Terms and Conditions

Agreement between User and DFWSanta.co 

Welcome to DFWSanta.co. The DFWSanta.co website (the "Site") is comprised of various web  pages operated by DFW Santa. DFWSanta.co is offered to you conditioned on your acceptance  without modification of the terms, conditions, and notices contained herein (the "Terms"). Your  use of DFWSanta.co constitutes your agreement to all such Terms. Please read these terms  carefully, and keep a copy of them for your reference. 

DFWSanta.co is a Holiday | Christmas Site. 

Privacy 

Your use of DFWSanta.co is subject to DFW Santa's Privacy Policy. Please review our Privacy  Policy, which also governs the Site and informs users of our data collection practices. 

Electronic Communications 

Visiting DFWSanta.co or sending emails to DFW Santa constitutes electronic communications.  You consent to receive electronic communications and you agree that all agreements, notices,  disclosures and other communications that we provide to you electronically, via email and on the  Site, satisfy any legal requirement that such communications be in writing. 

Children Under Thirteen 

DFW Santa does not knowingly collect, either online or offline, personal information from  persons under the age of thirteen. If you are under 18, you may use DFWSanta.co only with  permission of a parent or guardian.

Links to Third Party Sites/Third Party Services 

DFWSanta.co may contain links to other websites ("Linked Sites"). The Linked Sites are not  under the control of DFW Santa and DFW Santa is not responsible for the contents of any  Linked Site, including without limitation any link contained in a Linked Site, or any changes or  updates to a Linked Site. DFW Santa is providing these links to you only as a convenience, and  the inclusion of any link does not imply endorsement by DFW Santa of the site or any  association with its operators. 

Certain services made available via DFWSanta.co are delivered by third party sites and  organizations. By using any product, service or functionality originating from the DFWSanta.co  domain, you hereby acknowledge and consent that DFW Santa may share such information and  data with any third party with whom DFW Santa has a contractual relationship to provide the  requested product, service or functionality on behalf of DFWSanta.co users and customers. 

No Unlawful or Prohibited Use/Intellectual Property  

You are granted a non-exclusive, non-transferable, revocable license to access and use  DFWSanta.co strictly in accordance with these terms of use. As a condition of your use of the  Site, you warrant to DFW Santa that you will not use the Site for any purpose that is unlawful or  prohibited by these Terms. You may not use the Site in any manner which could damage,  disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of  the Site. You may not obtain or attempt to obtain any materials or information through any  means not intentionally made available or provided for through the Site. 

All content included as part of the Service, such as text, graphics, logos, images, as well as the  compilation thereof, and any software used on the Site, is the property of DFW Santa or its  suppliers and protected by copyright and other laws that protect intellectual property and  proprietary rights. You agree to observe and abide by all copyright and other proprietary notices,  legends or other restrictions contained in any such content and will not make any changes  thereto.  

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create  derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.  DFW Santa content is not for resale. Your use of the Site does not entitle you to make any  unauthorized use of any protected content, and in particular you will not delete or alter any  proprietary rights or attribution notices in any content. You will use protected content solely for  your personal use, and will make no other use of the content without the express written  permission of DFW Santa and the copyright owner. You agree that you do not acquire any  ownership rights in any protected content. We do not grant you any licenses, express or implied,  to the intellectual property of DFW Santa or our licensors except as expressly authorized by  these Terms.

International Users 

The Service is controlled, operated and administered by DFW Santa from our offices within the  USA. If you access the Service from a location outside the USA, you are responsible for  compliance with all local laws. You agree that you will not use the DFW Santa Content accessed  through DFWSanta.co in any country or in any manner prohibited by any applicable laws,  restrictions or regulations. 

