In these Terms, “you” or “your” refers to any user of this Website, and “we” or “us” or “our” refers to The Dallas Foundation, the owner(s) and/or operator(s) of this Website. In addition to the Terms, there may be special terms, licenses, or registrations requirements for certain Services made available to you by us via this Website to which you must agree or that you must acknowledge or complete to participate in such Services. These additional terms or licenses will be posted in connection with the applicable Service, are in addition to the Terms, are incorporated herein by reference, and to the extent these additional terms conflict with the Terms, such additional terms will govern access to or use of that particular Service.
Please read these Terms and the information referred to or linked to in these Terms carefully and ensure you understand them. From time to time, we may unilaterally modify these Terms, so it is important that you review these Terms every time you use this Website. Any use of this Website is conditioned on your agreement to, and compliance with, any and all Terms in effect at the time of such use, AND Your continued use of this website or services following any changes made to these TERMS constitutes your acceptance of those changes and your agreement to be legally bound by them.
We may at any time, with or without prior notice, modify, change, remove, and add any Content or Services, change the address of this Website, or suspend, terminate, prevent access, or undertake maintenance regarding this Website or any part thereof without being liable to you or anyone else, except if and to the extent prohibited by applicable U.S. federal or Texas state or local law.
This Website is owned by The Dallas Foundation (“Foundation”). If you have any questions about our Terms, please contact us.
How You May Use this Website and Our Content
You may use this Website, the Content made available to you by us on this Website, and any Services made available by us to you via this Website for personal, noncommercial, and, as applicable, educational purposes only. You may copy and distribute such Content, without modification, for personal, noncommercial, and/or educational purposes only. All copies of Content that you make must bear any copyright notice set forth on the bottom of the page containing such Content, or if none, a copyright notice in the form “© Copyright 2011. The Dallas Foundation. All rights reserved.” In addition, all copies of the Content must also bear any trademark or other proprietary notices located on the Website which pertain to the Content being copied. Except as expressly authorized in this paragraph, you are not granted any right or license under any copyright, trademark, service mark, patent or other intellectual property right in or to any Content, Services, processes or technology of the Foundation, its affiliates, and/or any applicable third party. All such rights are retained by the Foundation, its affiliates, and/or any applicable third-party owner of such rights.
YOU ARE RESPONSIBLE FOR PROVIDING, PAYING FOR, AND ENSURING ANY INTERNET CONNECTION, WHETHER BY LANDLINE, WIRELESS OR MOBILE CONNECTION, AND THE USE OF ANY COMPUTER, HARDWARE, SOFTWARE, AND MOBILE DEVICE NECESSARY OR USED FOR ACCESSING AND USING THIS WEBSITE, AND FOR PAYING FOR AND MAINTAINING SUCH CONNECTION, COMPUTER, HARDWARE AND SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY DATA AND CONNECTION CHARGES.
Trademarks and Service Marks
The trademarks, service marks, trade names, logos, domain names, and other names, marks and source identifiers displayed on or used with this Website (collectively, the “Marks”) are owned by us or third parties, and this Website’s trade dress is owned by us. All Marks not owned by us are the property of their respective owners, and are used by us with permission. Nothing contained on this Website may be construed as granting any right or license to use any Mark in any advertising, publicity, or in any other commercial manner without an express prior written license given by the Foundation.
Registration and Passwords
to know what information we collect and how we use, disclose and share such information.
Should we provide to you a user name and/or password, or if you select a user name and/or password (and there may be specific requirements for selecting a user name and/or password), that allows you to access certain parts or Content of the Website or to receive certain Services via this Website, you will be solely responsible for maintaining the confidentiality of the user name, password, and your account information, and are fully responsible for all activities that occur under your user name, password or user account. You agree that you will immediately notify us of any unauthorized use of your user name, password, or account, or any other breach of security. When selecting a user name, you agree: (i) not to use your real name or the real name of another person as the user name, (ii) not to use or select a user name for any deceptive, fraudulent, unlawful, or illegal purposes, and (iii) that your user name may be visible to all users of this Website and the internet’s general public while you use this Website.
Additionally, please be aware of a scam known as “phishing,” in which identity thieves send emails or texts to a service provider’s customers asking them to verify personal information or otherwise divulge personal data directly in response to the email or text or via a linked website or attachment. We will never send emails or texts to you asking you to provide or verify your log-in information and/or password in any manner, including by clicking on a website link or clicking on an attachment contained in an email or text. While communications of this nature may look like they are from us, and even use our logo, they are most likely a “phishing” scam. Do not respond to e-mails or text messages of this nature. If you receive an email or text purporting to be from us and question it, do not hesitate to contact us to confirm it.
