Tex-Air Drone, L.L.C. Terms and Conditions
The following terms and conditions govern your (“you” or “your”) “use” of the website at https://www.texairdrone.com (the “Website”) operated by Tex-Air Drone, L.L.C. (“Tex-Air Drone”, “we”, “our”, or “us”) and the “purchase of any service(s),” including, but not limited to, unmanned aircraft systems (“UAS”) services, provision of UAS pilots and visual observers, agricultural drone spraying, aerial mapping and surveying support, LiDAR and photogrammetry data collection, thermal and multispectral imaging, and infrastructure and property inspections (the “Services”); and the content, data, information, and materials available or generated on the Website (the “Content”).
Prior to executing an SOW, Tex-Air Drone may provide you non-binding information related to pricing, scope of performance of the Services, and payment terms in written estimates, proposals, or related documents. However, purchase and provision of the Services shall be governed only by a separate statement of work agreement (“SOW”). Each SOW sets forth the terms and conditions which will govern the provision of Services by Tex-Air Drone. Each SOW will also specify the products, content, and/or work product (collectively, the “Work Product”) to be delivered to you as well as the time period for completion of the Services and Content, the fees to be paid, and other information as set forth in the SOW. Each SOW also
BY USING THE WEBSITE AND/OR PURCHASING SERVICES, YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS AND ARE ENTERING INTO A LEGALLY BINDING CONTRACT WITH TEX-AIR DRONE THAT IS VALID AND ENFORCEABLE UNDER A VARIETY OF STATE AND/OR FEDERAL STATUTES AND THE COMMON LAW, INCLUDING, BUT NOT LIMITED TO, THE UNIFORM ELECTRONIC TRANSACTIONS ACT.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE WEBSITE OR PURCHASE SERVICES. Should you object to any term or condition, or any subsequent modifications or become dissatisfied with the Content or Website in any way, your only recourse is to immediately discontinue use of the Content and Website. Tex-Air Drone has the right, but is not obligated, to strictly enforce any term or condition through self-help, active investigation, litigation and prosecution.
1. Limited license
Subject to your compliance with these terms and conditions, you are granted a non-exclusive, non-transferable, limited license to (A) use the Content so long as you comply with these terms and conditions, and (B) access and use the Website from time to time as made available to you. This license is not a sale of the Content or Website. You acquire no proprietary interest in the Content or Website. Only individuals authorized by Tex-Air Drone may download and/or use the Content and Website. You agree not to download, copy or use the Content or Website except as expressly permitted by these terms and conditions. You shall not transfer, sublicense, rent, lease, or lend the Content to any third-party. You shall not modify, reverse engineer, create derivate works, disassemble, or decompile the Content without the express, written permission of Tex-Air Drone. You may not use any direct link, page scraper, robot, crawler, index, spider, or other automatic device program, algorithm, or methodology to access, copy, acquire information, or use the Content or Website. The Content and Website incorporate third-party software, including AirCall. These software programs are property of the respective owners. By using the Content or Website, you consent to the terms of use and license terms of these third-parties.
2. Updates
Tex-Air Drone may from time to time, but is not obligated to, issue updates, modifications or upgrades to the Content and/or Website, and may do so with automatic electronic updates. You consent to such automatic updates and agree that these terms and conditions apply to such updates.
3. Incorporation Of Other Documents
The Tex-Air Drone Privacy Policy is incorporated into these terms and conditions as if set forth fully herein. Your use of the Content or Website is subject to these additional terms. Other provisions that govern your use of the Content and Website may be set forth in other documents, terms, conditions, and policies, all of which are incorporated by reference into these general terms and conditions, including, but not limited to, fees, charges, refund policies, sales tax, and other provisions.
4. Payment
Tex-Air Drone does not sell Services to children, but it sells them to adults, who can purchase with a credit card or other permitted payment method.
By entering into this transaction, you agree to pay in full the purchase price, license fees, and/or other charges, and all taxes applicable to this transaction. YOU AUTHORIZE, AND GRANT PERMISSION TO, TEX-AIR DRONE, THROUGH ITS THIRD-PARTY PAYMENT SERVICE, TO BILL YOUR CREDIT CARD. Credit card payments are currently handled through http://herringbank.com. Their terms of use can be found by clicking here. Any change in third-party payment service will be posted on the Website.
