Terms and Conditions for access and usage of the website of Access the Dream. Please read these Terms and Conditions carefully before using this website. You should review these Terms and Conditions frequently as they may change at any time at our sole discretion.
ACCEPTANCE OF TERMS & CONDITIONS
Welcome to the Access the Dream website, owned and operated by Elizabeth Knox. This website is an online communication and information service provided byAccess the Dream. Access the Dream provides this service to you, subject to the following Terms & Conditions, which may be updated from time to time. All such updates will be posted on this website.
GENERAL TERMS & CONDITIONS
By accessing, browsing or using this website, all users and viewers acknowledge acceptance of the Terms and Conditions contained herein. If you do not accept these Terms and Conditions, please do not use, view or access this website. While Access the Dream does not have any actual knowledge of its users’ age, this website and its information are not directed towards children under the age of 13.
CONTENT LINKED TO THE ACCESS THE DREAM WEBSITE
Access the Dream may provide visitors to this website with access to outside online resources, including various communication tools, online forums, and services offered through links. Access the Dream encourages you to exercise discretion while using or accessing these links. THE CONTENT IN ANY LINKED WEBSITE(S) IS NOT UNDER THE CONTROL OF ACCESS THE DREAM AND ACCESS THE DREAM IS NOT RESPONSIBLE FOR SUCH CONTENT. You acknowledge and agree that Access the Dream shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance upon any content, information, goods or services, available on or through any such third party site or resource. Links to outside entities shall not be considered to be an endorsement of Access the Dream or its services by such third party entity.
This website may from time to time, in the sole discretion of Access the Dream allow visitors to post comments. No posting, messaging or other communication or forum service available or accessible from the Access the Dream website shall be used in any manner inconsistent with the following guidelines:
- No user shall post any content that may be unlawful, harmful, threatening, defamatory, abusive, harassing, tortious, vulgar, obscene, libelous, invasive of another person(s)’s privacy, offensive to another’s race, ethnicity, gender, sexual orientation, creed, religion, or otherwise objectionable.
- No user shall impersonate any other person(s) or entity(ies); or falsely state or misrepresent his/her affiliation with any other person(s) or entity(ies).
- No user shall disguise the origin of any content posted or transmitted through the website.
- No user shall post any content that he/she does not have the right to make available under any law or under contractual or fiduciary obligations (such as inside information, and/or proprietary and confidential information).
- No user shall post any information that infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any party.
- No user shall post any material that may contain software viruses, or any computer code, files or programs designed to interrupt, destroy or limit the functionality of the website, or of any computer software, hardware or telecommunications equipment.
- No user shall use the Access the Dream website to intentionally or unintentionally violate any local, state, national or international law, regulation, by-law or code.
- No user shall use the Access the Dream website to harm any minors in any way.
- No user shall use the Access the Dream website to collect or store personal data about other users.
- No user shall use the Access the Dream website to solicit or promote themselves or any person(s) or entity(ies) other than Access the Dream including but not limited to posting promotional materials, soliciting consumers or advertising.
By using the Access the Dream website, you agree that the misuse of this website is a serious violation that causes direct and material harm and damage to Access the Dream business, reputation, economic interests, and ability to provide services. You agree and acknowledge that Access the Dream and its designees, in their sole discretion, shall have the right (but not the obligation) to refuse or remove any content for any reason or no reason. You agree that Access the Dream or its designees, in their sole discretion, may delete any and all comments, disable the posting of comments function and/or terminate any user(s)’s access to the website or use of the services thereon, for any reason or no reason.
You understand that all information, data, text, opinions, or other content posted or communicated through the Access the Dream website, is the sole responsibility of the person posting the material, and not of Access the Dream. Access the Dream does not guarantee the accuracy, integrity or quality of any content posted or communicated by users of this website. Under no circumstances shall Access the Dream be liable in any way for any content, including, but not limited to, any errors or omissions, in any content, or any loss or damage of any kind incurred as a result of the use of any content. The views and opinions expressed by or posted by any user of the Access the Dream website are not approved by Access the Dream and do not necessarily represent the policies, opinions or views of Access the Dream.
By uploading or posting material on this website, you agree that you are granting Access the Dream a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed. You further represent and warrant that every submission to this Access the Dream website is unencumbered by an exclusive license, an assignment agreement, is ˜work-for-hire,” or subject to any other proprietary arrangement that would prohibit you from publishing the material.
MODIFICATION AND TERMINATION OF SERVICES
Access the Dream reserves the right at any time and from time to time to modify, suspend or discontinue any of the information or services provided on this website, including the right to terminate the website in its entirety, without notice. You agree that Access the Dream shall not be liable to you or to any third party for any modifications, suspension, discontinuation, or termination of any information or service on this website.
