Where High Performance meets Higher Standards
Limitation of Liability
TDM ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS WEB SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THIS WEB SITE. IN NO EVENT SHALL TDM OR ANY THIRD-PARTY PROVIDERS AND DISTRIBUTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (A) ANY USE OF THIS WEB SITE OR CONTENT FOUND HEREIN, (B) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR RESERVATIONS OR TICKETING) OR (C) THE PERFORMANCE OR NON PERFORMANCE BY DSL OR ANY THIRD-PARTY PROVIDERS AND DISTRIBUTORS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
IF, NOTWITHSTANDING THE FOREGOING, DSL OR ANY THIRD-PARTY PROVIDERS OR DISTRIBUTORS SHOULD BE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF, OR IS IN ANY WAY CONNECTED WITH, ANY OF THE ABOVE-DESCRIBED FUNCTIONS OR USES OF THIS WEB SITE OR ITS CONTENT, THE LIABILITY OF TDM, INCLUDING ANY ONE OR MORE OF ITS THIRD-PARTY PROVIDERS AND DISTRIBUTORS, SHALL IN NO EVENT EXCEED $100.
You agree to defend, indemnify and hold harmless TDM and any third-party providers and distributors and their officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by or on your behalf in excess of the liability described herein or by third parties as a result of your use of this Web Site.
These Terms and Conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
The laws of the State of TEXAS, United States of America, shall govern this Agreement and its performance. You consent and submit to the exclusive jurisdiction of the state and federal courts located in HOUSTON, TX United States of America, in all questions and controversies arising out of or related to your use of the Web Site and this Agreement.
Links to Other Web Sites
This Web Site may contain links to other Web sites. These links are provided solely as a convenience to you and are not endorsed by TDM and/or its third-party providers or distributors. TDM and/or its third-party providers or distributors shall not be responsible for the content of any other Web sites and make no representation or warranty regarding any other Web sites or the contents or materials on such Web sites. If you decide to access other Web sites, you do so at your own risk.
Modification of These Terms and Conditions
TDM reserves the right to change the terms, conditions, and notices under which this Web Site is offered.
These Terms and Conditions constitute the entire Agreement between you and DSL relating to your use of the Web Site, at any time and in any way, and supersede any prior understandings or agreements between you and DSL relating to such use, whether electronic, oral, or written.