Introduction

Thank you for visiting Houston Burners. Houston Burners (referred to herein as “HB,” “we,” “us,” or “our,”) is a Texas non-profit corporation that provides artistic and educational content such as seminars, classes, lessons, meetings, trips, camps, experiences, videos, podcasts, forums, blog posts and other content live and in-person,  over the internet through its website at www.houstonburners.org, and through other means such as, but not limited to, cellphone software applications and internet video distribution services, (taken together (the “Service”). Information contained within the Service may refer generally to all HB activities, or, as the context indicates, to specific jurisdictions or activities. The terms “you” and “your” refer to people using the Service.

The Service is offered to you conditional upon your acceptance without modification of all the terms, conditions, and notices set forth below, in the Privacy Policy also available within the Service, posting in any signs at any Project Location (defined below) and any separate agreements or riders you may be asked to sign (collectively, the “Agreement”). This agreement is a contract. As part of this Agreement,  you are releasing the Released Parties (defined below) from liability for any act or omission of Released Parties that may result in injury or death to you or loss of property. Please read the Agreement carefully and agree to it only if you fully understand it. HB may at any time, at its sole discretion, without notice to you, revise or otherwise modify the Agreement, and your continued access or use of the Service signifies your acceptance of the revised or modified Agreement.

CHOOSING TO USE THE SERVICE SIGNIFIES THAT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE CEASE USING THE SERVICE IMMEDIATELY.

Acknowledgement

You acknowledge that the Agreement is supported by reasonable and valuable consideration, the receipt of which is hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the Service, receipt of data, access to materials and information made available through the use of the Service, the possibility of our review, use or display of your Submissions (as defined below in the section labeled “Submissions To The Service”), and the possibility of publicity and promotion from our review, use or display of your Submissions.

Registration and Site Security

HB typically uses industry standard encryption technologies when transferring and receiving electronic consumer data exchanged with the Service. HB electronic forms typically use secure sockets layer encryption technology during data transmission in an effort to protect your communication and maintain your privacy.

HB does not knowingly reveal any sensitive personal or similar information (“personal information”) that is provided by our customers through the Service to any third parties that do not have agreements with us, except when requested to do so by a governmental agency having jurisdiction, or by a court of competent jurisdiction or other operation of law. We endeavor to keep all personal information provided by customers using our online forms secure, in accordance with legal requirements and practices customarily used in our industry, in an effort to prevent unauthorized use of personal information. Please refer to our Privacy Policy, incorporated as part of the Agreement, for more details.

By using the Service you agree to provide and maintain in our records, current and accurate personal information as indicated to you during our registration processes. If you provide any information which is inaccurate or outdated, or if we have reasonable grounds to question the truthfulness the information provided, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

You also agree to promptly notify us of any unauthorized use of your username, password, other account information or personal information, or any other breach of security that you become aware of involving or relating to the Service. In addition, you agree to properly exit or log off from your account at the end of each session.

YOU ACKNOWLEDGE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY AND ALL LOSSES AND DAMAGES RESULTING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION, AND THAT WE EXPRESSLY DISCLAIM ALL LIABILITY FOR SUCH LOSSES OR DAMAGES.

Restrictions of Use and Ownership of Intellectual Property

All information, content and materials contained in the Service and any intellectual property rights embodied therein are and shall remain the property of HB or its licensors and is protected under U.S. and International Copyright Law, trade dress laws and other applicable laws. Nothing in the Agreement shall be construed as granting or conferring any proprietary rights or interest to you. None of the information, content or material in the Service including, without limitation, any logo, graphic, sound or image, written material, business model, business process, website design and layout or any internet site owned, operated, licensed, or controlled by us may be copied, reproduced, imitated, republished, distributed, transferred, displayed, sold, resold, broadcast, stored, uploaded, posted, transmitted, licensed, decompiled, used to create derivative works, or distributed in any way without our express written permission. The use of any information, ideas, concepts, content or materials in the Service or computer environment without our express written permission (which may be withheld for any reason) is strictly prohibited by us and by law, and may result in severe civil and criminal penalties.

The Service is for your personal non-commercial use only, provided that you do not modify any information in the Service and you shall observe all copyright and other proprietary notices contained in the materials, or in the Service. Elements of the Service are protected by trade dress and other laws and may not be copied or imitated, in whole or in part. No written material, logo, graphic, sound or image from the Service may be copied or retransmitted unless expressly permitted by HB. You may not use the Service or its contents for commercial purposes or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.

Additionally, you agree not to:

  1. Access, monitor or copy any content or information located on the Service using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
  2. Violate the restrictions in any robot exclusion headers on the Service or bypass or circumvent other measures employed to prevent or limit access to the Service;
  3. Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
  4. Deep-link to any portion of the Service for any purpose without our express written permission; or
  5. “Frame”, “mirror” or otherwise incorporate any part of the Service into any other website without our prior written authorization.

We respect the intellectual property of others. If you believe that any element of the Service is using your work in a way that constitutes copyright infringement please contact us as described below.

If via email to:
admin@houstonburners.org with “Copyrights” in the subject line of the email

If via physical mail to:
Houston Burners
1814 Angeline St
Houston, TX 77005

Copyright notices must include the following information:

  1. A physical or electronic signature indicating you are the copyright owner or are authorized to act on behalf of the copyright owner;
  2. A description of the copyrighted work that you claim has been infringed upon;
  3. A description of where the material that you claim is infringing is located on the Site;
  4. Your address, telephone number, and e-mail address;
  5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Service Rules

By using the Service, you make the following warranties and representations and agree to abide by the following rules (without limitation of other provisions of the Agreement and applicable law):

  1. All information supplied by you on the Service is true, accurate, current, and complete.
  2. You are at least twenty-one (21) years of age, and you possess the legal authority to create a binding legal obligation.
  3. You will not use the Service or submit or transmit any information or communication that is in violation of the Agreement.
  4. You will not engage in (or attempt to engage in) any type of criminal activity within the Service.
  5. You will not submit or transmit any information or material that: (a) is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be an invasion of another’s right to privacy; (b) is offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (d) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them; (e) infringes or violates any right of a third party or any domestic or international law, rule or regulation including, but not limited to: (i) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (ii) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity rights; or (iii) any confidentiality obligation; or (f) does not comply with all terms and conditions applicable to Submissions.
  6. You own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to use, and to authorize us to use, distribute or otherwise exploit in all manners permitted by the Agreement (including, without limitation, Submissions), and you authorize us to so use, distribute or otherwise exploit, all copyrights, trademarks, patents, trade secrets, privacy and publicity rights (including, without limitation, names, likenesses and voices) and/or other proprietary rights contained in any user content, information or materials that you submit, post, upload, distribute or otherwise make available or transmit.
  7. You will not submit or transmit any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Service or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Service.
  8. You will not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity including, without limitation, using another person’s username, password or other account information or personal information, or another person’s name, likeness, voice, image or photograph.
  9. You will not delete any legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify.
  10. We cannot and do not assure that other users are or will be in compliance with the Service rules or any other provisions of the Agreement, and, as between you and HB, you hereby assume all risk of harm or injury resulting from any other person’s lack of compliance which causes you harm.
  11. To the extent that any feature on the Service requires you to submit your e-mail address in order to send an e-mail or message, you must, and you hereby agree to, furnish your actual e-mail address, as applicable.
  12. Any business use, “re-mailing,” or other high-volume application is strictly prohibited. You are not permitted to send e-mails or messages using an automated program. E-mails and mobile messages may not contain inappropriate language or images or copyrighted material (without the consent of the copyright holder) or encourage illegal activity. We reserve the right not to deliver e-mails messages that violate these guidelines.

Submissions to the Service

While we welcome comments and suggestions from our customers, unfortunately it is HB’s policy not to accept or consider unsolicited suggestions, ideas, or materials. The purpose of this policy is to avoid the possibility of misunderstandings when projects developed by HB may seem to others to be a product of their own creative work. We emphasize, please do not send us any unsolicited materials including, but not limited to, pitches, ideas, concepts, suggestions, photographs, drawings, videos, audiovisual works, and/or other similar materials (collectively, “Unsolicited Materials”).

If, despite our warnings, you send HB any Unsolicited Materials, by sending such Unsolicited Materials you will be deemed to have granted and assigned to us all right, title and interest in an to such Unsolicited Materials, including without limitation any ideas, methods and inventions contained therein, and HB and its affiliates, shall be entitled to use such Unsolicited Materials for any purpose whatsoever, commercial or otherwise, without compensation to you. If there is any doubt or ambiguity about whether there has been an actual submission of Unsolicited Materials, such materials shall be collectively and conclusively deemed to be a “Submission” for purposes of the Agreement.

By submitting Unsolicited Materials to HB, you hereby appoint HB as your agent with the power to enter into and execute any contract, document, and/or do any act that HB considers appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in the Agreement.

You agree that any Unsolicited Materials you submit are not being provided in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and HB in any way. To the extent any “moral rights,” “ancillary rights,” or similar rights in or to the Unsolicited Materials exist and are not exclusively owned by HB, you agree not to enforce any such rights against HB or our licensees, distributors, agents, representatives and other authorized users.

