PLEASE READ THE TERMS OF SERVICE BELOW. THESE TERMS OF SERVICE, INCLUDING ANY REVISED AGREEMENTS THAT WE MAY POST FROM TIME TO TIME, STATE THE TERMS AND CONDITIONS UNDER WHICH THIS PROPERTY (, "We", "Us", "Our") PROVIDES YOU WITH VARIOUS SERVICES. OUR WEBSITE (THE "SITE"). ALL SERVICES PROVIDED BY THE SITE IS COLLECTIVELY REFERRED TO AS THE "SERVICES". THE SERVICES MAY BE ACCESSED FROM THE SITE. UNLESS OTHERWISE STATED, USE OF THE SITE IS GOVERVED BY THESE TERMS OF USE; BY ACCESSING, BROWSING AND/OR USING THE SITE AND/OR SERVICES, YOU ARE DEEMED TO ACCEPT THE TERMS OF SERVICE AND AGREE TO BE BOUND BY THIS AGREEMENT WITH RESPECT TO THE USE OF THE SITE. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT ACCESS, BROWSE OR USE OUR SITE OR ANY SERVICES WE PROVIDE.
Ownership of our Site and Protection of Our Intellectual Property Rights
The contents of our Site are intended for the personal, noncommercial use of our users. All right,
title and interest to the content displayed on the Site, including but not limited to the Site's
look and feel, data, information, text, graphics, images, sound or video materials, photographs,
designs, trademarks, service marks, trade names, URLs and content provided by third parties, are the
property of the Site, or the respective third parties, and are protected by copyright, trademark,
patent or other proprietary rights and laws. You hereby acknowledge that these rights are valid and
protected in all forms, media and technologies existing now or hereafter developed. All
Site-generated content and content provided to the Site by its partners and licensors is copyrighted
individually and/or as a collective work under the U.S. copyright laws. Subject to your compliance
with these Terms of Service, and solely for so long as you are permitted by us to access and use the
Services, you may download one copy of the materials on any single computer for your personal,
non-commercial home use only, provided you keep intact all copyright and other proprietary notices.
Unless otherwise specified, modification or use of the content found on or accessed through the Site
for any other purpose, including use of any such content on any other Web site or networked computer
environment is strictly prohibited.
The Site name and logo are the exclusive property of the Site. All other trademarks appearing on the
Site are trademarks of their respective owners. Our partners or service providers may also have
additional proprietary rights in the content which they make available through the Services. The
trade names, trademarks and service marks owned by us, whether registered or unregistered, may not
be used in connection with any product or service that is not ours, in any manner that is likely to
cause confusion. Nothing contained on the Services should be construed as granting, by implication,
estoppel or otherwise, any license or right to use any of our trade names, trademarks or service
marks without our express prior written consent.
Except as expressly authorized by the Site, you agree not to copy, modify, rent, lease, loan, sell,
assign, distribute, perform, display, license, reverse engineer or create derivative works based on
the Site or any content (including without limitation any software) available through the Site.
Changes To This Agreement
We may make changes to these Terms of Service from time to time in its sole discretion. Each time
changes are made, the revised Terms of Service will be posted immediately on the Site. Your
continued use of the Site following the posting of changes constitutes your acceptance of any such
changes. You can review the most current version of this Agreement on this web page. Please check
this page from time to time for current terms of use.
Our Privacy Policy
The information that we obtain through your use of the Site, whether through a registration process
or otherwise, is subject to our privacy policy which may be found here (the "Privacy Policy"). Among
other things, the Privacy Policy sets forth our data collection and use policies. Please review the
Privacy Policy before you use our Site. If you are unwilling to accept the terms and conditions of
the Privacy Policy, please do not use the Site.
Other Policies
Your use of the Site is also subject to any other posted policies, disclaimers and/or guidelines.