Prices do not include tax. In the event that any federal, state, or local taxes are imposed on the sale of the Product, such taxes shall be assumed and paid by you.
All sales are subject to availability, and we reserve the right to limit quantities and to discontinue the Services, even if you have already placed your order. The receipt of an order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. All prices are subject to change without notice.
Failure to pay for any Services purchased on the Website, for any reason, may result in legal action against you. In addition to such other remedies as it may have, Tex-Air Drone shall be relieved of its obligation to provide the Services, and the full amount due shall immediately become due and payable by you. You must also reimburse Tex-Air Drone for all expenses incurred in connection with the collection of amounts payable, including, but not limited to, court costs and attorneys’ fees.
By purchasing Services, you represent and warrant to Tex-Air Drone that: (i) you are at least eighteen (18) years of age or older and have the power and authority to enter into and perform your obligations under these terms and conditions; (ii) you shall comply with all terms and conditions set forth herein; (iii) you have provided accurate and complete information, including, without limitation, your legal name, address, telephone number, and credit card information; and (iv) you are an authorized user of the credit card used for this transaction.
5. Intellectual Property Rights
© 2026 Tex-Air Drone, L.L.C. All rights reserved. All right, title, and interest, including all patents, copyrights, trademarks, trade secrets, and confidential information and other intellectual property rights (the “Rights”), in the Website and Content (in both print and machine-readable forms) belong to Tex-Air Drone. You shall not in any manner violate or attempt to impair the Rights of Tex-Air Drone in the Website or Content. Unless otherwise noted, other Tex-Air Drone graphics, logos, designs, page headers, button icons, scripts, and names may be registered trademarks, trademarks or trade dress of Tex-Air Drone in the U.S. and/or other countries. Tex-Air Drone’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
You may not use any direct link, page scraper, robot, crawler, index, spider, or other automatic device program, algorithm or methodology to access, copy, acquire information, or use the Content or Website. You shall not modify, reverse engineer, create derivate works, disassemble, or decompile the Content or Website without the express written permission of Tex-Air Drone.
You agree that any breach of these terms and conditions would cause Tex-Air Drone irreparable harm for which money damages alone would be inadequate. In addition to damages and any other remedies to which Tex-Air Drone may be entitled, you agree that Tex-Air Drone may seek injunctive relief to prevent the actual, threatened, or continued breach of this agreement. Any breach of these terms and conditions shall result in immediate termination of the license provided for herein.
6. External Links and Trademarks
The Website may contain links to external third-party websites. By providing links to other sites, Tex-Air Drone does not guarantee, approve, or endorse the information or Product available at these sites, nor does a link or advertising indicate any association with, or endorsement by, the linked site to the Tex-Air Drone website.
Suppliers and advertisers may have trademarks that are shown on the Website. These trademarks are property of their respective owners. You acquire no rights in such content.
7. Termination
Tex-Air Drone reserves the right to terminate the agreement encompassed in these terms and conditions at any time and for any reason, including, but not limited to, breach or suspected breach of any of these terms and conditions. Upon termination by Tex-Air Drone, you must immediately cease using the Content and Website. You may also terminate this agreement at any time by ceasing use of the Content and Website. Tex-Air Drone may also suspend or discontinue the Content and/or Website without notice.
The provisions of these terms and conditions shall survive any termination of your use of the Website or Content, or expiration of these terms and conditions.
Notwithstanding Tex-Air Drone’s termination rights, Tex-Air Drone may also establish limits concerning use of the Content and/or Website, including the maximum number of days that content will be retained by the site, the maximum number and size of postings, messages, or other content that may be transmitted or stored by the site, and the frequency with which you may access the Content or Website.
