or otherwise submit information, you must complete the specified process by providing us with current, complete, and accurate information as requested by the applicable online registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data and any loss caused by your failure to do so is your responsibility. After you have fully completed the registration form, you may be asked to choose a password and a user name. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify the Company immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Site. The Company is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. The Company may, at its discretion, cancel or suspend any account and deactivate or delete any related information and/or files associated with the account or bar access to such information and/or files at any time without any notice or liability to you or any other person.

Use of the Site and User Content

You represent and warrant that you possess the legal right and ability to agree to these Terms, that you are over the age of 13, and that all information or material that you submit to the Site, including any images, photographs, graphics or pictures (“User Content”) is owned by you, and is true, accurate and current. By submitting any User Content to or through the Site, you represent and warrant that: (a) you are the copyright owner of such User Content; and (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms.

The following requirements apply to your use of the Site:

  • You will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright, trade secret or any other intellectual property right (including rights of publicity and privacy) without first obtaining the permission of the owner of such rights. This includes, but is not limited to, a prohibition on submitting a photograph of or including another person without that person’s permission.
  • You will not submit any material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, graphic or gratuitously violent, harassing, hateful, racially or ethnically offensive, encourages conduct that would give rise to criminal or civil liability, violate any law, or is otherwise inappropriate.
  • You will not impersonate another person, including submitting their information or User Content as your own.
  • You will not collect or store personal data about other users, or otherwise access the website using automated means (such as harvesting bots, robots, spiders, or scrapers) without the Company’s permission.
  • You will not use the Site for any commercial purpose not expressly approved by the Company in writing.
  • You will not upload, post, email, or otherwise transmit any advertising or promotional materials, including without limitation, “junk mail,” “surveys,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or unauthorized communication.
  • You will not upload, post, email, or otherwise transmit any material that contains worms, viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.

You understand that in submitting any User Content, you are giving the Company and its designees an exclusive (unless specifically stated otherwise in this Site), worldwide, perpetual, irrevocable, royalty-free, sub-licensable right and license to use the User Content and any person’s property (physical, personal, and indicia) contained therein, in any media now or hereafter known, without any payment or other consideration of any kind, or permission or notification, to you or any third party. The Company’s rights shall include, without limitation, the right to reproduce, record, alter, amend, edit, publish, publicly perform, use, merchandise, license, sublicense (through multiple tiers), adapt, and stream the User Content in any and all media now or hereafter known, including but not limited to, the Internet and outdoor billboards, throughout the world, related to the Company, its agents and designees. You acknowledge and agree that the Company does not have now, nor shall have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of any copyright or any other intellectual property or confidentiality, privacy and/or publicity interest in and to any User Content submitted by you.

In addition, the Company is free to use, without obligation of any kind to you or any third parties, any ideas, concepts, techniques, or know-how contained in any communication (including without limitation, any User Content) you send through the Site for any purpose whatsoever, without any further consent, notice and/or compensation to you or any third parties. You also acknowledge and agree that the Company may obtain User Content on this Site, or otherwise develop on its own, or through third party vendors it engages, ideas and materials that may be similar or identical in theme, idea, format or other respects to ideas and other User Content you submit to the Site, and you waive any and all claims you may have had, may have, and/or may have in the future, that any ideas, composition, video and/or other works used by the Company based on any similarity with any User Content submitted by you on this Site. Any information uploaded by you to the Site or provided to the Company, including but not limited to photos, names, links, data, questions, comments, suggestions, or the like, shall be deemed to be non-confidential.

Purchases

If you choose to purchase any product or service available for purchase through the Site, you may be asked to supply certain information relevant to your transaction, including without limitation your credit card number, the expiration date of your credit card, and your billing address. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. Verification of information may be required prior to the acknowledgement or completion of any transaction. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your transactions. The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time and/or at every location.

Notices of Intellectual Property Infringement

If you are a trademark or copyright owner and you believe that your intellectual property rights have been violated, please access and follow our Proprietary Rights Complaints Notification Process.

Representations, Disclaimer of Warranties, and Limitations of Liability

The Company and its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents (collectively, the “Company Affiliates”) make no representation or warranty whatsoever regarding the completeness, accuracy, timeliness or adequacy of any information, facts, views, opinions, statements or recommendations contained on the Site. Reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by the Company or the Company Affiliates.

The Internet may be subject to breaches of security. The Company and the Company Affiliates are not responsible for any resulting damage to any user’s device or computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that e-mail and other submissions over the Internet may not be secure, and you should consider this before e-mailing the Company or the Company Affiliates any information or posting information to the Site. The Company and the Company Affiliates make no representation or warranty whatsoever regarding the suitability, functionality, performance, availability or operation of the Site. This Site may be temporarily unavailable due to maintenance or malfunction of computer equipment.

THE SITE (INCLUDING ALL SITE UPDATES) AND THE CONTENT ARE MADE AVAILABLE ON AN “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. THE COMPANY AND THE COMPANY AFFILIATES SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE SITE AND THE SITE’S CONTENT. THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED, PROVIDED OR ENABLED BY OR THROUGH THE SITE (INCLUDING ANY SITE UPDATES) WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SITE, (INCLUDING ANY SITE UPDATES) WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITE (INCLUDING ANY SITE UPDATES) WILL BE CORRECTED. No oral or written information or advice given by the Company or an authorized representative shall be deemed to alter this disclaimer of warranty, or to create any warranty. Should the Site prove defective, you assume the entire cost of all necessary servicing, repair or correction.