Your License to Access Content on Our Sites
You are hereby granted a personal, nonexclusive, nontransferable, revocable, limited license to
view, reproduce, print, cache and store content retrieved from the Site via a generally available
consumer web browser, provided that you do not (and do not allow any third party to) copy, modify,
create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any
source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right
in the Site or remove or obscure the copyright notice or other notices displayed on the Site or the
content available through the Site. You may not reproduce, print, cache, store, distribute or
otherwise use any content retrieved from the Site for any commercial use without the prior written
permission by Us or the copyright holder identified in the relevant copyright notice.
Except as expressly provided in these Terms of Service, nothing contained herein or on the Site
shall be construed as conferring any other license or right, expressly, by implication, by estoppel
or otherwise, with respect to any of Our content or the content of any third party. Any rights not
expressly granted herein are reserved to the Site.
You agree not to use the Site to:
- Post any posting that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory,
vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or
otherwise objectionable;
- Harm or threaten to harm users in any way;
- "Stalk" or otherwise harass any other person or entity;
- Impersonate any person or entity (including an agent, enthusiast, or moderator), or falsely state
or otherwise misrepresent your affiliation with a person or entity;
- Post any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain
letters, pyramid schemes, or any other form of solicitation except in areas that are expressly
designated by Us for such purpose;
- Disseminate or transmit any Content that infringes or violates any party's copyright, trademark,
trade secret, patent or other proprietary right, including, but not limited to, using third party
copyrighted materials, without appropriate permission, using third party trademarks without
appropriate permission or attribution, or using or distributing third party information (whether or
not protected as a trade secret) in violation of a duty of confidentiality;
- Disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code
or programs;
- Violate any law (whether local, state, national, or international), whether or not
intentionally;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any
Posting;
- Post any content that you do not have a right to under any law or under contractual or fiduciary
relationship (which includes inside information, proprietary or confidential information learned or
disclosed as part of employment relationships or under nondisclosure agreements);
- Interfere with or disrupt the Services, Site, or servers or networks connected to the Site, or
disobey any requirements, procedures, policies, or regulations of networks connected to the
Site;
- Collect or store personal data about other users;
- Engage in any activities that would violate the personal privacy rights of others, including but
not limited to, collecting and distributing information about Internet users without their
permission, except as permitted by applicable law; or
- Post any material that contains software viruses or any other computer code, files, or programs
designed to interrupt, destroy, or limit the functionality of any computer software or hardware or
telecommunications equipment.
You acknowledge that We do not pre-screen postings, content or other results or materials which may
be accessible on or via the Site, but that We have the right, but not the obligation, to refuse to
make available, to modify or to remove any postings, content, results or materials, or portions of
any of the foregoing, in its sole discretion and at any time without notice.
You agree that your use of any information on the Site is at your own risk, including any reliance
on the accuracy, completeness, or usefulness of the information.
If you choose to make any submission or communication to the Site, you agree that We may copy,
distribute, display, publish, modify or translate such submission for any purpose and in any medium
worldwide without any obligation to compensate you or any other third party in any way for any such
use. We may grant other parties these same rights as to the submission.
Registration
Certain portions of the Site may require users to register to access or use certain services. By
registering for these services, you agree to: (a) provide true, accurate, current and complete
information about yourself as requested by a registration form (the "Registration Information") and
(b) maintain and update the Registration Information to keep it true, accurate, current and
complete. In addition to other grounds for suspension or termination of your use of any Site
services, if you provide any information that is untrue, inaccurate, not current or incomplete, or
We have reasonable grounds to suspect that information you have provided is untrue, inaccurate, not
current or incomplete, We have the right to suspend or terminate your access and refuse you any and
all use of the Site. Registrants have the right to terminate their account at any time by sending an
e-mail to an address provided on the Site.
