TERMS OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY
ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND
BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE
RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ
THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT
EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT
ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS
EFFECTIVE AS OF 06/10/2018.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall govern
the relationship with our users and others which may interact or interface with Greater Houston Chapter Of
The American Harp Society, also known as GHC, located at , Houston, Texas and our subsidiaries and
affiliates, in association with the use of the GHC website, which includes houstonharpists.com, (the "Site")
and its Services, which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is a non-profit website which has the following description:
To promote the harp in the greater Houston, TX area through collaboration among harpists, creation and
promotion of harp related events, and providing information about harp teachers, harpists for hire, and
harps for sale and rent in Houston.
Any and all visitors to our site, despite whether they are registered or not, shall be deemed as "users" of the
herein contained Services provided for the purpose of this TOS. Once an individual register's for our
Services, through the process of creating an account, the user shall then be considered a "member."
The user and/or member acknowledges and agrees that the Services provided and made available through
our website and applications, which may include some mobile applications and that those applications may
be made available on various social media networking sites and numerous other platforms and
downloadable programs, are the sole property of Greater Houston Chapter Of The American Harp Society.
At its discretion, Greater Houston Chapter Of The American Harp Society may offer additional website
Services and/or products, or update, modify or revise any current content and Services, and this Agreement
shall apply to any and all additional Services and/or products and any and all updated, modified or revised
Services unless otherwise stipulated. Greater
provided Services forthwith.
Furthermore, the user and/or member understands, acknowledges and agrees that the Services offered shall
be provided "AS IS" and as such Greater Houston Chapter Of The American Harp Society shall not assume
any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user
content, communication or personalization settings.
REGISTRATION
To register and become a "member" of the Site, you must be at least 18 years of age to enter into and form a
legally binding contract. In addition, you must be in good standing and not an individual that has been
previously barred from receiving GHC's Services under the laws and statutes of the United States or other
applicable jurisdiction.
When you register, GHC may collect information such as your name, e-mail address, birth date, gender,
mailing address, occupation, industry and personal interests. You can edit your account informaon at any
time. Once you register with GHC and sign in to our Services, you are no longer anonymous to us.
Furthermore, the registering party hereby acknowledges, understands and agrees to:
a) furnish factual, correct, current and complete information with regards to yourself as may be
requested by the data registration process, and
b) maintain and promptly update your registration and profile information in an effort to maintain
accuracy and completeness at all times.
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Greater
Houston Chapter Of The American Harp Society will have sufficient grounds and rights to suspend or
terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or
future use of Greater Houston Chapter Of The American Harp Society Services, or any portion thereof.
It is Greater Houston Chapter Of The American Harp Society's priority to ensure the safety and privacy of
all its visitors, users and members, especially that of children. Therefore, it is for this reason that the parents
of any child under the age of 13 that permit their child or children access to the GHC website platform
Services must create a "family" account, which will certify that the individual creating the "family" account
is of 18 years of age and as such, the parent or legal guardian of any child or children registered under the
"family" account. As the creator of the "family" account, s/he is thereby granting permission for his/her
child or children to access the various Services provided, including, but not limited to, message boards,
email, and/or instant messaging. It is the parent's and/or legal guardian's responsibility to determine
whether any of the Services and/or content provided are age-appropriate for his/her child.
PRIVACY POLICY
Every member's registration data and various other personal information are strictly protected by the
Greater Houston Chapter Of The American Harp Society Online Privacy Policy (see the full Privacy Policy
at www.houstonharpists.com/privacy-policy). As a member, you herein consent to the collection and use of
the information provided, including the transfer of information within the United States and/or other
countries for storage, processing or use by Greater Houston Chapter Of The American Harp Society and/or
our subsidiaries and affiliates.
MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY
When you set up an account, you are the sole authorized user of your account. You shall be responsible for
maintaining the secrecy and confidentiality of your password and for all activities that transpire on or
within your account. It is your responsibility for any act or omission of any user(s) that access your account
information that, if undertaken by you, would be deemed a violation of the TOS. It shall be your
responsibility to notify Greater Houston Chapter Of The American Harp Society immediately if you notice
any unauthorized access or use of your account or password or any other breach of security. Greater
Houston Chapter Of The American Harp Society shall not be held liable for any loss and/or damage arising
from any failure to comply with this term and/or condition of the TOS.
CONDUCT
As a user or member of the Site, you herein acknowledge, understand and agree that all information, text,
software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or
privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the
content originated. In short, this means that you are solely responsible for any and all content posted,
uploaded, emailed, transmitted or otherwise made available by way of the GHC Services, and as such, we
do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of
our Services, you may be exposed to content including, but not limited to, any errors or omissions in any
content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted,
emailed, transmitted or otherwise made available by GHC.
Furthermore, you herein agree not to make use of Greater Houston Chapter Of The American Harp
Society's Services for the purpose of:
a) uploading, posting, emailing, transmitting, or otherwise making available any content that shall be
deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene,
libelous, or invasive of another's privacy or which is hateful, and/or racially, ethnically, or otherwise
objectionable;
b) causing harm to minors in any manner whatsoever;
c) impersonating any individual or entity, including, but not limited to, anyGHC officials, forum
leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an
individual or entity;
d) forging captions, headings or titles or otherwise offering any content that you personally have no
right to pursuant to any law nor having any contractual or fiduciary relationship with;
e) uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe
upon any patent, copyright, trademark,
fiduciary relationship;
g) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized
advertising, promotional flyers, "junk mail," "spam," or any other form of solicitation, except in any
such areas that may have been designated for such purpose;
h) uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a
software virus or other computer code, any files and/or programs which have been designed to
interfere, destroy and/or limit the operation of any computer software, hardware, or
telecommunication equipment;
i) disrupting the normal flow of communication, or otherwise acting in any manner that would
negatively affect other users' ability to participate in any real time interactions;
j) interfering with or disrupting any Greater Houston Chapter Of The American Harp Society Services,
servers and/or networks that may be connected or related to our website, including, but not limited
to, the use of any device software and/or routine to bypass the robot exclusion headers;
k) intentionally or unintentionally violating any local, state, federal, national or international law,
including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and
Exchange Commission, in addition to any rules of any nation or other securities exchange, that
would include without limitation, the New York Stock Exchange, the American Stock Exchange, or
the NASDAQ, and any regulations having the force of law;
l) providing informational support or resources, concealing and/or disguising the character, location,
and or source to any organization delegated by the United States government as a "foreign terrorist
organization" in accordance to Section 219 of the Immigration Nationality Act;
m) "stalking" or with the intent to otherwise harass another individual; and/or
n) collecting or storing of any personal data relating to any other member or user in connection with the
prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.
Greater Houston Chapter Of The American Harp Society herein reserves the right to pre-screen, refuse
and/or delete any content currently available through our Services. In addition, we reserve the right to
remove and/or delete any such content that would violate the TOS or which would otherwise be considered
offensive to other visitors, users and/or members.
Greater Houston Chapter Of The American Harp Society herein reserves the right to access, preserve
and/or disclose member account information and/or content if it is requested to do so by law or in good
faith belief that any such action is deemed reasonably necessary for:
a) compliance with any legal process;
b) enforcement of the TOS;
c) responding to any claim that therein contained content is in violation of the rights of any third party;
d) responding to requests for customer service; or
e) protecting the rights, property or the personal safety of Greater Houston Chapter Of The American
Harp Society, its visitors, users and members, including the general public.
Greater Houston Chapter Of The American Harp Society herein reserves the right to include the use of
security components that may permit digital information or material to be protected, and that such use of
information and/or material is subject to usage guidelines and regulations established by Greater Houston
Chapter Of The American Harp Society or any other content providers supplying content services to
Greater Houston Chapter Of The American Harp Society. You are hereby prohibited from making any
attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore,
unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied
by our Services, despite whether done so in whole or in part, is expressly prohibited.
