Terms of Service

 

Welcome to the Pecan Street Inc. Website (“Website”). Pecan Street Inc. (“Pecan Street”), is a Texas non-profit corporation. This Website is a service of Pecan Street.

By accessing and/or using this Website, you agree to be bound by the terms of this Agreement. If you are using this Website on behalf of a business, that business accepts these terms. You agree to be bound by the Pecan Street Privacy Policy and all additional agreements governing content, data and services available through this Website. If you don’t accept the terms of this Agreement, please do not use this Website. Each time you use this Website in the future, you agree to the terms of the Agreement as it exists at the time of your use.

Use

You agree:

  1. to only use this Website in a manner consistent with the terms of this Agreement 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 by other users;
  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 this Website;
  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 this Website;
  6. not to interfere or attempt to interfere with the proper working of this Website or any activities conducted on this Website; or bypass any measures we may use to prevent or restrict access to this Website;
  7. not to access, collect or store personal data about other users in connection with the prohibited conduct and activities described in this Agreement.

No Guarantee of Reliability or Security

Pecan Street tries to provide accurate information through the Website, but we do not guarantee, and are not responsible for, information you find on our Website. 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 Pecan Street website (for example, Dataport), you may be given an opportunity to register for and 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, nor attempt to enter our site under the name of, another person. Pecan Street reserves the right to reject or terminate any Login Name that it deems offensive. 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

“Pecan Street” and our logo are registered trademarks of Pecan Street. All other trademarks, product names, and company names and logos appearing on this website are the property of their respective owners. User must obtain permission from those owners before copying or using the owner’s trademarks, product names and company names and logos.

The information, data, software, photographs, graphs, videos, graphics, music, sounds, page headers, custom graphics, button icons and other materials contained on this website (collectively, the “Content”) 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, this website is copyrighted as a collective work 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 this Agreement 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 website 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 this Website, you may not still claim that the source is Pecan Street.

Termination

If you wish to terminate this Agreement, you may do so by refraining from further use of this Website. Pecan Street reserves the right to terminate or deny you access to and use of content on this Website at any time for any other reason in its sole discretion. All provisions of this Agreement, 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 our sole discretion, to change, modify, add, or delete portions of this Agreement 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 of this Agreement.

Disclaimer of Warranties

THE INFORMATION PROVIDED AT OR THROUGH THIS WEBSITE 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 THIS WEBSITE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR FREE FROM SERVICE DEGRADATION OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE AT OR THROUGH THIS WEBSITE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES.

This website 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 this website. Although Pecan Street employs security measures, Pecan Street cannot guarantee the security of this website or information provided through this website 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 this Agreement 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 this Website will be in strict accordance with the Pecan Street Website Privacy Policy, this Agreement, all other agreements accessible through this Website, and all applicable laws and regulations; and your use of this Website will not infringe or misappropriate the intellectual property rights of any third party.

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 this Website, including but not limited to violation of this Agreement.

Miscellaneous

This Agreement constitutes 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.

Disputes

Any disputes arising out of this Agreement and access to or use of this Website 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 of this Agreement shall not constitute waiver of such right or provision.