TexDS, Terms and Conditions

The TexDS Wall Design Pro Tool and NFPA 285 Wall Selector (“Selector”) was developed by Tex Design Solutions, LLC., Tampa, FL. All title and copyrights to the Wall Design Pro Tool and NFPA 285 Wall Selector are owned or licensed by Tex Design Solutions, LLC. The Selector is protected by copyright laws and international treaties, and therefore, must be treated like any other copyrighted material.

Tex Design Solutions, LLC., reserves the right to modify, disable access to or discontinue, temporarily or permanently, any part or all of this software or any information contained thereon, and by your use of this software you agree that we may do so without any liability or notice to you whatsoever.

As a licensed user of our software, you acknowledge and agree that any reliance on or use by you of any information available on this software shall be entirely at your own risk, AND YOU AGREE IN NO EVENT SHALL TEX DESIGN SOLUTIONS® LIMITED LIABILITY CORPORATION (“TexDS”) NOR ANY OF ITS DATA & SOFTWARE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM THE USE OR THE PERFORMANCE OF THIS SOFTWARE.

If you have any other concerns after reading these Terms & Conditions, please go to our contact page at www.texds.com, where we will direct you to the appropriate contact person for your question. We may amend these Terms & Conditions at any time; changes or amendments will be posted for public view and be effective upon such posting.

These Terms & Conditions were last updated on 8/01/2021. SECTION 1 – GENERAL PROVISIONS

You acknowledge and agree that TexDS SOFTWARE is provided to you on an “AS IS” basis without any warranty whatsoever, and your sole and exclusive remedy, and TexDS’ sole obligation to you or any third party for any claim arising out of your use of TexDS SOFTWARE, is that you are free to discontinue your use of the TEXDS SOFTWARE at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, TEXDS EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT TEXDS SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF TEXDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THESE TERMS & CONDITIONS AND YOUR USE OF TEXDS SOFTWARE OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification

YOU AGREE TO INDEMNIFY TEXDS®, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND OTHER PARTNERS AND HOLD THEM EACH HARMLESS FROM ANY ANO ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEYS FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE TEXDS SOFTWARE OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.

Notice Specific to Documents/Information Available in TEXDS SOFTWARE

Permission to use documents (such as press releases, data sheets, content, informational items and FAQs) from TEXDS SOFTWARE is granted, provided that (1) the copyright notice (“©[YEAR] TexDS® Limited Liability Corporation – AII Rights Reserved”) appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the TEXDS WEBSITES is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any documents are made. Distribution requires express written permission of TexDS. Use for any other purpose is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of TEXDS WEBSITES. Elements of TEXDS WEBSITES are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any TEXDS WEBSITES may be copied or retransmitted unless expressly permitted by TexDS. TEXDS ANO/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE SOFTWARE, DOCUMENTS AND RELATED GRAPHICS PUBLISHED IN TEXDS SOFTWARE FOR ANY PURPOSE. ALL SUCH SOFTWARE, DOCUMENTS AND RELA TEO GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.

TEXDS AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES ANO CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON­INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED IN THE SOFTWARE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDEO TO THE INFORMATION HEREIN. TEXDS AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS ANO/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME. NOTHING IN THESE TERMS & CONDITIONS SHALL IN ANY WAY BE DEEMED OR CONSTRUED TO MODIFY OR AMEND THE LIMITED WARRANTIES RELATED TO THE TEXDS PRODUCTS.

Notice Specific to Use of Software, Logos and Trademarks

Software, Logos, and trademarks are subject to the following terms & conditions. The software, logos and trademarks are proprietary to TexDS®. Permission to use software, logos and trademarks is granted provided that these images are used only related to the sale and promotion of TexDS branded products. You may not sell, lease, or distribute these images to others. You may not copy or alter any portion of this software, logos or images, (except that you may re-size the logo or image to fit your particular graphic need). You may not use any TexDS logo to represent yourself or your company as being affiliated with, recommended by or certified by TexDS. TexDS requires that you include the following language on any marketing, promotional, advertising, or other use of TexDS logos and trademarks, anywhere they are used: “An Independent [INSERT PROFESSION], not an Employee or Agent of TexDS® Limited Liability Corporation.” You agree to use the logos and trademarks only in a manner consistent with the principles of trademark usage.

Proprietary Rights

Our policy is to comply with all intellectual property laws and to act quickly upon receiving any notice of claimed infringement and/or upon receiving any information about misrepresentation of TexDS® property. All logos and trademarks are unique and are the exclusive property of TexDS. You agree to TexDS ownership of software, logos and trademarks obtained from TEXDS software, and you agree not to challenge the validity of or TexDS’ title to the software, logos, and trademarks, and not to oppose or petition to cancel any application filed or registrations received for TexDS’ software, logos and trademarks. All rights created by or arising from the use of the software, logos and trademarks shall be and remain the sole and exclusive property of TexDS. Any attempt to register or claim rights of the software, logos and trademarks contained herein or as a part of another mark in the United States or foreign jurisdiction without TexDS permission may constitute copyright infringement This agreement does not allow you any intellectual property rights in the software, logos or trademarks, or to any patent, trademark, copyrights or intellectual property rights owned by or licensed by TexDS. If you believe that your work has been reproduced in this software without your permission or in a manner that constitutes copyright infringement, please let us know immediately by contacting us at www.TexDS.com.