The Site is offered to users eighteen (18) years of age or older who reside in the United States of America, its territories and possessions (collectively, the “United States of America”), and who are not using the Site or any information or content found thereon in competition with HAAM or its affiliates. By accessing or using the Site and, if applicable, its feature(s), you represent and warrant to HAAM that you meet all of these eligibility requirements.
If you reside outside the United States of America, then you may see information or content on the Site that is not intended for you and/or that is not available or authorized in your country. Do not construe any such information or content as a promotion or solicitation for any donation, product, or service to be made, acquired or used outside the United States of America.
3. PROPRIETARY RIGHTS.
3.2. TRADEMARKS. The trademarks (including, without limitation, the word marks, design marks, service marks, trade names, and logos) found on the Site are owned or licensed by HAAM, or are permissibly used by HAAM, and in no event shall you have or retain any rights, titles or interests in or to those trademarks. You are prohibited from making any use of those trademarks (including, without limitation, use as meta tags on other websites, and use in any manner likely to cause confusion, disparagement or dilution of those trademarks).
4. SITE ACCESS AND USE.
4.3. ACCESS AND INTERFERENCE. The following practices are strictly prohibited: (a) the systematic retrieval of any information or content found on the Site to directly or indirectly create or compile, in whole or in part, a collection, compilation, database, or directory; (b) the use of a software, code program, process, device, application or routine (including, without limitation and by way of example only, robots, scrapers, spiders, viruses, spyware, and malware) used to monitor, copy, disrupt, interfere with, or impermissibly access, in whole or in part, the Site or any information or content found thereon; (c) “screen scraping,” “database scraping,” or any other practice or activity that serves to obtain data or other information about the Site, the Site’s users, HAAM, or HAAM’s affiliates; (d) framing or the use of framing techniques to enclose any information, content, copyrightable material, patentable material, trademark, trade dress or other properties of HAAM; (e) the use of meta tags or any other “hidden text” utilizing HAAM’s trademarks; (f) the use of any software, program, process, device, application or routine (including, without limitation and by way of example only, robots, scrapers, spiders, viruses, spyware, and malware) to bypass or circumvent any security measure which HAAM may utilize in connection with the Site or any information or content found thereon, or to impermissibly monitor, copy, disrupt, interfere with or access the Site or any information or content found thereon; and (g) any act that will overload, unreasonably disrupt, or unreasonably interfere with the infrastructure of the Site or the Site’s feature(s) or server(s).
5. MOBILE APPLICATIONS.
6. TERM; TERMINATION; SURVIVAL.
7. SITE DISCONTINUATION.
HAAM shall have the right in its sole discretion to discontinue the Site and any portions thereof as HAAM deems advisable and without notice to you. HAAM SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY(S) FOR ANY LOSS OR DAMAGE THAT IS CAUSED BY OR ARISES FROM OR IN CONNECTION WITH ANY SUCH DISCONTINUATION (INCLUDING, WITHOUT LIMITATION AND BY WAY OF EXAMPLE ONLY, MONETARY DAMAGES, DISRUPTION IN SERVICE, AND LOSS OF CONTENT).
8. LINKS TO OTHER SITES.
The Site may contain links to third party websites, including advertisers (each a “Linked Site”, and collectively the “Linked Sites”). The Linked Sites are not under the control of HAAM. The Site contains these links only as a convenience to you. HAAM is not responsible for any information, content, goods, services, promotions, advertisements, programs, codes or other items which may be found on or excluded from the Linked Sites (including, without limitation and by way of example only, malicious software, spyware programs, inaccurate information, and illegal content).
9. DONATIONS AND PAYMENTS; REFUNDS.
Please direct all requests for the refund of financial donations or payments made through the Site to any one of the following:
By e-mail: firstname.lastname@example.org, with an e-mail subject/reference line of “Refund”.
By phone: (512) 322-5177
All requests for refunds must be received by HAAM within seventy-two (72) hours of making the applicable financial donation or payment; otherwise, the donation or payment shall be considered final.
10. REPRESENTATIONS AND WARRANTIES.
11.2 Disclaimer About Certain Information or Content. ANY OPINIONS, ADVICE, STATEMENTS, OFFERS OR OTHER INFORMATION OR CONTENT FOUND ON THE SITE ARE THOSE OF THEIR RESPECTIVE AUTHORS AND NOT OF HAAM, AND SHOULD NOT NECESSARILY BE RELIED UPON. SUCH AUTHORS ARE SOLELY RESPONSIBLE FOR THE ACCURACY OF SUCH INFORMATION OR CONTENT. HAAM DOES NOT GUARANTEE, ADOPT OR ENDORSE THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY SUCH INFORMATION OR CONTENT. HAAM IS NOT RESPONSIBLE FOR THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY SUCH INFORMATION OR CONTENT. UNDER NO CIRCUMSTANCES SHALL HAAM BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY LOSS OR DAMAGE CAUSED BY OR ARISING FROM OR IN CONNECTION WITH YOUR RELIANCE ON ANY SUCH INFORMATION OR CONTENT.
12. LIMITATION OF LIABILITY.
IN NO EVENT SHALL HAAM OR ANY OF HAAM’S OFFICERS, DIRECTORS, MEMBERS, MANAGERS, OWNERS, PARTNERS, AGENTS, EMPLOYEES, AFFILIATES, SUCCESSORS, TRUSTEES, ASSIGNS, TRANSFEREES OR LICENSEES BE LIABLE TO (OR BE OBLIGATED TO INDEMNIFY) YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LEGAL COSTS, ATTORNEY FEES, LOST PROFITS, REPLACEMENT COSTS, OR REPAIR COSTS) CAUSED BY OR ARISING FROM OR IN CONNECTION WITH: (A) YOUR ACCESS, INABILITY TO ACCESS, USE OR INABILITY TO USE THE SITE; (B) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION; (C) ANY STATEMENTS, CONTENT OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (D) ANY HACKING ATTEMPT THAT MAY LEAD TO A COMPROMISE OF YOUR PERSONAL INFORMATION OR DAMAGE TO YOUR COMPUTER(S), SOFTWARE PROGRAM(S), SOFTWARE FILE(S), OR MOBILE MEDIA; (E) ANY TRANSMISSION, DOWNLOAD OR INFECTION OF ANY SOFTWARE, PROGRAM, PROCESS, DEVICE, APPLICATION OR ROUTINE (INCLUDING, WITHOUT LIMITATION AND BY WAY OF EXAMPLE ONLY, ROBOTS, SCRAPERS, SPIDERS, VIRUSES, SPYWARE, AND MALWARE) THAT MAY LEAD TO A COMPROMISE OF YOUR PERSONAL INFORMATION OR DAMAGE TO YOUR COMPUTER(S), SOFTWARE PROGRAM(S), SOFTWARE FILE(S), OR MOBILE MEDIA; OR (F) THE FACT THAT YOU HAVE RELIED ON ANY INFORMATION OR CONTENT FOUND ON THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY INFORMATION OR CONTENT FOUND THEREON, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR ACCESS AND USE OF THE SITE.
14. GOVERNING LAW.
15. DISPUTE RESOLUTION.
16.3. EXCUSED PERFORMANCE. HAAM will be excused for any failure to perform to the extent that its performance is prevented by any reason outside of its reasonable control or that may be characterized as a force majeure event.
17. CONTACT US.
By e-mail: email@example.com.
By mail: Health Alliance for Austin Musicians, attn.: Site Administrator, PO Box 301496, Austin, Texas 78703-0025.
By phone: (512) 322-5177
18. EFFECTIVE DATE.
EFFECTIVE DATE: April 15, 2013