INTERSTATE COMMUNICATION
Upon registration, you hereby acknowledge that by using houstonharpists.com to send electronic
communications, which would include, but are not limited to, email, searches, instant messages, uploading
of files, photos and/or videos, you will be causing communications to be sent through our computer
network. Therefore, through your use, and thus your agreement with this TOS, you are acknowledging that
the use of this Service shall result in interstate transmissions.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to comply with all
local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting
and/or transferring of software, technology and other technical data may be subject to the export and import
laws of the United States and possibly other countries. Through the use of our network, you thus agree to
comply with all applicable export and import laws, statutes and regulations, including, but not limited to,
the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the
sanctions control program of the United States (http://www.treasury.gov/resourcecenter/sanctions/Programs/Pages/Programs.aspx).
Furthermore, you state and pledge that you:
a) are not on the list of prohibited individuals which may be identified on any government export
exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of
any other government which may be part of an export-prohibited country identified in applicable
export and import laws and regulations;
b) agree not to transfer any software, technology or any other technical data through the use of our
network Services to any export-prohibited country;
c) agree not to use our website network Services for any military, nuclear, missile, chemical or
biological weaponry end uses that would be a violation of the U.S. export laws; and
d) agree not to post, transfer nor upload any software, technology or any other technical data which
would be in violation of the U.S. or other applicable export and/or import laws.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
Greater Houston Chapter Of The American Harp Society shall not lay claim to ownership of any content
submitted by any visitor, member, or user, nor make such content available for inclusion on our website
Services. Therefore, you hereby grant and allow for Greater Houston Chapter Of The American Harp
Society the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:
a) The content submitted or made available for inclusion on the publicly accessible areas of Greater
Houston Chapter Of The American Harp Society's sites, the license provided to permit to use,
distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our
network Services is for the sole purpose of providing and promoting the specific area to which this
content was placed and/or made available for viewing. This license shall be available so long as you
are a member of Greater Houston Chapter Of The American Harp Society's sites, and shall
terminate at such time when you elect to discontinue your membership.
b) Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly
accessible areas of Greater Houston Chapter Of The American Harp Society's sites, the license
provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly
display said Content on our network Services are for the sole purpose of providing and promoting
the specific area in which this content was placed and/or made available for viewing. This license
shall be available so long as you are a member of Greater Houston Chapter Of The American Harp
Society's sites and shall terminate at such time when you elect to discontinue your membership.
c) For any other content submitted or made available for inclusion on the publicly accessible areas of
Greater Houston Chapter Of The American Harp Society's sites, the continuous, binding and
completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify,
adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or
in part, and the incorporation of any such Content into other works in any arrangement or medium
current used or later developed.
Those areas which may be deemed "publicly accessible" areas of Greater Houston Chapter Of The
American Harp Society's sites are those such areas of our network properties which are meant to be
available to the general public, and which would include message boards and groups that are openly
available to both users and members. However, those areas which are not open to the public, and thus
available to members only, would include our mail system and instant messaging.
CONTRIBUTIONS TO COMPANY WEBSITE
Greater Houston Chapter Of The American Harp Society provides an area for our users and members to
contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals
("Contributions") to our site, you acknowledge and agree that:
a) your contributions do not contain any type of confidential or proprietary information;
b) GHC shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or
implied, related to any Contributions;
c) GHC shall be entitled to make use of and/or disclose any such Contributions in any such manner as
they may see fit;
d) the contributor's Contributions shall automatically become the sole property of GHC; and
e) GHC is under no obligation to either compensate or provide any form of reimbursement in any
manner or nature.
INDEMNITY
All users and/or members herein agree to insure and hold Greater Houston Chapter Of The American Harp
Society, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not
liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by
any third party which may arise from any content a member or user of our site may submit, post, modify,
transmit or otherwise make available through our Services, the use of GHC Services or your connection
with these Services, your violations of the Terms of Service and/or your violation of any such rights of
another person.
COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any
commercial reason any part, use of, or access to GHC's sites.
USE AND STORAGE GENERAL PRACTICES
You herein acknowledge that Greater Houston Chapter Of The American Harp Society may set up any
such practices and/or limits regarding the use of our Services, without limitation of the maximum number
of days that any email, message posting or any other uploaded content shall be retained by Greater Houston
Chapter Of The American Harp Society, nor the maximum number of email messages that may be sent
and/or received by any member, the maximum volume or size of any email message that may be sent from
or may be received by an account on our Service, the maximum disk space allowable that shall be allocated
on Greater Houston Chapter Of The American Harp Society's servers on the member's behalf, and/or the
maximum number of times and/or duration that any member may access our Services in a given period of
time. In addition, you also agree that Greater Houston Chapter Of The American Harp Society has
absolutely no responsibility or liability for the removal or failure to maintain storage of any messages
and/or other communications or content maintained or transmitted by our Services. You also herein
acknowledge that we reserve the right to delete or remove any account that is no longer active for an
extended period of time. Furthermore, Greater Houston Chapter Of The American Harp Society shall
reserve the right to modify, alter and/or update these general practices and limits at our discretion.
Any messenger service, which may include any web-based versions, shall allow you and the individuals
with whom you communicate with the ability to save your conversations in your account located on Greater
Houston Chapter Of The American Harp Society's servers. In this manner, you will be able to access and
search your message history from any computer with internet access. You also acknowledge that others
have the option to use and save conversations with you in their own personal account on
houstonharpists.com. It is your agreement to this TOS which establishes your consent to allow Greater
Houston Chapter Of The American Harp Society to store any and all communications on its servers.
MODIFICATIONS
Greater Houston Chapter Of The American Harp Society shall reserve the right at any time it may deem fit,
to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof,
with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such
alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
TERMINATION
As a member of houstonharpists.com, you may cancel or terminate your account, associated email address
and/or access to our Services by submitting a cancellation or termination request to
connect@houstonharpists.flywheelsites.com.
As a member, you agree that Greater Houston Chapter Of The American Harp Society may, without any
prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email
associated with your account, and access to any of our Services. The cause for such termination,
discontinuance, suspension and/or limitation of access shall include, but is not limited to:
a) any breach or violation of our TOS or any other incorporated agreement, regulation and/or
guideline;
b) by way of requests from law enforcement or any other governmental agencies;
c) the discontinuance, alteration and/or material modification to our Services, or any part thereof;
d) unexpected technical or security issues and/or problems;
e) any extended periods of inactivity;
f) any engagement by you in any fraudulent or illegal activities; and/or
g) the nonpayment of any associated fees that may be owed by you in connection with your
houstonharpists.com account Services.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or
limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or
any other third party with regards to the termination of your account, associated email address and/or
access to any of our Services.
The termination of your account with houstonharpists.com shall include any and/or all of the following:
a) the removal of any access to all or part of the Services offered within houstonharpists.com;
b) the deletion of your password and any and all related information, files, and any such content that
may be associated with or inside your account, or any part thereof; and
c) the barring of any further use of all or part of our Services.
ADVERTISERS
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located
on or through our Services, which may include the payment and/or delivery of such related goods and/or
Services, and any such other term, condition, warranty and/or representation associated with such dealings,
are and shall be solely between you and any such advertiser. Moreover, you herein agree that Greater
Houston Chapter Of The American Harp Society shall not be held responsible or liable for any loss or
damage of any nature or manner incurred as a direct result of any such dealings or as a result of the
presence of such advertisers on our website.
LINKS
Either Greater Houston Chapter Of The American Harp Society or any third parties may provide links to
other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the
availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or
liable for any content, products, advertising or any other materials, on or available from such third party
sites or resources. Furthermore, you acknowledge and agree that Greater Houston Chapter Of The
American Harp Society shall not be responsible or liable, directly or indirectly, for any such damage or loss
which may be a result of, caused or allegedly to be caused by or in connection with the use of or the
reliance on any such content, goods or Services made available on or through any such site or resource.
PROPRIETARY RIGHTS
You do hereby acknowledge and agree that Greater Houston Chapter Of The American Harp Society's
Services and any essential software that may be used in connection with our Services ("Software") shall
contain proprietary and confidential material that is protected by applicable intellectual property rights and
other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in
any advertisements or information presented by and through our Services or by advertisers is protected by
copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is
expressly permitted by applicable law or as authorized by Greater Houston Chapter Of The American Harp
Society or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit,
broadcast, publicly perform and/or created any plagiaristic works which are based on Greater Houston
Chapter Of The American Harp Society Services (e.g. Content or Software), in whole or part.
Greater Houston Chapter Of The American Harp Society herein has granted you personal, non-transferable
and non-exclusive rights and/or license to make use of the object code or our Software on a single
computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or
plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern
any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right
in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature
or form, and as such, not to use any modified versions of the Software, including and without limitation, for
the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt
to access our Services through any means other than through the interface which is provided by Greater
Houston Chapter Of The American Harp Society for use in accessing our Services.
WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF GREATER HOUSTON CHAPTER OF THE AMERICAN HARP SOCIETY
SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND
SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS.
GREATER HOUSTON CHAPTER OF THE AMERICAN HARP SOCIETY AND OUR
SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND
WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY
IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
b) GREATER HOUSTON CHAPTER OF THE AMERICAN HARP SOCIETY AND OUR
SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE
NO SUCH WARRANTIES THAT (i) GREATER HOUSTON CHAPTER OF THE AMERICAN
HARP SOCIETY SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii)
GREATER HOUSTON CHAPTER OF THE AMERICAN HARP SOCIETY SERVICES OR
SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii)
THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE GREATER
HOUSTON CHAPTER OF THE AMERICAN HARP SOCIETY SERVICES OR SOFTWARE
WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES,
ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR
OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR
EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE
SHALL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY
WAY OF GREATER HOUSTON CHAPTER OF THE AMERICAN HARP SOCIETY
SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND
SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY
WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY
DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR
DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE
DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT
MAY BE OBTAINED BY YOU FROM GREATER HOUSTON CHAPTER OF THE
AMERICAN HARP SOCIETY OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF
EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR
BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE
USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY
UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE
SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE
YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE
CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS
WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE
TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY
MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT GREATER HOUSTON
CHAPTER OF THE AMERICAN HARP SOCIETY AND OUR SUBSIDIARIES, AFFILIATES,
OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO
YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE
RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER
INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY
THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
a) THE USE OR INABILITY TO USE OUR SERVICE;
b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS
AND/OR DATA;
d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
RELEASE
In the event you have a dispute, you agree to release Greater Houston Chapter Of The American Harp
Society (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners
and any other third parties) from claims, demands and damages (actual and consequential) of every kind
and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in
any way connected to such dispute.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Should you intend to create or to join any service, receive or request any such news, messages, alerts or
other information from our Services concerning companies, stock quotes, investments or securities, please
review the above Sections Warranty Disclaimers and Limitations of Liability again. In addition, for this
particular type of information, the phrase "Let the investor beware" is appropriate. Greater Houston
Chapter Of The American Harp Society's content is provided primarily for informational purposes, and no
content that shall be provided or included in our Services is intended for trading or investing purposes.
Greater Houston Chapter Of The American Harp Society and our licensors shall not be responsible or liable
for the accuracy, usefulness or availability of any information transmitted and/or made available by way of
our Services, and shall not be responsible or liable for any trading and/or investment decisions based on any
such information.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF
SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO
YOU.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there
shall be no third-party beneficiaries to this agreement.
NOTICE
Greater Houston Chapter Of The American Harp Society may furnish you with notices, including those
with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text
messaging, postings on our website Services, or other reasonable means currently known or any which may
be herein after developed. Any such notices may not be received if you violate any aspects of the TOS by
accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement
that you are deemed to have received any and all notices that would have been delivered had you accessed
our Services in an authorized manner.
TRADEMARK INFORMATION
You herein acknowledge, understand and agree that all of the Greater Houston Chapter Of The American
Harp Society trademarks, copyright, trade name, service marks, and other Greater Houston Chapter Of The
American Harp Society logos and any brand features, and/or product and service names are trademarks and
as such, are and shall remain the property of Greater Houston Chapter Of The American Harp Society. You
herein agree not to display and/or use in any manner the Greater Houston Chapter Of The American Harp
Society logo or marks without obtaining Greater Houston Chapter Of The American Harp Society's prior
written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE
& PROCEDURES
Greater Houston Chapter Of The American Harp Society will always respect the intellectual property of
others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its
sole discretion, Greater Houston Chapter Of The American Harp Society may disable and/or terminate the
accounts of any user who violates our TOS and/or infringes the rights of others. If you feel that your work
has been duplicated in such a way that would constitute copyright infringement, or if you believe your
intellectual property rights have been otherwise violated, you should provide to us the following
information:
a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of
the copyright or other intellectual property interest;
b) A description of the copyrighted work or other intellectual property that you believe has been
infringed upon;
c) A description of the location of the site which you allege has been infringing upon your work;
d) Your physical address, telephone number, and email address;
e) A statement, in which you state that the alleged and disputed use of your work is not authorized by
the copyright owner, its agents or the law;
f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your
notice is truthful and accurate, and that you are the copyright or intellectual property owner,
representative or agent authorized to act on the copyright or intellectual property owner's behalf.
The Greater Houston Chapter Of The American Harp Society Agent for notice of claims of copyright or
other intellectual property infringement can be contacted as follows:
Mailing Address:
Greater Houston Chapter Of The American Harp Society
Attn: Copyright Agent
Houston, Texas
Telephone:
Email: connect@houstonharpists.flywheelsites.com
CLOSED CAPTIONING
BE IT KNOWN, that Greater Houston Chapter Of The American Harp Society complies with all applicable
Federal Communications Commission rules and regulations regarding the closed captioning of video
content. For more information, please visit our website at houstonharpists.com.
GENERAL INFORMATION
ENTIRE AGREEMENT
This TOS constitutes the entire agreement between you and Greater Houston Chapter Of The American
Harp Society and shall govern the use of our Services, superseding any prior version of this TOS between
you and us with respect to Greater Houston Chapter Of The American Harp Society Services. You may
also be subject to additional terms and conditions that may apply when you use or purchase certain other
Greater Houston Chapter Of The American Harp Society Services, affiliate Services, third-party content or
third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and Greater Houston Chapter Of The American Harp Society with
regard to the TOS that the relationship between the parties shall be governed by the laws of the state of
Texas without regard to its conflict of law provisions and that any and all claims, causes of action and/or
disputes, arising out of or relating to the TOS, or the relationship between you and Greater Houston Chapter
Of The American Harp Society, shall be filed within the courts having jurisdiction within the County of
Harris, Texas or the U.S. District Court located in said state. You and Greater Houston Chapter Of The
American Harp Society agree to submit to the jurisdiction of the courts as previously mentioned, and agree
to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in
such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should Greater Houston Chapter Of The American Harp Society fail to exercise or enforce any
right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any
provision of this TOS 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 TOS remain in full force and effect.
NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand and agree that your account is non-transferable and any rights to your ID
and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death
certificate, your account may be terminated and all contents therein permanently deleted.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or
action arising out of or related to the use of our Services or the TOS must be filed within 5 year(s) after said
claim or cause of action arose or shall be forever barred.
VIOLATIONS
Please report any and all violations of this TOS to Greater Houston Chapter Of The American Harp Society
as follows:
Mailing Address:
Greater Houston Chapter Of The American Harp Society
Houston, Texas
Telephone:
Email: connect@houstonharpists.flywheelsites.com