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Terms of Use

TERMS OF USE
1. ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS
Houston Turkey Trot (“We” or “Us”) provides the https://houstonturkeytrot.org (the “Site”) to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Use”). By using the Site, you agree to be bound by these Terms of Use and additional guidelines or rules you may encounter on the Site. If you do not agree to these Terms of Use, please exit the Site now.

2. DESCRIPTION OF SERVICE
We are a non-profit organization dedicated to bringing resources, education, and connection to emerging neighborhoods in the Gulf Coast region and other regions of Texas. The Site is provided for informational purposes and as a convenient method of communicating with us.

3. USER CONDUCT
Your use of the Site is subject to all applicable laws and regulations. You acknowledge and understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. You understand that by using the Site, you may be exposed to Content that is offensive, indecent, or objectionable. We are not liable in any way for any Content transmitted or otherwise made available through the Site. You agree that you will not use the Site to upload, post, share, or distribute information that:
* a) is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise violates our rules or policies;
* b) impersonates any person or entity, or falsely state or misrepresent your affiliation with a person or entity;
* c) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; and
* d) violates any law, statute, regulation, or agreement;

You understand and acknowledge that we may, in our sole discretion, pre-screen; refuse; or move any Content that is available on the Site. You agree that you must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you
may not rely on any Content created, presented, or transmitted by us.
You acknowledge, consent and agree that we may disclose any information you provide if we believe in good faith that disclosure of such information is necessary to (a) comply with legal requirements; (b) enforce the Terms of Use; © respond to claims against us; and (d) to protect our rights, property, or personal safety, the users of the Site, or the public at large.

4. INDEMNITY
You agree to indemnify and hold us and our officers, agents, employees, and partners harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, transmit or otherwise make available through the Site, your use of the Site, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another.

5. MODIFICATIONS TO SITE AND TERMS OF USE
We reserve the right to modify or discontinue the Site and change the Terms of Use without notice to you. You acknowledge and agree to review the Site and the Terms of Use. Your continued use of the Site after modifications constitutes acknowledgement and agreement to the modified Terms of Use. You agree that we shall not be liable to you or to any third party for any modification or discontinuation of the Site and change of Terms of Use.

6. PROPRIETARY RIGHTS
You understand and acknowledge that the Site and its Content contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content relating to sponsors or otherwise presented to you through the Site is protected by copyrights, trademarks, Site marks, patents, or other proprietary rights and laws. Except as expressly authorized by us in writing, you agree not to modify, rent, lease, loan, sell, distribute, transmit, or create derivative works of any Content made available through the Site.
If you believe that material posted on the Site infringes a copyright, please provide us with a Copyright Infringement Notification, pursuant to section 512 of the Copyright Act of 1976, containing the following:
* a) a physical or electronic signature of the copyright owner or authorized agent;
* b) identification of the copyrighted work(s) claimed to have been infringed;
* c) identification of the material that is alleged to be infringing or is the subject of the allegedly infringing activity that you desire to have removed, or have access to which disabled;
* d) information that is specific and sufficient to permit us to locate the material;
* e) your contact information, including your mailing address, telephone number, and e-mail address;
* f) a statement that you, as the copyright owner or its authorized agent, have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
* g) a statement that the information in the notification is accurate, and made under penalty of perjury, and, if an agent is providing the notification, a statement that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Copyright Infringement Notices should be submitted to the following Copyright Agent, whom we have designated for notification of alleged potential copyright infringement on the Site: Kate Birenbaum, P.O. Box 271389, Houston, Texas 77277-1389; kbirenbaum@bakerripley.org.

7. 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” AND “AS AVAILABLE” BASIS. WE AND OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS AND PARTNERS EXPRESSLY DISCLAIM 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 NONINFRINGEMENT.
* b) WE AND OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND PARTNERS MAKE NO WARRANTY THAT (i) THE SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS AND (ii) THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
* c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF SUCH MATERIALS.
* d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE, OR CREATE ANY LIABILITY OF ANY KIND FOR US, OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, OR PARTNERS.

8. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND PARTNERS SHALL NOT BE LIABLE TO YOU 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 WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY USE OF THE SITE OR CONTENT PROVIDED THEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITIES. THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.