Communications and Submissions
You may register with this Website to receive communications from us. By providing your contact information for a corresponding means of communication (which means of communication may include one or more of e-mail, mail, telephone (land line and mobile), text message, and/or any other means of communication) to us via the Website, you agree that we may send communications about us, our services and programs, and your account as well as notifications, alerts, updates, and specific responses to your inquiries to you through such means of communication until you affirmatively opt-out in such manner and form via the Unsubscribe portion of the Website or in such manner and form otherwise provided by us. We will take commercially reasonable steps to discontinue such messages after receiving notice of your opt-out selection. If you agree to communicate with us through telephone or mobile device via voice or text communications, you also agree that we may send you communications to the identified telephone or mobile device number or contact even if you change the carrier or service provider of you telephone or mobile communication services until you affirmatively opt out as stated above. You are responsible for all connection, data, usage, and other fees, charges, and costs incurred by you in connection with sending communications to us and receiving communications from us.
We may give you the opportunity to submit questions, comments, suggestions, testimonials, stories, photographs or other images, videos, remarks, reviews, statements or other materials of any kind (each a “Submission”) by e-mail or direct communication through this Website or in any other form. If you send such an e-mail to us, you are communicating with us electronically and you consent to receive communications from us electronically to your e-mail address from which you send such e-mail; such communications may consist of information about us, information about our services and programs, notifications, alerts, updates, and/or specific responses to your communications to us.
You may provide us with any Submission in the manner stated on this Website, subject to the limitations stated herein, and agree not to use the Website for any of the following:
- To post any information, material, or content or engage in any communication in any manner or form that is unlawful, libelous, abusive, offensive, obscene, racist, discriminatory, or otherwise objectionable.
- For any illegal purpose or to conspire with others to violate any laws.
- To harass, stalk, intimidate, threaten, bully or otherwise harm any individual.
- To post, transfer or use any information, material, data, or any other content that would violate the intellectual property rights of any party, including without limitation rights in trademarks, copyrights, patents, trade secrets, inventions, and other proprietary rights (collectively, “Intellectual Property”).
- To post, transfer, or use any information, material, data, or other content for which you do not own the Intellectual Property rights or have permission or authorization to use.
- To violate the Intellectual Property rights, publicity rights, or privacy of another person or party.
- To post, use, release, or communicate any information or content that is the confidential information of another party or that you are contractually bound not to disclose without that party’s consent and authorization.
- To post or use any information, material, data, or other content like that depicts the exploitation of any individual or scandalous subject matter.
- To post or use any information, material, data, or other content that is false or misleading.
- To impersonate, misrepresent, or falsely identify your identity.
- To use the Website for commercial purposes.
- To post, email, communicate, or otherwise make available solicitations, advertising and promotional materials, junk mail, “spam,” and other marketing schemes, whether solicited or unsolicited.
- To post, use, transmit, or otherwise make available any material or content, including software programs, that may include software viruses, Trojan horses, code, or any other component that could disrupt or harm, or that is intended to disrupt or harm, our server or the services provided hereunder.
- To post an image of any person under the age of eighteen (18) without the prior written parental consent of such person.
- To modify the content submitted by another party.
- To claim ownership of content that you did not create or do not rightfully own.
- To access or attempt to access or reverse engineer any software used with the Website.
You agree not to provide any Submission under the name or identity of a different existing person. By providing a Submission, you grant us the unrestricted, unlimited, perpetual right and license to use such Submission for any purpose, including, without limitation, to copy, distribute, display, modify, edit, and publish it. We shall not be liable to you, and you shall have no claim against us, for any royalty, fee, or payment of any kind in connection with any use of a Submission or for the compensation or reimbursement of any cost, expense or liability incurred by you. We have no obligation or responsibility regarding any Submission. Any Submission submitted by you is submitted at your own risk.
By providing us with a Submission, you expressly agree and consent that we: (i) are not required to use or publish any Submission and may decide to do so in our sole discretion; (ii) may publish or display the Submission or any part thereof on this Website (including, without limitation, on any blog or message board if the Submission was provided in connection with such blog or message board) or in any of our promotional, marketing or informational materials; (iii) may, but shall not be required or have any obligation to, edit the Submission prior to any publication or display thereof; (iv) may in our sole discretion delete or remove any Submission published or displayed on this Website; and (v) may identify you by your user name as the source of such Submission if we publish or display it. Without limiting the foregoing, if we believe that a Submission violates the Terms, we may in our sole discretion delete and remove such Submission without prejudice to any other rights and remedies that we may have with respect to such violation of the Terms.
