Terms of Service - Understand Your Rights

I. Definitions

By “thearcoftexas.org” we mean the features and services we make available, including through (a) our website at www.thearcoftexas.org and (b) other media, devices or networks now existing or later developed.

By “us,” “we,” “our” and “The Arc of Texas” we mean The Arc of Texas, its employees, officers, directors, and all other persons or entities affiliated with the The Arc of Texas.

By “Content” we mean the content and information on thearcoftexas.org, including, but not limited to, all materials, images, trademarks, copyrightable materials, advertisements, data, text, graphics, files, photos, software and video.

By “use” we mean use, copy, reproduce, publicly perform or display, distribute, modify, translate, and create derivative works of.

By “Site” we mean thearcoftexas.org site and various related services, including other media, devices or networks now existing or later developed.

II. User’s Acknowledgement and Acceptance of Terms

The Arc of Texas and/or our affiliates provides the thearcoftexas.org site and various related services, including other media, devices or networks now existing or later developed (collectively, 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”), as well as any other written agreement between us and you. In addition, when using particular services or materials on this Site, users shall be subject to any posted rules or additional terms and conditions applicable to such services or materials in addition to those in these Terms of Use. All such guidelines, terms, conditions, or rules are hereby incorporated by reference into these Terms of Use.

BY ACCESSING AND USING THIS SITE, YOU AGREE TO ADHERE TO AND BE BOUND BY THESE TERMS OF USE. PLEASE READ THESE TERMS OF USE CAREFULLY AS WELL AS THE ARC OF TEXAS’S PRIVACY POLICY. IF YOU DO NOT AGREE TO THE TERMS OF USE AND PRIVACY POLICY, YOU MUST IMMEDIATELY TERMINATE USE OF THE SITE.

These Terms of Use are effective as of 2020. We expressly reserve the right to change these Terms of Use at any time without notice. You acknowledge and agree that it is your responsibility to review this Site and these Terms of Use from time to time and to familiarize yourself with any modifications. YOU ACKNOWLEDGE YOUR USE OF THEARCOFTEXAS.ORG FOLLOWING ANY MODIFICATION OF THE TERMS OF USE SHALL BE CONCLUSIVELY DEEMED TO BE YOUR ACCEPTANCE OF MODIFIED TERMS OF USE AND AGREEMENT TO ABIDE AND BE BOUND BY THE MODIFIED TERMS OF USE.

Finally, you acknowledge and agree that the information on the Site is made available for informational purpose only and is not legal nor other professional advice, nor is it considered a substitute for such advice or counsel. Persons should not act upon information on this Site without seeking professional counsel, legal or otherwise.

III. Limited License for Use of Content; Conduct on Site.

Except as otherwise provided on this Site, Users of this Site are granted a limited, nonexclusive license to use the Site and its Content for personal and non-commercial use only. Unless otherwise stated on the Site, Users may print articles, news stories, press releases, FAQs and other reading materials (“Documents”) from this Site for the User’s personal, non-commercial use only, provided that such Documents are not modified or revised in any manner. Except as permitted herein or as otherwise stated on the Site, Content may not be reproduced, sold, licensed, transferred, modified, distributed, transmitted, used to create derivative works from, published, displayed, or otherwise used or exploited for any purpose without the express written permission of The Arc of Texas. Use of any permitted Content must be used as provided by The Arc of Texas, without editing or modification, and must be accompanied by proper attribution to The Arc of Texas as the source: “Reprinted under a limited license with permission by The Arc of Texas.”

By accessing and using this Site, you agree that you will comply with all applicable local, state, national and international laws and regulations, and that you are solely responsible for the substance of your communications through the Site. In addition, by accessing and using this Site, you agree to the following:

