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Terms and Conditions

Last Modified: July 29, 2015

Welcome to the website of T. D. Williamson, Inc. and its affiliates (collectively, the "Company", "we" or "us"). The following terms, conditions and disclosures (collectively, these "Terms of Use") govern your access to and use of tdwilliamson.com (the "Website"), including all content, features, functionality and services offered on or through the Website.

Please review these Terms of Use carefully before using any part of the Website. Your use of the Website constitutes your agreement to these Terms of Use.

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes, including, without limitation, damage limitations, warranties, applicable law and dispute resolution. It is your responsibility to check for updates to these Terms of Use whenever you use the Website. If you do not agree with these Terms of Use, your sole and exclusive remedy is to discontinue using the Website.

Intellectual Property Rights

The Website and its entire contents, features, functionality and services (including, without limitation, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by the Company, its licensors or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for legitimate business purposes relating to your role as one of our suppliers or customers or for your personal, non-commercial use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except you may print or download a reasonable number of copies of the Website for a permitted use and not for further reproduction, publication or distribution.

You must not:

  • Modify copies of any materials from this Website.
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of any materials from this Website.

You must not reproduce, sell or exploit for any commercial purpose any part of the Website, access to the Website or use of the Website, or any services or materials available through the Website, without first obtaining a written license to do so from the Company.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of these Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

You are also advised that we will aggressively enforce our intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

Copyright

The entire content of the Website is copyrighted under U.S. and other copyright laws, and we own the copyright and selection, coordination, arrangement and enhancement of all content. You must not use any copyrighted material on the Website without our prior written permission. Nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any such copyright without our prior written permission.

Trademarks

The Company name, logo and service marks, and all related names, logos, product and service names, designs and slogans, are registered and common law trademarks of the Company and its licensors (collectively, the "Trademarks"). You must not use any Trademark without our prior written permission. Nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without our prior written permission.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States of America or other countries).
  • For the purpose of exploiting or harming, or attempting to exploit or harm, minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter", "spam" or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using an email address associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage or impair the Website or interfere with any other parties' use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website, except by major search engines for their internal indexes.
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Website.
  • Introduce any virus, trojan horse, worm, logic bomb or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any part of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
  • Attack the Website via a denial-of-service (DoS) attack or a distributed denial-of-service (DDoS) attack.
  • Otherwise attempt to interfere with the proper working of the Website.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. Those materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third party.

Changes to the Website

We reserve the right to withdraw or amend all or any part of the Website in our sole discretion without notice. We may update the content on the Website from time to time, but be aware that the content may not necessarily be complete or up-to-date, and we are under no obligation to update such material. We are not liable if for any reason all or any part of the Website is unavailable at any time or for any period.

Privacy Policy

All information we collect on the Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in accordance with the Privacy Policy. We encourage you to carefully review the Privacy Policy.

Linking to the Website and Social Media Features

You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express prior written consent.

The Website may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on the Website.
  • Send emails or other communications with certain content, or links to certain content, on the Website.
  • Cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other website.
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

You agree to fully and promptly cooperate with us in the event of any violation of the foregoing. We reserve the right to withdraw any linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website

Some of the Website pages may contain hyperlinks to other websites, which are not affiliated with or under the control of the Company. As a result, the Company makes no implied warranty concerning the content of those sites. The hyperlink does not imply an endorsement, authorization, sponsorship or affiliation by the Company with the linked site, its owners or providers. The links are provided only as a convenience, and we reserve the right to terminate any link or linking program at any time. The Company has not tested the information, software and products at any linked sites. Therefore, no claim or representation is made by the Company on what is found on any linked sites. If you decide to access any of third party website linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Disclaimer of Warranties

As a visitor to and user of the Website, you assume full responsibility for any costs associated with servicing of equipment used with connection with the use of our site. As a visitor to and a user of this website, you, in effect, agree that your access will be subject to the terms and conditions set forth in this legal notice and that access is undertaken at your own risk. We shall not be liable for damages of any kind related to your use or inability to access this site.

Given the unpredictability of technology in the online environment, you understand that we cannot and do not guarantee or warrant that do not warrant that the functionality or operation of the Website will be uninterrupted or error free, that defects will be corrected, or that this website or the server that makes it available will be free of viruses, destructive code or other harmful elements. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus and other protection. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DENIAL-OF-SERVICE (DoS) ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF (OR INABILITY TO USE) THE WEBSITE OR ANY CONTENT, FEATURES OR FUNCTIONALITY OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, FEATURES AND FUNCTIONALITY AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, FEATURES OR FUNCTIONALITY OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE, ITS CONTENT, FEATURES OR FUNCTIONALITY OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT, FEATURES OR FUNCTIONALITY ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF INCOME OR PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE OR IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY CONTENT, FEATURES OR FUNCTIONALITY ON THE WEBSITE OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. If any part of the foregoing limitation on liability is found to be invalid or unenforceable for any reason, the aggregate liability of the Company under such circumstances for liabilities that otherwise would have been limited shall not exceed not one hundred dollars ($100).

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website's content, features, functionality, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of Oklahoma, United States of America, without giving effect to any choice or conflict of law provision or rule (whether of the State of Oklahoma, United States of America, or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States of America or the courts of the State of Oklahoma, and County of Tulsa, United States although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and us with respect to the Website and information that we collect and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website and information we collect.

Submissions

While we welcome your comments, feedback, ideas and suggestions regarding the Website and our products and services, do not send us any information that is confidential, proprietary or otherwise subject to the rights of any third party. Please note that all of your submissions shall become and remain the property of the Company. Any such disclosure or such submission from you is the declaration of the full release of all proprietary claims and/or intellectual rights regarding your submission.

Although we may from time to time monitor or review any discussions, chats, postings, transmissions, bulletin boards and the like that may appear on the Website, we are under no obligation to do so and we do not assume any responsibility or liability arising from any such content nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within such locations. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material of any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any such materials or information.

Other Jurisdictions

The Website is controlled and operated by the Company from its offices in the State of Oklahoma, United States of America. If you access the Website from other locations, you are doing so on your own initiative, at your own risk and are responsible for compliance with your local laws as governed and interpreted pursuant to the laws of the State of Oklahoma, United States of America.

Contact Us

If you need to contact us or have any questions about these Terms of Use, please contact our Legal Department:

T.D. Williamson, Inc.

Attention: Legal Department

6120 South Yale, Suite 1700

Tulsa, Oklahoma 74136

United States of America

If you have any questions about the Website, please contact:

T.D. Williamson, Inc.

6120 South Yale, Suite 1700

Tulsa, Oklahoma 74136

United States of America

Thank you for visiting the Website.

2015 © T.D. Williamson, Inc.