Indemnification 

You agree to indemnify, defend and hold harmless DFW Santa, its officers, directors, employees,  agents and third parties, for any losses, costs, liabilities and expenses (including reasonable  attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any  user postings made by you, your violation of any terms of this Agreement or your violation of  any rights of a third party, or your violation of any applicable laws, rules or regulations. DFW Santa reserves the right, at its own cost, to assume the exclusive defense and control of any  matter otherwise subject to indemnification by you, in which event you will fully cooperate with  DFW Santa in asserting any available defenses.

Arbitration 

In the event the parties are not able to resolve any dispute between them arising out of or  concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or  otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved  only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a  single neutral arbitrator and administered by the American Arbitration Association, or a similar  arbitration service selected by the parties, in a location mutually agreed upon by the parties. The  arbitrator's award shall be final, and judgment may be entered upon it in any court having  jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of  or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs  and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to  these Terms and Conditions or any disputes arising as a result of these Terms and Conditions,  whether directly or indirectly, including Tort claims that are a result of these Terms and  Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and  enforcement of this provision. The entire dispute, including the scope and enforceability of this  arbitration provision shall be determined by the Arbitrator. This arbitration provision shall  survive the termination of these Terms and Conditions. 

Class Action Waiver 

Any arbitration under these Terms and Conditions will take place on an individual basis; class  arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE  THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S  INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY  PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH  AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE  OTHER. Further, unless both you and DFW Santa agree otherwise, the arbitrator may not  consolidate more than one person's claims, and may not otherwise preside over any form of a  representative or class proceeding.

Liability Disclaimer 

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR  AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR  TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE  INFORMATION HEREIN. DFW SANTA AND/OR ITS SUPPLIERS MAY MAKE  IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

DFW SANTA AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE  SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF  THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS  CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT  PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE,  PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT  WARRANTY OR CONDITION OF ANY KIND. DFW SANTA AND/OR ITS SUPPLIERS  HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS  INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,  INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,  FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.  

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT  SHALL DFW SANTA AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,  INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY  DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR  LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED  WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY  TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO  PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS,  SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR  OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON  CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DFW  SANTA OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF  DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE  EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL  DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE  DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS  OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction  

DFW Santa reserves the right, in its sole discretion, to terminate your access to the Site and the  related services or any portion thereof at any time, without notice. To the maximum extent  permitted by law, this agreement is governed by the laws of the State of Texas and you hereby  consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or  relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not  give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between  you and DFW Santa as a result of this agreement or use of the Site. DFW Santa's performance of  this agreement is subject to existing laws and legal process, and nothing contained in this  agreement is in derogation of DFW Santa's right to comply with governmental, court and law  enforcement requests or requirements relating to your use of the Site or information provided to  or gathered by DFW Santa with respect to such use. If any part of this agreement is determined  to be invalid or unenforceable pursuant to applicable law including, but not limited to, the  warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable  provision will be deemed superseded by a valid, enforceable provision that most closely matches  the intent of the original provision and the remainder of the agreement shall continue in effect.  

Unless otherwise specified herein, this agreement constitutes the entire agreement between the  user and DFW Santa with respect to the Site and it supersedes all prior or contemporaneous  communications and proposals, whether electronic, oral or written, between the user and DFW  Santa with respect to the Site. A printed version of this agreement and of any notice given in  electronic form shall be admissible in judicial or administrative proceedings based upon or  relating to this agreement to the same extent and subject to the same conditions as other business  documents and records originally generated and maintained in printed form. It is the express  wish to the parties that this agreement and all related documents be written in English. 

Changes to Terms 

DFW Santa reserves the right, in its sole discretion, to change the Terms under which  DFWSanta.co is offered. The most current version of the Terms will supersede all previous  versions. DFW Santa encourages you to periodically review the Terms to stay informed of our  updates. 

Contact Us 

DFW Santa welcomes your questions or comments regarding the Terms:  

DFW Santa  

5000 Eldorado Pkwy, Suite 150-158  

Frisco, Texas 75033  

Email Address:  

contact@dfwsanta.co  

Telephone number:  

469-312-8956  

Effective as of October 16, 2022