PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY ALL OF THE FOLLOWING TERMS, PLEASE DO NOT ACCESS AND/OR USE THE WEBSITE. Use of this website (the “website”) is provided by The Houston-Effect, Inc. (“HEI”, “us” or “we”) subject to the following terms (this “Agreement”):
Copyrights and Trademarks
This website and all materials incorporated on this website (including, but not limited to text, photographs, graphics, video and audio content) are protected by copyrights, patents, trade secrets or other proprietary rights under laws of the United States and other countries. Some of the characters, logos or other images incorporated by HEI on this website are also protected as registered or unregistered trademarks, trade names and/or service marks or copyrights owned by or licensed to HEI or owned or licensed by others (“Trademarks”). You may not modify anything on this Website and no Trademark may be separately used. If you link to our web site, (i) you should not imply that we or any of our affiliates (for purposes of this Agreement only, “our affiliates” includes James Houston and Let’s Talk about Sex, the Film) are endorsing you or your products or services, (ii) you should not imply an affiliation between you and us or any of our affiliates, (iii) you should not misrepresent your relationship with us or any of our affiliates or present false or misleading impressions about HEI or our affiliates, and (iv) you agree to remove the link at any time upon our request pursuant to our reserved rights to rescind our consent to allow the link.
Change of Terms
We reserve the right to change the terms of this Agreement or to modify or otherwise alter any features of this website at any time and for any purpose without notice. Your continued use of the website will be deemed as an irrevocable acceptance of any such changes, modifications or alterations.
Restrictions on Use of Materials
You may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of this website. You may not distribute any part of this website over any network, including a local area network, nor sell or offer it for sale. Decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this website into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited. HEI respects the intellectual property rights of others and asks users of this website to do the same.
Disclaimer of Warranties
Your use of this website is at your own risk. This website and all the materials, information, software, services and other content in this website are provided “as is” and “as available” without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, HEI disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. HEI does not warrant that the functions contained in this website will be available, uninterrupted or error-free, that defects will be corrected, or that HEI’s websites or the servers that make them available are free of viruses or other harmful components. HEI does not warrant or make any representations regarding the use or the results of the use of the material, information, software, facilities, services or other content in this website or any sites linked to this website in terms of their correctness, accuracy, reliability, or otherwise. HEI makes no warranties that your use of the materials, information, software, facilities, service or other content in this website will not infringe the rights of others and HEI assumes no liability or responsibility for errors or omissions in such materials, information, software, facilities, service or other content of this website. If applicable law does not allow the exclusion of some or all of the above implied warranties to apply to you, the above exclusions will apply to you only to the extent permitted by applicable law.
Limitation of Liability
HEI does not accept any liability for any loss or damage (direct, indirect, punitive, actual, consequential, incidental, special, exemplary or otherwise) resulting from any use of, or inability to use, this website or the material, information, software, facilities, services or other content on this website, regardless of the basis upon which liability is claimed and even if HEI has been advised of the possibility of such loss or damage. If applicable law does not allow all or any part of the above limitation of liability to apply to you, the limitations will apply to you only to the extent permitted by applicable law.
Links To and From Other Sites
This website may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of HEI, and you acknowledge that (whether or not such sites are affiliated in any way with HEI) HEI is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by HEI or any association with its operators. HEI cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from HEI since other shop channels are owned and operated by others. HEI does not endorse any of the merchandise, nor has HEI taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. HEI does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.
If HEI believes, in its sole discretion, that a violation of these terms of this Agreement has occurred, it may block your use of this Website or take other actions it deems necessary or desirable. HEI may provide personally identifiable information in response to legal process, for example, in response to a court order or a subpoena. We also may disclose such information in response to a law enforcement agency’s request. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS HEI FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY HEI DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER HEI OR LAW ENFORCEMENT AUTHORITIES.
U.S. Based Use
HEI makes no representation that materials or other content in the website are appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access the website from other locations you do so on your own initiative and at your own risk and you are responsible for complying with local laws.
You agree to indemnify and hold harmless HEI, its directors, officers, shareholders, parents, subsidiaries, affiliates, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys” fees, resulting from your breach of any of the foregoing provisions. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
Applicable Law and Jurisdictional Matters
This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of New York, applicable to agreements entered into and to be performed entirely within New York. Any action you, we or any third party may bring to enforce this Agreement or, in connection with any matters related to the website shall be brought only in either the State or Federal Courts located in New York, New York, and you expressly consent to the exclusive jurisdiction of said courts.
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein.