Last updated June 27, 2007
This website is provided by The Tuscan on Walnut Creek (collectively referred to as "The Tuscan on Walnut Creek"). The Tuscan on Walnut Creek is a LLC licensed and operating in the state of Texas.
You Agree to These Terms by Using this Site
Limitations of Use
The information and materials on this website are provided for general informational purposes. You may use this site solely for the purpose of learning about and/or purchasing The Tuscan on Walnut Creek services and products, or for your personal use of any tools and downloads available on this site. You may not use, reproduce or distribute the text, graphics, downloads, tools or any other content on this website for any commercial, non-commercial or any other purpose not outlined in this agreement.
Disclaimer of Warranties
ALL CONTENT IS SUBJECT TO CHANGE AND IS PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Without limiting the foregoing, The Tuscan on Walnut Creek neither warrants nor represents that your use of any Content will not infringe the rights of any third parties nor that the Content will be accurate, complete or up-to-date. Additionally, with reference to any discussions, chats, postings, transmissions, bulletin boards, and the like that may be on the Site, The Tuscan on Walnut Creek assumes no responsibility or liability arising from any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or 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, contained in any such locations on the Site.
Exclusion of Liability
YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER The Tuscan on Walnut Creek, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR ITS CONTENT, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR CONTENT WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Please note that some jurisdictions may not allow the exclusion of certain damages, so some of the above exclusions may not apply to you.
Third Party Disclaimer
The Tuscan on Walnut Creek may provide hyperlinks to third party websites or other resources solely for your convenience. The Tuscan on Walnut Creek does not control, and is not responsible for, the content or privacy policies on, or the security of, such sites. Without limiting the foregoing, The Tuscan on Walnut Creek specifically disclaims any responsibility if such sites:
· infringe any third party's intellectual property rights;
· are inaccurate, incomplete or misleading;
· are not merchantable or fit for a particular purpose;
· do not provide adequate security;
· contain viruses or other items of a destructive nature; or
· are libelous or defamatory.
Neither does The Tuscan on Walnut Creek endorse the content, or any products or services available, on such sites. If you visit such sites or establish a link to such sites or the Site, you do so at your own risk and without the permission of The Tuscan on Walnut Creek.
Any Content downloaded by you from this website, including, without limitation, any files, images incorporated in or generated by the software, and data accompanying the software (collectively referred to as the "Content") is licensed to you by The Tuscan on Walnut Creek. Downloading the Content does not transfer title to the Content, or any intellectual property rights therein, to you. You may not redistribute or sell the content.
This website contains copyrighted materials, animations, photographs, images, videos, footage, text, music, and sounds (collectively referred to as the "Content") which is owned by The Tuscan on Walnut Creek or its licensors. It is illegal to duplicate, download or distribute any Content from this Site except for your use. You may not use photos or images of people or identifiable entities in any manner that suggests the endorsement or association of any product or service or in connection with any pornographic or immoral materials.
If you believe that content appearing on the Site constitutes copyright infringement of another party's rights, please contact us at (817)842-9050.
Software and other materials from this Site may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this Site may be downloaded or exported:
· into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.
The Tuscan on Walnut Creek does not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Laws.
Revisions to the Terms
Law and Jurisdiction