Terms of Use 

These Terms and Conditions of Use (“Terms of Use”) apply to the website located at https://dallasafterschool.org (“Site”), which is operated by Dallas Afterschool.  You use this Site at your own risk, and the material on this Site is provided “as is.” By using the Site in any way, you indicate that you agree to these Terms of Use. Your use and authority to use the Site is conditioned upon your full acceptance of these Terms of Use.

Dallas Afterschool reserves the right, at its sole discretion, to modify, add, or remove portions of the Site and these Terms of Use at any time. You agree to check these Terms of Use periodically for changes, and your continued use of the Site following the posting of changes indicates that you accept and agree to the changes.

RELEASE AND DISCLAIMER OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT DALLAS AFTERSCHOOL IS NOT RESPONSIBLE FOR ANY INJURY OR LOSS ASSOCIATED WITH OR CAUSED BY ANY AFTERSCHOOL PROGRAM OR ORGANIZATION. YOU AGREE THAT DALLAS AFTERSCHOOL IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE RELATING TO OR RESULTING FROM, WHETHER DIRECTLY OR INDIRECTLY, THE USE OF THE DALLAS AFTERSCHOOL SITE OR ANY INFORMATION CONTAINED ON THE SITE.

YOU ACKNOWLEDGE AND AGREE THAT YOU RELEASE DALLAS AFTERSCHOOL FOR ANY AND ALL LIABILITY FOR ANY NEGLIGENT ACT OR OMISSION, NEGLIGENCE, NEGLIGENT MISREPRESENTATION, NEGLIGENT HIRING, OR ANY OTHER RELATED CAUSES OF ACTION ARISING FROM THE USE OF THE DALLAS AFTERSCHOOL SITE OR ANY INFORMATION CONTAINED ON THE SITE.

DALLAS AFTERSCHOOL, ITS LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, OTHER THIRD PARTIES MENTIONED AT THIS SITE, SUBSIDIARIES AND AFFILIATES OR AGENTS OF ANY OF THEM DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY DALLAS AFTERSCHOOL SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE, ANY LINKED WEBSITES, ANY INFORMATION ON THE SITE, OR ANY AFTERSCHOOL PROGRAM. YOUR SOLE REMEDY AGAINST DALLAS AFTERSCHOOL, ITS LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, OTHER THIRD PARTIES MENTIONED AT THIS SITE, APPRENTICES, SUBSIDIARIES AND AFFILIATES OR AGENTS OF ANY OF THEM FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

Limited License for Use

All text, graphics, interfaces, music, artwork and computer code (“Content”), including but not limited to the design, structure, compilation, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Dallas Afterschool and its licensors, and is protected by copyright, patent and/or trademark laws, and various other intellectual property rights and unfair competition laws.

The Dallas Afterschool trademarks, including Dallas Afterschool and the Dallas Afterschool logo are owned by Dallas Afterschool and you may not copy or use any of the Dallas Afterschool trademarks for any purpose. All other trademarks not owned by Dallas Afterschool that appear on this Site are the property of their respective owners, who may or may not be affiliated with or connected to Dallas Afterschool.

Unless otherwise specified, the Content on the Site is for your personal and non-commercial use. You are granted a limited license to access the Site for that purpose only. You may not download (other than through page caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information or Content contained on, or obtained from, the Site without Dallas Afterschool’s express written consent.

Children

This Site is intended solely for users who are thirteen (13) years of age or older, and any registration by, use of or access to the Site by anyone under 13 is unauthorized, unlicensed and in violation of these Terms of Use. By using the Site, you represent and warrant that you are 13 or older and that you agree to and to abide by all of the terms and conditions of these Terms of Use.

Links to Other Sites

Dallas Afterschool does not make any representations regarding the availability and performance of any third party web sites to which Dallas Afterschool links. When you click external links, your browser automatically may direct you to a new web site that is not hosted or controlled by Dallas Afterschool. Dallas Afterschool is not responsible for the content, functionality, or privacy policies of these external sites.

DALLAS AFTERSCHOOL DOES NOT REVIEW OR ENDORSE ANY AFTERSCHOOL PROGRAM

DALLAS AFTERSCHOOL GATHERS INFORMATION ABOUT AFTERSCHOOL PROGRAMS IN DALLAS COUNTY, TEXAS TO PROVIDE A LISTING OF PROGRAMS AVAILABLE FOR CONSIDERATION BY THE COMMUNITY. THIS INFORMATION HAS BEEN COMPILED THROUGH SURVEY AND TELEPHONE CALLS; HOWEVER, YOU ACKNOWLEDGE THAT DALLAS AFTERSCHOOL:

  • DOES NOT INVESTIGATE OR VERIFY THE INFORMATION, THE AFTERSCHOOL PROGRAM, OR THE ORGANIZATIONS OPERATING ANY AFTERSCHOOL PROGRAM
  • DOES NOT OPERATE OR CONDUCT ANY OF THE LISTED AFTERSCHOOL PROGRAMS OR ORGANIZATIONS
  • DOES NOT ENDORSE THE LEGALITY, LEGITIMACY, VALIDITY, OR RELIABILITY OF ANY AFTERSCHOOL PROGRAM OR ORGANIZATION.
  • DOES NOT MAKE ANY GUARANTEES ABOUT ANY OF THE INFORMATION PRESENTED ON THE SITE, INCLUDING THE LOCATION, TIMES, AGES SERVED, ACTIVITIES, COST, OR QUALITY OF LISTED AFTERSCHOOL PROGRAMS OR ORGANIZATIONS.

WHERE APPROPRIATE, DALLAS AFTERSCHOOL WILL ENDEAVOR TO UPDATE THE INFORMATION ON THE SITE, BUT SHALL NOT BE LIABLE FOR ANY DELAY OR INACCURACIES RELATED TO SUCH UPDATES.

DALLAS AFTERSCHOOL STRONGLY ENCOURAGES YOU TO EVALUATE ANY AFTERSCHOOL PROGRAMS LISTED ON THE SITE TO INSURE THAT ANY SUCH AFTERSCHOOL PROGRAM MEETS THE NEEDS OF YOUR CHILD AND FAMILY, AND TO VERIFY THE ACCURACY OF ANY INFORMATION OBTAINED THROUGH THE SITE.

Conduct

You may not misuse the Site (including, without limitation, by hacking). You may not post or transmit to or from the Site or to any other user of the Site anything that (i) violates or is designed to violate any law (including, without limitation, copyright, trademark, or other intellectual property law), (ii) is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data, or other malicious software or harmful data), (iii) obtains or is designed to obtain personally identifiable information about another (including, without limitation, phishing messages or spyware), (iv) is designed or intended to annoy, abuse, threaten or harass Dallas Afterschool, its licensors, or any user of the Site (including, without limitation, spam messages or other offensive material), or (v) is otherwise harmful.

Dallas Afterschool takes no responsibility and assumes no liability for your conduct in connection with the Site.

Use of Forums

Forum users may post comments so long as the content is not illegal, obscene, threatening, defamatory, or otherwise injurious to third parties. Forum users represent and warrant that they own or otherwise control all of the rights to the posted content, that the content is accurate, that use of the content will not cause injury to any person or entity, and that they will indemnify Dallas Afterschool for all claims resulting from the content they supply.

Forum users who post comments grant Dallas Afterschool a nonexclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media, with or without the name under which the content was submitted.

Dallas Afterschool has the right but not the obligation to monitor and edit or remove any content. Dallas Afterschool takes no responsibility and assumes no liability for any content posted in the Discussion Forum.

Links from Other Sites

If you would like to link to the Site, you may only do so on the basis that you only link to, and do not replicate, the home page of the Site, subject to the following conditions:

  • You may not remove, distort or otherwise alter the size or appearance of Dallas Afterschool’s name and logo and may not otherwise use any of Dallas Afterschool’s trademarks displayed on the Site without express written permission from Dallas Afterschool.
  • You may not create a frame around the Site.
  • Links directly to the Site must be text-only and you may not use the Dallas Afterschool logo as a link without express written permission from Dallas Afterschool.
  • You may not in any way (i) imply that Dallas Afterschool is endorsing any products or services other than its own, (ii) imply or misrepresent any relationship with Dallas Afterschool, or (iii) present any false information about Dallas Afterschool.
  • You may not copy and reuse Content, information or material from the Site for use on your website.
  • Your website may not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
  • You agree that Dallas Afterschool assumes no liability or responsibility whatsoever for any content of any website that links to Dallas Afterschool’s Site or is linked to from Dallas Afterschool’s Site.

Dallas Afterschool reserves the right to revoke your right to link to the Site at any time and for any reason. You agree to fully indemnify Dallas Afterschool for any loss or damage suffered by Dallas Afterschool, its licensors, officers, directors, employees, other third parties mentioned at this Site, or agents of any of them for breach of this “Links from Other Sites” clause.

Disclaimers Regarding the Operation of the Site

Dallas Afterschool does not promise that the Site or any content, service or feature of the Site will be error-free or uninterrupted, or that your use of the Site will provide specific results. The Site and its content are delivered on an “as-is” and “as-available” basis. All information provided on the Site is subject to change without notice. Dallas Afterschool cannot and does not ensure that any files or other data you download from the Site will be free of viruses or contamination or destructive features. In no event shall Dallas Afterschool, its licensors, officers, directors, employees, other third parties mentioned at this Site, subsidiaries and affiliates or agents of any of them be liable or responsible in any way for any amount or kind of loss or damage that may result to you or a third party in connection with the Site in any way or in connection with the use, inability to use or the results of use of the Site. Dallas Afterschool further disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose.

The above disclaimers apply to any damages, liability or injuries caused by any failure of performance, error, infringement of any intellectual property right, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. Nothing in these Terms of Use shall exclude or limit Dallas Afterschool’s liability for any liability which cannot be excluded or limited under applicable law.

Dallas Afterschool reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Indemnity and Limitation of Liability

You agree to indemnify and hold Dallas Afterschool, its licensors, officers, directors, employees, other third parties mentioned at this Site, apprentices, subsidiaries and affiliates and agents of any of them harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Dallas Afterschool by any third party due to or arising out of or in connection with your use of the Site.

YOU AGREE THAT DALLAS AFTERSCHOOL’S MAXIMUM, CUMULATIVE, AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OF USE, THE CONTENT, THE SITE, AND/OR ANY ACTION OR OMISSION OF DALLAS AFTERSCHOOL IN CONNECTION WITH THE FOREGOING, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, SHALL NOT EXCEED $250.

Violation of These Terms of Use

You agree that Dallas Afterschool may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if Dallas Afterschool determines that you have violated these Terms of Use.

You agree that Dallas Afterschool may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) discontinuance or material modification of the Site or any service offered on or through the Site, or (3) unexpected technical issues or problems.

Applicable Law

You agree that any dispute arising in connection with the Site, including these Terms of Use, shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflicts-of-laws principles. You further agree that disputes arising in connection with the Site, including these Terms of Use, shall be subject to the exclusive jurisdiction of the courts for and in Dallas County, Texas, and you and Dallas Afterschool agree to submit to the exclusive personal jurisdiction and venue in such courts with respect to these matters.