Terms and Conditions Of Use
2. Trademark: tylerpaper.com, Tyler Morning Telegraph, Tyler Morning Telegraph E-Edition (digital newspaper replica), etfinalscore.com, fitcitytyler.com and focusinon.me are trademarks and service marks of T.B. Butler Publishing Company and/or Tylerpaper.com, Ltd.. All rights reserved. These marks and all associated graphics, logos and trade dress are property of T.B. Butler Publishing Company and/or Tylerpaper.com, Ltd. and may not be duplicated or used without its prior written consent. All other trademarks and service marks appearing on this website are the property of their respective owners and may not be duplicated or used without the prior written consent of such owners.
3. Personal Use: User agrees to access and use this website only for personal use, and not to reproduce, duplicate, copy, sell, resell or exploit this website for any commercial purpose.
4. Limitation of Liability: Use of this website is at User's sole risk. Tyler Paper does not warrant that this website will be uninterrupted, secure or error-free; nor does Tyler Paper make any warranty (express or implied) as to the results that may be obtained from the use of this website, or as to the accuracy, reliability, or currency of any information, content, service, or product provided through this website.
5. USE OF THIS WEBSITE IS ON AN "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS. TYLER PAPER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TYLER PAPER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TYLER PAPER SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY TYLER PAPER NOR ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.
6. In no event shall Tyler Paper or any other party involved in creating, producing, or distributing this website be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use this website, including but not limited to reliance by a User on any information obtained from or through this website or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to Tyler Paper's records, programs, or services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by applicable law.
7. The foregoing disclaimers and limitations of liability shall, without limitation, specifically apply to information concerning companies, stock quotes, investments and securities. Tyler Paper does not guarantee the accuracy of such information, and such information is not intended for trading or investing purposes. In no event shall Tyler Paper be responsible or liable for the accuracy, usefulness or availability of any such information obtained through this website or for any trading or investment decisions made based on such information.
8. Content: Some of the content available through this website is provided by third parties. Any opinions, advice, statements, services, offers, or other information made available by third parties are those of the respective authors or distributors and not of Tyler Paper. Neither Tyler Paper nor its affiliates, nor any of their officers, directors, employees, or agents, guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. Tyler Paper neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on this website by anyone other than authorized representatives of Tyler Paper. Under no circumstances shall Tyler Paper, or its affiliates, or any of their officers, directors, employees, or agents be liable for any loss, damage or harm caused by a User's reliance on information obtained through this website.
9. Dealings with Advertisers and Other Third Parties: User agrees that Tyler Paper shall not under any circumstances be responsible for any dealings between User and advertisers or other third parties. Tyler Paper shall not be liable for any loss or damage of any kind suffered by any User as a result of any transactions, dealings or communications between User and any advertiser or any other third party.
10. Compliance with Laws: User agrees to comply with all local, state, national and international laws, rules and regulations, and to use this website only for lawful purposes. Without limiting the generality of the foregoing, User specifically agrees to comply with all applicable treaties and laws regarding the transmission of technical data exported from the United States or the country in which the User resides. User agrees to indemnify and hold harmless Tyler Paper from any claims, losses, damages or liabilities arising out of User's violation of any applicable laws.
11. Termination of Access: Tyler Paper may from time to time terminate, suspend or otherwise block any User's access to all or any part of this website, without notice, and with or without cause.
12. Use by Children: Tyler Paper cannot prohibit minors from visiting this website. Tyler Paper relies on parents, guardians and those responsible for supervising children under 18 to decide which materials are appropriate for such children to view and/or purchase. Purchases may be made through this website only by individuals 18 years of age or older. EACH TIME YOU PURCHASE A PRODUCT THROUGH THIS WEBSITE, YOU ARE REPRESENTING TO TYLER PAPER THAT YOU ARE 18 YEARS OF AGE OR OLDER.
13. Applicable Law: This website is created and controlled by Tyler Paper in the State of Texas. The laws of the State of Texas shall govern these Terms and Conditions of Use, without giving effect to any principles of conflicts of laws. User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of Texas and of the United States of America located in the State of Texas, County of Smith, for any litigation arising out of or relating to use of this website or any purchase made through this website (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to venue in Smith County, Texas and agrees not to plead or claim in any Texas Court that such litigation brought therein has been brought in an inconvenient forum.
14. Miscellaneous Terms. The provisions of these Terms and Conditions of Use are intended to be severable. If for any reason any provision of these Terms and Conditions of Use shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
a. By purchasing any Merchandise, Services or any other products offered via the tylerpaper.com web sites, you acknowledge and agree that your credit or debit card is being charged by the payment processor of tylerpaper.com or its Vendor, the operator of such product or service. For purposes of this Agreement, such payment processor will be referred to as a "Vendor."
b. By utilizing a credit or debit card for purchase of any Services or any other applicable products offered via tylerpaper.com, you authorize tylerpaper.com to charge such card on the periodic basis as specified (e.g., once per month for monthly Services) in the amount described on the applicable Service or Services' purchase path(s). In the event that tylerpaper.com is unable to process charges to your primary credit or debit card on such periodic basis or in such amount, you authorize tylerpaper.com to charge an alternative card saved in the Payment Profile section of your tylerpaper.com membership account.
c. If the account number, expiration date or other information of any credit or debit card account associated with your subscription Service changes, tylerpaper.com recommends that you update it as soon as possible. Please also be aware, tylerpaper.com may acquire this current information from our financial services partner and update the Payment Profile section of your tylerpaper.com membership account to include such revised payment information.
17. Billing and Automatic Renewal Policies for Certain Subscription Services: For certain Services billed on a monthly basis (e.g., tylerpaper.com digital membership services) your subscription will automatically renew monthly unless you cancel your Service prior to the beginning of the next applicable billing period. The primary credit or debit card you have stored in the Payment Profile section of your tylerpaper.com membership will be charged on or about the same date each month of your membership. If tylerpaper.com is unable to process these charges to your primary credit or debit card, an alternative card stored in the Payment Profile section of your tylerpaper.com membership may be charged. In the event tylerpaper.com discontinues or significantly alters a Service that you have purchased with automatic renewal, tylerpaper.com (i) will notify you via the email address provided at purchase, (ii) may provide information about similar or new Services available via the tylerpaper.com web sites and (iii) reserves the right to cancel the applicable Service. If you wish to cancel your monthly Service, you may cancel your monthly membership in its entirety by logging in to your tylerpaper.com membership account and following the applicable instructions. In no event will tylerpaper.com provide partial or pro-rated refunds. See below for details.
18. UNLESS YOU NOTIFY US BEFORE THE BEGINNING OF THE NEXT APPLICABLE BILLING (AND RENEWAL) PERIOD THAT YOU WISH TO CANCEL ANY AUTOMATICALLY RENEWING SERVICE, YOU UNDERSTAND YOUR MEMBERSHIP WILL AUTOMATICALLY RENEW AND YOU AUTHORIZE TYLERPAPER.COM (WITHOUT NOTICE TO YOU) TO COLLECT THE APPLICABLE MEMBERSHIP FEE USING ANY CREDIT OR DEBIT CARD SAVED IN THE PAYMENT PROFILE SECTION OF YOUR TYLERPAPER.COM MEMBERSHIP ACCOUNT.