Last updated
July 09, 2024
AGREEMENT TO OUR LEGAL
TERMS
We are Hope For Everybody, LLC.
, doing business as HFE
( "Company,"
"we," "us,"
"our"
)
, a company registered in
Texas
, United States
at 600 Texas Street
, Fort Worth
, TX
76102
.
We operate the
website
https://www.childrenareaheritage.com
(the
"Site"
)
, as well as any other
related products and services that refer or link to these legal
terms (the "Legal
Terms"
) (collectively, the
"Services" ).
You can contact us by
phone at 6822504056 , email at
support@childrenareaheritage.com
, or by mail to 5524 Midway Rd
, STE 1
, Fort Worth
, TX
76117
,
United States
.
These Legal Terms constitute a legally binding agreement
made between you, whether personally or on behalf of an entity (
"you" ), and Hope For Everybody, LLC. , concerning
your access to and use of the Services. You agree that by
accessing the Services, you have read, understood, and agreed to
be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH
ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM
USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may
be posted on the Services from time to time are hereby expressly
incorporated herein by reference. We reserve the right, in our
sole discretion, to make changes or modifications to these Legal
Terms from time to time . We will alert you about any
changes by updating the "Last
updated" date of
these Legal Terms, and you waive any right to receive specific
notice of each such change. It is your responsibility to
periodically review these Legal Terms to stay informed of
updates. You will be subject to, and will be deemed to have been
made aware of and to have accepted, the changes in any revised
Legal Terms by your continued use of the Services after the date
such revised Legal Terms are posted.
We recommend that you print a copy of
these Legal Terms for your records.
TABLE OF CONTENTS
1.
OUR SERVICES
The
information provided when using the Services is not intended for
distribution to or use by any person or entity in any
jurisdiction or country where such distribution or use would be
contrary to law or regulation or which would subject us to any
registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the Services
from other locations do so on their own initiative and are
solely responsible for compliance with local laws, if and to the
extent local laws are applicable.
The
Services are not tailored to comply with industry-specific
regulations (Health Insurance Portability and Accountability Act
(HIPAA), Federal Information Security Management Act (FISMA),
etc.), so if your interactions would be subjected to such laws,
you may not use the Services. You may not use the Services in a
way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY
RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual
property rights in our Services, including all source code,
databases, functionality, software, website designs, audio,
video, text, photographs, and graphics in the Services
(collectively, the "Content"
), as well as the
trademarks, service marks, and logos contained therein (the "Marks" ).
Our Content and Marks are protected by copyright and
trademark laws (and various
other intellectual property rights and unfair competition laws)
and treaties in the United
States and around the world.
The Content and Marks are provided in or through the
Services "AS IS" for your personal, non-commercial use
only.
Your use of our Services
Subject to
your compliance with these Legal Terms, including the " PROHIBITED
ACTIVITIES
" section below, we
grant you a non-exclusive, non-transferable, revocable license to:
- access the Services; and
- download or print a copy of any portion of the Content to which you have properly gained access.
solely for your
personal, non-commercial use
.
Except as set out in this section or elsewhere in our
Legal Terms, no part of the Services and no Content or Marks may
be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed,
encoded,
translated, transmitted, distributed, sold, licensed, or
otherwise exploited
for any commercial purpose whatsoever, without our express prior
written
permission.
If you wish to make any use of the Services, Content, or
Marks other than as set out in this section or elsewhere in our
Legal Terms, please address your request to: support@childrenareaheritage.com . If we ever
grant you the permission to post, reproduce, or publicly display
any part of our Services or Content, you must identify us as the
owners or licensors of the Services, Content, or Marks and
ensure that any copyright or proprietary notice appears or is
visible on posting, reproducing, or displaying our
Content.
We reserve all rights not expressly granted to you in
and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will
constitute a material breach of our Legal Terms and your right
to use our Services will terminate immediately.