Passwords and Security
Access to certain Site services may require you to choose a user name (or nickname) and password. If
you do so, you are responsible for maintaining the confidentiality of your password and account and
for logging out of your account at the end of each session. In selecting a user name, you agree that
you will not (i) select or use a screen name of another person with the intent to impersonate that
person; (ii) use a name subject to the rights of any person without their authorization; or (iii)
use a screen name that is offensive to people of ordinary sensitivities, illegal, or infringing. You
are fully responsible for all activities that occur under your password or account. You agree (a) to
notify Us immediately of any unauthorized use of your password or account or any other breach of
security, and (b) to ensure that you exit from your account at the end of each session. We cannot
and will not be liable for any loss or damage arising from your failure to comply with this section.
Links to Other Web Sites
A central part of the Site includes links to other World Wide Web sites or resources. Because We
have no control over such sites and resources, you acknowledge and agree that We are not responsible
for the availability of such external sites or resources, and does not endorse and is not
responsible or liable for any content, advertising, products, or other materials on or available
from such sites or resources. You further acknowledge and agree that We shall not be responsible or
liable, directly or indirectly, for any damage or loss caused by or in connection with use of or
reliance on any such content, goods or services available on or through any such site or resource.
Finally, you acknowledge that such external sites usually have their own terms and conditions,
including privacy policies, over which We have no control and which will govern your rights and
obligations with respect to the use of those Web sites.
Your Contact With Advertisers Or Third Party Vendors
Your dealings with advertisers and third party vendors found on or through the Site or any related
services, including your participation in promotions, the purchase of goods, and any terms,
conditions, warranties or representations associated with such activities, are solely between you
and the third party. We do not make any representations or warranties with respect to any goods or
web sites that may be obtained from such third parties, and you agree that We will have no liability
for any loss or damage of any kind incurred as a result of any activities you undertake in
connection with the use of or reliance on any content, goods, services, information or other
materials available, or through such third parties, on our Site. You acknowledge that such external
sites usually have their own terms and conditions, including privacy policies, over which We have no
control and which will govern your rights and obligations with respect to the use of those Web
sites.
Compliance with Laws
You agree to comply with all applicable laws regarding your use of our Site including, without
limitation, all applicable laws (as well as associated licenses and approvals) regarding the
transmission of technical data exported from the United States or the country in which you reside.
Modifications To the Services
We reserve the right at any time and from time to time to modify, suspend, discontinue or terminate
the Site (or any part thereof) with or without notice. You agree that We will not be liable to you
or to any third party for any modification, suspension, discontinuation or termination of the Site.
Termination of Your Access to the Site, Services
You agree that we may, in our sole discretion, terminate your access to any of the Site or the Site
services, and/or remove, discard or modify any content within the services, for any reason,
including, without limitation, for lack of use or if We believe that you have violated or acted
inconsistently with the letter or spirit of these Terms of Service. You agree that any termination
of your access to the Site or related services may be effected without prior notice, and acknowledge
and agree that We may immediately deactivate or delete your account and all related information and
files in your account and/or bar any further access to such files or the Site or services. If you
use the Site in violation of these Terms of Service, We may, in its sole discretion, retain all data
collected from your use of the Site. Further, you agree that We shall not be liable to you or any
third party for the discontinuation or termination of your access to the Site.
Information Disclaimer and Disclaimer of Warranties
BY USING THE SITE OR RELATED SERVICES YOU UNDERSTAND AND AGREE THAT:
THE SITE AND RELATED SERVICES ARE PROVIDED FOR PERSONAL AND INFORMATIONAL PURPOSES ONLY. NO CONTENT
ON OUR SITE IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, WHETHER MEDICAL, FINANCIAL, LEGAL OR
OTHERWISE. WE AND THOSE POSTING OR OTHERWISE PROVIDING INFORMATION, SERVICES OR MATERIAL ON OUR SITE
ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR
INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES OR OTHER MATERIAL ON THE SITE.
YOUR USE OF THE SITE AND RELATED SERVICES IS AT YOUR SOLE RISK. THE SITE AND RELATED SERVICES ARE
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.
WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE OR RELATED SERVICES WILL MEET YOUR REQUIREMENTS,
THAT THEY WILL BE UNINTERRUPTED, SECURE, CURRENT OR ERROR-FREE, THAT THE RESULTS THAT MAY BE
OBTAINED FROM THE USE THEREOF WILL BE ACCURATE, TIMELY, USEFUL OR RELIABLE, OR THAT THE QUALITY OF
ANY POSTINGS, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE OR
RELATED SERVICES WILL MEET YOUR NEEDS.
ANY MATERIAL OBTAINED THROUGH THE USE OF THE SITE OR RELATED SERVICES IS DONE AT YOUR OWN DISCRETION
AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO COMPUTER SYSTEMS OR FOR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUR SITE OR THROUGH OR FROM
THE RELATED SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THEIR TERMS.
WE EXPRESSLY DISCLAIM ALL WARRANTIES RELATING TO PRODUCTS AND/OR SERVICES PROVIDED BY THIRD PARTY
VENDORS.
Limitation Of Liability
YOU UNDERSTAND AND AGREE THAT WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS
OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, AND
ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT
LIABILITY), OR OTHERWISE RESULTING FROM: (1) THE USE OF, OR THE INABILITY TO USE, THE SITE OR
RELATED SERVICES, (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, GOODS OR AND WEB SITES, (3)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (4) THE STATEMENTS OR CONDUCT OF
ANY THIRD PARTY ON THE SITE, (5) RELIANCE ON CONTENT OR POSTINGS ON THE SITE, OR (6) ANY OTHER
MATTER RELATING TO THE SITE OR THE RELATED SERVICES. THESE LIMITATIONS WILL APPLY WHETHER OR NOT WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL
PURPOSE OF ANY LIMITED REMEDY. EXCEPT AS REQUIRED BY THE INDEMNITY PROVISIONS HEREIN, IN NO EVENT
WILL OUR DIRECT LIABILITY HEREUNDER EXCEED $100.00.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT
APPLY TO YOU.
Indemnification
You agree to indemnify and hold Us, our subsidiaries, and affiliates, and their officers, directors,
employees and agents harmless from and against any and all liability, losses, claims, demands,
disputes, damages or costs of any kind, including, without limitation, reasonable attorneys' fees
and costs of litigation, resulting from or in any way connected with (a) content you submit or that
is submitted from your account, (b) your use of or reliance on the Site or related services, (c)
your connection to the Site, (d) your violation of these Terms of Service, or (e) your violation of
any rights of another party.
Third Party Intellectual Property; Copyright Notifications We respect the intellectual property of
others, and we ask our users to do the same. We may, in appropriate circumstances and at its
discretion, terminate the accounts of users who infringe the intellectual property rights of others.
We will remove infringing materials in accordance with the Digital Millennium Copyright Act if
properly notified that content infringes copyright.
No Other Agreements Between Us
With the exception of our Privacy Policy, these Terms of Service constitute the entire agreement
between you and Us for governing your use of the Site and related services and supersedes any prior
agreements between you and Us for that purpose, including any membership agreements or other similar
agreements applying to the Site or related services.
Law Applicable to Interpretations and Disputes
This Agreement and the relationship between you and Us are governed by the laws of the State of
Texas without regard to its conflict of law provisions. You and Us agree to submit to the personal
and exclusive jurisdiction of the state and federal courts located within Texas.
Severability of This Agreement
If any provision of this Agreement is found by a court or other binding authority to be invalid, you
agree that every attempt shall be made to give effect to the parties' intentions as reflected in
that provision, and the remaining provisions contained in this Agreement shall continue in full
force and effect.
Limitation of Actions Brought Against Us
You agree that any claim or cause of action arising out of your use of the Site or these Terms of
Service must be filed within one year after such claim or cause of action arose or it shall forever
be barred, notwithstanding any statute of limitations or other law to the contrary. Within this
period, any failure by Us to enforce or exercise any provision of these Terms of Service or related
right shall not constitute a waiver of that right or provision.
Contact Information
If you have any questions or concerns with respect to these Terms of Service or our Site, you may
contact Us at support@