TEXAS REACH NETWORK WEBSITE TERMS OF SERVICE

Please read these TERMS OF USE and our Privacy Policy before you access or use our website or our programming since such terms and policies are a LEGALLY BINDING CONTRACT between you and Texas Reach Network LLC and its affiliated entities.

By using the Website, accessing its programming on any media or communications platform, or by registering as a user, or by subscribing to a service or product, YOU REPRESENT THAT you are of legal age to form a binding contract and are at least 16 years of age, that all the information you provide on the Website is current, correct and complete, and that you have read and agree to fully comply with and be unconditionally bound by these Terms Of Use and our Privacy Policy which is incorporated herein by reference. IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS OF USE AND THE STATEMENTS IN OUR PRIVACY POLICY, DO NOT ACCESS OR USE OUR WEBSITE OR PROGRAMMING.

The website, including but not limited to its content, code, software and hardware, displays, features and functionality, audio and video programming, links, images, displays, trademarks, programming, design, arrangement and artwork, graphics, networks and communications’ infrastructure, texts, applications, technological and equipment infrastructure, and all of its other related materials, information and content wherever located and in whatever form (the “Website”), is wholly owned by and the intellectual and proprietary property of Texas Reach Network LLC, and is protected by multiple federal, state and international laws, statutes, rules and regulations including those regarding intellectual property, copyright, trademark, privacy and publicity, and communications. All references to “we’, “us”, or “our” shall mean Texas Reach Network LLC, its members, owners, subsidiaries, affiliates, managers, employees, agents, advisors, successors and assigns.

You understand and agree that your access or use of the Website does not grant, nor does it transfer to you, any license, copyright, trademark, right, title, ownership, security interest, intellectual property right, or any other interest in or to Texas Reach Network LLC or the Website, or its or our programming or content, nor of any affiliated or third party websites linked to the Website, or its or their content, intellectual property, copyrights, trademarks, or any other proprietary or other property rights of whatever kind and nature, owned by us, our licensors, customers or third parties.

You agree that YOU WILL NOT, NOR WILL YOU authorize, permit or allow another person, agent, representative or entity acting on your behalf to:

  • Distribute, use, sell, modify or alter, reproduce, create networks or databases or derivative works of or from, transmit, upload or download, store, publicly perform, publish, broadcast, monitor, display or copy any information, programming, graphics, films, audio or video content, trademark or copyright materials, logos or service marks displayed on the Website, or otherwise use any of the information, content or materials available to you on the Website without our (or if a third party website, its owner’s) prior written permission and consent, and then only for purposes of your personal, non-commercial use.

  • Provide any third party with access to your personal website account using your name, User ID, password or other security information or otherwise.

  • Use or access the Website, its information, materials or content in any manner that is either not authorized by us, and/or which violates applicable federal, state, local or international laws, statutes, rules or regulations, and/or which violates intellectual property, copyright or trademark rights, or attempts to exploit or use the Website, its information, materials or content for any unauthorized personal or commercial purpose.

  • Introduce by post, email, transmission, upload or otherwise, viruses, bots, trojan horses, worms, logic bombs, computer programs, code, or malicious materials or technologies, which are designed to attack and disrupt the use and proper functions of the Website or its software/hardware infrastructure, monitor or capture or alter content and information on the Website, or which is technologically or otherwise harmful to the Website or its legitimate users.

  • Use any unauthorized device, routine, equipment, software, robot, spider, bug, or similar technology to access the Website, or interfere with proper working of the Website or any party’s legal and authorized access, use and enjoyment of the Website.

  • Engage in any conduct that either restricts or inhibits, through intimidation or otherwise, another person’s or entity’s legitimate use and enjoyment of the Website, or exposes them to liability or harm.

  • Transmit, or support in any manner the sending of, any unsolicited advertising, promotional information, junk mail, email, spam, chain letters, pyramid schemes or illegal solicitations, through the use of the Website.

  • Use the Website for the purpose of exploiting or harming, or attempting to exploit or harm, minors.

The Website contains social media posting sites, message boards, chat rooms and other similar interactive media and communications platforms that allow you to post, publish, display and submit your personal and other information to other persons and users of the Website. By posting messages, uploading files, inputting data or engaging in any other form of communications, (individually or collectively “Communications”) with the Website, you hereby grant to Texas Reach Network LLC, a perpetual, worldwide, irrevocable, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, syndicate, modify, edit, and otherwise exploit such Communications in all media now known or hereafter developed. Further, all communications, materials, content and personal or business information you post or transmit to the Website is your sole responsibility, and will be considered accurate, non-confidential and non-proprietary except where protected by applicable law, and will comply with all applicable federal, state, local and international laws and regulations. YOU GRANT US, and our service providers, licensors, and affiliates, and each of their and our respective licensees, agents and assigns the right to use and distribute such materials and personal and business information for any lawful purpose. WE RESERVE THE RIGHT TO DELETE OR REMOVE AT ANYTIME AND IN OUR SOLE DISCRETION, ANY POST, MESSAGE OR OTHER INTERACTION WHICH A USER MAKES TO OR HAS WITH THE WEBSITE.

YOU FURTHER UNDERSTAND AND AGREE THAT:

YOUR USE OF ANY THIRD PARTY WEBSITE, OR INFORMATION THEREON, FOUND OR ACCESSED BY YOU VIA LINKS ON THE WEBSITE, IS DONE SO AT YOUR OWN RISK, AND WE ARE NOT RESPONSIBLE FOR NOR DO WE ASSUME ANY LIABILITY FOR CLAIMS, COSTS, LOSSES OR DAMAGES SUFFERED BY YOU OR A THIRD PARTY ARISING FROM YOUR OR THEIR ACCESS OR USE OF SUCH THIRD PARTY WEBSITES. WE RESERVE THE RIGHT TO DELETE LINKS TO A THIRD PARTY WEBSITE AT OUR SOLE DISCRETION WITHOUT NOTICE.

WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO FULLY COOPERATE WITH LAW ENFOREMENT OFFICIALS AND COURT ORDERS, DIRECTING US TO DISCLOSE THE IDENTITY AND RELATED INFORMATION ABOUT PERSONS AND ENTITIES USING THE WEBSITE AND/OR POSTING INFORMATION THEREON, AND YOU WAIVE AND HOLD US AND OUR AFFILIATES, LICENSORS, LICENSORS, SERVICE PROVIDERS, OTHER USERS OF THE WEBSITE AND CUSTOMERS HARMLESS FROM ANY CLAIMS, DAMAGES AND LIABILITES RESULTING THEREFROM.

WE WILL NOT BE LIABLE FOR LOSS OR DAMAGE CAUSED BY VIRUSES, MALWARE OR OTHER TECHNOLOGICALLY HARMFUL MATERIALS THAT MAY INFECT OR COMPROMISE YOUR EQUIPMENT, YOUR DATA OR PROPRIETARY MATERIAL, AS A RESULT OF YOUR ACCESS OR USE OF THE WEBSITE.

THE WEBSITE AND ITS CONTENT, APPLICATIONS, PRODUCTS AND SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION RELATING TO THE WEBSITE OR ITS CONTENT, APPLICATIONS, PRODUCTS OR SERVICES, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXPRESSLY DISCLAIM THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE.

NEITHER WE NOR OUR AFFILIATES, LICENSEES, LICENSORS, SERVICE PROVIDERS, OR EMPLOYEES, AGENTS, OFFICERS, MEMBERS, MANAGERS OR DIRECTORS THEREOF, WILL BE LIABLE TO YOU, OR ANYONE CLAIMING BY, THROUGH OR UNDER YOU, FOR ANY CLAIMS UNDER ANY LEGAL THEORY OF RECOVERY, ARISING OUT OF OR IN CONNECTION WITH YOUR UNAUTHORIZED OR ILLEGAL USE OF THE WEBSITE OR ITS CONTENT, YOUR USE OR INABILITY TO USE THE WEBSITE OR ANY OTHER WEBSITE(S) LINKED TO IT OR ANY CONTENT ON OR SERVICES PROVIDED BY EITHER THE WEBSITE OR SUCH OTHER WEBSITE(S), INCLUDING ANY DIRECT, INDIRECT, SPECIAL, COINCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, AND INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFIT, EARNINGS OR BUSINESS OPPORTUNITY, LOSS OF USE, OR LOSS OF DATA.

AS A RESULT OF YOUR USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO ITS CONTENT, PRODUCTS, LINKS, SERVICES, MATERIALS OR INFORMATION, YOU AGREE TO RELEASE, PROTECT, DEFEND, INDEMNIFY AND SAVE TEXAS REACH NETWORK LLC, ITS MANAGERS, MEMBERS, AFFILIATES, SUBSIDIARIES, PARTNERS, JOINT OWNERS, LICENSORS, LICENSEES, SERVICE PROVIDERS, AND ITS AND THEIR DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, LICENSORS, LICENSEES, SERVICE PROVIDERS, SUCCESSORS AND ASSIGNS, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, AWARDS, CAUSES OF ACTION, COSTS, EXPENSES (INCLUDING LEGAL AND ATTORNEYS’ FEES), PENALTIES, DAMAGES, JUDGEMENTS, AND LOSSES OF EVERY CHARACTER, KIND AND NATURE, WITHOUT LIMITATION, WHICH ARISE OUT OF, IN CONNECTION WITH, OR RELATE TO THE SUBJECT MATTER OR YOUR PERFORMANCE OR VIOLATION OF THESE TERMS OF USE, OR YOUR ACCESS TO OR USE OF THE WEBSITE.

WE FURTHER RESERVE THE RIGHT (1) TO DISABLE ANY USER NAME, PASSWORD OR OTHER IDENTIFIER OF ANY PERSON OR ENTITY ACCESSING OR USING THE WEBSITE AT ANY TIME, FOR ANY REASON, IN OUR SOLE DISCRETION, WITHOUT NOTICE, AND (2) WITHOUT LIMITING ANY OTHER REMEDIES, AND WITHOUT ANY LIABILITY TO US, TO PERPETUALLY SUSPEND, DELETE, RESTRICT, TERMINATE OR OTHERWISE MODIFY YOUR CURRENT AND YOUR FUTURE ACCOUNTS AND/OR ACCESS TO AND/OR USE OF THE WEBSITE, IN WHOLE OR IN PART, AT ANYTIME AND FOR ANY REASON, WITHOUT NOTICE TO YOU. THESE TERMS OF USE SHALL SURVIVE ANY SUCH TERMINATION.

These Terms Of Use and our Privacy Policy shall be governed by the laws of the State of Texas, or if said laws or inapplicable, by the laws of the United States, excluding from each of the foregoing any conflict of laws rules which would direct the matter to the laws of another jurisdiction. ARBITRATION, administered by the American Arbitration Association in its Dallas or Houston, Texas, office, in accordance with its commercial arbitration rules, shall be the exclusive means of resolving any and all disputes or claims arising out of these Terms of Use and/or the Privacy Policy, and all parties subject to the these Terms of Use and Privacy Policy consent to any such disputes and claims being so resolved. Judgement on any award in any such arbitration may be entered in any Texas court having jurisdiction.

The Website contains links and access to other internet sites, resources and sponsors. Links to and from the Website to other third party sites or maintained by third parties, do not constitute an endorsement or guarantee by us of any third party statements, resources, services, products or content. We disclaim any and all responsibility for content contained in any third party materials provided through links from the Website. We assume no responsibility for and has no control over the content, privacy policies, or practices of said third parties. By using the Website, you hereby release us from any and all liability arising from, related to, or in connection with your use of any third party website, and we encourage you to review the third party’s site terms and conditions after you leave our Website and enter a third party’s website. We do not endorse or represent the accuracy or reliability of any advice, opinion, statement or other information displayed or distributed through our Website. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum or information shall be AT YOUR SOLE RISK. We reserve the right, in our sole discretion, to correct any errors or omissions in any part of the Website.

You hereby agree to release, indemnify, defend and hold us, and our insurers, information providers, licensors, licensees (collectively the “Indemnified Parties”), harmless from and against any and all losses, claims, liabilities, demands, damages, costs or expenses (including all legal, and attorneys and expert witness fees), causes of action, suits, proceedings, judgements, awards, executions and liens, whether brought by third parties or otherwise, (collectively “Claims”), due to, arising out of, or connected with your access to, use of or conduct on the Website. You shall cooperate as fully as reasonable required in the defense of any Claim. We reserve the right, at our own expense, to assume the exclusive and control of any matter otherwise subject to indemnification by you, and you shall not in any event, settle any matter or Claim without the written our written consent.

We may amend or revise these Terms of Use and/or Privacy Policy at anytime in our sole discretion, and following posting thereof on the Website, your continued use of the Website thereafter means you accept and agree with such revisions and amendments.

In the event one or more of the provisions contained in this Terms Of Use or the Privacy Policy is held, for any reason, to be invalid, void, illegal or unenforceable in any respect, such validity, voidness, illegality or unenforceability will not affect the remaining provisions hereof, and the offending provisions will be deemed to be automatically modified so as to be valid, legal, and enforceable to the extent possible while maintaining the intent of the parties hereto.

These Terms Of Use and our Privacy Policy constitute the sole and entire understanding and agreement between you and us with respect to the Website, and supersedes all prior oral and written understandings, agreements, covenants and representations.

TEXAS REACH NETWORK LLC

Updated: February 1, 2021

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