Terms of Services
Welcome to Lutcher Theater’s website located at www.lutcher.org (the “Site”). The Site is operated by Lutcher Theater, Inc. (“Lutcher Theater”), which is wholly owned by the Nelda C. and H.J. Lutcher Stark Foundation (the “Foundation”) (collectively the “Organization”) located in Orange, Texas. This Terms of Service Agreement (“Agreement”) constitutes a valid, binding contract between you and the Organization. The services of Lutcher Theater are provided subject to compliance with the terms of this Agreement. Your access and use of this Site signifies and constitutes your acceptance of this Agreement, as it may be amended from time to time. Please read this Agreement carefully as it forms a binding contract between you and the Organization. Please print a copy of this Agreement for your records.
If you do not agree to all of the Terms, please cease use of and exit the Site.
License and Site Access
The Organization grants you a limited personal, revocable, non-transferable, and non-exclusive license to use the object code of the Site on a single computer. The Organization reserves the right in its sole discretion to deny, reject or revoke your use of the Site. Except with express written consent of the Organization, you shall not (and shall not allow any third party to) copy, modify, create a derivative work from, 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 software for the Site. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any content or any derivative use of this Site or its contents. Neither the Site nor any portion of the Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Organization. You may not use any meta tags or any other “hidden text” utilizing the Organization’s name or trademarks without the express written consent of the Organization. If you would like to link to our Site, please click here for applicable polices. Any unauthorized use or violation of this Agreement terminates the permission or license granted by the Organization.
Access and Interference
Systematic retrieval of data from this Site to create or compile directly or indirectly, in whole or in part, a collection, compilation, database or directory without the express written permission of the Organization is strictly prohibited. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein. You may not engage in the practices of “screen scraping,” “database scraping,” or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from this Site, in any manner or in any quantities not authorized by the Organization. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Organization or its affiliates without prior express written consent. You may not use meta tags or any other “hidden text” utilizing the Organization’s name or trademarks without the express written consent of the Organization.
You agree that you will not use any device, software or routine to bypass any code which may be included to prevent you from breaching the obligations in this paragraph or to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our or our host’s infrastructure.
Personal Use of Contents
The content of the Site is for your personal, noncommercial, educational use. You may download one copy of the Site solely to facilitate such use, provided you do not remove or alter any copyright, trademark or other notice. Any copy of the information must bear a copyright in the form: © Copyright Nelda C. and H.J. Lutcher Stark Foundation 1997-2012. For commercial use of any portion of the contents you must secure the written consent of the Foundation.
Guest ID and Password
For some of our services you may be asked to select a guest ID (“Guest ID”) and password. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR GUEST ID AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors under the age of 18 or to users who previously have had their account suspended. Further, your account and Guest ID may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
You must only provide accurate information when you register with the Site. While we hope that all of our users comply with requirements of providing accurate identification information, the Organization cannot and does not confirm each user’s purported identity. If you decide to enter into a transaction with another user, you may wish to consider using a third party escrow service or services that provide additional user verification.
Fees and Ordering Policy
By providing us with your payment information, you authorize and instruct us to bill your credit card for the amount of your purchase. Unless otherwise stated, all fees are quoted in U.S. Dollars. At the time of purchase, you may have the choice of various delivery options that are subject to particular shipping, handling and other fees. We may in our sole discretion change some or all of our applicable fees at any time. You are responsible for paying all fees associated with using our service, our Site and all applicable taxes. You will bear all costs associated with a disputed credit card charge.
By ordering from this Site, you agree that your order is for your personal use. As to Lutcher Theater, you agree that tickets may not be resold. We have the right to refuse orders if we suspect an order is not for personal use, is otherwise unauthorized, or if we suspect you are in any way involved in fraudulent or illegal activity on the Site, including, but not limited to, the use of stolen credit cards.
