General Terms and Conditions

ACCEPTANCE • Sec. 1: (a) This Warehouse Receipt and rate quotation, including accessorial charges, must be accepted within 30 days from the date submitted by Warehouseman, as evidenced by Depositor’s signature on the Warehouse Receipt. In the absence of written acceptance, the act of tendering the Property described in the Warehouse Receipt for storage or other services to be provided by Warehouseman within 30 days from the Warehouse Receipt date shall constitute such acceptance by Depositor. (b) In the event that Property tendered for storage or other services do not conform to the description contained in the Warehouse Receipt, or conforming goads are tendered more than 30 days after the proposal date without prior written acceptance by Depositor as provided in part (a) of this section, Warehouseman may refuse to accept such Property. If Warehouseman accepts such Property, Depositor agrees to such rates and charges as may assessed and invoiced by Warehouseman and to all terms and conditions of the Warehouse Receipt (c) This agreement may be terminated by either party upon 30 days written notice and shall automatically terminate if no storage or other services are performed under this agreement for a period of 180 days. In the event this agreement is terminated after Property is delivered to Warehouseman, Depositor shall promptly, but in no event more than 30 days after notice of termination is delivered, pay all monies due under the Warehouse Receipt and remove the Property from the Warehouse. SHIPPING • Sec. 2: Depositor agrees not to ship Property to Warehouseman as a named consignee. If Property are shipped to Warehouseman as named consignee, Depositor agrees to notify the carrier of the Property in writing prior to such shipment that Warehouseman named as consignee is a solely a Warehouseman and has no actual or beneficial title or ownership interest in the shipped Property, and Depositor further agrees to indemnify and hold harmless Warehouseman from any and all claims for unpaid transportation charges, including undercharges, demurrage, detention, or any other charges of any nature assessed in connection with the shipment of such Property, with a copy of such notice to be sent to Warehouseman. Depositor further agrees that if it fails to notify carrier as required by this preceding sentence, Warehouseman shall have the right to refuse such Property and shall not be liable or responsible for any loss, injury, or damage of any nature to, or related to, such Property. All trucks inbound and outbound must be CSA 2010, or its equivalent or successor standard, approved. TENDER FOR STORAGE Sec. 3: All Property for storage shall be delivered at the Warehouse properly marked and packaged for handing. Depositor shall furnish at or prior to delivery of the Property a manifest showing marks, brands, or sizes to be kept and accounted for separately, and the class of storage and other services desired. Any invoice discrepancies must be reported in writing within 30 days of date of invoice. STORAGE PERIOD AND CHARGES • Sec. 4: (a) All charges for storage are per package or other agreed unit per month as set forth in the Warehouse Receipt. (b) Storage charges begin to accrue on the date that Warehouseman accepts care, custody and-control of the Property, regardless of the unloading date or date of issue of the Warehouse Receipt (c) Except as provided in paragraph (d) a full month’s storage charge will apply to all Property in storage on the first day of the next and succeeding calendar months. All storage charges are due and payable on the first day of storage for the initial month and thereafter on the first day of the calendar month (o) When mutually agreed by the Warehouseman and the Depositor, a storage month shall extend from a date in one calendar month to, but not including the same day of the next and, all succeeding months. (f) Packing, crating, loading, and unloading charges shall be separate from and distinct from storage charges. TRANSFER, TERMINATION OF STORAGE, REMOVAL OF PROPERTY – Sec. 5: (a) Instructions to transfer Property on the books of the Warehouseman are not effective until delivered to and accepted by Warehouseman, and all charges up to the time transfer is made are chargeable to and payable by the Depositor. If a transfer involves re-handling the Property, such re-handling will be subject to a charge. When Property in storage is transferred from one party to another through the issuance of a new Warehouse Receipt, a new storage date is established on the date of transfer. (b) Warehouseman reserves the right to move, at Warehouseman’s expense, 14 days after notice is sent by certified mail or registered mail to Depositor, or to the last known holder of if this is a negotiable Warehouse receipt, any Property in storage from the Warehouse in which they may be stored to any other of Warehouseman’s Warehouses. Warehouseman will store the Property at and may without notice move the Property within and between, any one or more of the Warehouse buildings which comprise the Warehouse complex identified on the Warehouse Receipt. (c) Warehouseman may, upon written notice to Depositor and any other person known by the Warehouseman to claim an interest in the Property, require the removal of any Property by the end of the next succeeding storage month. Such notice shall be given to the last known place of business or abode of the person to be notified. If Property is not removed before the end of the next succeeding storage month, Warehouseman may sell said Property, in accordance with applicable