8. DISCLAIMER OF WARRANTIES
THE SERVICES, CONTENT, SOFTWARE, AND WEBSITE ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TEX-AIR DRONE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, CONTENT, SOFTWARE, AND WEBSITE, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. TEX-AIR DRONE DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES, CONTENT, SOFTWARE, OR WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR COMPLETELY COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE. TEX-AIR DRONE SHALL NOT BE LIABLE FOR ERRORS, OMISSIONS, VIRUSES, DELAYS, OR INTERRUPTIONS IN THE SERVICES, CONTENT, SOFTWARE, OR WEBSITE CAUSED BY ANY REASON, INCLUDING NEGLIGENCE OR FAILURE TO ACT OF TEX-AIR DRONE. YOU HEREBY ACKNOWLEDGE THAT THE SERVICES, CONTENT, SOFTWARE, AND/OR WEBSITE MAY BECOME UNAVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, BUT NOT LIMITED TO, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, TECHNICAL FAILURE OF THE WEBSITE, OR DELAY OR DISRUPTION ATTRIBUTABLE TO VIRUSES, DENIAL OF SERVICE ATTACKS, OR ANY OTHER CAUSE REASONABLY BEYOND THE CONTROL OF TEX-AIR DRONE.
TEX-AIR DRONE ATTEMPTS TO BE AS ACCURATE AS POSSIBLE AND ELIMINATE ERRORS ON THE WEBSITE; HOWEVER, TEX-AIR DRONE DOES NOT WARRANT THAT ANY SERVICE, DESCRIPTION, PHOTOGRAPH, PRICING, OR OTHER INFORMATION IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. IN THE EVENT OF AN ERROR, WHETHER ON THE WEBSITE, IN AN ORDER CONFIRMATION, IN PROCESSING AN ORDER, IN AN SOW, IN DELIVERING A SERVICE, OR OTHERWISE, TEX-AIR DRONE RESERVES THE RIGHT TO CORRECT SUCH ERROR AND REVISE YOUR ORDER ACCORDINGLY IF NECESSARY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL THE ORDER AND REFUND ANY AMOUNT CHARGED.
THE WEBSITE COMPILES INFORMATION PROVIDED BY THIRD-PARTIES AND TEX-AIR DRONE GIVES NO WARRANTY OR GUARANTEE AS TO THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION PROVIDED TO TEX-AIR DRONE OR TEX-AIR DRONE’S REPRODUCTION THEREOF.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
9. LIMITATION OF LIABILITY
TEX-AIR DRONE IS A SUPPLIER OF SERVICES ONLY AND NOT A MANUFACTURER. YOU ASSUME ALL LIABILITY FOR ANY DAMAGE OF ANY KIND WHICH MAY RESULT FROM PROVISION OF THE SERVICES BY TEX-AIR DRONE AND ANY OF ITS EMPLOYEES, PERSONS, THIRD-PARTIES, OR AGENTS, INCLUDING THOSE UNKNOWN TO YOU.
TEX-AIR DRONE’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF TEX-AIR DRONE’S SUBSIDIARIES, OFFICERS, MANAGERS, MEMEBERS, EMPLOYEES, AGENTS, CONTRACTORS AND SUPPLIERS, TO YOU OR ANY THIRD-PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF (A) YOUR ACTUAL DIRECT DAMAGES; (B) THE AMOUNT OF FEES YOU PAID TO TEX-AIR DRONE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (C) $100. YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST TEX-AIR DRONE. TEX-AIR DRONE AND (AS APPLICABLE) TEX-AIR DRONE’S SUBSIDIARIES, OFFICERS, MANAGERS, MEMEBERS, EMPLOYEES, AGENTS, CONTRACTORS, AND SUPPLIERS, SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, AND ATTORNEYS’ FEES). THIS LIABILITY LIMIT APPLIES EVEN IF TEX-AIR DRONE OR A THIRD-PARTY ACTED NEGLIGENTLY. TEX-AIR DRONE WILL BE FURTHER ENTITLED TO THE FULL BENEFIT OF ANY LIMITATION OF LIABILITY OF A THIRD-PARTY WHO IS JOINTLY LIABLE TO YOU. YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST TEX-AIR DRONE.
