Texas VFW Foundation Terms of Use

The following terms and conditions govern all use of the TexasVFWFoundation.org website and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by the Texas VFW Foundation (“the Foundation"). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, the Texas VFW Foundation's Privacy Policy) and procedures that may be published from time to time on this Site by the Texas VFW Foundation (collectively, the "Agreement").

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by the Texas VFW Foundation, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.
Your TexasVFWFoundation.org Account and Site
If you create accounts or comments on the Website, you are responsible for maintaining the security of your account and any comments your provide, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your account or comments. You may not use your account to cause harm to the name or reputation of others, and the Texas VFW Foundation may change or remove any comments or accounts that it considers inappropriate or unlawful, or otherwise likely to cause the Texas VFW Foundation liability. You must immediately notify the Texas VFW Foundation of any unauthorized uses of your account or any other breaches of security. The Texas VFW Foundation will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors
If you comment on a post or page, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

  • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
  • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
  • your website (or other third party websites are not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
  • your comments or account are not named in a manner that misleads your readers into thinking that you are another person or company. For example, your comments or accounts are not created in the name of a person other than yourself or company other than your own; and
  • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by the Texas VFW Foundation or otherwise.
By submitting Content to the Texas VFW Foundation for inclusion on your Website, you grant the Texas VFW Foundation a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content. If you delete Content, the Texas VFW Foundation will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, the Texas VFW Foundation has the right (though not the obligation) to, in the Texas VFW Foundation's sole discretion to (i) refuse or remove any content that, in the Texas VFW Foundation's reasonable opinion, violates any the Texas VFW Foundation policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in the Texas VFW Foundation's sole discretion. the Texas VFW Foundation will have no obligation to provide a refund of any amounts previously paid.
Services
Advertising Fees & Payment
By signing-up for a advertising or other promotional accounts, you agree to pay the Texas VFW Foundation the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. the Texas VFW Foundation reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime on thirty (30) days written notice to the Texas VFW Foundation.
Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which TexasVFWFoundation.org links, and that link to TexasVFWFoundation.org. The Texas VFW Foundation does not have any control over non-Texas VFW Foundation websites and webpages, and is not responsible for their contents or their use. By linking to a non-Texas VFW Foundation website or webpage, the Texas VFW Foundation does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. the Texas VFW Foundation disclaims any responsibility for any harm resulting from your use of non-Texas VFW Foundation websites and webpages.
Copyright Infringement and DMCA Policy
As the Texas VFW Foundation asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by TexasVFWFoundation.org violates your copyright, you are encouraged to notify the Texas VFW Foundation in accordance with the Texas VFW Foundation's Digital Millennium Copyright Act ("DMCA") Policy. The Texas VFW Foundation will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. The Texas VFW Foundation will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of the Texas VFW Foundation or others. In the case of such termination, the Texas VFW Foundation will have no obligation to provide a refund of any amounts previously paid to the Texas VFW Foundation if funds were paid for any reason.
Intellectual Property
This Agreement does not transfer from the Texas VFW Foundation to you any the Texas VFW Foundation or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with the Texas VFW Foundation. the Texas VFW Foundation, TexasVFWFoundation.org, the TexasVFWFoundation.org logo, and all other trademarks, service marks, graphics and logos used in connection with TexasVFWFoundation.org, or the Website are trademarks or registered trademarks of the Texas VFW Foundation. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any the Texas VFW Foundation or third-party trademarks.
Advertisements
The Texas VFW Foundation reserves the right to display advertisements on any TexasVFWFoundation.org webpage, regardless of content.
Changes
The Texas VFW Foundation reserves the right, at its sole discretion, to modify or replace any part of this Agreement at any time. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. The Texas VFW Foundation may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Termination
The Texas VFW Foundation may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your TexasVFWFoundation.org account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by the Texas VFW Foundation if you materially breach this Agreement and fail to cure such breach within thirty (30) days from the Texas VFW Foundation's notice to you thereof; provided that, the Texas VFW Foundation can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
The Website is provided "as is". the Texas VFW Foundation and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither the Texas VFW Foundation nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability
In no event will the Texas VFW Foundation, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to the Texas VFW Foundation under this agreement during the twelve (12) month period prior to the cause of action. The Texas VFW Foundation shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You represent and warrant that (i) your use of the Website will be in strict accordance with the the Texas VFW Foundation Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification
You agree to indemnify and hold harmless the Texas VFW Foundation, its contractors,its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
Miscellaneous
This Agreement constitutes the entire agreement between the Texas VFW Foundation and You concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of the Texas VFW Foundation, or by the posting by the Texas VFW Foundation of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Texas, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Travis County, Texas. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Austin, Texas, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; the Texas VFW Foundation may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.