Terms of Use
TERMS OF USE (November 2024)
By accessing or using our website, you agree to comply with and be bound by these Terms of Use (“Terms of Use“) and our Privacy Policy. If you do not agree to these Terms of Use or our Privacy Policy, you must immediately terminate using our website.
- License Grant. By using our website, you are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use our website conditioned on your continued acceptance and compliance with these Terms of Use. We reserve the right to bar, restrict or suspend any user’s access to our website and/or to terminate this license at any time for any reason. We reserve any rights not explicitly granted in these Terms of Use.
- Proprietary Rights. Our website content includes, without limitation, (i) our trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively “Marks”); and (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, including podcasts, and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through our website (subsections (i) (ii) and (iii) are collectively the “Content“). The Content is our property, its licensors, sponsors, partners, advertisers, content providers or other third parties and is protected in all media now existing or hereafter developed, by law including, but not limited to, copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws, treaties, and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation, or dissemination of any of the Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from us. Any use of the Marks without our express written consent is strictly prohibited. You may not alter, delete, obscure, or conceal any copyright or other notices appearing in the Content, including any such notices appearing on any Content.
- License Restrictions. Unless otherwise expressly stated in these Terms of Use or you receive our prior written consent, you may not modify, translate, create derivative works of, copy, distribute, market, display, remove or alter any proprietary notices or labels from, lease, sell, sublicense, clone, transfer, decompile, reverse engineer, or incorporate into any information retrieval system (electronic or mechanical), our website, any Content, or any portion thereof. Further, you may not (i) use our website for any unauthorized or illegal purpose or activity including, but not limited to, any activity to obtain or attempt to obtain unauthorized access to our website, including the Content; (ii) interfere with the proper working of our website including, but not limited to, the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, denial of service attack or other limiting routine, instruction or design; or (iii) interfere with any other person’s use and enjoyment of our website.
- Your Acceptance; Revisions to Terms of Use.Our website is available only to individuals who can enter into legally binding contracts under applicable law. These Terms of Use constitute a legally binding agreement between you and us regarding your use and access to our website. By using our website, you agree to the Terms of Use. We reserve the right to revise these Terms of Use at any time in its sole discretion by posting revised Terms of Use to our website. Your use of our website signifies your acceptance of all the terms and conditions contained within the Terms of Use posted at the time of your use. You are responsible for regularly reviewing the Terms of Use.
- Click-Through Agreements. Before using certain areas of our website, you may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked “I Accept” “I Agree” “Okay” “I Consent” or other words or actions that similarly acknowledge your consent or acceptance of a Click-Through Agreement. To the extent there is a conflict between these Terms of Use and any Click-Through Agreement for the activity in which you choose to participate, the Click-Through Agreement will govern.
- Personal Login Information. Certain features and areas of our website may be available only with registration or login. If you are required to register and select a unique login and password (“Personal Login Information“), you must keep your Personal Login Information confidential, including taking appropriate measures to maintain its confidentiality, such as logging off and closing the Internet browser, especially when you are connected to the Internet through an unsecured network or when using a public computer. Your Personal Login Information is personal to you, and you may not allow any third party to use it under any circumstances. We are not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Login Information. You must contact us immediately if you become aware of or believe there is or may have been any unauthorized use of your Personal Login Information, or otherwise wish to deactivate your Personal Login Information due to security concerns.
- Privacy Policy. For information about our data protection practices and our use and protection of your personal information, please read our Privacy Policy by clicking on the link in our website footer. Our Privacy Policy is incorporated into and made a part of these Terms of Use.
- User Obligations. You warrant that you will abide by, without limitation, all applicable local, state, national, and international laws and regulations with respect to your use of our website and not interfere with the use and enjoyment of our website by other users or with our operation and management of our website. You further warrant that your use of our website and of any data input into or generated by our website shall comply with all applicable laws, regulations, and ordinances. You agree and acknowledge that you are solely responsible for any liabilities, fines, penalties, or forfeitures by any such violations or lack of rights. You must, always, provide true, accurate, current, authorized, and complete information when submitting information or materials on our website, including, without limitation, information required to be provided through an online registration form. If any false, inaccurate, untrue, unauthorized, or incomplete information is submitted by you, we reserve the right to terminate your access and use of our website. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using our website, or defame or otherwise harm any party through your use of our website.