10. INDEMNITY
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD TEX-AIR DRONE AND (AS APPLICABLE) TEX-AIR DRONE’S SUBSIDIARIES, OFFICERS, MANAGERS, MEMEBERS, EMPLOYEES, AGENTS, CONTRACTORS AND SUPPLIERS, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD-PARTY DUE TO OR ARISING OUT OF: (A) YOUR USE OF THE WEBSITE; (B) BREACH OF THESE TERMS AND CONDITIONS OR THE DOCUMENTS IT INCORPORATES BY REFERENCE; (C) YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD-PARTY; (D) ANY CONTENT YOU POST, UPLOAD, STORE OR OTHERWISE TRANSMIT THROUGH THE WEBSITE; (E) ANY FEEDBACK YOU PROVIDE; OR (F) YOUR CONDUCT IN CONNECTION WITH THE WEBSITE.
11. ARBITRATION
EXCEPT AS LIMITED HEREIN, PURCHASERS OF SERVICES, AND USERS OF THE CONTENT OR WEBSITE, WAIVE ALL RIGHTS TO TRIAL IN ANY ACTION OR PROCEEDING INSTITUTED IN CONNECTION WITH THESE TERMS AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, TEX-AIR DRONE’S PRIVACY POLICY. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS AND/OR THE TEX-AIR DRONE PRIVACY POLICY SHALL BE SETTLED BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. ANY SUCH CONTROVERSY OR CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. THE ARBITRATION SHALL BE CONDUCTED IN THE STATE OF TEXAS, IN THE CITY OF AMARILLO IN ACCORDANCE WITH TEXAS LAW. THIS ARBITRATION PROVISION DOES NOT PROHIBIT OR OTHERWISE LIMIT TEX-AIR DRONE FROM SEEKING TEMPORARY OR PERMANENT INJUNCTIVE RELIEF IN POTTER COUNTY, TEXAS FOR ANY ALLEGED IRREPARABLE HARM CAUSED BY YOUR VIOLATION OF THESE TERMS AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, MISUSE OF TEX-AIR DRONE’S INTELLECTUAL PROPERTY.
12. GOVERNING LAW AND VENUE
THESE TERMS AND CONDITIONS ARE DEEMED TO BE MADE AND EXECUTED IN POTTER COUNTY, TEXAS, AND SHALL BE GOVERNED BY, CONSTRUED, AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, EXCLUSIVE OF CONFLICTS OF LAWS PROVISIONS.
THE EXCLUSIVE FORUM FOR ANY SUITS, CLAIMS, OR CAUSES OF ACTION ARISING DIRECTLY OR INDIRECTLY FROM THESE TERMS AND CONDITIONS SHALL BE A COURT HAVING COMPETENT JURISDICTION IN POTTER COUNTY, TEXAS, AND THE PARTIES HEREBY CONSENT TO JURISDICTION FOR SUCH PURPOSES.
13. No Waiver
The failure of Tex-Air Drone to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
14. No Assignment
These terms and conditions may not be assigned or transferred by you.
15. Severability
If any provision of these terms and conditions shall be deemed unlawful or unenforceable then that provision shall be deemed severable from these terms and conditions and such severed provision shall not affect the validity and enforceability of the remaining provisions.
16. Changes To These Terms
These terms and conditions may be changed by Tex-Air Drone immediately without notice. Continued use of the Website following any change constitutes acceptance of the change.
17. CHANGES IN LAW AND REGULATION
AT ANY TIME, THE U.S., STATE OR LOCAL GOVERNMENTS AND THEIR AGENCIES, INCLUDING, BUT NOT LIMITED TO, THE EPA, COULD CHANGE THE REPORTING REGULATIONS OR CALCULATIONS AND TEX-AIR DRONE IS NOT RESPONSIBLE FOR ANY SUCH CHANGES AND BEARS NO RESPONSIBILITY TO UPDATE THE CONTENT OR WEBSITE OR ANY SOW TO REFLECT SUCH CHANGES. NEITHER THE CONTENT, WEBSITE, NOR AN SOW IS A SUBSTITUTE FOR YOUR PERSONAL OBLIGATION TO COMPLY WITH THE APPLICABLE LEGAL REQUIREMENTS.