1. Acceptance of terms

The Texana Foundation provides a collection of online resources, and offers memberships, solicits contributions and sells products online ("the Services"), subject to the following terms of service ("TOS"). By using the Services in any way, you are agreeing to comply with the TOS. Should you object to any term or condition of the TOS, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Services in any way, your only recourse is to immediately discontinue use of the Services.

2. Modifications to this agreement

We reserve the right, at our sole discretion, to change, modify or otherwise alter the TOS at any time. Modifications become effective immediately upon their posting. You must review the TOS on a regular basis to keep yourself apprised of any changes.

3. Content

The foundation Web site and content available through the Services may contain links to other Web sites that are completely independent of the foundation. The foundation makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other Web sites is at your own risk.

4. Notification of claims of infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify the foundation's agent for notice of claims of copyright or other intellectual property infringement, at

contact@texanafoundation.org

or:

Copyright Claim
The Texana Foundation
18 Toepperwein Road
Boerne, TX 78006

Please provide our us with the following Notice:

a) Identification of the material on the foundation Web site that you claim is infringing, with enough detail so that we may locate it on the site;

b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

c) A statement by you declaring under penalty of perjury that (1) the above information in your notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;

d) Your address, telephone number, and email address; and

e) Your physical or electronic signature.

The foundation will remove the infringing material, subject to the procedures outlined in the Digital Millennium Copyright Act.

5. Privacy and information disclosure

The foundation has established a privacy policy to explain to users how their information is collected and used, which is located at the following Web address: http://www.texanafoundation.org/privacy.php

Your use of the foundation Web site signifies acknowledgement of and agreement to our privacy policy. You further acknowledge and agree that the foundation may, in its sole discretion, preserve or disclose your information, such as name, address, email address, IP address, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the TOS; respond to claims that any content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of foundation, its users or the general public; or otherwise as provided in our privacy policy.

6. DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF THE FOUNDATION WEB SITE, MEMBERSHIP IN THE FOUNDATION, CONTRIBUTION TO THE FOUNDATION, AND PURCHASES OF GOODS FROM THE FOUNDATION ARE ENTIRELY AT YOUR OWN RISK. THE FOUNDATION WEB SITE AND THE GOODS AND SERVICES OF THE FOUNDATION ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, THE FOUNDATION DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE FOUNDATION WEB SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE FOUNDATION DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE FOUNDATION WEB SITE, OR ACCESSED THROUGH ANY LINKS ON THE FOUNDATION WEB SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE FOUNDATION DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE FOUNDATION WEB SITE OR THE SERVICES. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

7. LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL THE FOUNDATION BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF THE FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR MEMBERSHIP IN THE FOUNDATION, YOUR CONTRIBUTION TO THE FOUNDATION, YOUR PURCHASE OF GOODS FROM THE FOUNDATION, OR YOUR USE OF THE FOUNDATION WEB SITE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE FOUNDATION WEB SITE, FROM INABILITY TO USE THE FOUNDATION WEB SITE, THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE FOUNDATION WEB SITE, OR FROM SOME OTHER CAUSE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE FOUNDATION WEB SITE OR THE SERVICES OR ANY LINKS ON THE FOUNDATION WEB SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE FOUNDATION WEB SITE OR THE SERVICES OR ANY LINKS ON THE FOUNDATION WEB SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

8. Indemnity

You agree to indemnify and hold the foundation, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of your use of the Services, your purchase or use of goods from the foundation, your membership in the foundation, your contributions to the foundation, your violation of the TOS, your breach of any of the representations and warranties herein, or your violation of any rights of another.

9. General information

The TOS constitute the entire agreement between you and the foundation and govern your use of the Services, superseding any prior agreements between you and the foundation. The TOS and the relationship between you and the foundation shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. You and the foundation agree to submit to the personal and exclusive jurisdiction of the courts located within Kendall County, Texas. The failure of the foundation to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the TOS must be filed within one year after such claim or cause of action arose or be forever barred.

10. Violation of terms

Please report any violations of the TOS by emailing to:

contact@texanafoundation.org

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

Notwithstanding any other provision of the TOS, the foundation retains the right to seek the remedy of specific performance of any term contained in the TOS, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in the TOS, or any combination thereof.

11. Feedback

We welcome your questions and comments on the TOS. Please contact us: contact@texanafoundation.org.