In addition, you also agree that you will not use our website to:
(a) upload, download, post, email, transmit or otherwise make available any content, including through any attachments thereto, that:
- is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- you do not have a right to make available under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- includes 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;
(b) collect or store personal data of other users of our website;
(c ) intentionally disrupt or interfere, whether directly or indirectly, with our website in any manner that may adversely affect us or any user of our website: and
(d) intentionally or unintentionally violate any applicable local, state, national or international law.
- Disclosure of Your Information. You acknowledge, consent and agree that we may access, preserve and disclose your account information in keeping with our Privacy Policy.
- Use of Our Website and Exclusion of Liability. Use of the Internet and our website is solely at your risk and is subject to, without limitation, all applicable local, state, national and international laws and regulations. Unless expressly required by law, we do not guarantee the confidentiality or security of any communication or other material transmitted to or from our website over the Internet or other communication network. We shall not be obligated to correct or update our website, and shall not be liable for omissions, typographical errors, or out-of-date information which may appear on our website.
- Accuracy of Information Disclaimer. The information contained on our website is for informational purposes. We do not promise or guarantee the Content to be correct or complete. You acknowledge and agree that we are not liable to you or any other party for any act or failure to act relating thereto, in addition to the limitation of liability claims contained in these Terms of Use.
- Third Party Information. Our website may feature materials, information, products, and services provided by third parties. Any such information, including but not limited to articles, press clippings, opinions, advice, statements, services, offers, or other information made available by third parties such as content providers and other users of our website are those of the respective third party and not of us or our affiliates. We make no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third-party materials, information, services, or products.
- Our website may contain advertisements. The inclusion of advertisements does not imply endorsement of the advertised products or services. We are not responsible for any loss or damage of any kind incurred because of the presence of such advertisements on our website. In addition, we are not responsible or liable for the statements or conduct of any third-party advertisers appearing on our website. You shall be solely responsible for any correspondence or transactions you have with any third-party advertisers.
- Links to Third-Party Websites. We may provide links (including any link through an online banner advertisement) to other sites on the Internet for your convenience. These other sites are maintained by third parties over which we exercise no control. The appearance of any such third-party links is not intended to endorse any organization, company, or product. If you decide to access any of the third-party sites linked to our website, you do so entirely at your own risk. We make no representations or warranties with respect to any linked site. On such sites, you are subject to the various terms of services associated with using such sites, including, but not limited to, the third-party sites’ terms of use, privacy policy, copyright policy.
- Links to Websites, Content, Sharing of Content. Links posted by third parties to our website or Content may not use our trademark or logo and shall not suggest that we promote or otherwise endorse any third-party products, business relationships, services, causes, campaigns, websites, content, or information. Any links to any portion of our website shall be the responsibility of the linking party. We reserve the right to require any linking party to disable or remove any link that violates our policies, rights, or causes interruption or deterioration of the Content.
You may download, copy, or embed the Content and other downloadable items displayed on our website for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Content for any purpose other than personal use is expressly prohibited without prior written permission from us. We reserve the right to require any party sharing our Content to disable or remove the Content should its use violate our policies, rights, or cause interruption or deterioration of the Content.
- Warranties Disclaimed. Our website and Content are provided “as is” and “as available.” Neither we, our affiliates, subsidiaries, employees, officers, members, or trustees nor any of our agents, representatives, suppliers, advertisers, contractors, promotional partners, or licensors (collectively “Disclaiming Parties“) provide any express or implied representation or warranty of any kind, including without limitation, any representation or warranty that (i) our website or Content, or any results that may be obtained by you, are complete, accurate, reliable or non-infringing; (ii) access to our website will be uninterrupted, timely, secure, or error free; (iii) the quality of any products, services, information or other material purchased or obtained by you through our website will meet your expectations; or (iv) the Content will remain unchanged or accessible on our website. All warranties, express or implied, are disclaimed to the fullest extent permitted by law including, without limitation, any warranty of merchantability, fitness for a particular purpose, and/or non-infringement of intellectual property. You understand and acknowledge that your sole and exclusive remedy with respect to any defect in or dissatisfaction with our website or Content is to cease using our website and Content.
