RELEASE AND DISCLAIMER OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT DASN IS NOT RESPONSIBLE FOR ANY INJURY OR LOSS ASSOCIATED WITH OR CAUSED BY ANY AFTERSCHOOL PROGRAM OR ORGANIZATION. YOU AGREE THAT DASN IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE RELATING TO OR RESULTING FROM, WHETHER DIRECTLY OR INDIRECTLY, THE USE OF THE DASN SITE OR ANY INFORMATION CONTAINED ON THE SITE.
YOU ACKNOWLEDGE AND AGREE THAT YOU RELEASE DASN FOR ANY AND ALL LIABILITY FOR ANY NEGLIGENT ACT OR OMISSION, NEGLIGENCE, NEGLIGENT MISREPRESENTATION, NEGLIGENT HIRING, OR ANY OTHER RELATED CAUSES OF ACTION ARISING FROM THE USE OF THE DASN SITE OR ANY INFORMATION CONTAINED ON THE SITE.
DASN, ITS LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, OTHER THIRD PARTIES MENTIONED AT THIS SITE, SUBSIDIARIES AND AFFILIATES OR AGENTS OF ANY OF THEM DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY DASN SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE, ANY LINKED WEBSITES, ANY INFORMATION ON THE SITE, OR ANY AFTERSCHOOL PROGRAM. YOUR SOLE REMEDY AGAINST DASN, ITS LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, OTHER THIRD PARTIES MENTIONED AT THIS SITE, APPRENTICES, SUBSIDIARIES AND AFFILIATES OR AGENTS OF ANY OF THEM FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
Limited License for Use
All text, graphics, interfaces, music, artwork and computer code (“Content”), including but not limited to the design, structure, compilation, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to DASN and its licensors, and is protected by copyright, patent and/or trademark laws, and various other intellectual property rights and unfair competition laws.
The DASN trademarks, including Dallas AfterSchool Network, DASN, and the DASN logo are owned by DASN and you may not copy or use any of the DASN trademarks for any purpose. All other trademarks not owned by DASN that appear on this Site are the property of their respective owners, who may or may not be affiliated with or connected to DASN.
Unless otherwise specified, the Content on the Site is for your personal and non-commercial use. You are granted a limited license to access the Site for that purpose only. You may not download (other than through page caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information or Content contained on, or obtained from, the Site without DASN's express written consent.
Links to Other Sites
DASN does not make any representations regarding the availability and performance of any third party web sites to which DASN links. When you click external links, your browser automatically may direct you to a new web site that is not hosted or controlled by DASN. DASN is not responsible for the content, functionality, or privacy policies of these external sites.
DASN DOES NOT REVIEW OR ENDORSE ANY AFTERSCHOOL PROGRAM
DASN GATHERS INFORMATION ABOUT AFTERSCHOOL PROGRAMS IN DALLAS COUNTY, TEXAS TO PROVIDE A LISTING OF PROGRAMS AVAILABLE FOR CONSIDERATION BY THE COMMUNITY. THIS INFORMATION HAS BEEN COMPILED THROUGH SURVEY AND TELEPHONE CALLS; HOWEVER, YOU ACKNOWLEDGE THAT DASN
DOES NOT INVESTIGATE OR VERIFY THE INFORMATION, THE AFTERSCHOOL PROGRAM, OR THE ORGANIZATIONS OPERATING ANY AFTERSCHOOL PROGRAM
DOES NOT OPERATE OR CONDUCT ANY OF THE LISTED AFTERSCHOOL PROGRAMS OR ORGANIZATIONS
DOES NOT ENDORSE THE LEGALITY, LEGITIMACY, VALIDITY, OR RELIABILITY OF ANY AFTERSCHOOL PROGRAM OR ORGANIZATION.
DOES NOT MAKE ANY GUARANTEES ABOUT ANY OF THE INFORMATION PRESENTED ON THE SITE, INCLUDING THE LOCATION, TIMES, AGES SERVED, ACTIVITIES, COST, OR QUALITY OF LISTED AFTERSCHOOL PROGRAMS OR ORGANIZATIONS.
WHERE APPROPRIATE, DASN WILL ENDEAVOR TO UPDATE THE INFORMATION ON THE SITE, BUT SHALL NOT BE LIABLE FOR ANY DELAY OR INACCURACIES RELATED TO SUCH UPDATES.
DASN STRONGLY ENCOURAGES YOU TO EVALUATE ANY AFTERSCHOOL PROGRAMS LISTED ON THE SITE TO INSURE THAT ANY SUCH AFTERSCHOOL PROGRAM MEETS THE NEEDS OF YOUR CHILD AND FAMILY, AND TO VERIFY THE ACCURACY OF ANY INFORMATION OBTAINED THROUGH THE SITE.
You may not misuse the Site (including, without limitation, by hacking). You may not post or transmit to or from the Site or to any other user of the Site anything that (i) violates or is designed to violate any law (including, without limitation, copyright, trademark, or other intellectual property law), (ii) is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data, or other malicious software or harmful data), (iii) obtains or is designed to obtain personally identifiable information about another (including, without limitation, phishing messages or spyware), (iv) is designed or intended to annoy, abuse, threaten or harass DASN, its licensors, or any user of the Site (including, without limitation, spam messages or other offensive material), or (v) is otherwise harmful.
DASN takes no responsibility and assumes no liability for your conduct in connection with the Site.
Use of Forums
Forum users may post comments so long as the content is not illegal, obscene, threatening, defamatory, or otherwise injurious to third parties. Forum users represent and warrant that they own or otherwise control all of the rights to the posted content, that the content is accurate, that use of the content will not cause injury to any person or entity, and that they will indemnify DASN for all claims resulting from the content they supply.
Forum users who post comments grant DASN a nonexclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media, with or without the name under which the content was submitted.
DASN has the right but not the obligation to monitor and edit or remove any content. DASN takes no responsibility and assumes no liability for any content posted in the Discussion Forum.
Links from Other Sites
If you would like to link to the Site, you may only do so on the basis that you only link to, and do not replicate, the home page of the Site, subject to the following conditions:
You may not remove, distort or otherwise alter the size or appearance of DASN's name and logo and may not otherwise use any of DASN's trademarks displayed on the Site without express written permission from DASN.
You may not create a frame around the Site.
Links directly to the Site must be text-only and you may not use the DASN logo as a link without express written permission from DASN.
You may not in any way (i) imply that DASN is endorsing any products or services other than its own, (ii) imply or misrepresent any relationship with DASN, or (iii) present any false information about DASN.
You may not copy and reuse Content, information or material from the Site for use on your website.
Your website may not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
You agree that DASN assumes no liability or responsibility whatsoever for any content of any website that links to DASN's Site or is linked to from DASN's Site.
DASN reserves the right to revoke your right to link to the Site at any time and for any reason. You agree to fully indemnify DASN for any loss or damage suffered by DASN, its licensors, officers, directors, employees, other third parties mentioned at this Site, or agents of any of them for breach of this “Links from Other Sites” clause.
Disclaimers Regarding the Operation of the Site
DASN does not promise that the Site or any content, service or feature of the Site will be error-free or uninterrupted, or that your use of the Site will provide specific results. The Site and its content are delivered on an “as-is” and “as-available” basis. All information provided on the Site is subject to change without notice. DASN cannot and does not ensure that any files or other data you download from the Site will be free of viruses or contamination or destructive features. In no event shall DASN, its licensors, officers, directors, employees, other third parties mentioned at this Site, subsidiaries and affiliates or agents of any of them be liable or responsible in any way for any amount or kind of loss or damage that may result to you or a third party in connection with the Site in any way or in connection with the use, inability to use or the results of use of the Site. DASN further disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose.
DASN reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Indemnity and Limitation of Liability
You agree to indemnify and hold DASN, its licensors, officers, directors, employees, other third parties mentioned at this Site, apprentices, subsidiaries and affiliates and agents of any of them harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against DASN by any third party due to or arising out of or in connection with your use of the Site.
You agree that DASN may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) discontinuance or material modification of the Site or any service offered on or through the Site, or (3) unexpected technical issues or problems.