Last revised: March 1, 2019

PLEASE READ THIS AGREEMENT CAREFULLY. This Terms of Use Agreement (the “Terms of Use” or “Agreement”) applies to the following Site: www.witshouston.org and any other websites owned or operated by Writers in the Schools (“WITS”), including mobile Site or apps (collectively, the “Site”). This Agreement is between you and the WITS and governs the terms and conditions applicable to your access and use of the Site and WITS’s services. These Terms of Use apply to all visitors, users, and others who access or use the Site. By accessing or using the Site, you agree to be bound by this Agreement and WITS’s Privacy Policy, which is hereby incorporated in this Agreement. If you do not agree with these policies, please do not use the Site.

WITS reserves the right to block your access to the Site and may discontinue or restrict your use of the Site for any reason.

CHANGES. WITS may revise this Agreement at any time by posting the amended Terms of Use at this location. You agree that you will be bound by any changes to the Terms of Use. For your convenience, the date of last revision is included at the top of this page. WITS may make changes in the services described on the Site at any time. Your continued use of the Site after changes have been posted will constitute your acceptance of this Agreement and any changes.

LICENSE FOR USE OF MATERIALS ON THE SITE. The content on the Site includes, but is not limited to, text, graphics, images, photographs, illustrations, maps, trademarks, tradenames, service marks, logos, information obtained from WITS’s licensors, and other materials (“Content”). Title to the Content on the Site remains with WITS. We invite you to view and use a single copy of the materials obtained from the Site for your personal, non-commercial use. Except as expressly permitted on the Site, you agree not to license, distribute, create derivative works from, transfer, sell or re-sell any information, Content, or services obtained from the Site. No graphics, photographs or other visual elements obtained through the Site may be used, copied, or distributed separate from the accompanying text without the prior express written consent of the original owner or WITS. You are not permitted to use the materials on the Site except as expressly set forth herein. You may not under any circumstances attempt to deface, shut down or otherwise damage the Site. You may not, without WITS’s written permission, “mirror” any Content contained in the Site or any other server.

THIRD PARTY SERVICES AND CONTENT. The Site may be made available or accessed in connection with third party services and content (including advertising) that WITS does not control. Our Site may contain links to other websites provided by third parties. Please be aware that we do not control these third party websites or any of the content contained on those websites. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. WITS does not endorse such third party services and content and in no event shall WITS be responsible or liable for any products or services of such third party providers. Once you have left our Site, we cannot be responsible for the privacy practices of such other websites. We encourage you to exercise caution and to read the privacy policy for the website you visit. The inclusion of hyperlinks to third party websites on our Site in no way constitutes an endorsement by us of such websites’ content, actions or policies.

SECURITY. We have put in place physical, electronic, and managerial procedures to safeguard and secure the information we collect online. Of course, please exercise discretion in sending us your information, as data security protections cannot protect your information with certainty.

LINKS TO SITE. Unless otherwise set forth in a written agreement between you and WITS, you must adhere to WITS’s linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with WITS’s names and trademarks, (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, endorsed by, or otherwise associated with WITS, (iii) when selected by a user, the link must display the Site on full-screen and not within a “frame” on the linking website, and (iv) WITS reserves the right to revoke its consent to the link at any time and in its sole discretion. Use or misrepresentation of any of WITS’s logos, designs, images, photographs, slogans, trademarks or service marks in conjunction with the external links is not permitted.

TRADEMARKS. WITS, and all other names of WITS, referenced herein, are registered or common law trademarks of WITS in the United States. For more information, please contact WITS at mail@witshouston.org. Unauthorized use of any WITS trademark, service mark or logo may be a violation of federal and state law.

DISCLAIMERS AND LIMITATION OF LIABILITY. THE SITE AND ALL CONTENT ON THE SITE ARE PROVIDED TO YOU ON AN “AS IS” “AS 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, AND NON-INFRINGEMENT. WITS MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITE AND THE CONTENT AVAILABLE ON THE SITE IS AT YOUR SOLE RISK.

WITS MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WITS DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION PUNITIVE, EXEMPLARY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE, THE SERVICES, THE CONTENT, THE COMMERCIAL PRODUCTS OR ANY THIRD PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGH THE SITE, REGARDLESS OF THE TYPE OF CLAIM OR ACTION, EVEN IF WITS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

To the extent that WITS may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of WITS liability will be equal to the amount the user paid for the Services or the minimum permitted under such applicable law.

EXCLUSIVE REMEDY

IN THE EVENT OF ANY PROBLEM WITH THE SITE, SERVICES, OR THE CONTENT, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SITE, THE SERVICES AND THE CONTENT. NO ACTION MAY BE MAINTAINED AGAINST WITS, OR ITS SUBSIDIARIES, AFFILIATES, OR LICENSORS. UNDER NO CIRCUMSTANCES SHALL WITS, ITS SUBSIDIARIES, AFFILIATES, OR LICENSORS BE LIABLE IN ANY WAY FOR YOUR USE OF THE SITE, THE SERVICES, THE CONTENT, THE COMMERCIAL PRODUCTS OR THIRD PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS, ANY INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF, OR RELATED TO, THE USE OF THE SITE, THE SERVICES, THE CONTENT, THE COMMERCIAL PRODUCTS OR ANY THIRD PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGH THE SITE.

Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.

INDEMNITY. You agree to indemnify, defend and hold WITS, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, due to or arising out of your use of the Site and/or breach of this Agreement.

WITS’S COPYRIGHT. The Site, including all text, graphics, user interfaces, visual interfaces, photographs, sounds, audio, video, artwork, computer code (including HTML, CSS, XML, and JavaScript), interactive features, and the Site functionality, programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Site’ functionality, unless otherwise indicated is protected by U.S. copyright laws. Any downloadable or printable programs, information, or materials available through the Site and all copyrights, trade secrets, and know-how related thereto, unless otherwise indicated, are owned by WITS. Except for your use as authorized above, you may not modify, reproduce or distribute the Content, design or layout of the Site, or individual sections of the Content, design or layout of the Site, without WITS’s express prior written permission.

LOCATION. The Site are operated by WITS from its offices in the United States. WITS makes no representation that the Content of the Site is available or appropriate for use in other locations. Those who choose to access the Site from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws. Please know that by accessing or using the Site from outside the United States, you agree to the transfer of your information to the United States.

PRIVACY. Your privacy is important to us. This Agreement includes and incorporates the WITS Privacy Policy, which is incorporated herein by this reference. Please read the Privacy Policy carefully for details relating to the collection, use, and disclosure of your personal information.

CHOICE OF LAW/FORUM. All claims arising out of this Agreement or relating to the Site will be governed by the laws of the State of Texas, USA, excluding the application of its conflicts of law rules. Any legal action or proceeding arising out of this Agreement or relating to the Site shall be brought exclusively in a state or federal court in Houston, Texas, USA.

MISCELLANEOUS. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. WITS’s failure to act with respect to any failure by you or others to comply with these Terms of Use does not waive WITS’s right to act with respect to subsequent or similar failures. These Terms of Use set forth the entire understanding and agreement between you and WITS with respect to the subject matter hereof.

Contact Us: If you have any questions, concerns, or suggestions regarding this Agreement please contact us at: mail@witshouston.org