- Exclusion of and Limitation of Liability.The Disclaiming Parties shall not be liable, and disclaim any liability, for any claim, loss or damage, direct or indirect, including, without limitation, compensatory, consequential, incidental, indirect, special, exemplary or punitive damages of any kind whatsoever in connection with, as a result of, or arising (i) out of the use of or inability to use our website and/or any Content; (ii) from any interruption in the availability of our website or Content; (iii) from any loss of data and/or from any equipment failure; (iv) out of the procurement of substitute goods or services resulting from any problems with the goods, content and/or services purchased or obtained from our website, or transactions entered into, through or from our website; (v) from unauthorized access to or alteration of your transmissions or data; (vi) from statements or conduct of any third party on our website; (vii) from any delay or failure of our website arising out of causes beyond our control; (viii) out of the use of, reference to, or reliance on, the Content; (ix) out of any third party materials, information, products and services contained on, or accessed through, our website (x) out of any content, materials, accuracy of information, and/or quality of the products, services or materials provided by or advertised on third party websites; or (xi) out of any other matter relating to our website or Content.
- In the event you are dissatisfied with, or dispute, these Terms of Use, our website and/or the Content, your sole right and exclusive remedy is to terminate your use of our website, even if that right or remedy is deemed to fail of its essential purpose. You confirm that we have no other obligation, liability or responsibility to you or any other party.
- Exclusions permitted by law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the above limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.
- Indemnification. To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless the Disclaiming Parties from and against all claims arising from or in any way related to your use of our website and/or Content, a violation by you of these Terms of Use, or any other actions connected with your use of our website and/or Content, including any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees. We will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to this section except to the extent that you are actually prejudiced by such failure and will not relieve you from any other liability that you may have to the Disclaiming Parties other than under this section. This section shall survive the termination of these Terms of Use.
- Term and Termination. These Terms of Use will take effect at the time you begin using our website. WE reserve the right, with or without notice, at any time, and for any reason to deny you access to our website or to any portion thereof, and to terminate these Terms of Use. These Terms of Use will terminate automatically if you fail to comply with these Terms of Use. You may terminate these Terms of Use at any time by ceasing to use our website, but all applicable provisions of these Terms of Use will survive such termination. Upon termination, you must destroy all copies of any portion of our website, including any Content, in your possession.
- Arbitration; Venue. Any controversy or claim (“Claim“) you have arising out of or relating to these Terms of Use shall be resolved by a single impartial arbitrator pursuant to proceedings administered by the American Arbitration Association under its rules for resolution of commercial disputes. Any such Claim shall be brought solely by you as an individual and not as part of, or as a representative of, a class. The arbitration shall be held in San Antonio, Texas. All submissions to the arbitrator, the proceedings and the award shall be confidential. The arbitration shall be conducted on an expedited basis with minimal discovery. The arbitrator’s award shall be final and binding. The courts of the State of Texas and/or the United States District Court for the Western District of Texas shall have exclusive jurisdiction and venue over (i) any action concerning the enforcement of an arbitration award, or (ii) if arbitration is not permitted by law, then any Claim you have arising out of or relating to these Terms of Use. You agree to unconditionally and irrevocably submit to the exclusive jurisdiction and venue of such courts and you will not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. EACH PARTY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OF USE. We reserve all rights and remedies available to it, in law or equity, with respect to any matter relating to these Terms of Use.
Neither party consents or agrees to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with an arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. Any claim or controversy as to the enforceability of this arbitration provision’s restriction on your right to participate in or pursue a class action or class-wide arbitration shall be brought only in the United States District Court for the Western District of Texas or any State of court located in Bexar County, Texas.
- Governing Law. These Terms of Use and all matters regarding your use of our website shall be governed by, construed in accordance with, and enforced under the laws of Texas, without regard to choice of law principles. Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods apply, and their applicability is expressly excluded. Printed copies of all agreements and/or notices in electronic form shall be admissible in any legal, investigative or regulatory proceedings.
- Waiver and Severability. The failure to exercise or enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect.
- Complete Agreement. These Terms of Use, together with any revision, our Privacy Policy, and any Click-through Agreement, constitutes the entire agreement between you and us, and supersedes any previous written or oral communication regarding use of our website.
- Statute of Limitations. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of our website must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.
- Use of Websites and Content outside of the United States. We make no claims regarding access or use of our website or Content outside of the United States. If you use or access our website or Content outside of the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of your jurisdiction as well as these Terms of Use.
- Social Media Non-Endorsement. We may provide opportunities for user interaction on our social media profiles on sites such as Facebook, Twitter, LinkedIn, Instagram, and various blogging sites. On those social media accounts, content and links to other Internet sites should not be construed as an endorsement of the organizations, entities, views, or content contained therein. We are not responsible for content or links posted by others.
- Contact Information.If you have any questions or concerns regarding these Terms of Use or our website, please visit our Contact Us page.