TERMS AND CONDITIONS OF USE
Texas Wall Street Women, along with its affiliates (collectively referred to herein as “TXWSW,” “we,” or “us”), provide the information on this website (the “website”) as a service to our visitors to be used for informational purposes only. This agreement on the Terms and Conditions of Use (this “Agreement”) describes the terms and conditions under which TXWSW will permit persons who visit this website to use the site and the services that we make available on or through it (the “Services”), including, without limitation, (i) persons who are authorized to use specified secure areas of this site (“Authorized Users”) and (ii) other persons who visit the website but who are not authorized to use such secure areas (Authorized Users and other visitors collectively referred to as “you”). Please read this Agreement carefully and refer to it as often as necessary. This Agreement provides all of the applicable TXWSW requirements and comprises the entire agreement between you and TXWSW with respect to the website and the Services.
2. ACCEPTANCE OF TERMS THROUGH USE; ACKNOWLEDGEMENTS AND DISCLOSURES
By using the website, you signify your agreement to all terms, conditions, disclosures, and notices contained or referenced in this Agreement. If you do not agree to this Agreement, you are not permitted to use the website. TXWSW reserves the right, at its discretion, to update or revise this Agreement. Please check this Agreement periodically for changes. Your continued use of the website following the posting of any changes to this Agreement constitutes acceptance of those changes.
You acknowledge that the information, materials, products, and Services on this website are subject to change. Not all products and Services are available in all geographic areas. Your eligibility for particular products and Services is subject to determination by and the approval of TXWSW.
3. USER CONDUCT
You agree not to use the website for any unlawful purpose. You agree not to attempt to gain access to any area of the website and any information for which you have not previously received authorization in writing. You also acknowledge and agree that TXWSW has put into place security measures designed to prevent unauthorized access to the information of other Authorized Users, and should you gain access to any information for which you have not received prior authorization, you will not view, download, print, harvest, or collect or attempt to view, download, print, harvest, or collect any such information. You also agree that you will not upload or attempt to upload any content (including text, communications, software, images, sounds, data, or other information) that contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party.
You acknowledge and agree that, although TXWSW has implemented and uses its best efforts to maintain security measures designed to prevent the unauthorized access by visitors and other Authorized Users to the information that you are authorized to access and use, no security measures are available that can be 100% guaranteed to prevent such unauthorized access. TXWSW therefore does not warrant that such security measures will prevent such unauthorized access in each and every instance.
You further agree that you will not harvest or collect, or attempt to harvest or collect, information about other Authorized Users and other visitors to the website or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.
4. THIRD PARTY SITES
The website may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of TXWSW, and you acknowledge that TXWSW is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by TXWSW or any association with its operators.
5. PROPRIETARY RIGHTS
You acknowledge and agree that all content and materials available on the website may be protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as may be expressly authorized by TXWSW under a separate written agreement, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Notwithstanding the foregoing sentence, and unless TXWSW grants you broader rights under such separate written agreement, you are granted a limited license to print or download one copy of the materials or content on the Website on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices; subject, however, to any express terms and conditions displayed with such materials or content. Systematic retrieval of data or other content from the website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from TXWSW is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited. Except as expressly provided above, all rights are reserved.
As discussed above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on the website is strictly prohibited without the express written permission of TXWSW or as provided in a separate written agreement with TXWSW. Among other things, except to the extent required for the limited purpose of reviewing material on the website, electronic reproduction, adaptation, distribution, performance, or display is prohibited. Use of any of TXWSW’s trademarks as metatags on other websites is also strictly prohibited. You may not display this website in frames (or any of the content or materials via in-line links) without our express written permission. Permission to use certain content or materials in a manner prohibited by this Section 5 is granted only when certain limited criteria are met.
6. DISCLAIMER OF WARRANTIES
ALL MATERIALS, INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. TXWSW AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE, OR CORRECT; THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT UNAUTHORIZED ACCESS TO OR MISAPPROPRIATION OF THE CONTENT WILL NOT OCCUR; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE WEBSITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
7. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL TXWSW, ITS AFFILIATES, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE WEBSITE, OR THE UNAUTHORIZED ACCESS TO OR THE MISAPPROPRIATION OF ANY CONTENT MADE AVAILABLE ON OR THROUGH THE WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF TXWSW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, TXWSW’S LIABILITY IN SUCH JURISDICTIONS WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
TXWSW considers your personal data to be private. All information collected in the course of your using the website or otherwise, including any individual logging or click-stream data gathered in course of navigating the website, is strictly for internal purposes and will be kept confidential at all times. We may capture and record information on our server logs from your browser when you interact with and use the website, including your IP address, cookie information and the page(s) you request regarding your IP address generally for use in administering the website, customizing the content you see, fulfilling your requests for certain services and information, and contacting you. Cookies are alphanumeric identifiers that we may transfer to your computer hard drive through your Web browser to enable our systems to recognize that browser. Your IP address may be used to help identify you and your patterns and processes and to gather broad demographic and current interest information that we may then use for generic reports posted on the website.
Upon a request by TXWSW, you agree to defend, indemnify, and hold harmless TXWSW, its affiliates, and other affiliated companies and the employees, contractors, officers, and directors of each of them from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of the Website. TXWSW reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with TXWSW in asserting any available defenses.
10. INTERNATIONAL USE
TXWSW makes no representation that materials on the website are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the website from other locations do so on their own initiative and are responsible for compliance with local laws.
11. CHOICE OF LAW AND FORUM
This Agreement will be governed by and construed in accordance with the laws of the State of Texas, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement or your use of the website will be filed only in the state or federal courts located in the State of Texas and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
12. DISPUTE RESOLUTION
All disputes arising out of or relating to this Agreement or your use of the website (“Disputes”) will be settled by final and binding arbitration conducted in Dallas, Texas, by a neutral arbitrator, in accordance with this Agreement and the then-current commercial arbitration rules of the American Arbitration Association. Each party will bear its own expenses, except that the prevailing party may recover the filing costs and the expenses of the arbitrator from the other party. Any award of the arbitrator will be in writing and will state the reasons for the award. Judgment upon an award may be entered in any court having competent jurisdiction. The arbitrator will not have the power to order pre-hearing discovery of documents or the taking of depositions, but may compel attendance of witnesses and the production of documents at the hearing. The parties, their representatives, and participants and the arbitrator will hold the existence, content, and result of the arbitration in confidence, except to the limited extent necessary to enforce a final settlement agreement or to obtain or enforce a judgment on an arbitration decision and award. Any Disputes relating to your failure to pay billed charges for the Services are exempt from the requirement of binding arbitration. You agree that TXWSW will be entitled to obtain preliminary injunctive relief to enforce any of the terms of this Agreement against you pending a final determination in arbitration.
13. SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, this Agreement under which you are authorized to use the Services constitutes the entire agreement between you and TXWSW with respect to the website and the Services, and supersedes all other prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and TXWSW with respect to the website and the Services. If any part of this Agreement is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions will remain in full force and effect.
TXWSW reserves the right, in its sole discretion, to terminate your access to all or part of the Website, with or without notice.
Revised June 2018