Credit cards are debited on the day of ordering. We will confirm that your order has been received and is being processed by a confirmation e-mail to your given e-mail address. Please check that the details on the e-mail are correct as soon as possible and print a copy as confirmation of your order.
IMPORTANT! If you do not receive a confirmation e-mail, then your order did not go through. If you have difficulty with your order, please contact the Lutcher Theater Box Office at 409-886-5535 (open 8:30 a.m. to 4:30 p.m., M-F). For after hours ticketing support, e-mail: firstname.lastname@example.org.
You shall take reasonable steps to maintain the security of communications between you and the Site. Each password and Guest ID shall be unique to each customer and shall be non-transferable. You shall log into the Site using only your Guest ID and associated password. The Organization shall be entitled to assume that a user presenting a Guest ID and associated password is, in fact, you. If you knowingly or unknowingly furnish a password to an unauthorized person, you are validating the authority of such person to act on your behalf as to any access or use of the Site with that password and shall be responsible for any charges, damages or losses incurred or suffered as a result of the failure to maintain the confidentiality of any password. You shall notify the Organization immediately if you become aware of any unauthorized use of any Guest ID or password. The Organization shall have the right at any time to change, modify or amend your password or Guest ID.
Use of Site
Your use of the Site is at the sole discretion of the Organization, which may deny you further use of the Site at any time, for any reason, with or without cause, regardless of your status as a member, donor or other affiliation with the Organization. Your use of the Site does not entitle you to continued use of the Site.
Your use of the Site must always comply with applicable law. In particular, but without limitation, you agree and represent not to use the Site to:
(a) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity;
(b) upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(c) upload, post, e-mail or otherwise transmit any material for the purpose of conducting any deceptive trade practice, fraud, unfair competition, or anti-competitive activity;
(d) upload, post, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(e) upload, post, e-mail or otherwise transmit any content that you do not have the right to publicize under law (such as inside trading information);
(f) upload, post, e-mail or otherwise transmit 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, network, hardware or telecommunications equipment;
(g) upload, post, e-mail or otherwise transmit post chain letters or pyramid schemes; harvest or otherwise collect information about others (including e-mail addresses) without their consent; or upload, post, e-mail or otherwise transmit the same information more than once or “spam” or any other form of solicitation;
(h) use automated scripts to collect information from or otherwise interact with the Site;
(i) violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; or
(j) provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.
Violating this Agreement may lead to you being immediately and permanently banned, with notification of your Internet Service Provider if deemed required by us. The IP addresses of all users of the Site may be recorded to aid in enforcing this Agreement.
The content is provided here as a courtesy to visitors who are interested in information relating to Lutcher Theater. Please see Disclaimer of Warranties for more information.
The Organization may offer the Site and certain services through a mobile website and/or mobile applications (collectively, the “Mobile Applications”). This Agreement governs all services that are accessible on or through the Mobile Applications. If you use the services on a mobile device, you agree that information about your use of the services through your mobile device and carrier may be communicated to us, including but not limited to your mobile carrier, your mobile device, or your physical location. In addition, your mobile carrier’s standard fees and rates will still apply. You accept responsibility for all charges.
Intellectual Property Rights
The Site is protected by copyright, trademark, trade dress and other intellectual property rights.
(a) The Foundation’s logos, slogans, designs, and other trademarks, service marks, labels, product names and service names, including without limitation those related to Lutcher Theater, The W.H. Stark House, Stark Museum of Art, and Shangri La Botanical Gardens and Nature Center (collectively, the “Marks”) are owned or licensed by the Foundation. You agree not to copy, display or otherwise use any of the Marks without the prior written permission of the Foundation. You are prohibited from using any Marks for any purpose, including, but not limited to, use as meta tags on other pages or sites on the World Wide Web without prior written permission of the Foundation, or such third party who may own the Marks. Notwithstanding the foregoing, the Marks may not be used in any manner likely to cause confusion, disparage or dilute these marks and/or in connection with any product or service that is not authorized or sponsored by the Foundation.