If any Submission or Content posted on this Website infringes any copyright of you, please proceed in accordance with our Copyright Policy.
Links to Third Party Sites
In some cases, we may post links to sites or pages outside this Website, which are provided solely for your convenience, and you access or use such links, sites or pages at your own risk. In other cases, you may access this Website through a link on another website or page or framed by another site. In no event are we responsible or liable for any link, any site or page linked from this Website or linking to this Website, any site or page framed by this Website or part of it or framing this Website or any part of it, or for any content, data, materials, software, code, virus, worm, or other thing contained in, transmitted by or affecting any such link, linked site or page, linking site or page, framed site or page, or framing site or page. You may not frame this Website or any Content, or deep-link to any part of this Website or any Content, or any part thereof, or cause any banners to appear anywhere on or in connection with this Website or any Content, or any part thereof.
We reserve the right to post alert banners, customer education and similar content throughout this Website. Any interactions, correspondence, and business dealings that you have with any third parties found on or through this Website (including via linked sites) are solely between you and the third party (including, without limitation, issues related to the content of third party payments, delivery of goods, warranties, and the like). We disclaim all liability in connection with any such third party, interaction, correspondence and business dealings.
While we use reasonable efforts to include accurate and up-to-date information on this Website, we make no warranties or representations as to accuracy of the information. We assume no liability or responsibility for any errors or omissions in the content on the Website.
We are not responsible for any Submission that you or any third party provides to us, including, without limitation, any statements, assertions, expressions, or content thereof.
The Website, all CONTENT on thIS Website, and any services AVAILABLE via the website are provided "AS IS" “WHERE IS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, USEFULNESS, ACCURACY, OR NON-INFRINGEMENT, ALL WHICH ARE HEREBY DISCLAIMED.
IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATES, VENDORS, CONTRACTORS, CONSULTANTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA AS A RESULT OF CLAIMS, WHETHER BROUGHT IN CONTRACT OR TORT, ARISING OUT OF OR CONNECTED WITH THIS WEBSITE, THE SERVICES AVAILABLE VIA THIS WEBSITE, THE INFORMATION CONTAINED IN OR ACCESSED FROM THIS WEBSITE, THE ACCESS TO, USE OF OR RELIANCE UPON THIS WEBSITE, THE SERVICES AVAILABLE VIA THIS WEBSITE, OR THE INFORMATION CONTAINED IN OR ACCESSED FROM THIS WEBSITE, OR ANY DELAY, INTERRUPTION, FAILURE OR INABILITY OF SUCH ACCESS OR USE.
THE USER OF THIS WEBSITE ASSUMES ALL RESPONSIBILITY AND RISK FOR ACCESS TO AND THE USE OF THIS WEBSITE AND THE INTERNET GENERALLY. WE AND OUR AFFILIATES, VENDORS, CONTRACTORS, CONSULTANTS, LICENSORS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO ACCESS TO AND USE OF THIS WEBSITE OR THE INTERNET, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE AND OUR AFFILIATES, VENDORS, CONTRACTORS, CONSULTANTS, LICENSORS, AND SUPPLIERS DO NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THIS WEBSITE OR OTHER INFORMATION ACCESSIBLE FROM THIS WEBSITE. we and our AFFILIATES, VENDORS, CONTRACTORS, CONSULTANTS, LICENSORS, AND SUPPLIERS assume no responsibility or liability for any technical problem, delay, disruption in service, or any other malfunction that makes the website OR CONTENT THAT YOU POST UNAVAILABLE, AND we and our AFFILIATES, VENDORS, CONTRACTORS, CONSULTANTS, LICENSORS, AND SUPPLIERS will not be responsible for any damage to your computer, LOSS OF THE WORK OR ANY CONTENT, or any loss of data resulting from such use. IN NO EVENT SHALL WE OR OUR AFFILIATES, VENDORS, CONTRACTORS, CONSULTANTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, REVENUE OR PROFITS, WHETHER RESULTING FROM AN ACTION OF CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, NEGLIGENCE OR OTHER TORT, ARISING OUT OF OR IN CONNECTION WITH THE ACCESS TO, USE OF, OR RELIANCE UPON THE INFORMATION ON THIS WEBSITE OR THE INTERNET GENERALLY.
