1. User's
Acknowledgment and Acceptance of Terms
FortBendCalendar.com (referred to as “us” or “we”) provides
the FortBendCalendar.com site and various related services
(together referred to as this "site") 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 your company.
In addition, when using particular services or materials on
this site, users shall be subject to any posted guidelines
or rules applicable to such services or materials that may
contain terms and conditions in addition to those in these
Terms of Use. All such guidelines or rules are hereby
incorporated by reference into these Terms of Use.
BY COMPLETING THE REGISTRATION PROCESS AND/OR USING THIS
SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO
NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT
THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS
SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER
INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP
USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES.
YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS
OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF
YOUR USE OF THIS SITE.
These Terms of Use are effective as of January 1, 2004. We
reserve the right to change these Terms of Use from time to
time without notice to you. You acknowledge and agree that
it is your responsibility to review this site and these
Terms of Use periodically and to be aware of any
modifications. Your continued use of this site after such
modifications will constitute your acknowledgement of the
modified Terms of Use and agreement to abide and be bound by
the modified Terms of Use.
As used in these Terms of Use, references to our
"Affiliates" include our owners, subsidiaries, affiliated
companies, officers, directors, suppliers, partners,
sponsors, and advertisers, and includes (without limitation)
all parties involved in creating, producing, and/or
delivering this site and/or its contents.
2. Description of Services
We make various services available on this site including,
but not limited to Membership, Event Listing and
Advertising. Fees for the various services are set out in
the membership and service fees described elsewhere in this
site. You are solely responsible for providing, at your own
expense, all equipment necessary to use the services,
including a computer and modem; and your own Internet access
(including payment of telephone service fees associated with
such access).
We reserve the sole right to either modify or discontinue
the site, including any features therein, at any time with
or without notice to you. We shall not be liable to you or
any third party should we exercise such right. Modifications
may include, but are not limited to, changes in the
Membership qualifications, pricing structure, the addition
of fee-based services, or changes to limitations on
allowable file sizes. Any new features that augment or
enhance the then-current services on this site shall also be
subject to these Terms of Use.
You understand and agree that temporary interruptions of the
services available through this site may occur as normal
events. You further understand and agree that we have has no
control over third party networks you may access in the
course of the use of this site, and therefore, delays and
disruption of other network transmissions are completely
beyond our control.
You understand and agree that the services available on this
site are provided "AS IS" and that we assume no
responsibility for the timeliness, deletion, mis-delivery or
failure to store any user communications or personalization
settings.
3. Registration Data and Privacy
In order to access some of the services on this site, you
will require a separate account and password that can be
obtained by completing our online registration form, which
requests certain information and data ("Registration Data")
and maintaining and updating your Registration Data as
required. By registering, you agree that all information
provided in the Registration Data is true and accurate and
that you will maintain and update this information as
required in order to keep it current, complete and accurate.
If we have reason to believe at any time that the
Registration Data you have provided is not accurate or
incomplete, we may suspend or terminate your ability to use
any or all of the Services.
We reserve the right to refuse membership or service to
anyone at the sole discretion of our company officials.
You also grant us the right to disclose to third parties
certain Registration Data about you. The information we
obtain through your use of this site, including your
Registration Data, is subject to our Privacy Policy, which
is specifically incorporated by reference into these Terms
of Use.
4. Payment of Fees
If you subscribe to a service on this site that requires
payment of a fee, you agree to pay all fees associated with
such service. For all charges for services on this site, we
will either mail or email an invoice to you or bill your
credit card. Recurring charges are billed in advance of
service. You agree to provide us with accurate and complete
billing information, including valid credit card
information, your name, address and telephone number, and to
provide us with any changes in such information within ten
(10) days of the change. Some features of our site will not
be activated until payment has been received.
If, for any reason, your credit card company refuses to pay
the amount billed for the service, you agreement that we
may, at our option, suspend or terminate your subscription
to the service and require you to pay the overdue amount by
other means acceptable to us. We may charge a fee for
reinstatement of suspended or terminated accounts.