(b) The entire Site, and all object code and source code, text, graphics, multimedia content, including but not limited to images, illustrations, audio and video clips, html and other mark up languages, and all scripts within the site associated therewith, are subject to copyright protection and all rights are reserved. The copyrighted and proprietary property of the Organization may not be duplicated or used without the Organization’s express prior written consent.
Unsolicited Idea Submission
We welcome messages and feedback from users and any comments regarding the Site. However, it is the Organization’s policy not to accept or consider ideas, suggestions, or proposals other than those we specifically request. The intent of this policy is to avoid the possibility of future misunderstandings when new functionality and features developed internally by the Organization might be similar or even identical to your idea.
If you do send the Organization an unsolicited suggestion, idea, or proposal, or if you send, at the request of the Organization, a comment or suggestion to improve the Site (for example, via e-mail) (collectively, the “Submission”), the Submission will be non-confidential and non-proprietary. The Organization shall have no obligations concerning the Submission, contractual or otherwise (including, but not limited to, an obligation to keep the Submission confidential), and shall not be liable for any use or disclosure of any Submission. The Organization shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, in any current or future media or use, whether or not currently contemplated, without compensation or attribution to you.
Digital Millennium Copyright Act
You agree not to upload or transmit any communications or content of any type that infringes or violates any rights of any party. It is our policy not to permit materials known by us to be infringing to remain on the Site. The Organization has made every effort to secure appropriate clearances for all proprietary intellectual properties used on this Site. If you believe any material on this Site is infringing, please contact us immediately. Pursuant to the Digital Millennium Copyright Act, DMCA, we have registered an agent to receive copyright claims (“Designated Agent”).
You may notify us of alleged intellectual property rights infringement by contacting our Designated Agent at:
Mail: P.O. Drawer 909, Orange, TX 77631-0909
Please be aware that, in order to be effective, your notice of claim must comply with the detailed requirements set forth in the DMCA. You are encouraged to review them (see 17 U.S.C. § 512(c)(3)) before sending your claim.
Upon receipt of notice of claimed infringement, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue.
Please do not send any other communications to the Designated Agent, who is appointed solely for the purposes of receiving notices of copyright claims under the DMCA.
Communications Decency Act
The Organization does not remove postings upon request. Please note that the Organization is a provider of an interactive computer service under the Communications Decency Act or “CDA,” (see 47 U.S.C. § 230). Because this important law is not well known, we want to take a moment to explain the law and to also explain that the filing of frivolous lawsuits can have serious consequences for those who file them, both for parties and their attorneys.
In short, the CDA provides that when a user writes and posts material on a Web site such as the Site, the Web site itself cannot, in most cases, be held legally responsible for the posted material. Specifically, 47 U.S.C. § 230(c)(1) states, “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.” Because the comments and opinions on the Site are authored by users of the Site, we cannot be legally regarded as the “publisher or speaker” of the content contained here, and hence we are not liable for the content even if it contains false or inaccurate information.
We do not assume any duty to monitor the accuracy of the information our users may choose to post. If you believe that a post infringes on your intellectual property, please review your rights under the Digital Millennium Copyright Act.
The Site may provide forums for the free-flowing exchange of information and opinions. The Organization encourages your participation but asks you to remember that you are responsible for the content of messages you post. The Organization does not and cannot review every message posted (but reserves the right to do so).
All content on the Site, including user postings, is provided “AS IS,” and you are solely responsible for your reliance on and use of such content. The Organization is not responsible for the consequences of any communications made through the Site. You agree not to, without the express approval of the Organization, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.
Your participation in the Site is solely at your own risk. In addition to your obligations under the Indemnification section of this Agreement, you agree to defend, indemnify and hold completely harmless the Organization and its affiliates from and against any and all claims, damages, costs, and expenses they may incur (including, without limitation, attorney’s fees) arising out of a violation or alleged violation by you of these policies or arising from content posted by you on the Site. You agree to cooperate as fully as reasonably required in the defense of any such claim.