Your submissions
and contributions
Please
review this section and the "
PROHIBITED
ACTIVITIES
" section carefully
prior to using our Services to understand the (a) rights you
give us and (b) obligations you have when you post or upload any
content through the Services.
Submissions: By
directly sending us any question, comment, suggestion, idea,
feedback, or other information about the Services ( "Submissions" ), you agree to
assign to us all intellectual property rights in such
Submission. You agree that we shall own this Submission and be
entitled to its unrestricted use and dissemination for any
lawful purpose, commercial or otherwise, without acknowledgment
or compensation to you.
Contributions: The
Services may invite you to chat, contribute to, or participate
in blogs, message boards, online forums, and other functionality
during which you may create, submit, post, display, transmit,
publish, distribute, or broadcast content and materials to us or
through the Services, including but not limited to text,
writings, video, audio, photographs, music, graphics, comments,
reviews, rating suggestions, personal information, or other
material ( "Contributions" ). Any Submission
that is publicly posted shall also be treated as a
Contribution.
You
understand that Contributions may be viewable by other users of
the Services and possibly
through third-party websites .
When you post Contributions,
you grant us a license
(including
use of your name, trademarks, and logos):
By
posting any Contributions, you grant us an unrestricted,
unlimited, irrevocable, perpetual, non-exclusive, transferable,
royalty-free, fully-paid, worldwide right, and license to: use, copy,
reproduce, distribute, sell, resell, publish, broadcast,
retitle, store, publicly perform, publicly display, reformat,
translate, excerpt (in whole or in part), and exploit your
Contributions (including, without limitation, your image, name,
and voice) for any purpose, commercial, advertising, or
otherwise, to prepare derivative works of, or incorporate into
other works, your Contributions, and to sublicense the licenses granted in this
section. Our use and distribution may occur in any media formats
and through any media channels.
This license includes our use
of your name, company name, and franchise name, as applicable,
and any of the trademarks, service marks, trade names, logos,
and personal and commercial images you provide.
You
are responsible for what you post or upload: By
sending us Submissions and/or
posting Contributions
through any part of the Services or making Contributions
accessible through the Services by linking your account through
the Services to any of your social networking accounts, you:
- confirm
that you have read and agree with our
" PROHIBITED ACTIVITIES " and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading; - to the
extent permissible by applicable law, waive any and all
moral rights to any such Submission
and/or Contribution ; - warrant
that any such Submission
and/or Contributions licenses to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions ; and - warrant
and represent that your Submissions
and/or Contributions do not constitute confidential information.
You are solely responsible for your
Submissions and/or Contributions
and you expressly
agree to reimburse us for any and all losses that we may suffer
because of your breach of (a) this section, (b) any third party s
intellectual property rights, or (c) applicable law.
We may remove or edit your
Content: Although we have no obligation to monitor any
Contributions, we shall have the right to remove or edit any
Contributions at any time without notice if in our reasonable
opinion we consider such Contributions harmful or in breach of these
Legal Terms. If we remove or edit any such Contributions, we may
also suspend or disable your account and report you to the
authorities.
Copyright infringement
We respect the intellectual property
rights of others. If you believe that any material available on or
through the Services infringes upon any copyright you own or
control, please immediately refer to the "
COPYRIGHT INFRINGEMENTS
" section below.
By using the Services, you represent and warrant
that:
(1)
all registration information you submit
will be true, accurate, current, and complete;
(2)
you will maintain the accuracy of such information
and promptly update such registration information as
necessary;
(3) you have the
legal capacity and you agree to comply with these Legal
Terms;
(4) you are
not a
minor in the jurisdiction in which you reside
; (
5) you will
not access the Services through automated or non-human
means, whether through a bot, script or
otherwise; (6) you will
not use the Services for any illegal or unauthorized purpose; and
(7) your use
of the Services will not violate any applicable law or
regulation.