law. (d) If Warehouseman in good faith believes that the Property are about to deteriorate or decline in value to less than the amount of the storage and other charges owed by Depositor before the end of the succeeding storage month, Warehouseman may specify in the notification any reasonable shorter time for removal of the Property and in case the Property are not removed. may sell them at a public sale to be held one week after a single advertisement or posting as provided by law. (o) If as a result of a quality or condition of the Property of which Warehouseman had no notice at the time of delivery of the Property are a hazard to other property or to the Warehouse or to persons, Warehouseman may sell the Property at public or private sale without advertisement on reasonable notification to all persons known to claim an interest in the Property. If Warehouseman after a reasonable effort is unable to sell the Property Warehouseman may dispose of the Property in any lawful manner and shall incur no liability by reason of such disposition. Pending such disposition, sale or return of the Property, Warehouseman may remove the Property from the Warehouse and shall incur no liability by reason of such removal. HANDLING • Sec. 6: (a) A handling charge will be assessed and collected for all labor involved in receiving and unloading Property at Warehouse door, placing Property in storage, crating and loading Property at the time they leave the Warehouse. Handling charges are due and payable on receipt of Property and at the time Property are removed from the Warehouse. (b) Unless otherwise agreed to by the parties, all labor for all crating, unloading, and loading of Property will be subject to a charge. All additional expenses incurred by Warehouseman in receiving and handling damaged Property, and in unloading from or loading into cars or other vehicles not the Warehouse door will be charged to the Depositor. (c) Labor and materials used in loading rail cars or vehicles will be charged to Depositor. (d) When Property are ordered out in quantities less than received, Warehouseman may assess an additional charge for each order or each item of an order. (e) The Warehouseman shall not be liable for demurrage or detention, delays in unloading inbound cars, trailers or other containers, or delays in obtaining and loading cars, trailers, or ether containers for outbound shipment unless the demurrage, detention, or delay is solely caused by any wrongful act or omission of Warehouseman, subject to the liability limitations set forth herein. DELIVERY REQUIREMENTS · Sec. 7: (a) No Property shall be delivered or transferred except upon receipt by Warehouseman of complete written instructions. Written instructions shall include. but are not limited to, both “hard-copy” communication and electronic or facsimile transmissions or similar communication means. Warehouseman shall have no liability to depositor when relying on the information contained in the communication as received. However, when no negotiable Warehouse receipt is outstanding, Property may be delivered upon instruction by telephone in accordance with a prior written authorization, but Warehouseman shall not be responsible for loss or damage occasioned thereby. (b) When a negotiable Warehouse receipt has been issued no Property covered by that receipt shall be delivered, or transferred on the books of Warehouseman, unless the receipt properly endorsed, is surrendered for cancelation, or for endorsement of partial delivery thereon. If a negotiable receipt is lost or destroyed, delivery of Property may be made only on the order of a court of competent jurisdiction and the posting of security approved by the court as provided by law. (c) When Property are ordered out, a reasonable time shall be given Warehouseman to carry out instructions. And if Warehouseman is unable because of acts of God, war, public enemies, seizure under legal process, strikes, lockouts, riots and civil unrest, or any reason beyond the Warehouseman’s control or because of loss or destruction of Property for which Warehouseman is not liable, or because of any other excuse provided by law, Warehouseman shall not be liable for failure to carry out such instructions and Property remaining in storage will continue to be subject to regular storage charges. EXTRA SERVICES (SPECIAL SERVICES) – Sec. 8: (a) Warehouse labor required for services other than ordinary handling and storage will be charged to Depositor. (b) Special services requested by Depositor including but not limited to compiling of special stock statements, reporting. marked weights, serial numbers, or other data from packages; physical check of Property; and handling transit billing will be subject to a charge. (c) Dunnage, bracing, packing materials or other special supplies may be provided for Depositor at a charge in addition to the Warehouseman’s cost (d) By prior agreement between Warehouseman and Depositor. Property may be received or delivered during other than usual business hours, subject to a charge to be agreed upon by the parties. (e) Communication expenses including postage, teletype, telegram, or telephone will be charged to Depositor if such involve more than normal inventory reporting or if, at the request of Depositor, communications are made by other than regular United States Mail. BONDED STORAGE • Sec. 9:(a) A charge in addition to regular rates will be made for merchandise in bond. (b) When a Warehouse receipt covers Property in U.S. Customs bond, such Warehouse receipt shall expire upon the termination of the storage period fixed by law.

MINIMUM CHARGES• Sec. 10: (a)A minimum handling charge per lot and a minimum storage charge per lot per month will be made. When a Warehouse receipt covers more than one lot or when a lot is an assortment, a minimum charge per mark, brand or variety will be made. (b) A minimum monthly charge to one account for storage and/or handing will be made. This charge will apply also to each account when one customer has several accounts, each requiring separate records and billing. LIMITATION OF LIABILITY AND DAMAGES • Sec. 11: (a) WAREHOUSEMAN SHALL NOT BE LIABLE FOR ANY LOSS OR INJURY, HOWEVER CAUSED, TO PROPERTY STORED UNLESS SUCH LOSS OR INJURY RESULTED FROM THE FAILURE BY WAREHOUSEMAN TO EXERCISE SUCH CARE AS A REASONABLY PRUDENT WAREHOUSEMAN WOULD EXERCISE UNDER LIKE CIRCUMSTANCES AND WAREHOUSEMAN IS NOT LIABLE FOR DAMAGES WHICH COULD NOT HAVE BEEN AVOIDED BY THE EXERCISE OF SUCH CARE. (b) WAREHOUSEMAN HAS NO OBLIGATION OR DUTY TO INSURE ANY STORED PROPERTY AGAINST LOSS OR INJURY HOWEVER CAUSED. (C) THE PARTIES HEREBY AGREE THAT IN ANY INSTANCE OF LOSS OR DAMAGE TO ANY STORED PROPERTY FOR WHICH WAREHOUSEMAN MAY BE HELD LIABLE, DEPOSITOR’S DAMAGES SHALL BE LIMITED TO THE COST OF REPAIR, OR IF A TOTAL LOSS, THE FAIR MARKET VALUE OF THE DAMAGED PROPERTY AT THE TIME OF THE LOSS, AND UNDER NO CIRCUMSTANCES SHALL WAREHOUSEMAN BE LIABLE TO DEPOSITOR FOR ANY ADDITIONAL, CONSEQUENTIAL, LOSS OF USE, EXEMPLARY OR PUNITIVE, OR OTHER DAMAGES ARISING FROM ANY SUCH DAMAGE OR LOSS. (d) WHERE LOSS OR INJURY OCCURS TO STORED PROPERTY FOR WHICH WAREHOUSEMAN IS NOT LIABLE, THE DEPOSITOR SHALL BE RESPONSIBLE FOR THE COST OF REMOVING AND DISPOSING OF SUCH PROPERTY AND THE COST OF ANY ENVIRONMENTAL CLEAN-UP AND SITE REMEDIATION RESULTING FROM THE LOSS OR INJURY TO THE PROPERTY. NOTICE OF CLAIM AND FILING OF SUIT – Sec. 12: (a) Claims by depositor and any other persons claiming by, through or under Depositor must be presented in writing to Warehouseman within a reasonable time, and in no event longer than either 60 days after delivery of the Property by the Warehouseman or 60 days after Depositor or the last known holder of a negotiable Warehouse receipt is notified by Warehouseman that loss or damage to part or all of the Property has occurred, whichever time is shorter: (b) No action may be maintained by Depositor or others claiming by, through or under Depositor against Warehouseman for loss or damage to the Property stored unless timely written claim has been given as provided in part (a) of this Section 12. (c) When Property have not been delivered, notice may be delivered of known loss or injury to the Property by registered or certified letter to Depositor or to the last known holder of a negotiable Warehouse receipt. Time limitations for presentation of claims in writing and maintaining of action after notice begin on the date of mailing of such notice by Warehouseman. LIABILITY FOR MISSHIPMENT • Sec. 13: If Warehouseman negligently misships Property, Warehouseman shall pay the reasonable transportation charges incurred to return the misshipped Property to the Warehouse. If the consignee fails to return the Property, Warehouseman’s maximum liability shall be as specified in Section 11. MYSTERIOUS DISAPPEARANCE • Sec. 14: Warehouseman shall not be liable for loss of Property due to inventory shortage or unexplained or mysterious disappearance of Property unless Depositor establishes such loss occurred because of Warehouseman’s failure to exercise the care required of a Warehouseman under Section 11 above. Any presumption of conversion imposed by law shall not apply to such loss and a claim by Depositor of conversion must be established by affirmative evidence that Warehouseman converted the Property to the Warehouseman’s own use. RIGHT TO STORE PROPERTY • Sec. 15: Depositor represents and warrants that Depositor is lawfully possessed of the Property and has the right and authority to store them with Warehouseman. Depositor agrees to indemnify and hold harmless Warehouseman from all loss, cost and expense (including reasonable attorney’s fees and litigation expenses) which Warehouseman pays or incurs as a result of any dispute or litigation, whether instituted by Warehouseman of others, respecting Depositor’s right, title or interest in the Property. Any such indemnified costs or expenses shall constitute monies due for storage and be subject to Warehouseman’s lien in the Warehoused Property as provided by law. ACCURATE INFORMATION • Sec. 16: Depositor will provide Warehouseman will information concerning the stored Property, which is accurate, complete, and sufficient to allow Warehouseman to comply with all laws and regulations concerning the storage, handling, and transporting of the stored goods. Depositor shall indemnify and hold Warehouseman harmless from all loss, costs, penalties, and expense (including reasonable attorneys’ fees and litigation expenses) which Warehouseman pays or incurs due to Depositor failing to fully discharge this obligation. SEVERABILITY and WAIVER • Sec. 17: (a) If any provision of the Warehouse Receipt or these Terms and Conditions, or any application thereof, should be construed or held to be void, invalid or