TERMS AND CONDITIONS OF USE

Last updated May 10, 2018

These Terms and Conditions (“Terms”) apply to www.pecanstreet.org and any other website owned and operated by Pecan Street, on or accessible via  www.pecanstreet.org (individually, a “Website; collectively, the “Websites”), that either link to these Terms or for which no separate Terms are provided. The Privacy Policy accessible on the Websites is incorporated herein by reference and forms an integral part of these Terms.

Some of the Websites may have their own terms and conditions, and certain content on individual Websites may be subject to additional terms. By accessing any other Websites or content within the Websites, you agree to be bound by any additional terms or policies that govern use of each such Website or such content, and the Website Privacy Policy. To the extent that there are no terms and conditions provided on a Website, these Terms apply. If you do not accept these Terms, please do not use the Websites. Each time you use the Websites in the future, you agree to the Terms as they exist at the time of your use.

Please read these Terms carefully as they contain important information regarding your legal rights, remedies and obligations with respect to your use of the Websites, including but not limited to various limitations and exclusions, and indemnities.

By accessing or using the Websites, and the services available via the Websites, you signify that you have read, understand and agree to be bound by these Terms in all respects with respect to the Websites.  If you are not willing to be bound by each and every one of the Terms, you must cease using the Websites.

Definitions

For clarity and comprehension, we have defined certain words used in the Terms and on the Websites. Additional definitions are included elsewhere in the Terms.

“Content” means all materials and content, including designs, editorial, text, graphics, audiovisual materials, multimedia elements, photographs, videos, music, sound recordings, reports, documents, software, information, formulae, patterns, data and any other work.

“Pecan Street”, “we”, “us”, or “our” refers to Pecan Street Inc.

“Registered User” means a user who has registered and created an account to access features of any of the Websites.

“User” means all users of any of the Websites.

“you” means you as an individual user of any of the Websites.

Use

You agree:

  1. to only use the Websites in a manner consistent with these Terms and with applicable laws and regulations;
  2. not to intentionally block, remove, or otherwise obstruct the proper functioning and view of user interface and functionality;
  3. not to upload, post, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, limit the functionality of, or enable unauthorized access to the Websites;
  4. not to upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  5. not to forge headers, or manipulate source identifiers or otherwise attempt to disguise the origin of any content made available via the Websites;
  6. not to interfere or attempt to interfere with the proper working of the Websites or any activities conducted on the Websites; or bypass any measures we may use to prevent or restrict access to the Websites;
  7. not to access, collect or store personal data about other Users in connection with the prohibited conduct and activities described in these Terms.

No Guarantee of Reliability or Security

Pecan Street tries to provide accurate information through the Websites, but we do not guarantee, and are not responsible for, information you find on our Websites. Pecan Street does not endorse any particular third parties, or their sites, merely because we provide a link to their website.

To obtain access to certain services through the Websites (for example, Dataport), you may be given an opportunity to register for an account. As part of any such registration process, you will select a Login Name and password. You agree that the information you supply during that registration process will be accurate and complete and that you will not register using a fictitious name or under the name of another person. Pecan Street reserves the right to reject or terminate any Login Name that it deems offensive or unacceptable. You will be responsible for preserving the confidentiality of your password and will notify Pecan Street of any known or suspected unauthorized use of your account.

Ownership

The sting of words “Pecan Street” and our logo are registered trademarks of Pecan Street. Other trademarks, product names, company names, and logos appearing on the Websites may belong to other entities. User must obtain written permission from Pecan Street before copying or using any trademarks, product names, company names or logos from our Websites.

Content contained on our Websites are protected by copyrights, trademarks, trade secrets and other proprietary rights. These rights are valid and protected in all forms, media and technologies now existing or hereafter developed. In addition, the Websites are copyrighted as collective works under the US copyright laws, and Pecan Street owns a copyright in the selection, coordination, arrangement and enhancement of all Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or in any way exploit any of the Content, in whole or in part.

By posting or otherwise transmitting any information or other material to Pecan Street, you hereby grant Pecan Street a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform such materials (including, without limitation, ideas contained therein for new or improved products and services) by all means and in any media now known or hereafter developed, subject at all times to the provisions of these Terms protecting your privacy. You also grant to Pecan Street the right to use your name and other identifying information in connection with any materials submitted to public areas of the Websites in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Pecan Street for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.

Modification or False Representation of Content

If you modify or falsely represent content accessed through the Websites, you may not still claim that the source is Pecan Street.

Termination

If you do not wish to or cannot comply with these Terms, you must refrain from further use of the Websites. Pecan Street reserves the right to terminate or deny you access to Content on the Websites at any time for any other reason in its sole discretion. All provisions of these Terms, which by their nature should survive termination, shall survive termination including, without limitation, warranty disclaimers, indemnity, and limitations of liability.

Changes

Pecan Street reserves the right, at Pecan Street’s sole discretion, to change, modify, add, or delete portions of these Terms at any time and without further notice. It is your responsibility to regularly check this page to determine if there have been changes to the Terms.

Disclaimer of Warranties

THE INFORMATION PROVIDED AT OR THROUGH THE WEBSITES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER PECAN STREET NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE WEBSITES WILL BE UNINTERRUPTED OR ERROR FREE OR FREE FROM SERVICE DEGRADATION OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE AT OR THROUGH THE WEBSITES IS FREE FROM VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES.

The Websites may be temporarily unavailable for scheduled or unscheduled maintenance, equipment modifications or upgrades and for other reasons within and outside of the direct control of Pecan Street. You are responsible for implementing sufficient procedures to satisfy your particular requirements for the accuracy of information obtained through the Websites. Although Pecan Street employs security measures, Pecan Street cannot guarantee the security of the Websites or information provided through the Websites or that viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties will be detected or remediated by Pecan Street.

 Limitations on Liability

In no event will Pecan Street be liable with respect to any subject matter of these Terms under any contract, negligence, strict liability or other legal or equitable theory for: any special, incidental, or consequential damages; the cost of procurement of substitute products or services; or for interruption of use or loss or corruption of data.

General Representations

You hereby warrant that: your use of the Websites will be in strict accordance with the Websites Privacy Policy, these Terms, and all applicable laws and regulations; and your use of the Websites will not infringe or misappropriate the intellectual property rights of any third party.

If you are an individual, you represent and warrant that you have reached the age of majority in the jurisdiction in which you reside, and that you are in any event at least 18 years old.

If you are using the Websites on behalf of a corporation or other organization, you represent and warrant that you have the ability to agree to these Terms on behalf of such organization and all references to “you” throughout these Terms will include such organization, jointly and severally with you personally.

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. If any applicable law, rule or regulation prohibits you from accessing the Websites, you may not access them.  If you nevertheless access or use the Websites, you will still be bound by these Terms and shall have all the obligations, responsibilities and liabilities as if you were eligible to do so.

Indemnification

You agree to indemnify and hold harmless Pecan Street, its contractors, employees, agents, and the like from and against any and all claims and expenses including attorney’s fees, arising out of your use of the Websites, including but not limited to violation of any of these Terms.

Miscellaneous

These Terms constitute the entire agreement between Pecan Street and you concerning the subject matter hereof, and may only be modified by the posting of a revised version on this page by Pecan Street.

Interpretation

In these Terms, (i) the captions and headings are for convenience only and do not constitute substantive matter and are not to be construed as interpreting the contents of these Terms, (ii) the word “including”, the word “includes” and the phrase “such as”, when following a general statement or term (whether or not non-limiting language such as “without limitation” or “but not limited to” or other words of similar import are used with reference thereto), is not to be construed as limiting, and the word “or” between two or more listed matters does not imply an exclusive relationship between the matters being connected, and (iii) all references to Websites addresses or URLs will also include any successor or replacement Websites containing substantially similar information as the referenced Websites(s).

Disputes

Any disputes arising out of your access to or use of the Websites shall be governed by the laws of the State of Texas and of the United States of America, without regard to conflicts of laws principles which would apply the law of any other jurisdiction.

No Waiver Rights

Pecan Street’s failure to exercise or enforce any right or provision under these Terms shall not constitute waiver of such right or provision.