YOU AGREE THAT THE COMPANY AND THE COMPANY AFFILIATES ARE NOT LIABLE TO YOU FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING IN ANY WAY FROM OR IN CONNECTION WITH: (I) THE SITE OR THE CONTENT; (II) ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OR CONTENT OF THE SITE; (III) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE COMPANY, LAW ENFORCEMENT OR OTHER AUTHORITIES REGARDING YOUR USE OF THE SITE OR THE CONTENT; (IV) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR (V) THE CONDUCT, ACTIONS OR INACTIONS OF SITE USERS OR YOUR INTERACTIONS OR RELATIONSHIPS WITH SITE USERS, EVEN IF THE COMPANY OR THE COMPANY AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THE SITE OR ITS RELATED INFORMATION OR PROGRAMS.

THE SITE MAY CONTAIN FACTS, OPINIONS, VIEWS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. THE COMPANY DOES NOT REPRESENT OR ENDORSE THE ACCURACY, TIMELINESS OR RELIABILITY OF ANY FACTS, OPINIONS, VIEWS, STATEMENTS OR RECOMMENDATIONS OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH FACTS, OPINIONS, VIEWS, STATEMENTS OR RECOMMENDATIONS IS AT YOUR SOLE RISK. IN NO EVENT WILL THE COMPANY OR THE COMPANY AFFILIATES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. THE COMPANY DOES NOT ENDORSE THE USER CONTENT, IS NOT RESPONSIBLE FOR THE USER CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY (INCLUDING, WITHOUT LIMITATION, PERSONS WHO MAY USE OR RELY ON SUCH USER CONTENT) FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY USER CONTENT PROVIDED THROUGH THE SITE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

Indemnification

By accessing, registering with, and/or accepting any information from this Site you agree to indemnify, defend, and hold harmless the Company and the Company Affiliates from and against any actual or alleged claims, demands, causes of action, judgments, damages, losses, liabilities, and all costs and expenses of defense (including reasonable attorneys’ fees) arising out of or relating to: (a) your breach of these Terms; (b) your violation of any local, state, federal, or international law, rule, or regulation; (c) a claim by a third party that is based on your use of the Site or your User Content; (d) information or material posted or transmitted through your computer or account, even if not submitted by you; (e) any misrepresentation made by you; (f) any dispute between you and another user of the site; (g) the theft, misappropriation, or disclosure of your password; or (h) your authorization of anyone else to use your password. You will cooperate as fully and as reasonably required in the Company’s defense of any claim. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not, in any event, settle any matter without the written consent of the Company.

The Site may provide connectivity or links to other third-party services, websites, Sites, software, and other content from third-party providers such as vendors (“Third-Party Services”). The Company has no control over, makes no representations or warranties whatsoever about any of the Third-Party Services that you may access, is not responsible for the availability of such Third-Party Services, and does not endorse nor is responsible or liable for any content or other materials on or available from such Third-Party Services. Your use of the Third-Party Services may be subject to additional terms, including software license terms, of those third parties.

Termination

Notwithstanding any other provision of these Terms, the Company may in its discretion, without any notice or liability to you or any other person, change, discontinue, modify, restrict, suspend or terminate the Site, or any part thereof, including, but not limited to: (i) restricting the time the Site is available, (ii) restricting the amount of use permitted, and (iii) restricting any user’s right to use or access the Site. The Company may, in its discretion and for its convenience, at any time immediately terminate, temporarily or permanently, these Terms or your permission to access and use the Site without any notice or liability to you or any other person.

Assignment

The Company may assign this agreement, in whole or in part, at any time with or without notice to you. You may not assign this agreement, or any part of it, to any other person, and any attempt by you to do so is void. You may not transfer to anyone else, either temporarily or permanently, any rights to use all or any part of the Site. To the extent that you allow a third party to use your device, you shall remain solely responsible for the use of the Site by others using the device.

Applicable Law

By using the Site, you agree that the statutes and laws of the United States and the State of Texas without regard to conflicts of laws principles, will apply to all matters relating to use of the Site, and you agree that any litigation shall be subject to the personal and exclusive jurisdiction of the state or federal courts for Dallas, Texas, USA.

General Information

These Terms, together with our Privacy Policy, constitute the entire agreement between you and the Company with respect to the Site and supersede all prior or contemporaneous communications, whether oral, written or electronic, between you and the Company. Should any of these Terms be held invalid or unenforceable, the remaining Terms shall remain in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You further agree that any disputes, claims and causes of action arising out of or connected with the Site and/or this Agreement, will be resolved individually, without resort to any form of class action. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

Both you and Company acknowledge and agree that no partnership is formed and neither of you nor the Company has the power or the authority to obligate or bind the other. The failure of the Company to comply with this Agreement because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of the Company, shall not be deemed a breach of this Agreement. On certain areas of our Site, you may be given the ability to provide us with personally identifiable information. Please read our Privacy Policy for more information about our information collection and use practices.

In the event of a complaint or concern regarding these Terms or the Site, or for more information, please contact us.