unenforceable, by order, decree, or judgment of a court of competent jurisdiction, the remaining provisions of this agreement shall not be affected thereby but shall remain in full force and effect. (b) Warehouseman’s failure to require strict compliance with any provision of the Warehouse Receipt, or these Terms and Conditions, or any portion thereof shall not constitute a waiver of or give grounds for a claim of estoppel with regard to the same or any different provision hereunder. (c) The provisions of this Warehouse Receipt and these Terms and Conditions shall be binding upon Depositor’s heirs, executors, successors, and assigns. (d) The Warehouse Receipt and these Terms and Conditions contain the sole agreement governing Property stored by Depositor with Warehouseman; and cannot be modified except by a writing signed by Warehouseman. INSURANCE AND INDEMNIFICATION – Sec. 18: Depositor shall maintain insurance in an amount sufficient to cover all casualty loss to the Property deposited by Depositor with Warehouseman. Depositor further agrees to indemnify and hold harmless Warehouseman from any losses or damage to any property, real or personal, of Warehouseman or any third party caused in whole or in part by any condition or defect of any Property of Depositor stored pursuant to this agreement. GOVERNING LAW, JURISDICTION AND VENUE – Sec. 19: Depositor and Warehouseman hereby agree that the Warehouse Receipt and these Terms and Conditions and any dispute arising hereunder shall be governed and construed under the 1aws of the state of Texas, without regard to its choice of law provisions. Each party hereto hereby consents to the personal jurisdiction of the state of Texas with respect to any dispute arising directly or indirectly under this agreement. Each party hereto further agrees to the exclusive venue of any court of competent jurisdiction sitting in Harris County, Texas for any action arising directly or indirectly from the Warehouse Receipt and these Terms and Conditions. WAIVER OF TRIAL BY JURY-Sec. 20. EACH PARTY HEREBY EXPRESSLY AND VOLUNTARILY WAIVES ITS RIGHT TO A TRIAL BY JURY OF ANY AND ALL ACTIONS ARISING DIRECTLY OR INDIRECTLY UNDER THIS AGREEMENT. ATTORNEY’S FEES – Sec. 21: In any action arising directly or indirectly under this agreement, the prevailing party shall be entitled to recover their reasonable attorney’s fees and litigation expenses incurred in the prosecution and/or defense of any such claim. PROPERTY TAXES – Sec. 22: Depositor hereby acknowledges that it is and shall remain solely liable for any and all ad valorem, use, sales, franchise and other property taxes assessed against any Property stored pursuant to the Warehouse Receipt and these Terms and Conditions and shall indemnify and hold Warehouseman harmless from any and all claims for taxes owing or assessed against any such Property. Where required by law, Depositor shall timely and properly submit renditions of the Property stored to the proper taxing authorities. FTZ SUBZONE STORAGE Sec. 23: If all or any of the Property stored pursuant to this agreement are stored in a Foreign Trade Zone subzone granted to Warehouseman, be advised that Warehouseman has entered into a Payment in Lieu of Taxes (PILOT) agreement with various local taxing authorities whereby Warehouseman has agreed to reimburse said taxing authorities for any ad valorem or other property taxes which a depositor of Warehouseman has avoided by asserting the FTZ subzone status as an exemption from the payment of said taxes. Accordingly, in the event that Depositor asserts the FTZ subzone status as an exemption from the payment of any property taxes, including ad valorem taxes, and Warehouseman is assessed PILOT payments with regard to those avoided taxes, said PILOT charges, assessments or payments shall constitute additional storage charges owed by Depositor to Warehouseman, and shall be paid immediately upon demand. Depositor shall promptly inform Warehouseman if Depositor has asserted the FTZ subzone status as an exemption to the payment of any property taxes. INDEMNIFICATION – Sec. 24: In addition to, and without in any way waiving or diminishing any of the specific indemnifications set forth herein, Depositor hereby agrees to indemnify and hold harmless Warehouseman from any all claims, demands, causes of action and lawsuits arising directly or indirectly from Depositor’s breach, in whole or in part, of the Warehouse Receipt and these Terms and Conditions, including without limitation, actual, incidental, consequential, additional, punitive or exemplary damages, equitable relief, attorney’s fees and costs of defense, including without limitation expert and investigatory fees. Furthermore, Warehouseman hereby agrees to indemnify and hold harmless Depositor from any all claims, demands, causes of action and lawsuits arising directly or indirectly from Warehouseman’s breach, in whole or in part, of the Warehouse Receipt and these Terms and Conditions, including without limitation, actual, incidental, consequential, additional, punitive or exemplary damages, equitable relief, attorney’s fees and costs of defense, including without limitation expert and investigatory fees.

COOKIE POLICY

 

COOKIE POLICY
Last updated October 29, 2020
This Cookie Policy explains how Dixie Cullen Interests Inc. (“Company“, “we“, “us“, and “our“) uses cookies and similar technologies to recognize you when you visit our websites at https://dixiecullen.com/, (“Websites“). It explains what these technologies are and why we use them, as well as your rights to control our use of them.
In some cases, we may use cookies to collect personal information, or that becomes personal information if we combine it with other information.
What are cookies?
Cookies are small data files that are placed on your computer or mobile device when you visit a website. Cookies are widely used by website owners to make their websites work, or to work more efficiently, as well as to provide reporting information.
Cookies set by the website owner (in this case, Dixie Cullen Interests Inc.) are called “first party cookies”. Cookies set by parties other than the website owner are called “third party cookies”. Third-party cookies enable third party features or functionality to be provided on or through the website (e.g. like advertising, interactive content, and analytics). The parties that set these third party cookies can recognize your computer both when it visits the website in question and also when it visits certain other websites.
Why do we use cookies?
We use first- and third-party cookies for several reasons. Some cookies are required for technical reasons for our Websites to operate, and we refer to these as “essential” or “strictly necessary” cookies. Other cookies also enable us to track and target the interests of our users to enhance the experience on our Online Properties. Third parties serve cookies through our Websites for advertising, analytics, and other purposes. This is described in more detail below.
The specific types of first- and third-party cookies served through our Websites and the purposes they perform are described below (please note that the specific cookies served may vary depending on the specific Online Properties you visit):
How can I control cookies?
You have the right to decide whether to accept or reject cookies. You can exercise your cookie rights by setting your preferences in the Cookie Consent Manager. The Cookie Consent Manager allows you to select which categories of cookies you accept or reject. Essential cookies cannot be rejected as they are strictly necessary to provide you with services.
The Cookie Consent Manager can be found in the notification banner and on our website. If you choose to reject cookies, you may still use our website though your access to some functionality and areas of our website may be restricted. You may also set or amend your web browser controls to accept or refuse cookies. As how you can refuse cookies through your web browser controls vary from browser-to-browser, you should visit your browser’s help menu for more information.
In addition, most advertising networks offer you a way to opt out of targeted advertising. If you would like to find out more information, please visit http://www.aboutads.info/choices/ or http://www.youronlinechoices.com.

The specific types of first- and third-party cookies served through our Websites and the purposes they perform are described in the table below (please note that the specific cookies served may vary depending on the specific Online Properties you visit):

Essential website cookies:

These cookies are strictly necessary to provide you with services available through our Websites and to use some of its features, such as access to secure areas.
Name: __tlbcpv
Purpose: Used to record unique visitor views of the consent banner.
Provider: .termly.io
Service: Termly View Service Privacy Policy  
Country: United States
Type: http_cookie
Expires in: 1 year

 

Name: PHPSESSID#
Purpose: Used by PHP to identify a current user’s session. Its activity expires when a session is ended.
Provider: dixiecullen.com
Service: PHP View Service Privacy Policy  
Country: United States
Type: server_cookie
Expires in: 7 days

 

Name: PHPSESSID#
Purpose: Used by PHP to identify a current user’s session. Its activity expires when a session is ended.
Provider: www.dixiecullen.com
Service: PHP View Service Privacy Policy  
Country: United States
Type: server_cookie
Expires in: 7 days

Performance and functionality cookies:

These cookies are used to enhance the performance and functionality of our Websites but are non-essential to their use. However, without these cookies, certain functionality (like videos) may become unavailable.

 

Name: GPS
Purpose: A session cookie that registers a unique ID on mobile devices to enable tracking based on geographical GPS location. Expires after 30 minutes.
Provider: .youtube.com
Service: YouTube View Service Privacy Policy  
Country: Untied States
Type: http_cookie
Expires in: 30 minutes

 


Advertising cookies:

These cookies are used to make advertising messages more relevant to you. They perform functions like preventing the same ad from continuously reappearing, ensuring that ads are properly displayed for advertisers, and in some cases selecting advertisements that are based on your interests.

 

Name: IDE
Purpose: Used to measure the conversion rate of ads presented to the user. Expires in 1.5 years.
Provider: .doubleclick.net
Service: DoubleClick View Service Privacy Policy  
Country: United States
Type: http_cookie
Expires in: 1 year 11 months 29 days
Name: test_cookie
Purpose: A session cookie used to check if the user’s browser supports cookies.
Provider: .doubleclick.net
Service: DoubleClick View Service Privacy Policy  
Country: United States
Type: server_cookie
Expires in: 15 minutes
Name: YSC
Purpose: YouTube is a Google-owned platform for hosting and sharing videos. YouTube collects user data through videos embedded in websites, which is aggregated with profile data from other Google services to display targeted advertising to web visitors across a broad range of their own and other websites. Used by Google in combination with SID to verify Google user account and most recent login time.
Provider: .youtube.com
Service: YouTube View Service Privacy Policy  
Country: United States
Type: server_cookie
Expires in: session
Name: VISITOR_INFO1_LIVE
Purpose: YouTube is a Google-owned platform for hosting and sharing videos. YouTube collects user data through videos embedded in websites, which is aggregated with profile data from other Google services to display targeted advertising to web visitors across a broad range of their own and other websites. Used by Google in combination with SID to verify Google user account and most recent login time.
Provider: .youtube.com
Service: YouTube View Service Privacy Policy  
Country: United States
Type: http_cookie
Expires in: 5 months 27 days

 


Unclassified cookies:

These are cookies that have not yet been categorized. We are in the process of classifying these cookies with the help of their providers.

 

Name: wassup7453564f46dde486697d64c9a8555d8b
Purpose: __________
Provider: dixiecullen.com
Service: __________  
Country: United States
Type: server_cookie
Expires in: session
Name: wassup_screen_res7453564f46dde486697d64c9a8555d8b
Purpose: __________
Provider: .dixiecullen.com
Service: __________  
Country: United States
Type: http_cookie
Expires in: session

 