You agree that until your subscription to the service is
terminated, you will continue to accrue charges for which
you remain responsible, even if you do not use the service.
In the event legal action is necessary to collect on
balances due, you agree to reimburse us for all expenses
incurred to recover sums due, including but not limited to attorney fees and
court costs.
5. Conduct on Site
Your use of the site is subject to all applicable laws and
regulations, including Netiquette, and you are solely
responsible for the contents of your communications through
the site. By posting information in or otherwise using any
communications service, chat room, message board, newsgroup,
software library, or other interactive service that may be
available to you on or through this site, you agree that you
will not upload, share, post, or otherwise distribute or
facilitate distribution of any content -- including text,
communications, software, images, sounds, data, or other
information -- that:
1. Is
unlawful, threatening, abusive, harassing, defamatory,
libelous, deceptive, fraudulent, invasive of another's
privacy, tortuous, contains explicit or graphic descriptions
or accounts of sexual acts (including but not limited to
sexual language of a violent or threatening nature directed
at another individual or group of individuals), or otherwise
violates our rules or policies;
2. Victimizes, harasses, degrades, or intimidates an
individual or group of individuals on the basis of religion,
gender, sexual orientation, race, ethnicity, age, or
disability;
3. Infringes on any patent, trademark, trade secret,
copyright, right of publicity, or other proprietary right of
any party;
4. Constitutes unauthorized or unsolicited advertising, junk
or bulk email (also known as "spamming"), chain letters, any
other form of unauthorized solicitation, or any form of
lottery or gambling;
5. Contains software viruses or any other computer code,
files, or programs that are designed or intended to disrupt,
damage, or limit the functioning of any software, hardware,
or telecommunications equipment or to damage or obtain
unauthorized access to any data or other information of any
third party; or
6. Impersonates any person or entity, including any of our
employees or representatives.
We neither endorse nor assume any liability for the contents
of any material uploaded or submitted by third party users
of the site. We generally do not pre-screen, monitor, or
edit the content posted by users of communications services,
chat rooms, message boards, newsgroups, software libraries,
or other interactive services that may be available on or
through this site. However, our agents and we have the right
at their sole discretion to disallow or remove any content
that, in our judgment, does not comply with these Terms of
Use and any other rules of user conduct for our site, or is
otherwise harmful, objectionable, or inaccurate. We are not
responsible for any failure or delay in removing such
content. You hereby consent to such removal and waive any
claim against us arising out of such removal of content. See
"Use of Your Materials" below for a description of the
procedures to be followed in the event that any party
believes that content posted on this site infringes on any
patent, trademark, trade secret, copyright, right of
publicity, or other proprietary right of any party.
In addition, you may not use your account to breach security
of another account or attempt to gain unauthorized access to
another network or server. Not all areas of the site may be
available to you or other authorized users of the site. You
shall not interfere with anyone else's use and enjoyment of
the site or other similar services. Users who violate
systems or network security may incur criminal or civil
liability.
You agree that we may at any time, and at our sole
discretion, terminate your membership without prior notice
to you for violating any of the above provisions. In
addition, you acknowledge that we will cooperate fully with
investigations of violations of systems or network security
at other sites, including cooperating with law enforcement
authorities in investigating suspected criminal violations.
6. Third Party Sites and Information
This site may link you to other sites on the Internet or
otherwise include references to information, documents,
software, materials and/or services provided by other
parties. These sites may contain information or material
that some people may find inappropriate or offensive. These
other sites and parties are not under our control, and you
acknowledge that we are not responsible for the accuracy,
copyright compliance, legality, decency, or any other aspect
of the content of such sites, nor are we responsible for
errors or omissions in any references to other parties or
their products and services. The inclusion of such a link or
reference is provided merely as a convenience and does not
imply endorsement of, or association with, the site or party
by us, or any warranty of any kind, either express or
implied.
7. Intellectual Property Information
Copyright © 2004 by FortBendCalendar.com. All Rights
Reserved.
