Terms of Service

Last Updated August 11, 2017

This version of the Terms of Use Agreement (the “Agreement”) supersedes all earlier versions, and comprises the entire agreement between you and Texas Made Sports Development, Inc., a Texas corporation, dba Chaparral Ice (“Chaparral”). For purposes of this Agreement, Chaparral may be referred to as the “Company,” “us,” “we,” or “our.” We reserve the right, at our sole discretion, to change, modify, add, or delete portions of this Agreement without providing notice. Any changes to this Agreement will be posted on this page and indicated by the revision date at the top of the Agreement. Your continued use of the website after any such changes have been made constitutes your acceptance of the new Agreement. It is your responsibility to regularly check the website to determine if changes have been made to this Agreement.

1. Terms

By accessing our website at www.chaparralice.com, you are agreeing to be bound by these Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trade mark law.

As a user of this website, you agree that you will only access the materials for your personal, non-commercial, transitory viewing and/or use. You may not use the materials in any matter inconsistent with this Agreement or applicable law, and you may not copy, modify or alter the materials without Chaparral’s express prior written consent. You may not use the materials for any commercial purpose, or for any commercial or non-commercial public display. You may not attempt to decompile or reverse engineer any software contained on the website. You may not remove any copyright or other proprietary notations from the materials. You may not transfer the materials to another person or “mirror” the materials on any other server.

2. Disclaimer

The materials on our website and the programs provided are provided “as is” and “with all faults”. We make no warranties, expressed or implied, and hereby disclaim and negate all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, title, or non-infringement of intellectual property or other violation of rights. Further, we do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on our website or the programs you attend or otherwise relating to such materials or on any sites linked to this site. The website could include technical, typographical, or photographic errors, and we do not warrant the accuracy, completeness, or currency of the same. Chaparral may, as its sole discretion, with or without notice, terminate or substantially alter its programs at any time, change program rules, benefits, conditions of participation, the goods or services offered, introduce or change rewards programs, and void all prior agreements, for any participant or all participants in any program, at any time.

3. Limitations

In no event shall we be liable for any damages (including, without limitation, consequential, special, incidental, direct, indirect, exemplary, or punitive damages or damages for loss of data or profit, breach of our online privacy policy, breach of these Terms of Use, or due to business interruption) arising out of the use or inability to use the materials on our website, our use of information you provide, the products or programs offered or sold to you, or any other claim you may have, even if we or our authorized representative has been notified orally or in writing of the possibility of such damage and regardless of the theory of liability giving rise to such claim whether negligence, contractual, tort, strict liability or otherwise, including for any modifications to the materials or products being offered. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

4. Links

We have not reviewed all of the sites linked to our website and are not responsible for the contents of any linked site. Your correspondence or business dealings with, or participation in promotions of, marketing partners or other third parties found on our website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such marketing partner or other third party, and are entered into at your own risk. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such marketing partners or other third parties on our website or located through the use of our website. You further acknowledge that we are not responsible for the availability, appropriateness, or accuracy of those marketing partners or third parties’ websites or resources, and do not endorse any content, advertising, products, or other materials on or available from such websites or resources.

5. Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel registrations for any reason. This may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to, or cancel an order, we may attempt to notify you by contacting the email, billing address, or phone number provided at the time the order was made.

You agree to provide current, complete and accurate purchase and account information for all purchases made on our website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

6. Governing Law

Any claim relating to our website shall be governed by the laws of the State of Texas without regard to its conflict of law provisions.

7. Indemnity

You agree to indemnify and hold us and our officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries and third-party partners harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of the breach of your representations and warranties or this Agreement or the documents it incorporates by reference, your use of our website and attendance at our programs, and your violation of any law, statute, ordinance, regulation, or the rights of a third party.

8. Severability

If any provision of this Agreement is found to be invalid by a court of competent jurisdiction, you and the Company nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of this Agreement will remain in full force and effect.

9. Disclosures; Violations

For questions or suggestions regarding this policy, or information regarding a violation of the provisions herein, please contact us as follows:

Chaparral Ice 

info@chaparrallice.com

2525 Anderson Ln.

Austin, TX 78757

10. Waiver; Entire Agreement

The failure of us to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

This Agreement and any policies or operating rules posted by us on this site or in respect to the materials, programs, or products we provide constitutes the entire agreement and understanding between you and us, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of this Agreement).