Disclaimer of Warranties; Liability

CUSTER RIGHT OF WAY CORPORATION INTENDS FOR THE MATERIALS AND INFORMATION CONTAINED IN THE CUSTER RIGHT OF WAY CORPORATION WEB SITE TO BE SUBSTANTIALLY ACCURATE AND RELIABLE; HOWEVER, USER WARRANTS THAT IT UNDERSTANDS AND ACKNOWLEDGES BY ITS USE OF THE WEB SITE THAT ALL MATERIALS AND INFORMATION CONTAINED IN THE WEB SITE ARE PROVIDED WITH NO WARRANTY, REPRESENTATION, COVENANT OR OTHER ASSURANCE AS TO THEIR ACCURACY OR COMPLETENESS. USER TAKES ALL MATERIALS AND INFORMATION ON AN “AS-IS” AND “AS AVAILABLE BASIS,” AND CUSTER RIGHT OF WAY CORPORATION EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED (UNLESS SUCH WARRANTIES ARE INCAPABLE OF EXCLUSION UNDER APPLICABLE LAW), AND RELATED REPRESENTATIONS, COVENANTS, OR OTHER ASSURANCES, IF ANY, AS TO THE MATERIALS AND INFORMATION INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF TITLE, CONDITION, ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PATENT OR COPYRIGHT INFRINGEMENT OR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. FURTHERMORE, NO ADVICE OR INFORMATION GIVEN BY CUSTER RIGHT OF WAY CORPORATION IN OR THROUGH THE WEB SITE SHALL CREATE A WARRANTY OF ANY KIND. CUSTER RIGHT OF WAY CORPORATION DOES NOT WARRANT OR REPRESENT THAT THE INFORMATION OR MATERIALS PROVIDED WILL BE ERROR FREE OR THAT ANY INFORMATION OR MATERIAL ASSESSABLE THROUGH CUSTER RIGHT OF WAY CORPORATION’S WEB SITE IS FREE, OF VIRUSES, CANCELBOTS, WORMS, LOGIC BOMBS, TROJAN HORSES OR OTHER HARMFUL CONTENTS OR COMPONENTS. USER AGREES TO ASSUME ANY AND ALL LIABILITY FOR USE OF THE MATERIALS AND INFORMATION, USER EXPRESSLY AGREES THAT IT EXCUSES CUSTER RIGHT OF WAY CORPORATION FROM ANY SIMPLE OR ORDINARY NEGLIGENCE, AND THE CONSEQUENCES THEREOF, CONSISTENT WITH THE “EXPRESS NEGLIGENCE” DOCTRINE AS ENUNCIATED BY THE TEXAS COURTS.