You agree not to disrupt the normal flow of dialogue, or post comments that are not related to the topic being discussed (unless it is clear the discussion is free form), or otherwise engage in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the judgment of the Organization, exposes the Organization or any of its affiliates to any liability or detriment of any type.
By voluntarily submitting information, communications or content (including pictures and anecdotes) to the Site, you agree that such submissions are non-confidential for all purposes and agree to any information you provide being stored in a database. If any content is removed from the Site, you acknowledge that the Organization may retain archived copies of the content. You further agree that such submissions become the property of the Organization and that all title and interest therein, shall rest with the Organization at the time they are submitted and/or posted. Such submissions are subject to being used, reproduced, modified, published, edited, translated, distributed, performed and displayed in any media or medium, or any form, format or forum now known or hereafter developed, for any purpose, in perpetuity without further notice. The submission of such materials in no way creates any obligation or duty on the part of the Organization to post or use such materials or, if we do so, to give you credit. By submitting to the Site, you automatically grant, and you represent and warrant that you have the right to grant, the Organization an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such content, and to grant and authorize sublicenses of the foregoing.
You understand that if you include your e-mail address, phone number or address in any public posting to the Site, that you may receive unsolicited contacts for which the Organization bears no responsibility.
Third Party Copyrights
The Organization respects the intellectual property of authors and creators of written works and visual images and we ask our users to do the same. A copyright exists in nearly all text, images and artwork. Copyright vests in its owner the exclusive right to make copies, publicly distribute copies, publicly display the work, and prepare other works based on the original. Federal law provides both civil and criminal penalties for violation of a copyright. You represent and warrant that you possess all necessary rights to use the content that you submit to the Organization and that use of such content does not violate the foregoing. In addition to your obligations under the Indemnification section of this Agreement, you agree to defend, indemnify, and hold us harmless from and against any and all claims arising out of or relating to any content that you submit to us. If you have any questions, you should consult a lawyer who specializes in copyright law.
Links to This Site
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site so long as the pages that are activated by the link do not: (a) create frames around any page on this Site or use other techniques that alter in any way the visual presentation or appearance of any content within this Site; (b) misrepresent your relationship with the Organization; (c) imply that the Organization approves or endorses you, your Web site, or your service or product offerings; and (d) present false, derogatory, disparaging, misleading or otherwise offensive impressions about the Organization or its products or services or otherwise damage the goodwill associated with the Organization or its trademarks. You may not use any Organization logo or other proprietary graphic or trademark as part of the link without express written permission, including without limitation those related to Lutcher Theater. As a further condition to being permitted to link to this Site, you agree that the Organization may at any time, in its sole discretion, terminate permission to link to this Site. In such event, you agree to immediately remove all links to this Site.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS THE ORGANIZATION, ITS DIRECTORS, REPRESENTATIVES, EMPLOYEES, SUCCESSORS AND ASSIGNS, TOGETHER WITH ANY THIRD PARTIES THAT MAY CONTRIBUTE TO OR BE AFFILIATED WITH THE SITE FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, ATTORNEYS’ FEES, EXPENSES, AND SETTLEMENTS, INCLUDING WITHOUT LIMITATION CLAIMS BASED UPON NEGLIGENCE; ARISING FROM OR RELATED TO YOUR USE OF THE SITE, INABILITY TO USE THE SITE, THE MATERIALS THE SITE CONTAINS, AND ANY SITES LINKED TO THIS SITE; ANY ALLEGED VIOLATION OF THE AGREEMENT; ANY ALLEGED VIOLATION OF THE RIGHTS OF A THIRD PARTY; AND ANY ALLEGED VIOLATION OF PRIVACY, INCLUDING WITHOUT LIMITATION THE CHILDREN’S ONLINE PRIVACY PROTECTION ACT.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS”, “WHERE IS” AND “AS AVAILABLE” BASIS. THE ORGANIZATION, ITS DIRECTORS, REPRESENTATIVES, EMPLOYEES, SUCCESSORS AND ASSIGNS, TOGETHER WITH ANY THIRD PARTIES THAT MAY CONTRIBUTE TO OR BE AFFILIATED WITH THE SITE (COLLECTIVELY THE “DISCLAIMING PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, TITLE, QUALITY, PERFORMANCE, NON-INTERFERENCE WITH INFORMATION, AND ACCURACY OF INFORMATIONAL CONTENT. THERE IS NO WARRANTY THAT INFORMATION PROVIDED HEREUNDER, OUR EFFORTS, OR THE SITE WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS.
(b) THE DISCLAIMING PARTIES ASSUME NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, THE SITE OR ANY USER COMMUNICATIONS.
(c) THE DISCLAIMING PARTIES ARE NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE SITE, WHETHER CAUSED BY USERS OF THE SITE OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SITE.
(d) THE DISCLAIMING PARTIES MAKE NO WARRANTY THAT:
(1) YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(2) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR
(3) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
(e) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(f) NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE DISCLAIMING PARTIES OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitations and Exclusions of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE ORGANIZATION, ITS DIRECTORS, REPRESENTATIVES, EMPLOYEES, SUCCESSORS AND ASSIGNS, TOGETHER WITH ANY THIRD PARTIES THAT MAY CONTRIBUTE TO OR BE AFFILIATED WITH THE SITE, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(a) THE USE OR THE INABILITY TO USE THE SITE;
(b) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE;
(d) ANY HACKING ATTEMPT THAT MAY LEAD TO THE DATA BEING COMPROMISED;
(e) THE FACT THAT YOU HAVE RELIED ON INFORMATION FROM THIS SITE; OR
(f) ANY OTHER MATTER RELATING TO THE SITE.
IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY OF THE INFORMATION CONTAINED THEREON, OR REFUSE TO ABIDE BY THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE. NOTWITHSTANDING THE FOREGOING, THE ORGANIZATION’S LIABILITY TO YOU SHALL NOT EXCEED THE LESSER OF $100 OR THE AMOUNT YOU PAID FOR THE PARTICULAR PRODUCT OR SERVICE. YOU FURTHER AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST THE ORGANIZATION, ITS DIRECTORS, REPRESENTATIVES, EMPLOYEES, SUCCESSORS AND ASSIGNS, TOGETHER WITH ANY THIRD PARTIES THAT MAY CONTRIBUTE TO OR BE AFFILIATED WITH THE SITE, ARISING OUT OF THE USE OF THE SITE.
THE ORGANIZATION, ITS DIRECTORS, REPRESENTATIVES, EMPLOYEES, SUCCESSORS AND ASSIGNS, TOGETHER WITH ANY THIRD PARTIES THAT MAY CONTRIBUTE TO OR BE AFFILIATED WITH THE SITE, SHALL NOT BE HELD LIABLE FOR ANY REPRESENTATIONS ON THIRD PARTY SITES IN RELATION TO THE INFORMATION PROVIDED IN THIS SITE.
No failure, delay or default in performance of any obligation under this Agreement shall constitute an event of default or a breach of representation or warranty under this Agreement if and to the extent it is caused by a strike; fire; shortage of materials; legal act of a public authority; unavoidable casualty; civil disorder; riot; insurrection; vandalism; war; act of terrorism; inclement weather; failure of the Internet; failure or error of any internet access provider; failure or impairment of any lines of transmission belonging to any third party; failure or impairment of any third party server, router, other equipment or software through which internet transmissions occur; or, other extraordinary cause if such cause or condition is beyond the reasonable control and without the negligence of the party otherwise chargeable, for so long as such cause or condition continues and for a reasonable period of time thereafter. Notwithstanding the foregoing, such cause or condition shall not include a party’s lack of funds, lack of credit, or other financial inability to perform. If a party intends to rely on the foregoing force majeure protection, it shall timely notify the other in order to permit the other in its sole discretion to suspend or curtail its own performance under the Agreement for such time as the failure, delay or default continues.
Should you have a dispute with a user, you agree that you release the Organization, its directors, representative, employees, successors, and assigns, together with any third parties that may contribute or be affiliated with the Site, from all claims, demands, and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected or related with such a dispute.
The Organization may update, revise, supplement, modify or amend this Agreement at any time. The Organization will indicate at the bottom of this Agreement the date of the last update. Any updates, revisions, supplements, modifications or amendments shall be effective immediately upon its posting on the Site, and will only be applicable to disputes arising, or arising out of events occurring, after such posting has been made. The Organization will provide you notice of any updates, revisions, supplements, modifications or amendments to this Agreement by placing a “Notice of Modification” link on the homepage for a 30-day period following the initial posting on the Site. You agree that you will continue to be bound by this Agreement, however and whenever it is updated, revised, supplemented, modified, or amended, if you continue to use the Site after the updates, revisions, supplements, modifications or amendments have been posted.
This Agreement constitutes the entire agreement between you and the Organization with respect to your use of the Site. There are no other representations, warranties, terms, agreements or conditions, either written or oral, with respect to your use of the Site except as set forth in this Agreement. If you are an individual or entity who has a written agreement with the Organization, this Agreement is subject to, and governed by, the terms of any such written agreement you have entered into with the Organization. The headings appearing at the beginning of each section are for identification and reference purposes only and shall not be used to determine the construction or interpretation of the Agreement.
If any provision of this Agreement is deemed unlawful, void, voidable or unenforceable for any reason, then that provision shall be deemed severable from this Agreement and shall not affect the validity or enforceability of any remaining provisions.
The failure of the Organization to enforce at any time any term, provision or condition of this Agreement, or to exercise any right herein, shall in no way operate as a waiver thereof, nor shall any single or partial exercise preclude any other right herein. In no way whatsoever shall a waiver of any term, provision or condition of this Agreement be valid unless in writing, signed by the Organization, and only to the extent set forth in such writing.
Governing Law, Venue and Limitations
The Organization’s principal office is in the State of Texas and this Site is controlled by the Organization from its offices within the State of Texas, United States of America. The Site can be accessed from all 50 states, as well as from other countries around the world. As each of these jurisdictions has laws and regulations that may differ from those of Texas, by accessing this Site both you and the Organization agree that the statutes and laws of the State of Texas, without regard to conflicts of laws principles thereof, will apply to all matters relating to this Site (whether grounded in tort, contract, law or equity).
This contract is fully performable in Orange County, Texas. The Parties hereto waive any challenge to personal jurisdiction or venue (including without limitation a challenge based on inconvenience) in Orange County, Texas. The Parties specifically consent to the jurisdiction of the State District Courts of Orange County, Texas and the United States District Court for the Eastern District of Texas, Beaumont Division.
Any dispute must be raised within one (1) year after the date the cause of action arose. Failure to provide the written documentation within this timeframe will render all claims related to the dispute null and void.
You are solely responsible for your interactions with other users of the Site. We reserve the right, but have no obligation, to monitor disputes between you and other users.
The Organization may terminate your right to use this Site, with or without cause at any time in its sole discretion, including, without limitation, your violation of this Agreement, failure to provide accurate membership data, failure to provide accurate data submitted for posting, and lack of use. In the event of termination, all representations, warranties, indemnifications, and promises made by you shall survive.
If you have a comment, question or request, or if you need to contact the Organization for any other reason, there are two easy ways to do so.
(a) Via the E-mail/Web: email@example.com
(b) U.S. Mail: P.O. Drawer 909, Orange, TX 77631-0909, Attn: Corporate Communications