For purposes of these Terms of Use, "content" is defined as
any information, communications, software, photos, video,
graphics, music, sounds, and other material and services
that can be viewed by users on our site. This includes, but
is in no way limited to, message boards, chat, and other
original content.
By accepting these Terms of Use, you acknowledge and agree
that all content presented to you on this site is protected
by copyrights, trademarks, service marks, patents or other
proprietary rights and laws, and is the sole property of FortBendCalendar.com
and/or its Affiliates. You are only
permitted to use the content as expressly authorized by the
specific content provider or us. Except for a single copy
made for personal use only, you may not copy, reproduce,
modify, republish, upload, post, transmit, or distribute any
documents or information from this site in any form or by
any means without prior written permission from us or the
specific content provider, and you are solely responsible
for obtaining permission before reusing any copyrighted
material that is available on this site. Any unauthorized
use of the materials appearing on this site may violate
copyright, trademark and other applicable laws and could
result in criminal or civil penalties.
Neither our Affiliates nor we warrant or represent that your
use of materials displayed on, or obtained through, this
site will not infringe the rights of third parties. See "Use
of Your Materials" below for a description of the procedures
to be followed in the event that any party believes that
content posted on this site infringes on any patent,
trademark, trade secret, copyright, right of publicity, or
other proprietary right of any party.
The following are registered (or pending registration)
trademarks, trademarks or service marks of FortBendCalendar.com
or its Affiliates:
YourLocalCalendar.com. All custom graphics, icons, logos and
service names are registered trademarks, trademarks or
service marks of FortBendCalendar.com or its Affiliates. All
other trademarks or service marks are property of their
respective owners. Nothing in these Terms of Use grants you
any right to use any trademark, service mark, logo, and/or
the name of FortBendCalendar.com or its Affiliates.
8. User's Materials
Subject to our Privacy Policy, any communication or material
that you transmit to this site or to us, whether by
electronic mail or other means, for any reason, will be
treated as non-confidential and non-proprietary. While you
retain all rights in such communications or material, you
grant us and our designated licensees a non-exclusive,
paid-up, perpetual, and worldwide right to copy, distribute,
display, perform, publish, translate, adapt, modify, and
otherwise use such material for any purpose regardless of
the form or medium (now known or not currently known) in
which it is used.
Please do not submit confidential or proprietary information
to us unless we have mutually agreed in writing otherwise.
We are also unable to accept your unsolicited ideas or
proposals, so please do not submit them to us in any
circumstance.
We respect the intellectual property of others, and we ask
you to do the same. If you or any user of this site believes
its copyright, trademark or other property rights have been
infringed by a posting on this site, you or the user should
send notification to our Designated Agent (as identified
below) immediately. To be effective, the notification must
include:
1. A physical or electronic signature of a person authorized
to act on behalf of the owner of an exclusive right that is
allegedly infringed;
2. Identification of the copyrighted work claimed to have
been infringed;
3. Information reasonably sufficient to permit us to contact
the complaining party, such as address, telephone number
and, if available, an electronic mail address at which the
complaining party may be contacted;
4. Identification of the material that is claimed to be
infringing or to be subject to infringing activity and that
is to be removed and information reasonably sufficient to
permit us to locate the materials;
5. A statement that the complaining party has a good faith
belief that use of the material in the manner complained of
is not authorized by the copyright owner, agent, or the law;
and
6. A statement that the information in the notification is
accurate and, under penalty of perjury, that the complaining
party is authorized to act on behalf of the owner of an
exclusive right that is allegedly infringing.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C.
Sec. 512(c), our Designated Agent for Notice of claims of
copyright infringement can be reached as indicated below.
Service of repeat infringers of copyright or of users about
who repeat claims of copyright infringement are received
will be terminated.
Designated Agent for Claimed Infringement: DonDulin.com
___________________________________
Your acknowledge and agree that upon receipt of a notice of
a claim of copyright infringement, we may immediately remove
the identified materials from our site without liability to
you or any other party and that the claims of the
complaining party and the party that originally posted the
materials will be referred to the United States Copyright
Office for adjudication as provided in the Digital
Millennium Copyright Act.
9. 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 OR FITNESS FOR
A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.
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.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES,
INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO
THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE
PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT
ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS
SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE
SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER
ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT
YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH
ACTIVITIES.
Through your use of the site, you may have the opportunities
to engage in commercial transactions with other users and
vendors. You acknowledge that all transactions relating to
any merchandise or services offered by any party, including,
but not limited to the purchase terms, payment terms,
warranties, guarantees, maintenance and delivery terms
relating to such transactions, are agreed to solely between
the seller or purchaser of such merchandize and services and
you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED
THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND
AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT
YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION
WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION
AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS
PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY
OTHER OF OUR AFFILIATES.
Before purchasing products and services on or through this
site, review our Sales Terms and Conditions, which are
incorporated by reference into these Terms of Use.
Content available through this site often represents the
opinions and judgments of an information provider, site
user, or other person or entity not connected with
FortBendCalendar.com. We do not endorse, nor are we
responsible for the accuracy or reliability of, any opinion,
advice, or statement made by anyone other than an authorized
FortBendCalendar.com spokesperson speaking in his/her
official capacity. Please refer to the specific editorial
policies posted on various sections of this site for further
information, which policies are incorporated by reference
into these Terms of Use.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT
APPLY TO YOU.
10. Limitation of Liability
Your exclusive remedy and our entire liability, if any, for
any claims arising out of these Terms of Use and your use of
this site shall be limited to the amount you paid us for the
services on the site during the one (1) month period before
the act giving rise to the liability.
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR
ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL,
INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY
DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE
RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT
WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND
ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION
WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR
LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY
GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR
ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH
THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF
ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE
ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11. Indemnification
Upon a request by us, you agree to defend, indemnify, and
hold us and our Affiliates harmless from all liabilities,
claims, and expenses, including attorney's fees, that arise
from your use or misuse of this site. We reserve the right,
at our own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification
by you, in which event you will cooperate with us in
asserting any available defenses.
12. Participation in Promotions
From time to time, this site may include advertisements
offered by third parties. You may enter into correspondence
with or participate in promotions of the advertisers showing
their products on this site. Any such correspondence or
promotions, including the delivery of and the payment for
goods and services, and any other terms, conditions,
warranties or representations associated with such
correspondence or promotions, are solely between you and the
advertiser. We assume no liability, obligation or
responsibility for any part of any such correspondence or
promotion.
13. Email Services
We may make email services available to users of our site,
either directly or through a third-party provider.
We will not inspect or disclose the contents of private
email messages except with the consent of the sender or the
recipient, or in the narrowly-defined situations provided
under the Electronic Communications Privacy Act, or as other
required by law or by court or governmental order. Further
information is available in our Privacy Policy.
We may employ automated monitoring devices or techniques to
protect our users from mass unsolicited mailings (also known
as "spam") and/or other types of electronic communications
that we deem inconsistent with our business purposes.
However, such devices or techniques are not perfect, and we
will not be responsible for any legitimate communication
that is blocked, or for any unsolicited communication that
is not blocked.
Mailboxes may have a limited storage capacity. If you exceed
the maximum permitted storage space, we may employ automated
devices that delete or block email messages that exceed the
limit. We will not be responsible for such deleted or
blocked messages.
14. Use of Site and Storage of Material
You acknowledge that we may establish general practices and
limits concerning use of the services available on our site,
including without limitation the maximum number of days that
uploaded content will be retained on the site, the maximum
disk space that will be allotted or our servers on your
behalf, and the maximum number of times (and the maximum
duration for which) you may access the services in a given
period of time. You agree that we have no responsibility or
liability for the deletion or failure to store any content
maintained or transmitted on or through this site. You
acknowledge that we reserve the right to log off accounts
which have not paid a subscription fee that are inactive for
an extended period of time. You further acknowledge that we
reserve the right to change these general practices and
limits at any time, in our sole discretion, with or without
notice.
