Terms and Conditions

These Terms and Conditions govern your use of this Web site; by using this Web site, you accept these Terms and Conditions in full. If you disagree with these Terms and Conditions or any part of these Terms and Conditions, you must not use this Web site.

Unless otherwise noted, Dignity Houston and/or its licensors own the intellectual property rights in this Web site and material on this Web site. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from this Web site for your own personal use, subject to the provisions set out below and elsewhere in these Terms and Conditions.

You must not:

• Republish material from this Web site (including republication on another Web site);
• Sell, rent, or sub-license material from this Web site;
• Show any material from this Web site in public;
• Reproduce, duplicate, copy or otherwise exploit material on this Web site for a commercial purpose;
• Edit or otherwise modify any material on this Web site unless given written permission to do so by a member of the Board of Trustees of Dignity Houston;
• Redistribute material from this Web site except for content specifically and expressly made available for redistribution.

Various persons may be identified or alluded to on this Web site. In such cases, the presence of such identification or allusion on this Web site should not be taken to ascribe anything to such a person or persons regarding his, her, or their religious beliefs or sexual orientation unless a clear and factual statement is made in that regard.

By accessing this Web site, you warrant and represent to this Web site owner that you are legally entitled to do so and to make use of information made available via this Web site.

You may not use this Web site in any way that causes, or may cause, damage to this Web site or impairment of the availability or accessibility of this Web site; or in any way that is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

You must not use this Web site to copy, store, host, transmit, send, use, publish or distribute any material which consists of or is linked to any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to this Web site without Dignity Houston’s express written consent.

You must not use this Web site to transmit or send unsolicited commercial communications.

You must not use this Web site for any purposes related to marketing without Dignity Houston’s express written consent.

Access to certain areas of this Web site is restricted. Dignity Houston reserves the right to restrict access to other areas of this Web site, and indeed this entire Web site, at Dignity Houston’s discretion.

If Dignity Houston provides you with a user ID and password to enable you to access restricted areas of this Web site or other content or services, you must ensure that your user ID and password are kept confidential and are not used by any other person.

Dignity Houston may disable your user ID and password at Dignity Houston’s sole discretion without notice or explanation.

In these Terms and Conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this Web site, for whatever purpose.

You grant to Dignity Houston a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Dignity Houston the right to sub-license these rights and the right to bring an action for the infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe on any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Dignity Houston or a third party (in each case under any applicable law).

This Web site is provided “as is” without any representations or warranties, express or implied. Dignity Houston makes no representations or warranties in relation to this Web site or the information provided on this Web site.

Without prejudice to the generality of the foregoing paragraph, Dignity Houston does not warrant that:

• This Web site will be constantly available, or available at all; or
• The information on this Web site is complete, true, accurate or non-misleading.

Nothing on this Web site constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial, mental health or medical matter, you should consult an appropriate professional.

Dignity Houston will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this Web site:

• To the extent that this Web site is provided free-of-charge, for any direct loss;
• For any direct, special, or consequential loss; or
• For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Dignity Houston has been expressly advised of any potential loss.

Nothing in this Web site Terms and Conditions will exclude any warranty implied by law that would be unlawful to exclude or limit; and nothing in this Web site Terms and Conditions will exclude or limit Dignity Houston’s liability in respect of any:

• Death or personal injury caused by Dignity Houston’s negligence;
• Fraud or fraudulent misrepresentation on the part of Dignity Houston; or
• Matter which would be illegal or unlawful for Dignity Houston to exclude or limit, or purport to exclude or limit, its liability.

By using this Web site, you agree that the exclusions and limitations of liability set out in this Web site Terms and Conditions are reasonable.

If you do not think that they are reasonable, you must not use this Web site.

You accept that, as a limited liability entity, Dignity Houston has an interest in limiting the personal liability of its officers, members and employees. You agree that you will not bring any claim personally against Dignity Houston’s officers or employees in respect of any losses you suffer in connection with this Web site.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this Web site Terms and Conditions will protect Dignity Houston’s officers, employees, members, agents, subsidiaries, successors, assigns, and sub-contractors as well as Dignity Houston.

External links may be provided for your convenience, but they are beyond the control of this Web site owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk.

The trademarks, names, logos, and service marks (collectively “trademarks”) displayed on this Web site are registered and unregistered trademarks for Dignity Houston. Nothing contained on this Web site should be construed as granting any license or right to use any trademark without the prior written permission of Dignity Houston.

If any provision of this Web site Terms and Conditions is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this Web site Terms and Conditions.

You hereby indemnify Dignity Houston and undertake to keep Dignity Houston indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Dignity Houston to a third party in settlement of a claim or dispute on the advice of Dignity Houston’s legal advisors) incurred or suffered by Dignity Houston arising out any breach by you of any provision of these Terms and Conditions, or arising out of any claim that you have breached any provision of these Terms and Conditions.

Without prejudice to Dignity Houston’s other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, Dignity Houston may take such action as Dignity Houston deems appropriate to deal with the breach, including suspending your access to this Web site, contacting your Internet Service Provider to request that they block your access to this Web site and/or bringing court proceedings against you.

Dignity Houston may revise these Terms and Conditions from time-to-time. Revised Terms and Conditions will apply to the use of this Web site from the date of publication of the revised Terms and Conditions on this Web site. Please check this page regularly to ensure that you are familiar with the current version.

Dignity Houston may transfer, sub-contract or otherwise deal with Dignity Houston’s rights and/or obligations under these Terms and Conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms and Conditions.

If a provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

These Terms and Conditions constitute the entire agreement between you and Dignity Houston in relation to your use of this Web site and supersede all previous agreements in respect of your use of this Web site.

Use of this Web site shall in all respects be governed by the laws of the State of Texas, U.S., regardless of the laws that might be applicable under principles of conflict of law. The parties agree that the Texas courts located in Harris County, Texas shall have exclusive jurisdiction over all controversies arising under this agreement and agree that venue is proper in those courts.

Dignity Houston is incorporated in the State of Texas as a nonprofit corporation and is exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code ( IRC ). The official name of the corporation is Dignity/Houston, Inc., and the corporation may also be referred to as DignityHouston and Dignity Houston. All references to “Dignity Houston” in these Terms and Conditions and elsewhere on this Web site refer to that corporation unless explicitly stated otherwise.

Dignity Houston is operated in accordance with the bylaws adopted by its membership.

The physical location of Dignity Houston is 401 Branard, Suite 114, Houston, Harris County, Texas 77006, and the mailing address for the corporation is P.O. Box 66821, Houston, Texas 77266.