www.WeCareTexas.com provides a collection of online resources,
including classified ads, forums, and various email services, (referred
to hereafter as "the Service") subject to the following Terms
of Use ("Terms"), which may be updated by www.WeCareTexas.com
from time to time. www.WeCareTexas.com will provide notice of materially
significant changes to the Terms by posting notice on the
www.WeCareTexas.com site. You can review the most current version of the
Terms at: http://www.www.WeCareTexas.com./about/terms.of.use.html.
By using the Service in any way, you are agreeing to comply with these
Terms. In addition, when using particular www.WeCareTexas.com services,
you agree to abide by any applicable posted guidelines for all
www.WeCareTexas.com services, which may change from time to time. Should
you object to any term or condition of these Terms, any guidelines, or
any subsequent modifications thereto or become dissatisfied with
www.WeCareTexas.com in any way, your only recourse is to immediately
discontinue use of www.WeCareTexas.com.
2. Content
You understand that all postings, messages, text, files, images,
photos, video, sounds, or other materials ("Content") posted
on, transmitted through, or linked from the Service, are the sole
responsibility of the person from whom such Content originated. More
specifically, you are entirely responsible for all Content that you
post, email or otherwise make available via the Service. You understand
that www.WeCareTexas.com does not control, and is not responsible for
Content made available through the Service, and that by using the
Service, you may be exposed to Content that is offensive, indecent,
inaccurate, misleading, or otherwise objectionable. Furthermore, the
www.WeCareTexas.com site and Content available through the Service may
contain links to other websites, which are completely independent of
www.WeCareTexas.com. www.WeCareTexas.com makes no representation or
warranty as to the accuracy, completeness or authenticity of the
information contained in any such site. Your linking to any other
websites is at your own risk. You agree that you must evaluate, and bear
all risks associated with, the use of any Content, that you may not rely
on said Content, and that under no circumstances will
www.WeCareTexas.com be liable in any way for any Content or for any loss
or damage of any kind incurred as a result of the use of any Content
posted, emailed or otherwise made available via the Service. You
acknowledge that www.WeCareTexas.com does not pre-screen or approve
Content, but that www.WeCareTexas.com shall have the right (but not the
obligation) in its sole discretion to refuse, delete or move any Content
that is available via the Service, for violating the letter or spirit of
the Terms or for any other reason.
3. Notification of Claims of Infringement
If you believe that your work has been copied in a way that
constitutes copyright infringement, or your intellectual property rights
have been otherwise violated, please notify www.WeCareTexas.com's agent
for notice of claims of copyright or other intellectual property
infringement ("Agent"), at abuse@www.WeCareTexas.com or:
Please provide our Agent with the following Notice:
1. Identify the copyrighted work or other intellectual property
that you claim has been infringed;
2. Identify the material on the www.WeCareTexas.com site that you
claim is infringing, with enough detail so that we may locate it on
the website;
3. 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;
4. A statement by you declaring under penalty of perjury that (a)
the above information in your Notice is accurate, and (b) that you
are the owner of the copyright interest involved or that you are
authorized to act on behalf of that owner;
5. Your address, telephone number, and email address; and
6. Your physical or electronic signature.
www.WeCareTexas.com will remove the infringing posting(s), subject to
the the procedures outlined in the Digital Millenium Copyright Act (DMCA).
4. Privacy and Information Disclosure
www.WeCareTexas.com has established a Privacy Policy to explain to
users how their information is collected and used, located at http://www.www.WeCareTexas.com
/about/privacy.policy.html. Your use of the www.WeCareTexas.com website
or the Service signifies acknowledgement of and agreement to our Privacy
Policy. You further acknowledge and agree that www.WeCareTexas.com may,
in its sole discretion, preserve or disclose your Content, as well as
your information, such as email addresses, IP addresses, timestamps, and
other user information, if required to do so by law or in the good faith
belief that such preservation or disclosure is reasonably necessary to:
comply with legal process; enforce these Terms; respond to claims that
any Content violates the rights of third-parties; respond to claims that
contact information (e.g. phone number, street address) of a third-party
has been posted or transmitted without their consent or as a form of
harassment; protect the rights, property, or personal safety of
www.WeCareTexas.com, its users or the general public.