What about other tracking technologies, like web beacons?
Cookies are not the only way to recognize or track visitors to a website. We may use other, similar technologies from time to time, like web beacons (sometimes called “tracking pixels” or “clear gifs”). These are tiny graphics files that contain a unique identifier that enable us to recognize when someone has visited our Websites or opened an e-mail including them. This allows us, for example, to monitor the traffic patterns of users from one page within a website to another, to deliver or communicate with cookies, to understand whether you have come to the website from an online advertisement displayed on a third-party website, to improve site performance, and to measure the success of e-mail marketing campaigns. In many instances, these technologies are reliant on cookies to function properly, and so declining cookies will impair their functioning.
Do you use Flash cookies or Local Shared Objects?
Websites may also use so-called “Flash Cookies” (also known as Local Shared Objects or “LSOs”) to, among other things, collect and store information about your use of our services, fraud prevention and for other site operations.
If you do not want Flash Cookies stored on your computer, you can adjust the settings of your Flash player to block Flash Cookies storage using the tools contained in the Website Storage Settings Panel. You can also control Flash Cookies by going to the Global Storage Settings Panel and following the instructions (which may include instructions that explain, for example, how to delete existing Flash Cookies (referred to “information” on the Macromedia site), how to prevent Flash LSOs from being placed on your computer without your being asked, and (for Flash Player 8 and later) how to block Flash Cookies that are not being delivered by the operator of the page you are on at the time).
Please note that setting the Flash Player to restrict or limit acceptance of Flash Cookies may reduce or impede the functionality of some Flash applications, including, potentially, Flash applications used in connection with our services or online content.
Do you serve targeted advertising?
Third parties may serve cookies on your computer or mobile device to serve advertising through our Websites. These companies may use information about your visits to this and other websites to provide relevant advertisements about goods and services that you may be interested in. They may also employ technology that is used to measure the effectiveness of advertisements. This can be accomplished by them using cookies or web beacons to collect information about your visits to this and other sites to provide relevant advertisements about goods and services of potential interest to you. The information collected through this process does not enable us or them to identify your name, contact details or other details that directly identify you unless you choose to provide these.
How often will you update this Cookie Policy?
We may update this Cookie Policy from time to time to reflect, for example, changes to the cookies we use or for other operational, legal or regulatory reasons. Please therefore re-visit this Cookie Policy regularly to stay informed about our use of cookies and related technologies.
The date at the top of this Cookie Policy indicates when it was last updated.
Where can I get further information?
If you have any questions about our use of cookies or other technologies, please email us at info@dixiecullen.com or by post to:
 
Dixie Cullen Interests Inc.
__________
Houston, TX 77029
United States
Phone: +1 (713)-747-1101

 

 

 

 

This cookie policy was created using Termly’s Cookie Consent Manager.

Terms of Use

 

TERMS OF USE
Last updated October 28, 2020
AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Dixie Cullen Interests Inc. (“Company“, “we”, “us”, or “our”), concerning your access to and use of the https//http://www.dixiecullen.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are
granted a limited license to access and use the Site and to download or print a
copy of any portion of the Content to which you have properly gained access
solely for your personal, non-commercial use. We reserve all rights not
expressly granted to you in and to the Site, the Content, and the Marks.
USER REPRESENTATIONS
By using the Site, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse all current or future use of the Site (or any portion thereof).

PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:

 

 

1. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
2. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
3. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
4. Delete the copyright or other proprietary rights notice from any Content.
5. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
6. Use a buying agent or purchasing agent to make purchases on the Site.
7. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.

 

USER GENERATED CONTRIBUTIONS

 

 

The Site does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Site Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

 

 

1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
3. You have the written consent, release, and/or permission of every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.

 

 

CONTRIBUTION LICENSE

 

 

You and the Site agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights, or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from all responsibility and to refrain from any legal action against us regarding your Contributions.

 

SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
THIRD-PARTY WEBSITE AND CONTENT
The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

 

SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in
our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole
discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

 

PRIVACY POLICY
We care about data privacy and security. By using the Site, you agree to be bound by our Privacy Policy posted on the Site, which is incorporated into these Terms of Use. Please be advised the Site is hosted in the United States. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.

 

 

TERM AND
TERMINATION
These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME,
WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to
access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
GOVERNING LAW
These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of Texas applicable to agreements made and to be entirely performed within the State of Texas, without regard to its conflict of law principles.
DISPUTE RESOLUTION

 

Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the state and federal courts located in Harris, Texas, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.
CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other
information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
CALIFORNIA USERS
AND RESIDENTS
If any complaint
with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
Dixie Cullen Interests Inc.
8501 East Freeway
Houston, TX77029
United States
Phone: +1 (713)-747-1101
info@dixiecullen.com

 

 

 

These terms of use were created using Termly’s Terms and Conditions Generator.