We provide storage space and access for material through our
site. For purposes of these Terms of Use, "material" refers
to all forms of communication that we may allow, including
narrative descriptions, graphics (including photographs,
illustrations, images, drawings, logos), executable
programs, video recordings, and audio recordings. You may
not use this site to publish material that we determine, at
our sole discretion, to be unlawful, indecent, or
objectionable, or which violates the restrictions described
in "Your Conduct on the Site" above. We will not routinely
monitor the contents of your online portfolio. You are
solely responsible for any information contained in your
online portfolios. However, if complaints are received
regarding language, content, or graphics contained in your
online portfolio, we may, at our sole discretion, remove the
images hosted on our servers and terminate your Web hosting
service. We may also suspend the account, restrict access to
it, or remove content from it if necessary or appropriate.
The accounts of our users operate on shared resources.
Excessive use or abuse of these shared network resources by
one user may have a negative impact on all other users.
Misuse of network resources in a manner that impairs network
performance, including excessive consumption of CPU time,
memory, disk space, and session time, is prohibited and may
result in termination of your account or limitation of your
activities.
This site is not designed or intended to be used as a
disaster recovery facility or as an emergency data storage
facility. Although we take reasonable precautions to
preserve and protect the material you upload to the site,
you should not rely on the site as your only storage
facility. You should preserve backup copies of any digital
data, information or other materials that you have uploaded.
You agree not to hold us for any damage to, any deletion of
or any failure to store your files, data or Registration
Data.
15. Security and Password
You are solely responsible for maintaining the
confidentiality of your password and account and for any and
all statements made and acts or omissions that occur through
the use of your password and account, including any mail
sent and any charges incurred. Therefore, you must take
steps to ensure that others do not gain access to your
password and account. Our personnel will never ask you for
your password. You may not transfer or share your account
with anyone, and we reserve the right to immediately
terminate your account in the event of any unauthorized
transfer or sharing thereof.
16. Export Controls
Software available on or through this site is subject to
United States Export Controls. No software from this site
may be downloaded or exported (a) into (or to a resident of)
Cuba, Libya, North Korea, Iran, Syria, or any other country
which the United States has embargoed goods; or (b) anyone
on the United States Treasury Department's list of Specially
Designated Nationals or the United States Commerce
Department's Table of Deny Orders. By downloading or using
the software, you represent and warrant that you are not
located in, under the control of, or a national or resident
of any such country or on any such list.
17. International Use
Although this site may be accessible worldwide, we make no
representation that materials on this site are appropriate
or available for use in locations outside the United States,
and accessing them from territories where their contents are
illegal is prohibited. Those who choose to access this site
from other locations do so on their own initiative and are
responsible for compliance with local laws. Any offer for
any product, service, and/or information made in connection
with this site is void where prohibited.
18. Termination of Use
You agree that we may, in our sole discretion, terminate or
suspend your access to all or part of the site with or
without notice and for any reason, including, without
limitation, breach of these Terms of Use. Any suspected
fraudulent, abusive or illegal activity may be grounds for
terminating your relationship and may be referred to
appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons
therefore, your right to use the services available on this
site immediately ceases, and you acknowledge and agree that
we may immediately deactivate or delete your account and all
related information and files in your account and/or bar any
further access to such files or this site. We shall not be
liable to you or any third party for any claims or damages
arising out of any termination or suspension or any other
actions taken by us in connection therewith. Sections 1, 3,
4, 5-11, 14, and 18-20 of these Terms of Use, as well as your
liability for any unpaid fees, shall survive any
termination.