If
you provide any information that is untrue, inaccurate,
not current, or incomplete, we have the right to suspend
or terminate your account and refuse any and all current
or future use of the Services (or any portion
thereof).
4.
USER
REGISTRATION
You
may be required to register to use the Services.
You agree to keep your password confidential and
will be responsible for all use of your account
and password. We reserve the right to remove,
reclaim, or change a username you select if we
determine, in our sole discretion, that such
username is inappropriate, obscene, or otherwise
objectionable.
We accept the following forms of payment:
You agree to provide current, complete, and accurate
purchase and account information for all purchases made via the
Services. You further agree to promptly update account and
payment information, including email address, payment method,
and payment card expiration date, so that we can complete your
transactions and contact you as needed. Sales tax will be added
to the price of purchases as deemed required by us. We may
change prices at any time. All payments shall be in
US dollars .
You agree to pay all charges at the prices then in
effect for your purchases and any applicable shipping fees, and
you authorize us to charge your
chosen payment provider for any such amounts upon placing your
order. We reserve the right to correct any errors or mistakes in
pricing, even if we have already requested or received
payment.
We reserve the right to refuse any order placed through
the Services. We may, in our sole discretion, limit or cancel
quantities purchased per person, per household, or per order.
These restrictions may include orders placed by or under the
same customer account, the same payment method, and/or orders
that use the same billing or shipping address. We reserve the
right to limit or prohibit orders that, in our sole judgment , appear to be
placed by dealers, resellers, or distributors.
6.
SUBSCRIPTIONS
Billing and Renewal
Cancellation
Fee
Changes
7.
POLICY
All sales
are final and no refund will be issued.
8.
PROHIBITED ACTIVITIES
You
may not access or use the Services for any purpose other
than that for which we make the Services available. The
Services may not be used in connection with any commercial
endeavors except those
that are specifically endorsed or approved by us.
As
a user of the Services, you agree not to:
- Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
- Use any information obtained from the Services in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Services in a manner inconsistent with any applicable laws or regulations.
- Engage
in
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload
or transmit (or attempt to
upload or to transmit) any
material that acts as a passive
or active information collection
or transmission mechanism,
including without limitation,
clear graphics interchange
formats (
- Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
- Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
- Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
- Except
as may be the result of standard
search engine or Internet
browser usage, use, launch,
develop, or distribute any
automated system, including
without limitation, any spider,
robot, cheat utility, scraper,
or offline reader that accesses
the Services, or use or launch
any
- Use a buying agent or purchasing agent to make purchases on the Services.
- Make
any
- Use
the Services as part of any
effort to compete with us or
otherwise use the Services
and/or the Content for any
revenue-generating
-
Use the Services to advertise or offer to sell goods and services. -
Sell or otherwise transfer your profile. -
Commit any violations of law in your country or state -
Upload any copyrighted content in violation of the laws of the United States, the state of Texas, the state you are accessing the Site from, or the country or territory you are accessing the Site from.
9.
USER GENERATED
CONTRIBUTIONS
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
-
You are the
creator and owner of or have the necessary
licenses authorize - You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
- Your Contributions are not false, inaccurate, or misleading.
-
Your
Contributions are not unsolicited or
unauthorized -
Your
Contributions are not obscene, lewd,
lascivious, filthy, violent, harassing,
libelous - Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.
Any
use of the Services in violation of the
foregoing violates these Legal Terms and may
result in, among other things, termination or
suspension of your rights to use the
Services.
10.
CONTRIBUTION LICENSE
By
posting your Contributions to any part of the
Services
or making
Contributions accessible to the
Services by linking your account
from the Services to any of your
social networking accounts
, you automatically grant, and you
represent and warrant that you have the right to
grant, to us an unrestricted, unlimited,
irrevocable, perpetual, non-exclusive,
transferable, royalty-free, fully-paid,
worldwide right, and license to
host, use, copy, reproduce, disclose, sell,
resell, publish, broadcast, retitle, archive,
store, cache, publicly perform, publicly
display, reformat, translate, transmit, excerpt
(in whole or in part), and distribute such
Contributions (including, without limitation,
your image and voice) for any purpose,
commercial, advertising, or otherwise, and to
prepare derivative works of, or incorporate into
other works, such Contributions, and grant and
authorize
sublicenses of
the foregoing. The use and distribution may
occur in any media formats and through any media
channels.
