This Web Site Terms of Service Agreement (the or these “Terms of Service”) is a binding legal contract between you (“You” either an individual or a legal entity) and The Lazarus House: a center for wellness (“Lazarus House”). The Terms of Service governs your access to and use of the web sites offered by Lazarus House including without limitation www.thelazarhouse.org web site and any software, programs, services, tools, features, databases, materials, content or information available through it or used in connection with it (collectively, the “Sites” and each individually a “Site”). By downloading, accessing or using any part of the Site you have accessed, You will be bound by the terms of these Terms of Service. If You do not agree to the terms of these Terms of Service, Lazarus House is not willing to grant You any right to use or access the Site. In such event, You are not granted permission to access or otherwise use the Site and are instructed to exit the Site immediately.
Lazarus House may change, add or remove portions of the Terms of Service at any time, which shall become effective immediately upon posting. It is your responsibility to review the Terms of Service prior to each use of the Site, and by continuing to use the Site, you agree to any changes.
SITE ACCESS AND USE LICENSE
The Site you have accessed and all of its contents as a whole and in part are protected by copyright, trademark, service mark, trade name and other intellectual property, and are owned or controlled by Lazarus House, its affiliates and licensors. The Site is licensed to you, not sold. Except for the limited license granted in these Terms of Service, Lazarus House and its licensors retain all right, title and interest in the Site and all proprietary rights in the Site, including copyrights, patents, trademarks and trade secret rights.
Lazarus House may change, suspend, or discontinue any aspect of the Site at any time.
1. GRANT OF LICENSE. Lazarus House grants You a personal, revocable, nontransferable, nonexclusive license to use the Site for personal, non-commercial purposes, conditioned on your continued compliance with the terms of these Terms of Service.
2. LIMITATIONS ON LICENSE. The license granted to you in these Terms of Service is restricted as follows:
-Limitations on Copying and Distribution. You may download or copy downloadable items displayed on the Site for personal, non-commercial use only, provided that you maintain all copyright, trademark and other notices contained therein.
-Limitations on Use. You may use and access the Site solely for your personal, non-commercial use. All use of the Site must be in accordance with the Terms of Service. You may not use, copy, store, reproduce, transmit, distribute, display, modify, alter, license, sublicense, or commercially exploit the Site or any contents, information, data or materials provided through the Site in any manner not expressly permitted by the Terms of Service or the Site. You may not assign, sublicense, rent, timeshare, loan, lease or otherwise transfer the Site, or directly or indirectly permit any third party to use or copy the Site. You may not: (i) use any “deep link”, “page scrape”, “robot”, “spider”, or other automatic device, program, script, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or in any way reproduce or circumvent the navigational structure or presentation of the Site to obtain or attempt to obtain any materials, documents, or information through any means not purposefully made available through the Site; (ii) attempt to gain unauthorized access to any portion or feature of the Site, including without limitation, the account of any other authorized user or any other systems or networks connected to the Site or to any server used by Lazarus House or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate or prohibited means; (iii) probe, scan, or test the vulnerability of the Site or any network connected to the Site, or breach the security or authentication measures on the Site or any network connected to the Site; (iv) reverse look-up, trace, or seek to trace any information on any other authorized user of or visitor to the Site; (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or systems or networks of Lazarus House or networks connected to the Site, (vi) use any device, software, or routine to interfere with the proper working of the Site or any transaction conducted on the Site, or with any other person’s use of the Site; (viii) use the Site to harvest or collect e-mail addresses or other contact information; (ix) market, co-brand, private label, separately distribute, resell or otherwise permit third parties to access and use the Site without the express, separate and prior written permission of Lazarus House; (x) create an intact reproduction of a page or pages of the Site into another website; or (xi) use the Site in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact Lazarus House.
-Non-Solicitation. You may not post or transmit through the Site any material which contains advertising or any solicitation with respect to products or services.
-Limitations on Reverse Engineering and Modification. You may not reverse engineer, decompile, disassemble, modify or create works derivative of the Site or any materials accessed through the Site,
- Proprietary Notices. You may not remove any proprietary notices (e.g., copyright and trademark notices) or labels from the Site or on any materials accessed through the Site.
-Compliance with Applicable Law. You are solely responsible for ensuring your use of the Site is in compliance with all applicable foreign, federal, state and local laws, and rules and regulations.
3. USER OBLIGATIONS. By downloading, accessing, or using the Site in order to view information and materials or submit Material (as defined below) of any kind, you represent that You: (i) are at least 18, or between the ages of 13 and 17 and using the Site with parental or legal guardian consent and supervision; (ii) are registered to the extent required, and have not been previously restricted, suspended or terminated by Lazarus House; and (iii) are not using another authorized user’s account without his/her permission.
4. LINKS TO OTHER SITES. Lazarus House may provide links, in its sole discretion, to other sites on the World Wide Web. Lazarus House is not responsible for the availability of these outside resources or their contents. Lazarus House expressly disclaims any responsibility for the content, materials, accuracy of information and/or the quality of the products or services provided by, available through, or advertised on these third-party sites, or the products or services provided by any third party.
5. LINKS TO THIS SITE. You may link to this Site provided that You do so in a way that indicates that the link is to the www.thelazarushouse.org website and is fair and not misleading. You may not integrate or make use of all or part of this Site in ways that would confuse or mislead visitors as to the nature and origin of this Site’s content.
6. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE. Lazarus House is committed to complying with copyright and related laws, and requires all users of the Site to comply with these laws. Accordingly, you may not store any material or content or use or disseminate any material or content though the Site in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by copyright law. Owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 to report alleged infringements. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Lazarus House to terminate use privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to Lazarus House by the copyright owner or the copyright owner’s legal agent.
If you believe that your work has been copied and posted using the Site in a way that constitutes copyright infringement, please contact Lazarus House at:
or by mail:
4106 Austin St.
Houston, Texas 77004
7. INDEMNIFICATION. You agree to indemnify, defend and hold Lazarus House and its affiliates and its and their respective governors, directors, officers, employees and agents harmless from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys’ fees and costs) arising out of your use of the Site.
8. TRADEMARK INFORMATION. The Lazarus House logo and name are federally protected and registered marks. All other trademarks displayed on this site or through links to other sites are the property of the respective trademark owners.
9. GENERAL. The Terms of Service constitutes the entire understanding and agreement between Lazarus House and You with respect to the Site and any transactions contemplated in these Terms of Service and supersedes all prior or contemporaneous oral or written communications with respect to the subject matter of the Terms of Service, all of which are merged in the Terms of Service. You may not modify, amend or alter in any way the Terms of Service. In the event any provision of these Terms of Service is found invalid or unenforceable pursuant to judicial decree, the remainder of the Terms of Service will remain valid and enforceable according to its terms. Any failure by Lazarus House to strictly enforce any provision of the Terms of Service will not operate as a waiver of that provision or any subsequent breach of that provision. The disclaimers and limitations of liability will survive any termination or expiration of the Terms of Service. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT IN THE EVENT ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES WILL REMAIN IN EFFECT.
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