Terms and Conditions
Website owner, the offering, and binding of Terms
This website is owned and operated by Ian White Publications LLC. These Terms and Conditions (the Terms) set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors access to the content of Gulf Coast E-news, either unlimited or limited according to the subscription plan you select.
By accessing or using the website, you agree and assure us that you have read, understood and agree to be bound by these Terms. You are also advised to read our privacy policy to establish how it affects you and your subscription.
In order to purchase a subscription to our website, you must be either: (i) at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement; or (ii) acting with the full knowledge of and consent for payment by your parent, guardian or other adult responsible for your monetary transactions. You are not allowed to use this website and/or receive our services if doing so is prohibited in your country of residence or under any law or regulation applicable to you.
When buying a subscription plan, you agree that: (i) you are responsible for reading the full plan listing before making a commitment to buy it; (ii) you enter into a legally binding contract to purchase a plan when you commit to buy the plan and you complete the check-out payment process.
The prices we charge for our subscription plans are listed on the website. We reserve the right to change our prices for the subscription plans displayed at any time and to correct pricing errors that may inadvertently occur. Information about pricing and sales tax is available on the Subscribe page. If recurring-payment plans are available at any time and if you opt to pay on a recurring-payment basis, the fee for the services and any other charges you incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on a monthly or annual basis to your payment method according to the type of plan you select.
Ownership of intellectual property, copyrights and logos
Gulf Coast E-news and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all intellectual property rights related thereto, are the exclusive property of Ian White Publications LLC unless specifically stated otherwise. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such intellectual property rights and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
You may download for your personal, private and non-profit use only any content, including but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text and literary works, through any means from the website but may not upload any such content to any other website or publishing medium unless and until you have confirmed that you own all the relevant rights to do so or have received the appropriate license to upload the content.
Right to change and modify Terms
We reserve the right to modify these Terms from time to time at our sole discretion and you should therefore review these page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms.
Your continued use of the website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these Terms or any future version of the Terms, do not use or access, or continue to access, the website or the service without advising us of your objection and attempting a good-faith effort to resolve the issue to our mutual satisfaction and benefit.
Retention of right to change offering
We reserve the right, without previous notice, to change the services, stop providing the services or any features of the services we offer, or create limits for the services. We likewise reserve the right permanently or temporarily to terminate or suspend access to the services without notice and liability for any reason or for no reason.
Refund policy and claims for loss of service
Our products are electronic transmissions, with no tangible characteristic, and therefore you cannot return them in the retail sense of such transactions.
When we receive a valid claim that an edition or editions of Gulf Coast E-news has or have not been delivered in readable condition, we will as soon as practically possible replace the product by dispatch of a further e-mail containing each edition so notified.
If we are unable to replace the unreadable e-mail or e-mails, we may at no penalty cost to you offer as appropriate to: (i) upgrade your account temporarily to allow you sufficient time to read the missing editions on the website; (ii) upgrade your account for a longer limited period; or (iii) upgrade the account on a permanent basis without raising the subscription rate paid by you immediately preceding such offer.
Right to suspend or cancel user account
We may permanently or temporarily terminate or suspend your access to the website and or Gulf Coast E-news e-mails without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations.
You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing Terms, with respect to automatically-renewed subscriptions to paid services, should you decide during the period of a subscription plan lasting one month or longer that you wish to terminate it, you may do so at any time by giving 21 days' written notice of your decision to end the subscription on the last day of the month in which you provide such notice.
Upon our receipt of notice of termination with such advance advice, you will be entitled to a refund equal to the remaining per-month value of your contract from the first of the month immediately following the month in which you give notice of termination. Should your notice not be received 21 days in advance of such date, the amount of your refund will be reduced by one week's value for each seven days or portion thereof that your written notice is received after the 21-day notice period is due to begin.
We regret that refunds are not possible for subscription plans lasting less than one month.
Indemnification
You agree to indemnify and hold Ian White Publications LLC harmless from any demands, loss, liability, claims or expenses, including attorneys’ fees, made against the company by any third party due to, or arising out of, or in connection with, your use of the website or any of the services offered on the website.
Limitation of liability
To the maximum extent permitted by applicable law, in no event shall Ian White Publications LLC be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to your use of, or inability to use, the service.
To the maximum extent permitted by applicable law, Ian White Publications LLC assumes no liability or responsibility for any: (i) errors, mistakes or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; or (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
Promotional e-mails and content
By purchasing or accepting free access to one of our subscription plans, you agree to receive our regular daily e-mail containing Gulf Coast E-news. You also agree to receive from time to time promotional messages and materials from us, by mail, e-mail or any other contact form you may provide to us, including your phone number for calls or text messages. If you wish not to receive such promotional materials or notices, please just notify us at any time.
Preference of law and dispute resolution
These Terms, the rights and remedies provided hereunder and any and all claims and disputes related hereto and/or to the services shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the state of Texas, USA, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Galveston, Texas.
The application of the United Nations convention of contracts for the international sale of goods is hereby expressly excluded from these terms and conditions.