5. Conduct
You agree not to post, email, or otherwise make available Content:
· that is unlawful, harmful, threatening, abusive,
harassing, defamatory, libelous, invasive of another's privacy, or
is harmful to minors in any way;
· that is pornographic or depicts a human being engaged
in actual sexual conduct including but not limited to (i) sexual
intercourse, including genital-genital, oral-genital, anal-genital,
or oral-anal, whether between persons of the same or opposite sex,
or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or
masochistic abuse, or (v) lascivious exhibition of the genitals or
pubic area of any person;
· that harasses, degrades, intimidates or is hateful
toward an individual or group of individuals on the basis of
religion, gender, sexual orientation, race, ethnicity, age, or
disability;
· that impersonates any person or entity, including, but
not limited to, a www.WeCareTexas.com employee, or falsely states or
otherwise misrepresents your affiliation with a person or entity
(this provision does not apply to messages that are lawful
non-deceptive parodies of public figures.);
· that includes personal or identifying information about
another person without that person's explicit consent;
· that is false, deceptive, misleading, deceitful,
misinformative, or constitutes "bait and switch";
· that infringes any patent, trademark, trade secret,
copyright or other proprietary rights of any party, or Content that
you do not have a right to make available under any law or under
contractual or fiduciary relationships;
· that constitutes or contains "affiliate
marketing," "link referral code," "junk
mail," "spam," "chain letters,"
"pyramid schemes," or unsolicited commercial
advertisement;
· that constitutes or contains any form of advertising or
solicitation if (1) posted in areas of the www.WeCareTexas.com sites
which are not designated for such purposes; or (2) emailed to
www.WeCareTexas.com users who have requested not to be contacted
about other services, products or commercial interests.
· that includes links to commercial services or web
sites, except as allowed in "services";
· that advertises any illegal services or the sale of any
items the sale of which is prohibited or restricted by applicable
law, including without limitation items the sale of which is
prohibited or regulated by Texas law;
· that contains software viruses or any other computer
code, files or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or
telecommunications equipment;
· that disrupts the normal flow of dialogue with an
excessive number of messages (flooding attack) to the Service, or
that otherwise negatively affects other users' ability to use the
Service; or
· that employs misleading email addresses, or forged
headers or otherwise manipulated identifiers in order to disguise
the origin of Content transmitted through the Service.
Additionally, you agree not to:
· contact anyone who has asked not to be contacted;
· "stalk" or otherwise harass anyone;
· collect personal data about other users for commercial
or unlawful purposes;
· use automated means, including spiders, robots,
crawlers, data mining tools, or the like to download data from the
Service - unless expressly permitted by www.WeCareTexas.com;
· post non-local or otherwise irrelevant Content,
repeatedly post the same or similar Content or otherwise impose an
unreasonable or disproportionately large load on our infrastructure;
· post the same item or service in more than one
classified category or forum, or in more than one metropolitan area;
or
· attempt to gain unauthorized access to
www.WeCareTexas.com's computer systems or engage in any activity
that disrupts, diminishes the quality of, interferes with the
performance of, or impairs the functionality of, the Service or the
www.WeCareTexas.com website.
6. No Spam Policy
You understand and agree that sending unsolicited email
advertisements to www.WeCareTexas.com email addresses or through
www.WeCareTexas.com computer systems, which is expressly prohibited by
these Terms, will use or cause to be used servers located in Texas. Any
unauthorized use of www.WeCareTexas.com computer systems is a violation
of these Terms and certain federal and state laws. Such violations may
subject the sender and his or her agents to civil and criminal
penalties.
7. Limitations on service
You acknowledge that www.WeCareTexas.com may establish limits
concerning use of the Service, including the maximum number of days that
Content will be retained by the Service, the maximum number and size of
postings, email messages, or other Content that may be transmitted or
stored by the Service, and the frequency with which you may access the
Service. You agree that www.WeCareTexas.com has no responsibility or
liability for the deletion or failure to store any Content maintained or
transmitted by the Service. You acknowledge that www.WeCareTexas.com
reserves the right at any time to modify or discontinue the Service (or
any part thereof) with or without notice, and that www.WeCareTexas.com
shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
8. Access to the Service
www.WeCareTexas.com grants you a limited, revocable, nonexclusive
license to access the Service for your own personal use of the Service,
and not to download (other than page caching) or modify it, or any
portion of it, or any Content made available via the Service (except for
your own Content), without the express written consent of
www.WeCareTexas.com. This license does not include any collection,
aggregation, copying, duplication, display or derivative use of the
Service nor any use of data mining, robots, spiders, or similar data
gathering and extraction tools for any purpose unless expressly
permitted by www.WeCareTexas.com. A limited exception is provided to
general purpose internet search engines and non-commercial public
archives that use such tools to gather information for the sole purpose
of displaying hyperlinks to the Service, provided they each do so from a
stable IP address or range of IP addresses using an easily identifiable
agent and comply with our robots.txt file. "General purpose
internet search engine" does not include a website or search engine
or other service that specializes in classified listings or in any
subset of classifieds listings such as jobs, housing, for sale,
services, or personals, or which is in the business of providing
classified ad listing services.
www.WeCareTexas.com permits you to display on your website, or create
a hyperlink on your website to, individual postings on the Service so
long as such use is for noncommercial and/or news reporting purposes
only (e.g., for use in personal web blogs or personal online media). If
the total number of such postings displayed or linked to on your website
exceeds one hundred (100) postings, your use will be presumed to be in
violation of these Terms, absent express permission granted by
www.WeCareTexas.com to do so. You may also create a hyperlink to the
home page of www.WeCareTexas.com sites so long as the link does not
portray www.WeCareTexas.com, its employees, or its affiliates in a
false, misleading, derogatory, or otherwise offensive matter.
www.WeCareTexas.com offers various parts of the Service in RSS format
so that users can embed individual feeds into a personal website or blog,
or view postings through third party software news aggregators.
www.WeCareTexas.com permits you to display, excerpt from, and link to
the RSS feeds on your personal website or personal web blog, provided
that (a) your use of the RSS feed is for personal, non-commercial
purposes only, (b) each title is correctly linked back to the original
post on the Service and redirects the user to the post when the user
clicks on it, (c) you provide, adjacent to the RSS feed, proper
attribution to 'www.WeCareTexas.com' as the source, (d) your use or
display does not suggest that www.WeCareTexas.com promotes or endorses
any third party causes, ideas, web sites, products or services, (e) you
do not redistribute the RSS feed, and (f) your use does not overburden
www.WeCareTexas.com's systems. www.WeCareTexas.com reserves all rights
in the content of the RSS feeds and may terminate any RSS feed at any
time.
Use of the Service beyond the scope of authorized access granted to
you by www.WeCareTexas.com immediately terminates said permission or
license. In order to collect, aggregate, copy, duplicate, display or
make derivative use of the the Service or any Content made available via
the Service for other purposes (including commercial purposes) not
stated herein, you must first obtain a license from www.WeCareTexas.com.
9. Termination of service
You agree that www.WeCareTexas.com, in its sole discretion, has the
right (but not the obligation) to delete or deactivate your account,
block your email or IP address, or otherwise terminate your access to or
use of the Service (or any part thereof), immediately and without
notice, and remove and discard any Content within the Service, for any
reason, including, without limitation, if www.WeCareTexas.com believes
that you have acted inconsistently with the letter or spirit of the
Terms. Further, you agree that www.WeCareTexas.com shall not be liable
to you or any third-party for any termination of your access to the
Service. Further, you agree not to attempt to use the Service after said
termination. Sections 2, 4, 6 and 10-16 shall survive termination of
these Terms.
10. Dealings with organizations and individuals
Your interactions with organizations and/or individuals found on or
through the Service, including payment and delivery of goods or
services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such
organizations and/or individuals. You agree that www.WeCareTexas.com
shall not be responsible or liable for any loss or damage of any sort
incurred as the result of any such dealings. If there is a dispute
between participants on this site, or between users and any third party,
you understand and agree that www.WeCareTexas.com is under no obligation
to become involved. In the event that you have a dispute with one or
more other users, you hereby release www.WeCareTexas.com, its officers,
employees, agents and successors in rights from claims, demands and
damages (actual and consequential) of every kind or nature, known or
unknown, suspected and unsuspected, disclosed and undisclosed, arising
out of or in any way related to such disputes and / or our service.
11. Proprietary rights
The Service is protected to the maximum extent permitted by copyright
laws and international treaties. Content displayed on or through the
Service is protected by copyright as a collective work and/or
compilation, pursuant to copyrights laws, and international conventions.
Any reproduction, modification, creation of derivative works from or
redistribution of the site or the collective work, and/or copying or
reproducing the sites or any portion thereof to any other server or
location for further reproduction or redistribution is prohibited
without the express written consent of www.WeCareTexas.com. You further
agree not to reproduce, duplicate or copy Content from the Service
without the express written consent of www.WeCareTexas.com, and agree to
abide by any and all copyright notices displayed on the Service. You may
not decompile or disassemble, reverse engineer or otherwise attempt to
discover any source code contained in the Service. Without limiting the
foregoing, you agree not to reproduce, duplicate, copy, sell, resell or
exploit for any commercial purposes, any aspect of the Service.
WWW.WECARETEXAS.COM is a registered mark in the U.S. Patent and
Trademark Office.
Although www.WeCareTexas.com does not claim ownership of content that
its users post, by posting Content to any public area of the Service,
you automatically grant, and you represent and warrant that you have the
right to grant, to www.WeCareTexas.com an irrevocable, perpetual,
non-exclusive, fully paid, worldwide license to use, copy, perform,
display, and distribute said Content and to prepare derivative works of,
or incorporate into other works, said Content, and to grant and
authorize sublicenses (through multiple tiers) of the foregoing.
Furthermore, by posting Content to any public area of the Service, you
automatically grant www.WeCareTexas.com all rights necessary to prohibit
any subsequent aggregation, display, copying, duplication, reproduction,
or exploitation of the Content on the Service by any party for any
purpose.
12. Disclaimer of Warranties
YOU AGREE THAT USE OF THE WWW.WECARETEXAS.COM SITE AND THE SERVICE IS
ENTIRELY AT YOUR OWN RISK. THE WWW.WECARETEXAS.COM SITE AND THE SERVICE
ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS,
WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES,
INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY
RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
TO THE FULLEST EXTENT PERMITTED BY LAW, WWW.WECARETEXAS.COM DISCLAIMS
ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND
PERFORMANCE OF THE WWW.WECARETEXAS.COM SITE AND THE SERVICE. TO THE
FULLEST EXTENT PERMITTED BY LAW, WWW.WECARETEXAS.COM DISCLAIMS ANY
WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON
THE WWW.WECARETEXAS.COM SITE OR THE SITES OR SERVICE, OR ACCESSED
THROUGH ANY LINKS ON THE WWW.WECARETEXAS.COM SITE. TO THE FULLEST EXTENT
PERMITTED BY LAW, WWW.WECARETEXAS.COM DISCLAIMS ANY WARRANTIES FOR
VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE
WWW.WECARETEXAS.COM SITE OR THE SERVICE. Some jurisdictions do not allow
the disclaimer of implied warranties. In such jurisdictions, some of the
foregoing disclaimers may not apply to you insofar as they relate to
implied warranties.
13. Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL WWW.WECARETEXAS.COM BE LIABLE FOR
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES (EVEN IF WWW.WECARETEXAS.COM HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE
WWW.WECARETEXAS.COM SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM
USE OR MISUSE OF THE WWW.WECARETEXAS.COM SITE OR THE SERVICE, FROM
INABILITY TO USE THE WWW.WECARETEXAS.COM SITE OR THE SERVICE, OR THE
INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF
THE WWW.WECARETEXAS.COM SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO
APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR
PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE
WWW.WECARETEXAS.COM SITE OR THE SERVICE OR ANY LINKS ON THE
WWW.WECARETEXAS.COM SITE, AS WELL AS BY REASON OF ANY INFORMATION OR
ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE
WWW.WECARETEXAS.COM SITE OR THE SERVICE OR ANY LINKS ON THE
WWW.WECARETEXAS.COM SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST
EXTENT PERMITTED BY LAW. In some jurisdiction, limitations of liability
are not permitted. In such jurisdictions, some of the foregoing
limitation may not apply to you.
14. Indemnity
You agree to indemnify and hold www.WeCareTexas.com, its officers,
subsidiaries, affiliates, successors, assigns, directors, officers,
agents, service providers, suppliers and employees, harmless from any
claim or demand, including reasonable attorney fees and court costs,
made by any third party due to or arising out of Content you submit,
post or make available through the Service, your use of the Service,
your violation of the Terms, your breach of any of the representations
and warranties herein, or your violation of any rights of another.
15. General information
The Terms constitute the entire agreement between you and
www.WeCareTexas.com and govern your use of the Service, supercedes any
prior agreements between you and www.WeCareTexas.com. The Terms and the
relationship between you and www.WeCareTexas.com shall be governed by
the laws of the State of Texas without regard to its conflict of law
provisions. You and www.WeCareTexas.com agree to submit to the personal
and exclusive jurisdiction of the courts located within the county of
Dallas, Texas. The failure of www.WeCareTexas.com to exercise or enforce
any right or provision of the Terms shall not constitute a waiver of
such right or provision. If any provision of the Terms is found by a
court of competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other provisions of
the Terms remain in full force and effect. You agree that regardless of
any statute or law to the contrary, any claim or cause of action arising
out of or related to use of the Service or the Terms must be filed
within one (1) year after such claim or cause of action arose or be
forever barred.
16. Violations of Terms and Liquidated Damages
Please report any violations of the Terms, by flagging the posting(s)
for review, or by emailing to webmaster@www.WeCareTexas.com. Our
failure to act with respect to a breach by you or others does not waive
our right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to
quantify, if it becomes necessary for www.WeCareTexas.com to pursue
legal action to enforce these Terms, you will be liable to pay
www.WeCareTexas.com the following amounts as liquidated damages, which
you accept as reasonable estimates of www.WeCareTexas.coms' damages for
the specified breaches of these Terms:
a. If you post a message that (1) impersonates any person or entity;
(2) falsely states or otherwise misrepresents your affiliation with a
person or entity; or (3) that includes personal or identifying
information about another person without that person's explicit consent,
you agree to pay www.WeCareTexas.com one thousand dollars ($1,000) for
each such message. This provision does not apply to messages that are
lawful non-deceptive parodies of public figures.
b. If www.WeCareTexas.com establishes limits on the frequency with
which you may access the Service, or terminates your access to or use of
the Service, you agree to pay www.WeCareTexas.com one hundred dollars
($100) for each message posted in excess of such limits or for each day
on which you access www.WeCareTexas.com in excess of such limits,
whichever is higher.
c. If you send unsolicited email advertisements to
www.WeCareTexas.com email addresses or through www.WeCareTexas.com
computer systems, you agree to pay www.WeCareTexas.com twenty five
dollars ($25) for each such email.
d. If you post messages in violation of these Terms of Use, other
than as described above, you agree to pay www.WeCareTexas.com one
hundred dollars ($100) for each such message. In its sole discretion,
www.WeCareTexas.com may elect to issue a warning before assessing
damages.
e. If you aggregate, display, copy, duplicate, reproduce, or
otherwise exploit for any purpose any Content (except for your own
Content) in violation of these Terms without www.WeCareTexas.com's
express written permission, you agree to pay www.WeCareTexas.com three
thousand dollars ($3,000) for each day on which you engage in such
conduct.
Otherwise, you agree to pay www.WeCareTexas.com's actual damages, to
the extent such actual damages can be reasonably calculated.
Notwithstanding any other provision of these Terms, www.WeCareTexas.com
retains the right to seek the remedy of specific performance of any term
contained in these Terms, or a preliminary or permanent injunction
against the breach of any such term or in aid of the exercise of any
power granted in these Terms, or any combination thereof.
