Terms of Use

I. Acceptance of the Terms of Use.

The following terms and conditions (collectively, these “Terms of Use”) govern your access to and use of (i) our website (www.austinkidscan.org) or any other websites operated by us that link to or otherwise reference that they are subject to these Terms of Use (collectively, the “Site”), and (ii) any features, functionality, information or services (including but not limited to, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) made available by or on behalf of Austin Kids Can! (“AKC”, and sometimes referred to herein as “we” “us” or “our”) through the Site (collectively, the “Content”).  By using the Site or accessing the Content, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, which is incorporated herein by reference.  If you do not accept these Terms of Use (and therefore do not agree to be legally bound by these Terms of Use), do not use this Site. We reserve the right to amend these Terms of Use at any time by posting amended terms on our Site.

II. Restrictions on Use of Materials.

The Content is owned by AKC, its licensors or other providers of such Content, and is protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. To the extent that you provide us with any suggestions, feedback or other information relating to the Site, the Content or our organization, such information is provided to us on a non-confidential and unrestricted basis, and you hereby grant to us a non-exclusive, worldwide, perpetual, royalty-free, fully transferable and sublicenseable (through multiple tiers) right and license to reproduce, display, distribute, use and fully exploit such suggestions, feedback and information.

These Terms of Use permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the Content or material available on the Site, except as follows: (a) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (b) you may store files that are automatically cached by your Web browser for display enhancement purposes; (c) you may print a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication or distribution; and (d) if we provide social media features with certain Content, you may take such actions as are enabled by such features.

You must not: (x) modify copies of any materials obtained from the Site or (y) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials available through the Site. You must not access or use for any commercial purposes any part of the Site, the Content or materials made available via the Site or the Content.

No right, title or interest in or to Site or any Content is transferred to you, and all rights not expressly granted are reserved by AKC. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

For permission to use content from this Site or from a newsletter authored and distributed by the AKC, request written permission and provide full attribution. Permission should be requested by contacting Donna Raskin at (512) 585-7728.

III. Disclaimer of Warranties.

THE CONTENT PROVIDED ON THIS SITE IS PROVIDED AS A SERVICE TO MEMBERS OF THE PUBLIC. INFORMATION PRESENTED ON THIS SITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY.  NO INFORMATION PRESENTED ON THE SITE CONSTITUTES LEGAL ADVICE, NOR DOES IT CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN AKC AND ANY OTHER PARTY.

AKC WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR THE CONTENT OR ITEMS OBTAINED THROUGH THE SITE OR YOUR DOWNLOADING OF ANY CONTENT POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOU ACKNOWLEDGE AND AGREE THAT THE SITE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. ANYTHING TO THE CONTRARY NOTWITHSTANDING, WE (INCLUDING, FOR PURPOSES OF THIS SECTION, OUR MEMBERS, AFFILIATES, AND LICENSORS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS) DO NOT MAKE ANY, AND HEREBY EXPRESSLY DISCLAIM ALL, WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE SITE, THE CONTENT AND ANY OTHER PRODUCTS, SERVICES, OFFERINGS, INFORMATION OR ITEMS MADE AVAILABLE BY OR THROUGH THE USE OF THE SITE (COLLECTIVELY, THE “OFFERINGS”), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY OTHER WARRANTIES THAT MAY ARISE FROM USAGE OF TRADE OR COURSE OF DEALING.  WITHOUT LIMITING THE FOREGOING, WE DO NOT MAKE ANY, AND HEREBY EXPRESSLY DISCLAIM ALL, REPRESENTATIONS, WARRANTIES AND/OR GUARANTEES REGARDING (I) THE OFFERINGS (INCLUDING THE USE OF OR THE RESULTS OF THE OFFERINGS) IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, AVAILABILITY, SECURITY, COMPLIANCE WITH APPLICABLE LAWS OR OTHERWISE, OR (II) WHETHER THE OPERATION OF THE OFFERINGS WILL BE UNINTERRUPTED OR ERROR FREE.  YOUR USE OF THE OFFERINGS IS DONE SO AT YOUR OWN RISK.  THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. ANYTHING TO THE CONTRARY NOTWITHSTANDING, YOU ACKNOWLEDGE AND AGREE THAT WE HAVE THE RIGHT TO MODIFY, SUSPEND, OR DISCONTINUE THE SITE OR THE CONTENT ANY TIME WITHOUT NOTICE OR LIABILITY TO YOU.

IV. Limitation of Liability.

IN NO EVENT WILL AKC (INCLUDING, FOR PURPOSES OF THIS SECTION, OUR MEMBERS, AFFILIATES, AND LICENSORS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE, OR FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING LOSS OF REVENUE OR PROFIT, LOSS OF DATA, OR LOSS OF TIME OR BUSINESS) ARISING OUT OF OR RELATING TO THESE TERMS OF USE AND/OR THE SITE, WHETHER LIABILITY IS ASSERTED IN CONTRACT OR IN TORT (INCLUDING STRICT LIABILITY OR NEGLIGENCE) OR OTHERWISE, AND REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ACTION, SUIT OR PROCEEDING AGAINST AKC MAY BE BROUGHT MORE THAN ONE YEAR FOLLOWING THE DATE UPON WHICH THE CLAIM FIRST AROSE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

V. Links to Other Sites.

The Site may periodically contain links to other websites, resources and information provided by third parties (collectively, “Third Party Sites”).  Links to these Third Party Sites are provided solely as a convenience to you, and the Third Party Sites are not a part of the Site. We do not operate, own or control the Third Party Sites and accept no responsibility for them or for any loss or damage that may arise from your use of them.  You acknowledge and agree that your access to and use of the Third Party Sites is subject solely to the applicable terms and conditions of use (including, without limitation, privacy policies), if any, of the Third Party Sites. These Terms of Use (including our Privacy Policy) do not apply to any access to or use of any Third Party Sites by you.  If you decide to access or use any Third Party Sites, you do so entirely at your own risk.

YOU FURTHER ACKNOWLEDGE AND AGREE THAT: (A) WE ARE NOT RESPONSIBLE FOR (I) ANY THIRD PARTY SITES (INCLUDING ANY INFORMATION PRESENTED, OR TRANSACTIONS CONDUCTED, ON OR THROUGH SUCH SITES), (II) YOUR ACCESS TO OR USE OF ANY THIRD PARTY SITES (INCLUDING ANY TRANSACTIONS YOU CONDUCT ON, THROUGH, OR AS A RESULT OF THEREOF), (III) ANY PRODUCTS, SERVICES OR OTHER OFFERINGS OFFERED OR PROVIDED BY SUCH THIRD PARTY SITE, OR (IV) ANY LOSS OR DAMAGE THAT MAY ARISE FROM ANY OF THE FOREGOING; (B) WE DO NOT MAKE, AND HEREBY EXPRESSLY DISCLAIM, ANY AND ALL REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO (I) ANY THIRD PARTY SITES (INCLUDING ANY INFORMATION PRESENTED, OR TRANSACTIONS CONDUCTED, ON OR THROUGH SUCH SITES), (II) YOUR ACCESS TO OR USE OF ANY THIRD PARTY SITES (INCLUDING ANY TRANSACTIONS YOU CONDUCT ON, THROUGH, OR AS A RESULT OF THEREOF), OR (III) ANY PRODUCTS, SERVICES OR OTHER OFFERINGS OFFERED OR PROVIDED BY SUCH THIRD PARTY SITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES OF TITLE OR NON-INFRINGEMENT; AND (C) YOUR USE OF ANY THIRD PARTY SITE IS AT YOUR OWN RISK.

VI. Use of Personally Identifiable Information.

Our practices and policies with respect to the collection and use of personally identifiable information is governed according to the AKC Privacy Policy.

VII. Termination

AKC reserves the right, in its sole discretion, to restrict, suspend, or terminate these Terms of Use and your access to all or any part of our Site or the Content, at any time and for any reason without prior notice or liability. AKC reserves the right to change, suspend, or discontinue all or any part of this Site or the Content at any time without prior notice or liability.

VIII. Governing Law.

ALL MATTERS RELATING TO THE SITE, THE CONTENT AND THESE TERMS OF USE AND ANY DISPUTE OR CLAIM ARISING THEREFROM OR RELATED THERETO (IN EACH CASE, INCLUDING NON-CONTRACTUAL DISPUTES OR CLAIMS) WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF TEXAS, WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW PROVISION OR RULE (WHETHER OF THE STATE OF TEXAS OR OTHERWISE). ANY LEGAL SUIT, ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES SHALL BE INSTITUTED EXCLUSIVELY IN THE FEDERAL COURTS OF THE UNITED STATES OR THE COURTS OF THE STATE OF TEXAS IN EACH CASE LOCATED IN AUSTIN, TEXAS. YOU WAIVE ANY AND ALL OBJECTIONS TO THE EXERCISE OF JURISDICTION OVER YOU BY SUCH COURTS AND TO VENUE IN SUCH COURTS. 

IX. Waiver and Severability.

No waiver by AKC of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of AKC to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

X. Entire Agreement.

These Terms of Use, including our Privacy Policy, constitute the sole and entire agreement between you and AKC with respect to the Site and the Content and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site or the Content.

XI. Contact Us.

If you have any feedback, comments or questions regarding our Site, you may contact us at info@austinkidscan.org.