This
license
will apply to any form, media, or technology now
known or hereafter developed, and includes our
use of your name, company name, and franchise
name, as applicable, and any of the trademarks,
service marks, trade names, logos, and personal
and commercial images you provide. You waive all
moral rights in your Contributions, and you
warrant that moral rights have not otherwise
been asserted in your Contributions.
We
do not assert any ownership over your
Contributions. You retain full ownership of all
of your Contributions and any intellectual
property rights or other proprietary rights
associated with your Contributions. We are not
liable for any statements or representations in
your Contributions provided by you in any area
on the Services. You are solely responsible for
your Contributions to the Services and you
expressly agree to exonerate us from any and all
responsibility and to refrain from any legal
action against us regarding your
Contributions.
We
have the right, in our sole and absolute
discretion, (1) to edit, redact, or otherwise
change any Contributions; (2) to re-categorize
any Contributions to place them in more
appropriate locations on the Services; and (3)
to pre-screen or delete any Contributions at any
time and for any reason, without notice. We have
no obligation to monitor your
Contributions.
11.
SOCIAL MEDIA
As
part of the functionality of the Services, you
may link your account with online accounts you
have with third-party service providers (each
such account, a
"Third-Party Account" )
by either: (1) providing your Third-Party
Account login information through the Services;
or (2) allowing us to access your Third-Party
Account, as is permitted under the applicable
terms and conditions that govern your use of
each Third-Party
Account. You represent and warrant that you are
entitled to disclose your Third-Party
Account login information to us and/or grant us
access to your Third-Party
Account, without breach by you of any of the
terms and conditions that govern your use of the
applicable Third-Party
Account, and without obligating us to pay any
fees or making us subject to any usage
limitations imposed by the third-party service
provider of the Third-Party
Account. By granting us access to any Third-Party
Accounts, you understand that (1) we may access,
make available, and store (if applicable) any
content that you have provided to and stored in
your Third-Party
Account (the
"Social Network Content" )
so that it is available on and through the
Services via your account, including without
limitation any friend lists and (2) we may
submit to and receive from your Third-Party
Account additional information to the extent you
are notified when you link your account with the
Third-Party
Account. Depending on the Third-Party
Accounts you choose and subject to the privacy
settings that you have set in such Third-Party
Accounts, personally identifiable information
that you post to your Third-Party
Accounts may be available on and through your
account on the Services. Please note that if a
Third-Party
Account or associated service becomes
unavailable or our access to such Third-Party
Account is terminated by the third-party service
provider, then Social Network Content may no
longer be available on and through the Services.
You will have the ability to disable the
connection between your account on the Services
and your Third-Party
Accounts at any time. PLEASE NOTE THAT YOUR
RELATIONSHIP WITH THE THIRD-PARTY SERVICE
PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY
ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S)
WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make
no effort to review any Social Network Content
for any purpose, including but not limited to,
for accuracy, legality, or non-infringement, and
we are not responsible for any Social Network
Content. You acknowledge and agree that we may
access your email address book associated with a
Third-Party
Account and your contacts list stored on your
mobile device or tablet computer solely for
purposes of identifying and informing you of
those contacts who have also registered to use
the Services. You can deactivate the connection
between the Services and your Third-Party
Account by contacting us using the contact
information below or through your account
settings (if applicable). We will attempt to
delete any information stored on our servers
that was obtained through such Third-Party
Account, except the username and profile picture
that become associated with your account.
12.
THIRD-PARTY WEBSITES AND CONTENT
The
Services may contain (or you may be sent via the Site ) links to other websites (
"Third-Party Websites" ) as well as
articles, photographs, text, graphics, pictures, designs, music,
sound, video, information, applications, software, and other
content or items belonging to or originating from third parties
( "Third-Party Content" ). Such Third-Party Websites
and Third-Party
Content are not investigated, monitored, or checked for
accuracy, appropriateness, or completeness by us, and we are not
responsible for any Third-Party Websites accessed through the
Services or any Third-Party Content
posted on, available through, or installed from the Services,
including the content, accuracy, offensiveness, opinions,
reliability, privacy practices, or other policies of or
contained in the Third-Party Websites or
the Third-Party
Content. Inclusion of, linking to, or permitting the use or
installation of any Third-Party Websites or
any Third-Party
Content does not imply approval or endorsement thereof by
us. If you decide to leave the Services and access the Third-Party Websites or
to use or install any Third-Party Content,
you do so at your own risk, and you should be aware these Legal
Terms no longer govern. You should review the applicable terms
and policies, including privacy and data gathering practices, of
any website to which you navigate from the Services or relating
to any applications you use or install from the Services. Any
purchases you make through Third-Party Websites
will be through other websites and from other companies, and we
take no responsibility whatsoever in relation to such purchases
which are exclusively between you and the applicable third
party. You agree and acknowledge that we do not endorse the
products or services offered on Third-Party Websites
and you shall hold us blameless from any harm caused by your
purchase of such products or services. Additionally, you shall
hold us blameless from any losses sustained by you or harm
caused to you relating to or resulting in any way from any Third-Party Content or
any contact with Third-Party
Websites.
13.
ADVERTISERS
We
allow advertisers to display their advertisements and other
information in certain areas of the Services, such as sidebar
advertisements or banner advertisements. We simply provide the
space to place such advertisements, and we have no other
relationship with advertisers.
14.
SERVICES MANAGEMENT
We reserve the right, but not the
obligation, to: (1) monitor the Services for violations of these
Legal Terms; (2) take appropriate legal action against anyone who,
in our sole discretion, violates the law or these Legal Terms,
including without limitation, reporting such user to law enforcement
authorities; (3) in our sole discretion and without limitation,
refuse, restrict access to, limit the availability of, or disable
(to the extent technologically feasible) any of your Contributions
or any portion thereof; (4) in our sole discretion and without
limitation, notice, or liability, to remove from the Services or
otherwise disable all files and content that are excessive in size
or are in any way burdensome to our systems; and (5) otherwise
manage the Services in a manner designed to protect our rights and
property and to facilitate the proper functioning of the Services.
15.
PRIVACY POLICY
We
care about data privacy and security. Please review our Privacy
Policy:
https://www.childrenareaheritage.com/privacy-policy
. By using the Services, you agree to be
bound by our Privacy Policy, which is incorporated into these
Legal Terms. Please be advised the Services are hosted in the
United States
,
Singapore
and
Netherlands
. If you access
the Services from any other region of the world with laws or
other requirements governing personal data collection, use, or
disclosure that differ from applicable laws in
the United States
,
Singapore
and
Netherlands
, then through
your continued use of the Services, you are transferring your
data to
the United States
,
Singapore
and
Netherlands
, and you
expressly consent to have your data transferred to and processed
in
the United States
,
Singapore
and
Netherlands
.
16.
COPYRIGHT INFRINGEMENTS
We
respect the intellectual property rights of others. If you
believe that any material available on or through the Services
infringes upon any copyright you own or control, please
immediately notify us using the contact information provided
below (a "Notification" ). A copy of your
Notification will be sent to the person who posted or stored the
material addressed in the Notification. Please be advised that
pursuant to applicable law you may be held liable for damages if
you make material misrepresentations in a Notification. Thus, if
you are not sure that material located on or linked to by the
Services infringes your copyright, you should consider first
contacting an attorney.
17.
