1. ACCEPTANCE OF TERMS
Welcome to TEXAS OPEN MEETING information services. TEXAS OPEN MEETING.COM and DooWooWoo, LLC, collectively the Service Provider (“SP”) provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at www.texasopenmeetings.com. This TOS sets forth the legally binding terms for your use of the SP services. By using the SP services, you agree to be bound by this TOS, whether you are a visitor (which means that you simply browse the websites) or you are a subscriber (which means that you have registered with texasopenmeeting.com). You shall also be subject to any posted guidelines or rules, which may be posted from time to time. If you become a subscriber, you are also subject to the terms and conditions of any Subscriber Agreement.
2. DESCRIPTION OF SERVICE
SP products and services accessed via the internet are referred to here as the "Service". Unless explicitly stated otherwise, any new features shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that SP assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
Use of the Service is void where prohibited. By using the Service, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the Service does not violate any applicable law or regulation. Your account may be deleted and your registration and/or subscription may be terminated without warning, if we believe that you are under 18 years of age.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself and (b) maintain and promptly update any registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or SP has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SP has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You may receive a password and account designation upon completing one of the Service's registration processes. You are responsible for maintaining the confidentiality of any password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify SP of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. SP cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not SP, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. SP does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will SP be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
Further, should you have any rights to review, edit, approve, or otherwise post any content contributed by others, whether or not as a contractor, employee, or volunteer of SP, you agree to be entirely responsible and liable for all content that you review, edit, approve, or otherwise upload, post, email, transmit or otherwise make available via the Service.
The Service is for the personal use of subscribers only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by SP. Illegal and/or unauthorized use of the SP Service, including collecting usernames and/or email addresses of subscribers by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the SP websites are prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed without notice and may result in termination of privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the SP Service.
You agree to not use the Service to:
a) upload, post, email, transmit or otherwise make available 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;
b) harm minors in any way;
c) impersonate any person or entity, including, but not limited to, a SP official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
e) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
h) upload, post, email, transmit or otherwise make available 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 or hardware or telecommunications equipment;
i) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
j) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
k) intentionally or unintentionally 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;
l) "stalk" or otherwise harass another;
m )collect or store personal data about other users; or
n) except for your content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the SP Service.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
In order to protect users from such unauthorized advertising or solicitation, SP reserves the right to restrict, at its sole discretion, the number of emails which you may send to other users in any 24-hour period. If you breach this TOS and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the SP Service, you acknowledge that you will have caused substantial harm to SP, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay SP $100.00 for each such unsolicited email or other unsolicited communication you send through the SP Service.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
8. CONTENT POSTED TO TOM
Absent prior written agreement, with respect to any material, including written or graphic, you elect to post for inclusion in SP Services or websites you grant SP the world-wide, royalty free and non-exclusive license to reproduce, modify, adapt and publish such Content on the Service.
With respect to all other material you elect to post, you grant SP the royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
You agree to indemnify and hold SP, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of material you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
You represent and warrant that: (i) you own the content posted by you on or through the SP Service or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your content on or through the SP Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any content posted by you to or through the SP Service.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that SP may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages may exist, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on SP servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that SP has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that SP reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that SP reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
TOM reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that SP shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that SP, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any material within the Service, for any reason, including, without limitation, for lack of use or if SP believes that you have violated or acted inconsistently with the letter or spirit of the TOS. SP may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this SP may be effected without prior notice, and acknowledge and agree that SP may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that SP shall not be liable to you or any third-party for any termination of your access to the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that SP shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because TOM has no control over such sites and resources, you acknowledge and agree that SP is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any material, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that SP shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such material, goods or services available on or through any such site or resource.
16. PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that material contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by SP or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
SP grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, 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. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by SP for use in accessing the Service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b) SP MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c)ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT 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.
d)NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SP OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SP 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 SP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by SP, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. SP does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears through the Service. Under no circumstances will SP be responsible for any loss or damage resulting from your reliance on information or other content posted the Service or transmitted to or by any user.
SP is not responsible for any incorrect or inaccurate content posted on the SP Service. Content posted by users on the SP Service may contain links to other websites. SP is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by SP. Inclusion of any linked website on the SP Service does not imply approval or endorsement of the linked website by SP. When you access these third-party sites, you do so at your own risk. SP takes no responsibility for third party advertisements, which are posted on the SP Service, nor does it take any responsibility for the goods or services provided by its advertisers. SP is not responsible for the conduct, whether online or offline, of any user of the SP Service. SP assumes 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, any user communication. SP is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any SP Service or combination thereof, including any injury or damage to any person's computer related to or resulting from participation or downloading materials in connection with the SP Service. Under no circumstances shall SP be responsible for any loss or damage, including personal injury or death, resulting from use of the SP Service, attendance at a SP event, from any content posted on or through the SP Service, or from the conduct of any user of the SP Service, whether online or offline. The SP Service is provided "AS-IS" and as available and SP expressly disclaims any warranty of fitness for a particular purpose or non-infringement. SP cannot guarantee and does not promise any specific results from use of the SP Service.
20. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please read the above Sections 17 and 18 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. SP shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
22. TRADEMARK INFORMATION
SP, the SP logo, and other SP logos and product and service names are trademarks of DooWooWoo, LLC (the "SP Marks"). Without SP prior permission, you agree not to display or use in any manner, the SP Marks.
23. COPYRIGHTS and COPYRIGHT AGENTS
SP respects the intellectual property of others, and we ask our users to do the same.
It is the policy of SP to terminate privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to SP by the copyright owner or the copyright owner's legal agent.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide SP Copyright Agent the following information:
a)an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b)a description of the copyrighted work that you claim has been infringed;
c)a description of where the material that you claim is infringing is located on the site;
d)your address, telephone number, and email address;
e)a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
f)a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
24. U.S. EXPORT CONTROLS
Software available in connection with the SP Service may be subject to United States export controls. No Software may be downloaded from the SP Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
25. GENERAL INFORMATION
This TOS is accepted upon your use of the SP Service and is further affirmed by your subscription. The TOS constitutes the entire agreement between you and SP and governs your use of the Service, superceding any prior agreements between you and SP. You are also subject to the terms and conditions of the Subscriber Agreement, if you have subscribed under its services. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and SP shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. You and SP agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Montgomery, Texas. The failure of SP to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.