You acknowledge and agree that all materials, information, and content, including text, pictures, graphics, software, products, materials, services, and other files available on the Site, and the selection and arrangement thereof, (collectively “Content”) are protected by copyrights, trademarks, service marks, patents, trade secrets, and/or other proprietary rights and laws and that all rights, title, and interest in and to all such Content are owned by or licensed to LBMCH. You may display, print, or download one copy of Content from the Site for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. You may not "mirror" any Content contained on the Site on any other server without prior written permission from LBMCH and may not engage in “framing” any Content contained on any one or more of the Sites on or through another website without prior written permission from LBMCH. You may not reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any Content, use of the Site, and/or access to the Site. Use of the Content for any purpose not expressly permitted in these Terms without first obtaining the express written permission of LBMCH is prohibited.
Use of the Site
You are responsible for all Content that you upload, submit, post, email, or otherwise transmit using the Site or services. Likewise, you are responsible for respecting LBMCH’s and third parties’ rights with respect to Content that appears on the Site and not to download, email, or otherwise transmit such Content in violation of LBMCH’s and third parties’ rights. You agree not to use the Site or services to:
• Submit, upload, post, email, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other intellectual property right, privacy right, or publicity right of any person or entity.
• Submit, upload, post, email, or otherwise transmit any Content that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, pornographic, sexually explicit, invasive of another's privacy, hateful, racially, ethnically, or otherwise offensive.
• Impersonate another person or entity, including without limitation, a representative of LBMCH or its officers, directors, employees or agents; falsely represent or misrepresent your affiliation with another person or entity; or forge headers or otherwise manipulate identifiers that would disguise the origin of any Content transmitted through the Site or Services.
• Submit, upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, including without limitation, initiation or perpetuation of any spam, junk mail, or any other potentially objectionable form of unsolicited communication.
• Use the Site or services for any purpose or in any manner that violates any local, state, or federal law or regulation or the law or regulation of any foreign government.
• Collect or store personal data with respect to third parties except as contemplated by the Terms and then only for the express purpose of providing lawful communication that may reasonably be anticipated by such third parties.
• Directly or indirectly, intentionally disrupt or interfere with the Site or services in any manner that may materially adversely affect LBMCH, you, or any third party.
• Submit, upload, post, email, or otherwise transmit any material that contains software viruses or any other code, files or programs designed or known to disable, interrupt, or limit the functionality of any computer hardware, computer software, or telecommunications equipment or facilities.
• Submit, upload, post, email or otherwise transmit without authorization any material that contains personal or private information concerning any third party person or entity, including without limitation, phone number(s) or addresses, credit/debit cards, calling cards, account numbers, social security numbers, passwords or other similar information.
• Use any kind of automated tool, including but not limited to scripts, bots and other software, to try to collect information from the Site or to break into any of its servers.
Grant of License
In the event you post or submit Content to the Site, you grant LBMCH, its partners and related organizations, a perpetual, worldwide, royalty-free, non-exclusive license to use, copy, reproduce, display, perform, adapt, modify, publish, translate, transmit, distribute, have distributed, publicly perform, publicly display and promote the Content, or any part thereof, with the right to sublicense same, in any and all formats now known or hereinafter used, and waive any moral rights therein. LBMCH shall be free to use such Content, including ideas, concepts, know-how or techniques contained in such content for any reason whatsoever and without any payment or royalty obligations to you of any kind. You warrant and represent that you own or otherwise control all of the rights in and to the Content, or are otherwise authorized to reproduce and distribute the Content and grant LBMCH the license provided above; that you have retained all copyright and other notices necessary for obtaining permissions to reprint any third party Content; and that public posting and/or the licensed use of your Content by LBMCH will not infringe or violate the rights of any third party.
Links to Other Web Sites
Procedure for Making Claims of Copyright Infringement
LBMCH respects the intellectual property of others, and we ask our content partners and users posting to this Site to do the same. If you believe that your copyrighted work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify LBMCH by providing our copyright agent (identified below) with the following information:
1. The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf.
2. A description of the copyrighted work that you claim has been infringed and a description of the infringing activity, including identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the websites where it is posted or the name of the book in which it has been published.
3. Identification of the URL or other specific location on the Site where the material that you claim is infringing is located; such identification must include enough information to allow us to locate the material.
4. Your name, address, telephone number, and e-mail address.
5. 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.
6. A statement by you, made under penalty of perjury, that the information contained in your notice is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf.
Our agent for notice of claims of copyright or other intellectual property infringement on the Site can be reached as follows.
Lee & Beulah Moor Children’s Home
Chief Financial Officer
1100 E. Cliff Drive
El Paso, TX 79902
This contact information is only for reporting claims of copyright or other intellectual property infringement.