TERM AND TERMINATION
These
Legal Terms shall remain in full force and effect while you use
the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE
LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND
WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE
SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY
PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT
LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR
COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW
OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE
SERVICES OR DELETE
YOUR ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME,
WITHOUT WARNING, IN OUR SOLE DISCRETION.
If
we terminate or suspend your account for any reason, you are
prohibited from registering and creating a new account under
your name, a fake or borrowed name, or the name of any third
party, even if you may be acting on behalf of the third party.
In addition to terminating or suspending your account, we
reserve the right to take appropriate legal action, including
without limitation pursuing civil, criminal, and injunctive
redress.
18.
MODIFICATIONS AND INTERRUPTIONS
We
reserve the right to change, modify, or remove the contents of
the Services at any time or for any reason at our sole
discretion without notice. However, we have no obligation to
update any information on our Services. We will not be liable to you
or any third party for any modification, price change,
suspension, or discontinuance of the Services.
We
cannot guarantee the Services will be available at all times. We
may experience hardware, software, or other problems or need to
perform maintenance related to the Services, resulting in
interruptions, delays, or errors. We reserve the right to
change, revise, update, suspend, discontinue, or otherwise
modify the Services at any time or for any reason without notice
to you. You agree that we have no liability whatsoever for any
loss, damage, or inconvenience caused by your inability to
access or use the Services during any downtime or discontinuance
of the Services. Nothing in these Legal Terms will be construed
to obligate us to maintain and support the Services or to supply
any corrections, updates, or releases in connection
therewith.
19.
GOVERNING LAW
These
Legal Terms and your use of the Services are governed by and
construed in accordance with the laws of
the State of Texas
applicable to agreements made and to be entirely
performed within
the State of Texas
,
without regard to its conflict of law
principles.
20.
DISPUTE RESOLUTION
Informal
Negotiations
To expedite resolution and control the
cost of any dispute, controversy, or claim related to these
Legal Terms (each a "Dispute"
and collectively, the "Disputes" ) brought by either
you or us (individually, a
"Party" and collectively, the "Parties" ), the Parties
agree to first attempt to negotiate any Dispute (except those
Disputes expressly provided below) informally for at least thirty (30) days before initiating
arbitration. Such informal negotiations commence upon written
notice from one Party to the other Party.
Binding
Arbitration
If for any reason, a Dispute proceeds
in court rather than arbitration, the Dispute shall be commenced
or prosecuted in the
state and federal courts
located in
Tarrant ,
Texas
, and the Parties hereby
consent to, and waive all
defenses of lack
of personal jurisdiction, and forum non conveniens with respect
to venue and jurisdiction in such
state and federal courts . Application of
the United Nations Convention on Contracts for the International
Sale of Goods and the Uniform Computer Information Transaction
Act (UCITA) are excluded from these Legal Terms.
Restrictions
The Parties agree that
any arbitration shall be limited to the Dispute between the Parties
individually. To the full extent permitted by law, (a) no
arbitration shall be joined with any other proceeding; (b) there is
no right or authority for any Dispute to be arbitrated on a
class-action basis or to utilize
class action
procedures; and (c) there is no right or authority for any Dispute
to be brought in a purported representative capacity on behalf of
the general public or any other persons.
21.
CORRECTIONS
There may be information
on the Services that contains typographical errors, inaccuracies, or
omissions, including descriptions, pricing, availability, and
various other information. We reserve the right to correct any
errors, inaccuracies, or omissions and to change or update the
information on the Services at any time, without prior notice.
22.
DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE
BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR
SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM
ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE
SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION,
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES
OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE
SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE
APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO
LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR
PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR
ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE
OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION
AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE
SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE
WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD
PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND
MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT,
ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR
SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE
SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE
WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR
MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A
PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU
SHOULD USE YOUR BEST JUDGMENT
AND EXERCISE
CAUTION WHERE APPROPRIATE.
