Terms of Use
Definitions
- “Oquendo & Company,” “the Company”
- Oquendo & Company, a Texas limited liability company.
- “You”
- The person or entity using this Site, and, where a request has been placed, the person or entity placing the request.
- “Site”
- This public website and everything the Company makes available on it.
1Acceptance & Scope
These Terms of Use (the “Terms”) govern your access to and use of this public website and all content, records, compilations, editions, and marks the Company makes available on it (collectively, the “Site”), provided by Oquendo & Company (the “Company”). By accessing or using the Site, you agree to these Terms; if you do not agree, do not use the Site. You represent that you are at least 18 years old.
These Terms govern use of the public Site only. Any paid request is offered solely under a separate written agreement furnished at the time of the request. Nothing on the Site is an offer to contract and nothing here entitles you to, or forms a contract for, any request.
2Nature of the Site — Statements of Opinion
Oquendo & Company compiles the Texas Infrastructure Ledger — dated compilations of the filed public record — and applies to them deterministic criteria published in advance at /therecord. Each Extract the Company issues states only what was on file with a named authority as of a stated timestamp, cites the primary document, and carries its exclusions on its face. No Extract the Company issues states, estimates, or implies the physical capacity, headroom, thermal rating, or deliverability of any facility or system, and no Extract the Company issues states when service will be available. No Extract the Company issues is financial, investment, engineering, insurance, legal, or other professional advice, nor a recommendation to take or refrain from any action, and they are not a guarantee, warranty, or assurance of any outcome, condition, or future performance.
NO EXTRACT THE COMPANY ISSUES IS AN APPRAISAL OR STATES ANY OPINION OF VALUE, AND NO EXTRACT THE COMPANY ISSUES IS THE PRACTICE OF ENGINEERING. NO ENGINEERING JUDGMENT, DESIGN, SURVEY, OR CERTIFICATION IS OFFERED OR IMPLIED, AND NO EXTRACT THE COMPANY ISSUES EVALUATES, DESIGNS, OR CERTIFIES THE ADEQUACY, SAFETY, OR FITNESS OF ANY FACILITY, SYSTEM, OR WORKS.
The Company’s records are produced with the material assistance of an automated system, and findings are determined by the deterministic rules published at /therecord.
3No Reliance
Each record reflects information on file as of its stated date and may change without notice. Each is issued for general information only.
NO PERSON MAY RELY ON ANY EXTRACT OR OTHER MATERIAL PUBLISHED ON THE SITE AS THE BASIS FOR ANY DECISION, AND OQUENDO & COMPANY OWES NO DUTY OF CARE TO ANY READER OR OTHER PERSON.
This provision governs the public Site and its published records. A report issued under a paid request is a separate publication, issued to the party who requests it on the terms of the agreement for that request; its scope of reliance is stated in Standing & Reliance.
4Corrections
If the Company identifies an error in the public record it cited, the Company may publish a corrected edition speaking as of a new stated date. A correction is a re-publication, not a revision of what came before: each edition speaks only as of its own date. Nothing in this creates a duty to monitor, update, or supplement any edition the Company has already issued.
5License & Intellectual Property
The Site, including all text, records, methodologies, compilations, and marks, is owned by Oquendo & Company and protected by intellectual-property and trade-secret law. Subject to these Terms, the Company grants you a limited, revocable, non-exclusive, non-transferable license to view the Site for your internal, non-commercial reference. You may not copy, redistribute, resell, publicly display, frame, scrape, data-mine, reverse-engineer, or create derivative works from the Site, or use it to train any model, except as expressly authorized in writing.
6Acceptable Use
You agree not to (a) access the Site by automated means except a conforming search-engine crawler; (b) interfere with or probe the Site’s security or infrastructure; (c) misrepresent any record or strip it of its date, context, or disclaimers; or (d) use the Site in violation of any law.
7Disclaimer of Warranties
THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. OQUENDO & COMPANY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY EXTRACT OR OTHER MATERIAL PUBLISHED ON THE SITE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE.
8Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, OQUENDO & COMPANY AND ITS MEMBERS, OFFICERS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS, ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OQUENDO & COMPANY’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).
This Section governs the public Site. Liability for a paid request is governed by the agreement for that request. Nothing in this Section limits liability that cannot be limited under Texas law, including under Tex. Bus. & Com. Code ch. 17.
9Governing Law & Venue
These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules. Subject to Section 10, the exclusive venue for any dispute is the state or federal courts located in Texas, and you consent to their personal jurisdiction.
10Dispute Resolution — Arbitration & Class Waiver
ANY DISPUTE ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS WILL BE RESOLVED BY FINAL AND BINDING INDIVIDUAL ARBITRATION GOVERNED BY THE FEDERAL ARBITRATION ACT, ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES — OR, WHERE THE CLAIMANT IS A NATURAL PERSON USING THE SITE FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES, ITS CONSUMER ARBITRATION RULES — AND SEATED IN TEXAS. YOU AND OQUENDO & COMPANY WAIVE ANY RIGHT TO A JURY TRIAL AND ANY RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. If the American Arbitration Association is unavailable, a court may appoint an administrator or arbitrator under 9 U.S.C. § 5. Either party may seek injunctive relief in court to protect intellectual property. You may opt out of this Section by written notice to the address below within 30 days of first accepting these Terms. If the class, collective, or representative-action waiver is held unenforceable as to any claim, this entire Section 10 is void as to that claim only, which then proceeds in the courts identified in Section 9; the remainder of this Section stays in force.
11Changes
The Company may modify these Terms by posting a revised version bearing a new version identifier and effective date. A revision applies only prospectively; your continued use of the Site after the stated effective date constitutes acceptance of the revised version. The Company retains each superseded version and will furnish it on request.
12General
If any provision is held unenforceable, the remainder stays in effect and the unenforceable provision is reformed to the minimum extent necessary. These Terms are the entire agreement regarding the Site and supersede prior understandings. No waiver is implied by any failure to enforce. You may not assign these Terms; the Company may. The disclaimers and limitations survive termination.
13Contact
Oquendo & Company — contact@oquendoandco.com.
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