Web Site Terms and Conditions of Use

Last Updated:  January 2017

1. Terms

These Web Site Terms and Conditions of Use (these “Terms of Use”) govern the access or use by you of websites, content, products, and services (the “Services”) made available by Keep Austin Beautiful (“we,” “us” or “our”).  PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. 

Our collection and use of personal information in connection with the Services is as provided in our Privacy Policy located at http://keepaustinbeautiful.org/privacy-policy 

2. Acceptance of Terms of Use

Your access and use of the Services constitutes your agreement to be bound by these Terms of Use, which establish a contractual relationship between you and us.  If you do not agree to these Terms of Use, you may not access or use the Services.  We may amend these Terms of Use from time to time.  Amendments will be effective upon our posting of such updated Terms of Use at this location.  Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms of Use, as amended.

3.         Consent to Receive Emails and Text Messages

By submitting your contact information to us, you agree that the Services may send you informational emails and text (SMS) messages as part of our normal business operations.  You may opt-out of receiving emails and text (SMS) messages from us at any time. 

4. Use License

  1. The Services constitute a platform that enables users of our website (www.keepaustinbeautiful.org) (the “Site”) to, among other things, view information and materials made available by us.  Unless otherwise agreed by us in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use.  
  2. Subject to your compliance with these Terms of Use, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to access and use any content, information, and related materials that may be made available through the Sites, in each case solely for your personal, noncommercial use.  Any rights not expressly granted herein are reserved by us and our licensors. 
  3. Although we strive to provide content, information, and related materials that are both useful and accurate, the nature of the data and other information available via the Services is subject to frequent change.  The materials appearing on the Site may include technical, typographical, or photographic errors.  Accordingly, the content, information, and related materials available via the Services may not be up-to-date, accurate, or complete.  We may make changes to the materials contained on the Site at any time without notice.  We do not, however, make any commitment to update the materials.

The license granted by us under these Terms of Use is not a transfer of title.  In connection with your use of the Services, you agree that you will not:

  • Restrict or inhibit any other user from using the Services, including, without limitation, by means of “hacking” or defacing any portion of the Services;
  • Use the Services for any unlawful purpose;
  • Transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
  • Modify, copy, transfer, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Services or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services;
  • Remove any copyright, trademark or other proprietary rights notices contained on the Services or “frame” or “mirror” any part of the Services;
  • Use any robot, spider, offline reader, site search/retrieval application or other manual or automatic device or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents without our prior written consent; or
  • Take any action that imposes or may impose an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure.
  • use the materials available on the Site for any commercial purpose, or for any public display (commercial or non-commercial);
  1. This license shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time.  Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

5. Disclaimer

The materials on the Site are provided "as is".  WE make no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.  Further, WE do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on THE site or otherwise relating to such materials or on any sites linked to this site.  YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

6. Limitations

WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  WE SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF (1) YOUR USE OF OR RELIANCE ON THE SERVICES; (2) YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (3) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED ONE HUNDRED U.S. DOLLARS (US $100).

7. Indemnity

You agree to indemnify and hold us and our officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with:  (i) your use of the Services or materials obtained through your use of the Services; (ii) your breach or violation of any of these Terms of Use; or (iii) your violation of the rights of any third party.

8. Links

We have not reviewed all of the sites linked to the Site and is not responsible for the contents of any such linked site.  The inclusion of any link does not imply endorsement by us of the site.  Use of any such linked site is at the user's own risk.  You may provide links to the Site, provided: (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Site immediately upon request by us.

9. Site Terms of Use Modifications

We may revise these Terms of Use for the Site at any time without notice.  By using the Site you are agreeing to be bound by the then-current version of these Terms of Use.

10. Governing Law

These Terms of Use and the rights and obligations of the parties under these Terms of Use will be governed by, and construed and interpreted in accordance with, the laws of the State of Texas, excluding its rules of conflicts of law.  Any and all obligations under these Terms of Use are due in Travis County, Texas and the parties hereby irrevocably consent to the jurisdiction of the courts in Austin, Texas with respect to all disputes arising out of these Terms of Use.