23.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE
OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR
ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES,
INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER
DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO
THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO
YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF
THE FORM OF THE ACTION, WILL AT ALL TIMES BE
LIMITED TO
THE
AMOUNT PAID, IF ANY, BY YOU TO US
DURING
THE
six (6)
mONTH PERIOD PRIOR
TO ANY CAUSE OF
ACTION
ARISING
.
CERTAIN US STATE LAWS AND
INTERNATIONAL 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 OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL
RIGHTS.
24.
INDEMNIFICATION
You agree to
defend, indemnify, and hold us harmless, including our
subsidiaries,
affiliates, and all of our respective officers, agents,
partners, and
employees, from and against any loss, damage, liability, claim,
or demand, including
reasonable attorneys fees and expenses, made by any third party
due to or
arising out of:
(1) your Contributions;
(2) use of the
Services; (3) breach
of these Legal Terms; (4) any breach of your
representations and warranties set forth in these Legal Terms;
(5) your violation of
the rights of a third party, including but not limited to
intellectual property rights; or (6) any overt harmful
act toward any other user of the Services with whom you
connected via the Services. Notwithstanding the foregoing, we
reserve the right, at your expense, to assume the exclusive defense and control of any
matter for which you are required to indemnify us, and you agree
to cooperate, at your expense, with our defense of such claims. We
will use reasonable efforts to notify you of any such claim,
action, or proceeding which is subject to this indemnification
upon becoming aware of it.
25.
USER DATA
We will maintain
certain data that you transmit to the Services for the purpose
of managing the
performance of the Services, as well as data relating to your
use of the Services. Although we perform regular routine backups
of data, you are solely responsible for all data that you
transmit or that
relates to any activity you have undertaken using the Services.
You agree
that we shall have no liability to you for any loss or
corruption of any such
data, and you hereby waive any right of action against us
arising from any such
loss or corruption of such data.
26.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND
SIGNATURES
Visiting the Services, sending us emails, and completing
online forms constitute electronic communications. You consent
to receive electronic communications, and you agree that all
agreements, notices, disclosures, and other communications we
provide to you electronically, via email and on the Services,
satisfy any legal requirement that such communication be in
writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES,
CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY
OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR
COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights
or requirements under any statutes, regulations, rules,
ordinances, or other laws in any jurisdiction which require an
original signature or delivery or retention of non-electronic
records, or to payments or the granting of credits by any means
other than electronic means.
27.
CALIFORNIA USERS AND RESIDENTS
If any complaint
with us is not satisfactorily resolved, you can contact the
Complaint
Assistance Unit of the Division of Consumer Services of the
California
Department of Consumer Affairs in writing at 1625 North Market
Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800)
952-5210 or (916)
445-1254.
28.
MISCELLANEOUS
These Legal Terms and any policies or operating rules
posted by us on the Services or in respect to the Services
constitute the entire agreement and understanding between you
and us. Our failure to exercise or enforce any right or
provision of these Legal Terms shall not operate as a waiver of
such right or provision. These Legal Terms operate to the
fullest extent permissible by law. We may assign any or all of
our rights and obligations to others at any time. We shall not
be responsible or liable for any loss, damage, delay, or failure
to act caused by any cause beyond our reasonable control. If any
provision or part of a provision of these Legal Terms is
determined to be unlawful, void, or unenforceable, that
provision or part of the provision is deemed severable from
these Legal Terms and does not affect the validity and
enforceability of any remaining provisions. There is no joint
venture, partnership, employment or agency relationship created
between you and us as a result of these Legal Terms or use of
the Services. You agree that these Legal Terms will not be
construed against us by virtue of having drafted them. You
hereby waive any and all
defenses you may
have based on the electronic form of these Legal Terms and the
lack of signing by the parties hereto to execute these Legal
Terms.
29.
CONTACT US
In order to resolve a complaint regarding the Services
or to receive further information regarding use of the Services,
please contact us at: