USER REGISTRATION. You may be required to register in order to access certain features of the Site. You will choose a user name and a password through the Site’s registration process. You are responsible for keeping your user name and password confidential. You are responsible for all activities (whether by you or by others) that occur under your password and account. You agree to notify us immediately of any unauthorized uses of your account or any other breach of security. Owner cannot and will not be liable for any loss or damage arising from your failure to keep your account information protected.
INTELLECTUAL PROPERTY RIGHTS.
Owner Limited License to You. The Site and all materials available on it are the property of Owner or its licensors and are protected by copyright, trademark and other intellectual property laws. Owner provides the Site solely for personal, non-commercial use. You may not use the contents of the Site in any manner or for any purpose that would constitute infringement of Owner’s or its licensors’s intellectual property rights. You may download and/or print one copy of individual pages of the Site or documents available for download for your personal, non-commercial use.
[Your License to Owner. By posting or submitting any material (including, without limitation, text, photos and videos) to Owner via the Site or otherwise, you are representing that the information or material is truthful, that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material. You grant us, or anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display the material in whole or in part.] [This section should be included if Company is allowing users to post submissions, comments, media, etc.]
Federal and State Laws. When using the Site, on the Site, or in any other media selected by Owner, the User must obey all applicable federal, state and local laws. The Site was created and will be operated from the United States. Any use of this site that violates any applicable laws will be grounds for discontinuing the User’s rights to access the Site.
PROHIBITED ACTIVITIES. The following activities are expressly prohibited from the Site:
Creating a username in violation of anyone's trade secret, copyright, or other intellectual property right.
Creating a username that contains offensive content. Offensive content may include, but is not limited to, obscene language, obscene references, threatening or harassing messages, or defamatory statements.
Engaging in activity that compromises the Site. Such activity may include, but is not limited to hacking, IP attacks, worms, viruses, spamming, phishing, cancel bots, Trojan horses, and mail bombing or crashing.
Engaging in any activity designed to impede the use of the Site by other users, including overloading and flooding.
Framing or deep linking into the Site.
Accessing the Site by means of automated process, spiders, bots or similar device.
USER SUSPENSION AND/OR TERMINATION. Owner may cancel or terminate the User’s right to access or use any part of the Site at any time without notice. The User agrees that breach of any of the terms in this Agreement may result in the immediate termination of the User’s account and/or give rise to civil action against the User. The disclaimers herein and all restrictions on the User regarding information downloaded or obtained from the Site shall survive any cancellation or termination of the User’s right to use the Site.
Third Party Listings. The listing of any third party professional or other goods or services provider on the Site is provided solely as a convenience for the User. Owner listing of any third party does not create a partnership or affiliation with the third party. Owner listing of any third parties does not constitute sponsorship or endorsement of these professionals or service providers. The User shall make a competent consumer decision before employing the services of any listed third party professional or service provider. The User bears all risk associated with the employing of any third party and obtaining their goods or services.
DISCLAIMER OF WARRANTY. THE INFORMATION AND SERVICES OFFERED ON OR THROUGH THE SITE AND ANY REFERENCED THIRD-PARTY SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THIS INCLUDES ANY LISTING OF ANY THIRD PARTY GOODS OR SERVICE PROVIDER INCLUDED IN THE SITE. ANY THIRD PARTY GOODS OR SERVICE PROVIDER IS SUPPLIED AS A CONVENIENCE TO THE USER AND LISTING DOES NOT CONSTITUTE SPONSORSHIP, AFFILIATION, PARTNERSHIP, OR ENDORSEMENT. OWNER DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
OWNER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, MATERIAL ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
LIMITATION OF LIABILITY. THE LIABILITY OF OWNER, ITS AGENTS, EMPLOYEES, SUBCONTRACTORS AND SUPPLIERS WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF THE USER’S USE OF THE SITE, OR THE RENDITION OF SERVICES OBTAINED THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED, IN THE AGGREGATE, THE NET TOTAL COST (EXCLUDING TAXES AND FREIGHT) FOR SUCH PRODUCTS OR SERVICES PROVIDED BY OWNER.
IN NO EVENT WILL OWNER BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE SITE, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON the User’s INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF OWNER IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
USER INDEMNIFICATION. You agree to indemnify Owner and its affiliates, employees, agents, representatives and third party service providers and you agree to defend and hold each of them harmless, from any and all claims, demands, actions, liability, fines, penalties and expenses, whether based on warranty, contract, negligence, strict liability or otherwise, that may arise from any of your acts through the use of the Site. Such acts may include but are not limited to: submissions, unauthorized use of material obtained through the Site or breach of this agreement.
COPYRIGHT COMPLAINTS. Owner respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Owner copyright agent with the following information.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
Description of the copyrighted work that you claim has been infringed;
The location of the material that you claim is infringing is located on the Site;
Your address, telephone number and e-mail address;
A statement that your claim of infringement is based on a good faith belief; and
A statement made under penalty of perjury, that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Owner copyright agent for notice of claims of copyright infringement on its site can be reached as follows: [Note to web designer: please provide Hyperlink to Copyright Agent’s e-mail and/or provide mailing address of Owner Copyright agent or web-site administrator]
Severability. If any term or provision in the Agreement is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken from the Agreement in its entirety, and the remainder of this Agreement shall survive with the said offending provision eliminated.
Website Availability. Because public networks, such as the internet, occasionally experience disruptions, Owner cannot guarantee the Site will be available 100% of the time. Although Owner strives to provide the most reliable website possible, interruptions and delays in accessing the Site are unavoidable and Owner disclaims any liability for damages resulting from such problems.
Typographical Errors. Information on the Site may contain technical inaccuracies or typographical errors. We attempt to make the Site’s postings as accurate as possible, but Owner does not warrant the content of the Site is accurate, complete, reliable, current, or error-free.
Headings. Condition and section headings are for convenience of reference only and shall not affect the interpretation of this Agreement.
CONTROLLING LAW AND VENUE. It is understood and agreed that all the construction and interpretation of this Agreement and the relationship between the parties shall at all times and in all respects be governed by the internal laws of the State of Texas, without giving effect to the conflict of laws provisions thereof. Venue of any action brought to enforce or relating to this Agreement or arising out of the relationship between the parties shall be brought exclusively in the NAME County STATE District Court or the United States District Court for the _______ District of STATE.