Disclaimer of Warranties
THE SITE, INCLUDING ALL CONTENT AND SOFTWARE WITHIN THE SITE ARE PROVIDED "AS IS" AND “AS AVAILABLE” FOR YOUR USE, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, QUIET ENJOYMENT, TITLE, DATA ACCURACY, SYSTEM INTEGRATION, AND INFORMATIONAL CONTENT. LBMCH, ITS PARTNERS AND AFFILIATED ORGANIZATIONS, AND ITS LICENSORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE OPERATION OF THE SITE, THE USE, VALIDITY, ACCURACY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF THE CONTENT OR THE SITE OR ANY OTHER WEBSITES LINKED TO THE SITE, INCLUDING BUT NOT LIMITED TO THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT OR THAT IT WILL MEET YOUR NEEDS OR REQUIREMENTS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; OR THAT THE CONTENT, SITE AND SOFTWARE THEREIN ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE MATERIALS ON THIS SITE MAY BE OUT OF DATE, AND LBMCH MAKES NO COMMITMENT TO UPDATE THE MATERIALS OR CONTENT ON THE SITE. LBMCH DOES NOT AND CANNOT GUARANTEE OR WARRANT THAT THE FILES AVAILABLE FOR DOWNLOADING FROM THE SITE, IF ANY, WILL BE FREE FROM INFECTION, VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. LBMCH DOES NOT WARRANT THAT THE SITE, SOFTWARE, OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS IN THESE SITES, SOFTWARE, AND CONTENT WILL BE CORRECTED. YOUR USE OF THE SITE IS SOLELY AT YOUR RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LBMCH SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU, EXCEPT THAT LBMCH’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT LBMCH, ITS PARTNERS AND AFFILIATED ORGANIZATIONS, AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (EVEN IF LBMCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATING TO THE USE, INABILITY TO USE, OR RESULTING FROM THE USE OF THE SITE, ANY WEBSITES LINKED TO OR FROM THE SITE, THE CONTENT, SOFTWARE OR OTHER INFORMATION CONTAINED IN OR ON THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, REGULATIONS, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR ANY OTHER LEGAL THEORY. IF YOUR USE OF THE SITE, CONTENT, SOFTWARE OR OTHER WEBSITES RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, EXCEPT THAT LBMCH’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS LBMCH, ITS SUCCESSORS AND ASSIGNS, RELATED OR AFFILIATED ORGANIZATIONS AND LICENSORS; AND THEIR EMPLOYEES, CONTRACTORS, OFFICERS, AND DIRECTORS FROM ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING ATTORNEY'S FEES, WHICH ARISE FROM YOUR USE OR MISUSE OF THE SITE OR VIOLATION OF THESE TERMS. LBMCH RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU SHALL COOPERATE WITH LBMCH IN ASSERTING ANY AVAILABLE DEFENSES.
Notice of Changes
LBMCH may update or change these Terms from time-to-time. If such a change is made, LBMCH will post the revised Terms on the Site. LBMCH reserves the right to add to, change or terminate the services offered on the Site at any time. You understand and agree that LBMCH may from time to time establish and revise practices and limitations concerning your use of the Site and services offered on the Site.
LBMCH makes no representation that Content or materials available on the Site are appropriate or available for use in locations outside the United States. Those who choose to access the Site from other locations do so at their own risk, and are responsible for compliance with all applicable local laws.
LBMCH RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO TERMINATE YOUR ACCESS TO ALL OR PART OF THE SITE, WITH OR WITHOUT NOTICE. CAUSE FOR SUCH TERMINATION SHALL INCLUDE, BUT NOT BE LIMITED TO, (A) BREACHES OR VIOLATIONS OF THE TERMS OR OTHER INCORPORATED AGREEMENTS OR GUIDELINES, (B) REQUESTS BY LAW ENFORCEMENT OR OTHER GOVERNMENT AGENCIES, (C) A REQUEST BY YOU (SELF-INITIATED ACCOUNT DELETIONS), (D) DISCONTINUANCE OR MATERIAL MODIFICATION TO THE SITE (OR ANY PART THEREOF), (E) UNEXPECTED TECHNICAL OR SECURITY ISSUES OR PROBLEMS, (F) EXTENDED PERIODS OF INACTIVITY, (G) ENGAGEMENT BY YOU IN FRAUDULENT OR ILLEGAL ACTIVITIES, AND/OR (H) NONPAYMENT OF ANY FEES, IF ANY, OWED BY YOU IN CONNECTION WITH THE SITE OR SERVICES OFFERED THROUGH THE SITE.
Use and Disclosure of Information
You acknowledge, consent and agree that LBMCH may access, preserve and disclose your account information and any Content submitted or posted to the Sites if required to do so by law, by subpoena or court order or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any such Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of LBMCH, its users and the public.
Choice of Law, Jurisdiction and Venue
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, excluding its conflicts of law principles. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms or your use of the Sites shall be the state or federal courts located in Texas, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
Severability and Integration
LBMCH’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by LBMCH in writing. The section titles in these Terms are solely used for the convenience of the parties and have no legal or contractual significance.
No Third-Party Beneficiaries
You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to this agreement.
If you have any questions about these Terms or desire to provide us with notice under these Terms (apart from notice of any copyright or intellectual property violation), you may contact LBMCH in the following ways:
Telephone: (915) 544-8777
Mail: Lee & Beulah Moor Children’s Home
Chief Financial Officer
1100 E. Cliff Drive
El Paso, TX 79902
These Terms were last updated on Sepember 19, 2008.