Terms and Conditions of Use

Acceptance of Terms

Welcome to the WatchOrangeGrow.com Web site. This Web site with its home page in the domain www.WatchOrangeGrow.com (the “Web site”) provides general information about the progress and development of the City of Orange, Texas as well as upcoming activities and events. The Web site is a complimentary service offered by the Nelda C. and H.J. Lutcher Stark Foundation (the “Organization”) at no charge to users of the World Wide Web. By accessing and using the Organization’s Web site, you as the User agree to be bound by these Terms and Conditions, and your use of this Web site evidences that you have read and have agreed to these Terms and Conditions.
If you do not agree to all of the Terms and Conditions set forth below, please cease use of and exit the Web site.

Intellectual Property

This Web site contains trademarks, names, logos, slogan, design and service marks that are the property of the Organization and other parties (the "Marks"). In order to keep these Marks distinctive, you are prohibited from using any Marks for any purpose, including, but not limited to, use as metatags on other pages or sites on the World Wide Web without prior written permission of the Organization or such third party who may own the Marks. All information and content, including but not limited to text, graphics, logos, and any software programs available on or through the Web site (the "Content") is protected by copyright and other laws. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Web site for commercial or public purposes. Modification or use of the Content on the Web site in a manner prohibited herein may subject you to penalties or damages, including but not limited to damages related to violation of trademarks, copyrights, privacy, and publicity damages. You are not authorized to use any part of the Marks or Content in any advertising, publicity, or in any other commercial manner without the prior written consent of the Organization or any third party who may own the Marks, as applicable. No permission, whether explicit or implicit, is hereby granted to you to distribute, modify, post or frame any Content.

How You May Use Our Information

Without in any way waiving any of the foregoing rights, you may download one copy of the Content on the Web site solely to facilitate your use of the Web site resources for personal, noncommercial or educational purposes, provided you do not remove or alter any copyright, trademark or other proprietary notices. Any copy of the information that you make must bear any copyright in the form: © Copyright Stark Foundation 2007, together with trademark or other proprietary notices located on the site that pertain to the information being copied. No other use is permitted without the prior written permission of the Organization and, except as otherwise expressly authorized herein, you are not granted any right or license under any copyright, trademark, service mark, patent or other intellectual property right in the information, services, processes or technology of the Organization, its affiliates and/or any other content providers. All such rights are retained by the Organization, its affiliates, and/or any other content providers. The permitted use described in this paragraph is contingent on your compliance at all times with these Terms and Conditions.

How We May Use Your Information (Privacy)

The Organization may collect information voluntarily submitted by visitors to the Web site, which enables the Organization to respond to requests. The Organization may also collect information to help us tailor the Web site to visitor interests and concerns. When you communicate with us, send information or provide content to us or the Web site, you grant the Organization a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable right to exercise all copyright and publicity rights you have in the content, in any manner whatsoever, in any media now known or that may be created in the future, including in other works and forms not associated with this Web site.

While the Organization attempts to protect the transmission of any information submitted by visitors to the Web site, no transmission of data is entirely secure and, thus, submission is at your sole risk. The Organization is not responsible under any circumstances and disclaims any responsibility for damages resulting from the use of information collected on the Web site. The User should refer to the Organization’s separate Privacy Policy for more information, which is incorporated by reference herein.

Links to Third Party Sites

Although the Web site may contain links to other sites ("Third Party Sites"), such links are provided only as a convenience, and the inclusion of any link does not, directly or indirectly, imply or otherwise constitute any approval, association, sponsorship, endorsement or other affiliation by the Organization with the Third Party Site(s) or its operators. The Third Party Sites may neither be owned by nor under the control of the Organization or its affiliates. The Organization has not necessarily reviewed all the Third Party Sites linked to the Web site and is therefore not responsible for the content of any Third Party Site including, without limitation, any link contained in a Third Party Site or any changes or updates to a Third Party Site. Linking by the User to one or more Third Party Sites is at the User’s Own Risk.

No Warranty and Limitation of Liability

The Organization makes no warranties or representations as to the accuracy of the information contained on the Web site.
ALL CONTENT, INFORMATION AND MATERIALS CONTAINED ON THE WEB SITE ARE PROVIDED ON AN "AS IS" 'WHERE IS" AND "WHERE AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND/OR WARRANTIES OF ACCURACY, RELIABILITY, COMPLETENESS, SUITABILITY OR APPLICABILITY.

In addition to the foregoing, the Organization makes no warranty that the Web site will meet the User’s requirements or that the services will be uninterrupted, timely, secure or free of errors or viruses, nor does the Organization warrant that the results obtained through the Web site will meet your needs or that the Organization will correct any software defects. Any content and/or data you download or otherwise obtain through the Web site is at your own discretion and your own risk. You alone are solely responsible for and assume the entire cost for any damage to your computer systems, including but not limited to computer hardware, computer software or connections, or loss or corruption of data that may result or otherwise arise from your use of this Web site. No advice or information from Organization, whether oral or written, will create any warranty in contravention of the foregoing. By entering the Web site, you acknowledge and agree that your use is at your own risk and that none of the parties involved in creating, producing, or delivering the Web site is liable for any direct, incidental, consequential, indirect, or punitive damages, or any other losses, costs, or expenses of any kind that may arise, directly or indirectly, through the access to, use of, or browsing of this Web site or through your downloading of any materials, data, text, images, video or audio from this Web site, including but not limited to anything caused by any viruses, bugs, human action or inaction or any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections.
In no event shall the Organization, its directors, representatives, employees, successors and assigns be liable for any damages whatsoever, including special, indirect, consequential or incidental damages, or damages for loss of profits, revenue, use or data as a result of claims, whether contract or tort, arising out of the Web site or the use or reliance upon any information contained in or accessed from the Web site.

While the Organization uses reasonable efforts to include accurate and up-to-date information on the Web site, the Organization assumes no liability or responsibility for any errors or omissions in the content of the Web site, for the actions of third parties or for content provided or posted by others. Changes may be periodically made to the information on the Web site at any time, without notice. The Organization expressly disclaims, to the fullest extent possible under the law, any and all liability for any infringement or other violation of intellectual property rights associated with the Web site or its content.

INDEMNIFICATION

You are personally responsible for your behavior while you use the Web site. You hereby agree to indemnify, defend, and hold the Organization, its directors, representatives, employees, successors and assigns, together with any third parties that may contribute to or be affiliated with the Web site (collectively the “Indemnified Parties”) harmless from and against any and all liability and costs, including, but not limited to, reasonable attorneys' fees and settlement amounts, incurred by the Indemnified Parties in connection with any claim or demand of any third party alleging losses, damages, injuries, expenses, harm, costs and the like arising out of your use of, or inability to use, the Web site, connections to the Web site, alleged violation of these Terms and Conditions, alleged violation of the rights of a third party, or alleged violation of federal privacy law including, without limitation, the Children's Online Privacy Protection Act or any other regulations or rules with respect to privacy promulgated or enforced by any governmental agency.

Amendment and Severability

The Organization reserves the right to amend these Terms and Conditions at any time and for any reason, without notice or obligation, by changing or deleting, supplementing or otherwise modifying any of the information, links and policies contained on the Web site and related thereto. If any part or section of these Terms and Conditions shall be held illegal, unenforceable, or invalid for any reason, the illegality, unenforceability, or invalidity of any provision or portion of the Terms and Conditions shall not affect the remainder of the Terms and Conditions, and the Terms and Conditions shall be construed and enforced as if the illegal, unenforceable, or invalid provision or portion thereof had not been included herein. The headings appearing at the beginning of the sections contained in these Terms and Conditions have been inserted for identification and reference purposes only and shall not be used to determine the construction or interpretation of such Terms and Conditions.

Non-Waiver

The failure of the Organization to enforce at any time any term, provision or condition of these Terms and Conditions, or to exercise any right herein, shall in no way operate as a waiver thereof, nor shall any single or partial exercise preclude any other right herein. In no way whatsoever shall a waiver of any term, provision or condition of these Terms and Conditions be valid unless in writing, signed by the Organization, and only to the extent set forth in such writing.

Governing Law and Forum Selection

This site is designed for use in the United States of America and is to be construed and evaluated according to the laws of the State of Texas and of the United States of America. By accessing this Web site, you agree that you have had the opportunity to read, review and/or understand the foregoing Terms and Conditions. You further agree that the laws of the State of Texas, without regard to conflicts of laws principles thereof, will apply to all matters arising from or relating to the use of this Web site. Any disputes arising under or related in any way to these Terms and Conditions or to this Web site shall be solely and exclusively litigated, arbitrated, or otherwise determined in Orange County, Texas. The User consents to jurisdiction in any state or federal courts sitting in Orange Country, Texas and arbitration in Orange County, Texas, and hereby waives any claim or defense that such forum is not convenient.

Thank You

Thank you for visiting the WatchOrangeGrow.com Web site and for accepting these Terms and Conditions of Use in order to use the Web site. If you have questions, you may write to Stark Foundation, P.O. Drawer 909, Orange, Texas 77631, Attn: Corporate Communications.