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Terms of Use

Last Updated: October 31, 2023

Please read the Terms of Use carefully before using the website. By accessing or using the website, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use the website.

Confidentiality and Privacy

We are committed to protecting the privacy of our visitors. However, due to the nature of Internet communications, it may be necessary for assistance support personnel to view communications and logs of activities as a part of their responsibilities. We may gather information and monitor our effectiveness in providing information, to answer visitor questions, and to improve the website. This regular monitoring does not provide us with personal information, such as names or addresses of users.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access the website so you are aware of any changes, as they are binding on you.

Intellectual Property Rights

The website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by RCF, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

The Rainwater Charitable Foundation name, the Tau Consortium name, the Tau Consortium logo, and all related names, logos, products and service names, designs, and slogans are trademarks of RCF or its licensors. You may not use such marks without the prior written permission of RCF. All other names, logos, product and service names, designs, and slogans on this website are the trademarks of their respective owners.

Reliance on Information Posted

The information presented on or through the website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the website, or by anyone who may be informed of any of its contents.
Although care has been taken in preparing the information contained in this website, all material that is provided here or could be reached by using this website as a starting point is supplied “AS IS” without warranty of quality or accuracy of any kind. Neither the Tau Consortium nor any author contributing to this site is responsible for any errors or omissions in any information provided or the results obtained from the use of such information. The views and opinions of the document authors do not necessarily state or reflect those of our supporters or affiliates.

Changes to Website

We may update the content on this website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the website may be out of date at any given time, and we are under no obligation to update such material.

Links

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express consent.

If the website contains links to other sites and resources provided by third parties, including social media websites and applications, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites or resources linked on this website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites and resources.

Geographic Restrictions

We provide this website for use only by persons located in the United States. We make no claims that the website or any of its content is accessible or appropriate outside of the United States. Access to the website may not be legal by certain persons or in certain countries. If you access the website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the website or any services or items obtained through the website or to your downloading of any material posted on it, or on any website linked to it.

Your use of the website, its content and any services or items obtained through the website is at your own risk. The website, its content and any services or items obtained through the website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither RCF nor any person associated with RCF makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the website. Without limiting the foregoing, neither RCF nor anyone associated with RCF represents or warrants that the website, its content or any services or items obtained through or in conjunction with the website will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components or that the website or any services or items obtained through the website will otherwise meet your needs or expectations.

RCF hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.

The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

Limitation Of Liability

In no event will RCF or its licensors, service providers, employees, agents, officers or trustees be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the website, any websites linked to it, any content on the website or such other websites or any services or items obtained through the website or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

Indemnification

You agree to defend, indemnify and hold harmless RCF, its licensors and service providers, and its and their respective officers, trustees, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the website, including, but not limited to any use of the website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the website.

Governing Law and Jurisdiction

All matters relating to the website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes and claims), shall be governed by and construed in accordance with the laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction). Any legal suit, action or proceeding arising out of or related to these Terms of Use or the website shall be instituted exclusively in the United States Federal District Court for the Northern District of Texas or the state courts located in Tarrant County, Texas, and you irrevocably submit to the exclusive jurisdiction of such courts in any such suit, action or proceeding and waive any objection based on improper venue or forum non conveniens. A final judgment in any such legal suit, action or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.

Waiver and Severability

No waiver by RCF of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of RCF to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and RCF with respect to the website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the website.

Your Comments and Concerns

If you have any feedback, comments, and other communications related to the website, please contact us at information@rainwatercf.org.

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