You acknowledge and agree that the website content, look, feel and features, as well as the information, services and any necessary software used in connection with the website, contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that any and all content contained or provided through the website is or may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as otherwise authorized by Access the Dream, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the services and information provided on this website, in whole or in part, directly or indirectly.
No portion of the Access the Dream website, including but not limited to any information, photographs, marks, product descriptions and/or images, may be duplicated, redistributed or manipulated in any form, without the express written consent of Access the Dream. Any and all printouts or downloads of material contained on the Access the Dream website must retain the proprietary notices and site address contained on the Access the Dream website.
All content, including any and all trademarks, service marks, designs, and logos and functionality on the website, including but not limited to the text, graphics, and images and the selection and arrangement thereof, is the exclusive property of Access the Dream and/or its licensors and is protected by applicable state, federal and/or international laws. All rights are reserved.
DISCLAIMER OF WARRANTIES
A. USE OF THE WEBSITE AND THE SERVICES ARE AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.
B. ACCESS THE DREAM DOES NOT WARRANT THAT: (1) THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS OR ERRORS IN THE WEBSITE, OR SERVICES WILL BE CORRECTED; (3) THE WEBSITE, OR THE SERVICES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) ANY INFORMATION CONTAINED IN THE WEBSITE, OR THE SERVICES WILL BE ACCURATE OR RELIABLE. ACCESS THE DREAM DISCLAIMS ANY AND ALL WARRANTIES, TO THE EXTENT ALLOWABLE BY LAW, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE AND COURSE OF DEALING.
C. This website is provided “AS IS” and Access the Dream assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any communications made through the Access the Dream website. Access the Dream reserves the right at any time and from time to time to modify or discontinue any service available through this website with or without notice. Access the Dream further reserves the right to discontinue any participant(s)’s use or participation on the website, for any reason or for no reason.
LIMITATIONS ON LIABILITY
A. NOTWITHSTANDING ANY TERM IN THIS AGREEMENT, OTHER OPERATING TERM SET FORTH BY ACCESS THE DREAM OR ANY ACT OR FAILURE TO ACT BY ACCESS THE DREAM, YOU ARE EXCLUSIVELY LIABLE FOR THE CONTENT OF EVERY MESSAGE AND SCREEN NAME YOU TRANSMIT VIA THE WEBSITE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ACCESS THE DREAM IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THIS WEBSITE.
B. IN NO EVENT SHALL ACCESS THE DREAM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ACCESS THE DREAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF ACCESS THE DREAM IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY ALLEGED DAMAGES OR INJURIES THAT MAY ARISE FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO ALTERATION OF, OR USE OF ANY PERSONAL INFORMATION OR OTHER RECORDS.
C. IN NO EVENT SHALL ACCESS THE DREAM BE LIABLE FOR ANY FAILURE, INTERRUPTION OR ERROR WITH RESPECT TO ANY ASPECT OF THE WEBSITE, INCLUDING THE AVAILABILITY OF ANY SITE FEATURE.
You hereby agree to indemnify and hold Access the Dream, its owners, officers, employees, agents and representatives, individually and collectively, harmless from all claims, liabilities, damages and expenses (including attorneys’ fees and expenses) arising out of or relating to: (A) your use of the website, or the services; or (B) any alleged breach of these terms and conditions by you.
CHOICE OF LAW; JURISDICTION; ATTORNEYS’ FEES
These terms and conditions will be governed by the laws of Texas applicable to contracts entered into and performed exclusively in that state. Any court of competent jurisdiction sitting within Dallas County will be the exclusive jurisdiction and venue for any dispute arising out of or relating to this Agreement. You hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue in any such court is not appropriate or convenient. To the extent available under applicable laws, Access the Dream will be entitled to recover its court costs and reasonable attorneys’ fees and expenses incurred in successfully proving any breach of any term of this Agreement.
These terms and conditions constitute the entire agreement between the parties and supersede all prior written or oral agreements or communications with respect to the subject matter herein. Access the Dream in its sole discretion may amend these Terms and Conditions, and your use of the website after such amendment is posted on the website will constitute acceptance of it by you. If any term in these Terms and Conditions is declared unlawful, void or for any reason unenforceable by any court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms. The section headings in these Terms and Conditions are for convenience only and must not be given any legal import.
By using the Website, you signify your agreement to the terms of these Terms and Conditions. If you do not agree to the terms in these Terms and Conditions, you must not use the Website. Access the Dream may change the terms of these Terms and Conditions at any time, and your use of the Website after such changes are posted will mean that you accept them.
If you have any questions or concerns, please contact us by e-mail at [email protected] or to the following mailing address:
PO Box 195664
Dallas, TX 75219