19. Governing Law
This site (excluding any linked sites) is controlled by us
from our offices within Fort Bend County Texas, United States of
America. It can be accessed from all 50 states, as well as
from other countries around the world. As each of these
places has laws that may differ from those of Texas, by
accessing this site both of us agree that the statutes and
laws of the State of Texas, without regard to the conflicts
of laws principles thereof and the United Nations Convention
on the International Sales of Goods, will apply to all
matters relating to the use of this site and the purchase of
products and services available through this site. Each of
us agrees and hereby submits to the exclusive personal
jurisdiction and venue of Fort Bend County and the United
States District Court for the Southern District of Texas
with respect to such matters.
20. Notices
All notices to a party shall be in writing and shall be made
either via email or conventional mail. Notices to us must be
sent to the attention of Customer Service at customerservice@fortbendcalendar.com
if by email, or at PO Box 1840, Richmond, Texas 77406, if by
conventional mail. Notices to you may be sent either to the
email address supplied for your account or to the address
supplied by you as part of your Registration Data. In
addition, we may broadcast notices or messages through the
site to inform you of changes to the site or other matters
of importance, and such broadcasts shall constitute notice
to you.
Any notices or communication under these Terms of Use will
be deemed delivered to the party receiving such
communication (1) on the delivery date if delivered
personally to the party; (2) two business days after deposit
with a commercial overnight carrier, with written
verification of receipt; (3) five business days after the
mailing date, if sent by US mail, return receipt requested;
(4) on the delivery date if transmitted by confirmed
facsimile; or (5) on the delivery date if transmitted by
confirmed email.
21. Entire Agreement
These terms and conditions constitute the entire agreement
and understanding between us concerning the subject matter
hereof and supersedes all prior agreements and
understandings of the parties with respect thereto. These
Terms of Use may NOT be altered, supplemented, or amended by
the use of any other document(s). Any attempt to alter,
supplement or amend this document or to enter an order for
products or services which are subject to additional or
altered terms and conditions shall be null and void, unless
otherwise agreed to in a written agreement signed by you and
us. To the extent that anything in or associated with this
site is in conflict or inconsistent with these Terms of Use,
these Terms of Use shall take precedence.
22. Miscellaneous
In any action to enforce these Terms of Use, the prevailing
party will be entitled to costs and attorneys' fees. Any
cause of action brought by you against us or our Affiliates
must be instituted with one year after the cause of action
arises or be deemed forever waived and barred.
You may not assign your rights and obligations under these
Terms of Use to any thing party, and any purported attempt
to do so shall be null and void. We may free assign our
rights and obligations under these Terms of Use.
You agree not to sell, resell, reproduce, duplicate, copy or
use for any commercial purposes any portion of this site, or
use of or access to this site.
In addition to any excuse provided by applicable law, we
shall be excused from liability for non-delivery or delay in
delivery of products and services available through our site
arising from any event beyond our reasonable control,
whether or not foreseeable by either party, including but
not limited to, labor disturbance, war, fire, accident,
adverse weather, inability to secure transportation,
governmental act or regulation, and other causes or events
beyond our reasonable control, whether or not similar to
those which are enumerated above.
If any part of these Terms of Use is held invalid or
unenforceable, that portion shall be construed in a manner
consistent with applicable law to reflect, as nearly as
possible, the original intentions of the parties, and the
remaining portions shall remain in full force and effect.
Any failure by us to enforce or exercise any provision of
these Terms of Use or related rights shall not constitute a
waiver of that right or provision.
23. Contact Information
Except as explicitly noted on this site, the services
available through this site are offered by DonDulin.com, LP,
located at PO Box 1840, Richmond, Texas 77406. Our telephone
number is (281) 238-4719. If you are a Texas resident, you
may have this same information emailed to you by sending a
letter to the foregoing address with your email address and
a request for this information. The Complaint Assistance
Unit of the Division of Consumer Services of the Department
of Consumer Affairs may be contacted in writing at Office of
the Attorney General, Consumer Protection Division, PO Box
12548 Austin, TX 78711-2548 or online at
http://www.oag.state.tx.us/consumer/complain.shtml. If
you notice that any user is violating these Terms of Use,
please contact us at
abuse@fortbendcalendar.com.
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