a. You will not send or otherwise post unauthorized commercial communications to users (such as “spam”);
b. You will not collect users’ information, or otherwise access thearcoftexas.org, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission;
c. You will not upload viruses or other malicious code;
d. You will not solicit login information or access an account belonging to someone else;
e. You will not bully, intimidate, or harass any user;
f. You will not post any defamatory, libelous, threatening, vulgar, sexually explicit, abusive, profane, rude, obscene, or anonymous content;
g. You will not use thearcoftexas.org to do anything unlawful, misleading, malicious, or discriminatory;
h. You will not facilitate or encourage any violations of the Terms of Use;
i. You will not post anyone’s identification documents or sensitive financial information on thearcoftexas.org; and
j. You will not post content or take any action on thearcoftexas.org that infringes someone else’s rights or otherwise violates the law.
IV. Registration and Account Security.
In order to assist us in maintaining the professionalism of thearcoftexas.org, you make the following commitments to us related to registering and maintaining the security of your account and further understand that your failure to adhere to these commitments constitutes a breach of these Terms of Use:
You will not provide any false personal information on thearcoftexas.org, create an account for anyone other than yourself without permission, or impersonate any other person in any registration or content you upload to thearcoftexas.org;
You will keep your contact information accurate and up-to-date;
You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account;
You will not transfer your account to anyone without first getting our written permission; and
You will not access or use certain areas of thearcoftexas.org which require a username and password, unless you are a current member of The Arc of Texas or have otherwise been given permission by The Arc of Texas to register in order to use thearcoftexas.org.

V. User-Generated Content.

Subject to these Terms of Use, we welcome your views, comments and other communications, pictures, trackback URLs, or videos to our Site, which may include discussion boards, blogs, and other services that allow users to provide feedback, comment or content (“User Content”). By contributing User Content to the Site or social media profiles, you understand and acknowledge that this information is available to the public. Furthermore, you specifically grant us a nonexclusive, transferable, sub-licensable, royalty-free, worldwide, perpetual, irrevocable right and license to use, without compensation to you, any User Content that you post, submit, upload or otherwise provide on/to the Site.
The Arc of Texas in its sole discretion, reserves the right to review, control, or edit (including removal) any User Content uploaded, posted, or submitted onto the Site. Without limiting the foregoing, The Arc of Texas can remove any content you post on thearcoftexas.org if we believe that it violates the Terms of Use. The Arc of Texas does not guarantee that it will review User Content, nor does The Arc of Texas guarantee the accuracy, legality or reliability of any User Content, and under no circumstances will The Arc of Texas be responsible or liable for User Content. You are advised to investigate and evaluate User Content prior to relying on it.

VI. Purchasing The Arc of Texas Products & Services.

The Arc of Texas may make available products and services for purchase through the Site. All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on this Site are subject to change at any time without notice. Refunds and exchanges will be subject to The Arc of Texas’s refund and exchange policies then in effect. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your purchase(s). The Arc of Texas reserves the right, without prior notice, to limit the order quantity on any product, item or service offered for sale on the Site and/or to refuse service to any customer.

The Arc of Texas may use third-party suppliers and service providers to enable e-commerce functionality on the Site or direct you to a third-party supplier’s website to facilitate the purchase using such third-party supplier’s e-commerce functionality, where you may be asked to supply certain information relevant to the purchase, including, without limitation, your credit card number, the expiration date of your credit card, your billing address and your shipping information. By submitting such information, you grant The Arc of Texas the right to provide such information to third parties for purposes of facilitating the completion of purchases initiated by you or on your behalf. Verification of information may be required prior to the acknowledgement or completion of any purchase.

VII. Copyright Infringement.

1. Notice of Claimed Infringement. If you believe there has been an infringement of your copyrighted material by The Arc of Texas or by a third party who has uploaded, posted, submitted or otherwise provided content on our Site, please provide the following information, in writing, to our designated copyright agent listed below:

a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit The Arc of Texas to locate the material;

d. Information reasonably sufficient to permit The Arc of Texas to contact you, such as your address, telephone number, and, if available, an electronic mail address at which you may be contacted;

e. A statement that you 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

f. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The Arc of Texas has registered a designated agent with the Copyright Office pursuant to 17 U.S.C. § 512(c). If you believe your copyright material is being used on this Site without permission, please notify the designated agent at:

Jennifer Martinez
The Arc of Texas
8001 Centre Park Drive, Suite 100
Austin, Texas 78754
512-454-6694
dmca@thearcoftexas.org

2. Counter Notification. If we removed your content for allegedly infringing someone else’s copyright or other intellectual property rights, we will take reasonable steps to notify you, and if you believe we removed it by mistake, we will provide you with an opportunity to respond, pursuant to 17 U.S.C. § 512(g).
3. Repeat Infringers. The Arc of Texas may terminate your access to the Site, in appropriate circumstances, upon infringement of third-party intellectual property rights. Appropriate circumstances may exist where:

a. The Arc of Texas has received three or more valid, effective and uncontested notices, pursuant to the requirements of 17 U.S.C. § 512(c), claiming infringement by you, within any five-year period; or

b. You have been found by a court of competent jurisdiction to have infringed the copyrights of a third party on two or more occasions, and The Arc of Texas receives actual notice of such findings.

Notwithstanding the above circumstances, The Arc of Texas reserves the right to terminate accounts that act against the spirit of these Terms of Use, regardless of how many notices are received.

VIII. Advertisements.

Our goal is to deliver ads that are not only valuable to advertisers, but also valuable to you. In order to do that, you agree to the following:

Unless expressly indicated to the contrary, the existence of advertisements on the Site does not constitute an endorsement, approval, or sponsorship of any advertiser by The Arc of Texas; and The Arc of Texas is not responsible for the products and services of advertisers on the Site, nor is The Arc of Texas responsible for the claims and representations made by an advertiser on the Site.

IX. Accuracy of Content.

The Arc of Texas takes reasonable steps to maintain the accuracy of and update the Content on the Site. However, The Arc of Texas does not make any representations or warranties regarding the accuracy of the Content, nor does The Arc of Texas make any commitment to update the Content. You agree that you bear all risks associated with, the use of the Site and the Content, including, without limitation, any reliance on the accuracy, completeness or usefulness of any Content or other materials available through the Site.

X. Disclaimer of Warranties.

ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “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, TITLE, COMPARABILITY, SECURITY, ACCURACY AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

NEITHER THE ARC OF TEXAS, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, MEMBERS, OR TRUSTEES NOR ANY OF ITS AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, CONTRACTORS, PROMOTIONAL PARTNERS, OR LICENSORS REPRESENT, WARRANT, OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY INFORMATION DISPLAYED, UPLOADED, DOWNLOADED, OR DISTRIBUTED THROUGH THEARCOFTEXAS.ORG BY ANY USER, OR ANY OTHER PERSONS OR ENTITY.

XI. Limitation of Liability; Indemnification.

1. Limitation of Liability. YOU AGREE THAT IN NO EVENT SHALL THE ARC OF TEXAS, OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND/OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL OR INDIRECT LOSSES OR DAMAGES INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR RELIANCE ON THIS SITE OR FROM ANY INFORMATION OR CONTENT DISPLAYED, UPLOADED OR DOWNLOADED FROM THIS SITE.

2. Indemnification. You will promptly indemnify, defend, and hold harmless The Arc of Texas, its parents, affiliates, supplies, successors, and assigns, and all of their officers, directors, and employees and agents from and against any fine, penalty, loss, cost, damage, injury, expense or liability (including reasonable attorneys’, accountants’, and expert fees and disbursements) arising out of any claim made by you or a third-party relating to use or misuse of this Site.

XII. Termination.

The Arc of Texas reserves the right, in its sole discretion, to terminate a user’s access to the Site for any reason, including, but not limited to, a user’s breach of these Terms of Use.

XIII. General.

1. Governing Law. You will resolve any claim, cause of action or dispute (“claim”) you have with us arising out of or relating to the Terms of Use or thearcoftexas.org in a state or federal court located in Travis County, Texas. The laws of the State of Texas will govern the Terms of Use, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Travis County, Texas for the purpose of litigating all such claims.

2. Entire Agreement. These Terms of Use make up the entire agreement between the parties regarding thearcoftexas.org, and supersedes any prior agreements.

3. Waiver & Severability. If any portion of these Terms of Use is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of the Terms of Use, it will not be considered a waiver. Any amendment to or waiver of the Terms of Use must be made in writing and signed by us.

4. Ownership of Site. All right, title and interest in and to the Site and Content belong solely and exclusively to The Arc of Texas and/or any third party owner of particular Content. The Site and the Content are protected by applicable federal, state, and local laws, including but not limited to copyright and trademark laws. All rights not expressly granted or addressed herein are expressly reserved by The Arc of Texas.

5. No Third-Party Beneficiaries. These Terms of Use do not confer any third-party beneficiary rights.

6. Assignment or Transfer. You will not assign, transfer, or sublicense any of your rights or obligations under the Terms of Use to anyone else without our written consent. All of our rights and obligations under the Terms of Use are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

7. Headings. Any heading, caption or section title contained in these Terms of Use is included for reference purposes only and will not affect in any way the meaning or interpretation of these Terms of Use.

The Arc of Texas promotes, protects, and advocates for the human rights and self-determination of all Texans with intellectual and developmental disabilities.