Houston Endowment Inc. Terms and Conditions of Use For www.houstonendowment.org

Acceptance of Terms
Welcome to the Houston Endowment Internet web site. This web site with its home page in the domain www.houstonendowment.org (the "Web site") is a complimentary service offered by the Houston Endowment at no charge to users of the World Wide Web. By accessing and using our Web site, you agree to be bound by these Terms and Conditions. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THIS SITE.

Intellectual Property
This Web site contains trademarks, logos and service marks that are the property of the Houston Endowment and other parties (the "Marks"). In order to keep these Marks distinctive, you are prohibited from using any Marks for any purpose, including, but not limited to, use as metatags on other pages or sites on the World Wide Web without prior written permission of the Houston Endowment or such third party who may own the Marks.

All information and content, including, but not limited to, text, graphics, logos, and any software programs available on or through the Web Site ("Content") is protected by copyright and other laws. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Web site for commercial or public purposes. Without in any way waiving any of the foregoing rights, you may download one copy of the Content on the Web site solely to facilitate your use of the Web site resources for personal and non-commercial purposes, provided you do not delete or change any copyright, trademark or other proprietary notices. Modification or use of the Content on the Web site may subject you to penalties or damages, including but not limited to those related to violation of trademarks, copyrights, privacy, and publicity damages.

No permission is hereby granted to you to distribute, modify, post or frame any Content.

Linked Sites
Although this site may be linked to other sites, the Houston Endowment is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site. The Houston Endowment has not reviewed all the sites linked to this site and is not responsible for the content of any off-site pages or any other site linked to this site. Your linking to any other off site pages or other sites is at your own risk.

Privacy
The Houston Endowment collects information voluntarily submitted by visitors to the Web site, which enables us to respond to requests. We also collect aggregate anonymous information to help us tailor the site to visitor interests and concerns. While we attempt to protect the transmission of any information visitors submit, no transmission of data is completely secure, so submissions are at you own risk.

The Houston Endowment is not responsible under any circumstances for damages resulting from the use of the information collected on the Web site.

No Warranty
ALL CONTENT, INFORMATION AND MATERIALS CONTAINED ON THE WEB SITE ARE PROVIDED TO YOU ON AN "AS IS" 'WHERE IS" AND "WHERE AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND/OR ACCURACY. The Houston Endowment expressly disclaims, to the fullest extent possible under the law, any and all liability for any infringement or other violation of intellectual property rights associated with the Web site or its content.

The Houston Endowment makes no warranty that the Web site will meet your requirements or that the services will be uninterrupted, timely, secure or free of errors or viruses, nor does the Houston Endowment warrant that the results you may obtain through the Web site will meet your needs or that the Houston Endowment will correct any software defects. Any content and/or data you download or otherwise obtain through the Web site comes at your own discretion and your own risk. You alone are solely responsible for any damage to your computer systems including, but not limited to, computer hardware, computer software or connections, or loss or corruption of data. No advice or information from the Houston Endowment, whether oral or written, will create a warranty.

Limitation of Liability
By entering the Web site you acknowledge and agree that your use is at your own risk and that none of the parties involved in creating, producing, or delivering the Web site is liable for any direct, incidental, consequential, indirect, or punitive damages, or any other losses, costs, or expenses of any kind (including legal fees, expert fees, or other disbursements) which may arise, directly or indirectly, through the access to, use of, or browsing of this site or through your downloading of any materials, data, text, images, video or audio from this site, including but not limited to anything caused by any viruses, bugs, human action or inaction or any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections.

Indemnification
You are personally responsible for your behavior while you use the Web site. You hereby agree to indemnify, defend, and hold the Houston Endowment and any affiliated companies harmless from and against any and all liability and costs, including, but not limited to, reasonable attorneys' fees and settlement amounts, incurred by the Houston Endowment and any affiliated companies in connection with any claim or demand of any third party alleging losses, damages, injuries, expenses, harm, costs and the like arising out of your use of, or inability to use, the Web site, connections to the Web site, alleged violation of these Terms and Conditions, alleged violation of the rights of a third party, or alleged violation of federal privacy law including, without limitation, the Children's Online Privacy Protection Act or any other regulations or rules with respect to privacy promulgated or enforced by any federal agency.

Amendment
The Houston Endowment reserves the right to amend this Agreement at any time and for any reason and reserves the right to make changes at any time, without notice or obligation, to any of the information contained on the Web site.

Severability
If any part or section of these Terms and Conditions shall be held illegal, unenforceable, or invalid for any reason, the illegality, unenforceability, or invalidity of any provision or portion of the Terms and Conditions shall not affect the remainder of the Terms and Conditions, and the Terms and Conditions shall be construed and enforced as if the illegal, unenforceable, or invalid provision or portion thereof had not been included herein.

Non-waiver
The failure of the Houston Endowment to enforce at any time any term, provision or condition of these Terms and Conditions, or to exercise any right herein, shall in no way operate as a waiver thereof, nor shall any single or partial exercise preclude any other right herein. In no way whatsoever shall a waiver of any term, provision or condition of these Terms and Conditions be valid unless in writing, signed by the Houston Endowment, and only to the extent set forth in such writing.

Governing Law and Forum Selection
This site is designed for use in the United States of America and is to be construed and evaluated according to the laws of the United States of America.

By accessing this Web site both you and the Houston Endowment agree that the statutes and laws of the State of Texas, without regard to conflicts of laws principles thereof, will apply to all matters arising from or relating to the use of this Web site. Any disputes arising under or related in any way to these Terms and Conditions or to this Web site shall be solely and exclusively litigated, arbitrated, or otherwise heard in Harris County, Texas. You consent to jurisdiction in any state or federal courts sitting in Harris County, Texas and arbitration in Harris County, Texas, and hereby waive any claim or defense that such forum is not convenient.

Headings
The headings appearing at the beginning of the sections contained in these Terms and Conditions have been inserted for identification and reference purposes only and shall not be used to determine the construction or interpretation of this agreement.