WE USE APPROPRIATE COMMERCIALLY AVAILABLE ANTI-VIRUS SOFTWARE TO ENSURE THAT OUR WEBSITE DOES NOT CONTAIN OR CARRY VIRUSES OR OTHER FORMS OF UNAUTHORIZED CODE. HOWEVER, DUE TO THE RAPIDLY DEVELOPING NATURE OF VIRUSES AND OTHER FORMS OF UNAUTHORIZED CODE AND THE INTERNET, WE STRONGLY RECOMMEND THAT YOU ALSO EMPLOY ANTI-VIRUS AND FIREWALL SOFTWARE WHEN ACCESSING THIS WEBSITE. WE CANNOT GUARANTEE, AND DO NOT WARRANT OR REPRESENT, THAT THIS WEBSITE OR ELECTRONIC COMMUNICATION IS FREE FROM VIRUSES AND OTHER FORMS OF UNAUTHORIZED CODE.
IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATES, VENDORS, CONTRACTORS, CONSULTANTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY ACT OR EVENT THAT IS BEYOND OUR OR ITS CONTROL AND WHICH COULD NOT BE REASONABLY ANTICIPATED OR PREVENTED THROUGH THE USE OF REASONABLE MEASURES, INCLUDING, BUT NOT LIMITED TO, AN ACT OF GOD, ACT OF THE PUBLIC ENEMY, TERRORISM, WAR, INSURRECTION, RIOT, FIRE, EXPLOSION, LABOR DISTURBANCE OR STRIKE, NATURAL DISASTER, WILDLIFE, UNAVOIDABLE ACCIDENT, EQUIPMENT OR MATERIAL SHORTAGE, BREAKDOWN OR ACCIDENT TO MACHINERY OR EQUIPMENT, OR GOOD FAITH COMPLIANCE WITH AN ORDER, LAW, RULE, REGULATION, OR RESTRICTION BY A GOVERNMENTAL, MILITARY, OR LAWFULLY ESTABLISHED CIVILIAN AUTHORITY.
IF AND TO THE EXTENT THAT ANY APPLICABLE LAW PROVIDES THAT, NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS ENTIRE SECTION, ANY DISCLAIMER, EXCLUSION OF LIABILITY, OR LIMITATION OF LIABILITY, OR PART THEREOF, SET FORTH IN THIS SECTION IS NOT VALID OR ENFORCEABLE, THE DISCLAIMER OR EXCLUSION OF LIABILITY OR LIMITATION OF LIABILITY UNDER THIS SECTION SHALL BE INTERPRETED TO BE EFFECTIVE TO THE GREATEST EXTENT TO EFFECT THE PURPOSES AND INTENT OF SUCH PROVISIONS AS WRITTEN HEREIN AND AS PERMISSIBLE UNDER SUCH APPLICABLE LAW. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIABILITY; THEREFORE, IF THIS IS THE CASE, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
WE DO NOT PROVIDE ANY LEGAL OR OTHER ADVICE ON THIS WEBSITE OR ANY CONTENT. NO INFORMATION OBTAINED BY YOU FROM US OR THROUGH OR FROM THIS WEBSITE CONSTITUTES OR WILL GIVE RISE TO ANY WARRANTY OR ANY LEGAL OR OTHER ADVICE BY US.
You agree to defend, indemnify, and hold us harmless from and against any and all harm, claims, damages, costs, losses and expenses (including reasonable attorneys’ fees) arising from or related to the any of the following: (i) your use of the Website; (ii) the content you provide to us; (iii) the content that you post on our Website; (iv) the breach of any warranty or representation made by you under these Terms; (v) your violation of any of the provisions of these Terms; and (vi) any claims of alleged infringement of the Intellectual Property of a third party based on your use of the Content or Submissions that you provide.
Acceptance and Jurisdiction
By using this Website, you agree that you have read, understand and will abide, and be bound, by the Terms. If you do not agree to these Terms, please do not use this Website. These Terms shall be governed in all respects in accordance with the laws of the State of Texas without regard to the conflict or choice of law rules thereof. Federal and state courts sitting in the State of Texas, Dallas County, shall have exclusive jurisdiction over any dispute arising hereunder, and you hereby expressly submit and agree to the personal jurisdiction of any such court.
Should any section, or portion thereof, of these Terms be held invalid by reason of any law existing now or in the future in any jurisdiction by any court of competent authority or by a legally enforceable directive of any governmental body, such section or portion thereof shall be validly reformed so as to approximate the intent of these Terms as nearly as possible and, if unreformable, shall be deemed divisible and deleted with respect to such jurisdiction; these Terms shall not otherwise be affected.