Limitation of Liability

IN NO EVENT WILL THE ELEVATION STEM TEXAS (“ELEVATION”)  BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THE WEBSITE OR ANY USE OF THE WEBSITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THE WEBSITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF THE COUNCIL IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.

Website Links

The website contains links to other websites and to material contained on other websites. Elevation is not responsible for the content of such other websites and disclaims all liability in respect to such content and of any other websites or content which you may be able to access from the website.

Nonprofit Users and Posts

The following paragraphs apply only to Nonprofits or other users who have provided information for the Elevation to post on the Website:

You are responsible for providing accurate, current, and complete information in connection with your use of the website. You are solely responsible for any content, messages, photos, reviews, or profiles (collectively, “Content”) that you publish or display (hereinafter, “post”) on the website or transmit to other users of the website. You agree that you will not post on the website, or transmit to any other user(s), any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights and rights of privacy and publicity). You understand and agree that Elevation may review and delete any content that, in the sole judgment of Elevation, violates this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users of the website.

Content

Except as otherwise expressly noted, the website and all contents of the website are the intellectual property of the Elevation. You acknowledge that this content is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed. Elevation owns a copyright in the selection, coordination, arrangement, and enhancement of such intellectual property. Except as permitted by a separate written agreement between you and Elevation, 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 Elevation intellectual property, in whole or in part. The Elevation logo, and the Elevation STEM Texas name are registered trademarks of the Elevation. These, along with any other trademarks, service marks and logos used and displayed on the website are registered and unregistered trademarks of the Elevation. Nothing on the website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark displayed on the website, without the prior written permission of the Elevation. Fair use of the Elevation’s trademarks requires proper acknowledgment. Other product and company names mentioned in the website, if any, may be the trademarks of their respective owners.

All rights reserved.

Permissible Use

The website and all content on the website may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, mirrored, framed, or otherwise used or displayed, or used for the creation of derivative works, without Elevation’s prior written consent, except that the Elevation grants you a non-exclusive, non-transferable, limited and revocable permission to access and display the web pages within the website, for your personal, non-commercial (unless you have a business relationship with Elevation) use of the website. Elevation further grants you a limited, nonexclusive and revocable right to create a hyperlink to the website so long as the link does not portray Elevation, its affiliates, the nonprofits, or their respective products or services in a false, misleading, derogatory, or otherwise offensive manner. These permissions are conditioned on your not modifying the content displayed on this site, your keeping intact all copyright, trademark, and other proprietary notices, and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth on the website. You may not use the website in a manner that violates any local, state, national, foreign or international statute. You may not interfere with the functioning of the website or with other users’ use of the website in any way, including but not limited to modification of the website; attempting to gain access to unauthorized portions of the website; enabling high volume, automated, electronic processes that apply to the website or its systems, the content of the website or any portion or derivative thereof; or attempting to gain access to other accounts, computer systems, or networks connected to the website, whether through hacking, password mining, or any other means. You may not use the Elevation name, trademarks, services marks, or logos in any meta tags or any other “hidden text”; use data mining, robots, spiders, crawlers, scrapers, or similar automated or non-automated data gathering or extraction methods; or compile, repackage, disseminate, or otherwise use data extracted from the website. The website is not meant for use by minors. If you are a legal minor in your jurisdiction, please do not use the website, or access the website only under the supervision of a parent or legal guardian. Furthermore, the website does not knowingly solicit or collect information about children under the age of 13. Should Elevation learn that it has inadvertently collected information about a child under the age of 13, it will delete that information as soon as possible. Your failure to comply with the terms, conditions, and notices on this website will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. Except for the limited permission in the preceding paragraph, Elevation does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights.