You acknowledge and agree that we reserve the right to change, modify, alter, update or discontinue the terms, conditions and notices under which the Website is offered and the services, features, links,content, information and any other materials offered via the Website at any time and from time to time without notice or further obligation to you. By continuing to access or use the Website after we make any such modifications, alterations or updates, you agree to be bound by such modifications, alterations or updates.
All trademarks, service marks and trade names that appear on the Website are proprietary to us, our affiliates or other respective owners. You may not display or reproduce these trademarks, service marks or trade names other than with our prior written consent, and you may not remove or otherwise modify any trademark notices from any content, text, images or other materials received through the Website.
We authorize you to view, copy, download and print a single copy of any content available on the Website, provided that:
Except for this permitted use, you may not modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained from the Website. The content available through the Website is either our sole property or that of our Licensor and is protected by patent, copyright, trademark, trade secret and other intellectual property laws.
You agree not to do any of the following while using the Website:
The Website may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for the availability or accuracy of such websites or resources, or the content, products or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement thereof by us or the content, products or services available from such websites or resources. If you decide to access any such third party websites or resources, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies of such websites.
We hereby grant you a non-exclusive, limited license, revocable at our discretion, for you to link to the Website home page from any site you own or control that is not commercially competitive with the Website and does not criticize or otherwise injure us, so long as the website where the link resides, and all other locations to which such site links, comply with all applicable laws and do not in any way abuse, defame, stalk, threaten or violate the rights of privacy, publicity, intellectual property or other legal rights of others or, in any way, post, publish, distribute, disseminate or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene or illegal/unlawful information, topic, name or other material or that violates the spirit of our mission. Such a link is not an endorsement of such other site(s) by us. All of our rights and remedies are expressly reserved.
Your access to and use of the Website is at your own risk. Neither we nor Licensor have any responsibility for any harm to your computer system, loss of data or other harm that results from your access to or use of the Website.
WE MAKE NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS.
NEITHER WE NOR LICENSOR MAKES ANY WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR INFORMATION PURCHASED OR OBTAINED THROUGH THE WEBSITE, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM OR THROUGH THE WEBSITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR LICENSOR WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE WEBSITE, CONTENT, OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER WE NOR LICENSOR SHALL BE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, NEITHER WE NOR LICENSOR WILL HAVE LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE WEBSITE.
YOU AGREE THAT THE AGGREGATE LIABILITY OF US OR LICENSOR TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE WEBSITE, CONTENT OR SERVICES SHALL NOT EXCEED $500. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU.
“User Generated Content” consists of communications, materials, information, opinions, and other content posted and/or submitted by users accessing the Website. We may now or in the future permit users to post, upload, transmit through, or otherwise make available on the Website (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (“User Content”). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published on the Website. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.
Be Courteous — Flaming and insults are prohibited. Do not post content that is offensive, libelous,defamatory, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, obscene, pornographic, sexually explicit, or offensive in a sexual, racial, cultural, or ethnic context.
Remain Private — Do not post personal information, including your email address, IM address, or phone number. Do not solicit personally identifiable information from other Website users.
Be Personal — The Website is not to be used for any commercial purpose. Do not post any advertising or commercial content whatsoever. Do not post any content that involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming.”
Be True — Do not post any content that includes information that is false, misleading, inaccurate, fraudulent, or deceptive, or that promotes illegal activities.
Be Original — You agree and represent that you own or control all rights in any User Generated Content that you post to the Website. You are responsible for ensuring that any User Generated Content that you post does not, and will not, violate anyone else’s rights.
User Generated Content is not prescreened. We do not prescreen User Generated Content on the Website. Neither we nor Licensor guarantee the Website will be free from User Generated Content that is inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable. We are solely acting as a passive channel for such distribution and are not undertaking any obligation or liability relating to any User Generated Content or activities of users on the Website. Accordingly, we reserve the right to, edit, remove, suppress or refuse to post any User Generated Content and/or terminate your access for any reason.
Registration. To post User Generated Content, you must become a registered user and you must be at least 13 years of age. If you are between 13 and 18 years old, you must have your parent/guardian's permission to use or post User Generated Content.
Our Rights to Your Posting. Your User Generated Content is not confidential or proprietary. You grant to us and Licensor a non-exclusive, non-revocable, worldwide, perpetual right to use your User Generated Content in any manner or media now or later developed, including the right to change, create derivative works, sublicense, assign and commercialize without any payment due to you.
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11400 Edgemere Blvd, El Paso, Texas 79936