Dues

Certain aspects of the Service are provided for a fee or other charge. These fees and charges are described in the Service, and in the event you elect to use fee-based aspects of the Service, you agree to the fee policies specified in the Service, which are hereby incorporated herein. We may add new aspects of the Service for additional fees and charges, or proactively amend fees and charges for existing aspects of the Service, at any time in our discretion. You agree to pay all applicable fees or charges assessed to your account. You may be required to provide the Service with valid credit card information as a condition to signing up for fee-based aspects of the Service. Where relevant, the Service’s fees include taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of any taxes, levies or duties no so included. All fees for the Service are non-refundable. HB may automatically renew your subscription to a particular fee-based aspect of the Service by billing your credit card. The renewal fee shall be HB’s then current fee for the fee-based aspect of the Service for which you were enrolled in the prior billing period. If timely payment is not received or cannot be charged to your credit card for any reason, HB has the right to immediately suspend or terminate your access to the fee-based aspects of the Service.

Membership

By creating an account at www.houstonburners.org and selecting one of the membership options there, you are applying to become a member of Houston Burners. Such members are non-voting members of Houston Burners, a Texas non-profit corporation. Houston Burners has its management vesting in the corporation’s board of directors as described in Section 22.201 of the Texas. Business Organizations Code. Membership in Houston Burners will have such rights and privileges as the corporation’s board of directors and officers may determine in their sole discretion, and such membership may be withdrawn by the corporation’s board of directors and officers at any time for any reason.

Warehouse, Art Car and Camp Release

When used in this Agreement, the term “Project” means the construction, storage, transportation, and operation of a mechanical or any other art project, as well as any activity of Houston Burners. The “Project Location” means 2016 Johanna Dr #2, Houston, TX 77055, and any location where the Project occurs both now and in the future.

You release the following persons, who are called the “Released Parties:” (i) Houston Burners and every manager, officer, director, representative, heir, successor, assigns, employee, volunteer, attorney, and agent of Houston Burners; (ii) The Project Location and every owner, manager, officer and agent of the Project Location including their agents, heirs, successors, assigns and representatives; (iii) every other person who is present at or involved in the Project, whether legally or illegally; (iv) every person or legal entity with whom the Project or the Project Location has: contracted or engaged to perform services related to the Project; purchased supplies or equipment; or constructed improvements upon or altered the Project or Project Location; and (v) any lessee or contractor of the Project.

YOU ARE RELEASING THE RELEASED PARTIES FROM LIABILITY TO YOU FOR THEIR NEGLIGENCE. YOU HEREBY RELEASE EACH OF  THE RELEASED PARTIES FROM CLAIMS, LOSSES, DAMAGES, EXPENSES, COSTS (INCLUDING ATTORNEY’S FEES) OR LIABILITY (COLLECTIVELY “CLAIMS”) FOR OR ARISING OUT OF THEIR ACTS AND OMISSIONS, EVEN IF THE CLAIM RESULTS FROM ANY OF THE RELEASED PARTIES’ SOLE OR CONCURRENT NEGLIGENCE, THAT OCCURS OR HAS OCCURRED ON OR NEAR THE PROJECT LOCATION OR FOR ANY PURPOSE PARTICIPATING IN THE PROJECT, INCLUDING DEATH, LOSS, DAMAGE, EXPENSE AND COST, TO YOU AND TO ANY PERSON DERIVING RIGHTS FROM YOU, SUCH AS YOUR SPOUSE OR CHILDREN.

The activities of the Project may be very dangerous and involve the risk of serious injury, death, and/or property damage. No list can include each and every accident or misfortune that can possibly occur to you or your property from the Project. The dangers and risks include injuries that might arise from any of the following, any misuse or negligence include but are not limited to the following, and any natural occurrence of the following:

Poisonous snakes, reptiles, spiders, insects, which may carry diseases such as Zika and West Nile viruses, microorganisms, bacteria and parasites; injured, diseased or startled animals; wild animals; and domestic animals, including any dogs.

Open fires that may result in burn injuries.

Cutting, grinding, welding, and other tools that may be used properly or improperly in such a way that result in injury to you.

Material being used on the Project and/or stored at the Project Location that may fall onto you or be knocked into you or that you may stumble upon that cause injury.

Motorized vehicles operating on and off paved roads and carrying passengers who may fall off of or be hit by said vehicles.

Uneven ground, holes, loose ground, rocks, and ditches; pipes; uneven roads, muddy spots and man-made changes to the terrain; standing, running, detained and deep water; sharp brush and branches, distance or inaccessibility of the Project Location from hospital and emergency medical services; exposure to cold, heat, rain, sun, flash flood, lightning, strong winds, and tornados.

Other trespassers and persons on adjoining properties who may injure you, whether accidentally or intentionally; theft or vandalization of your personal property.

Water, irrigation, oil and gas, and electric lines, pumps, agricultural and farm improvements and implements; water tanks; wires; fences; indoor appliances; camp stoves; fuel tanks; and improvements made by other persons having a right to use the Project Location.

Exposure to virus, pandemic, or other disease or malady.

Giving or failing to give emergency medical care or “first aid;” any transportation of or failure to transport you to obtain emergency medical services; the absence of available emergency care; absence of persons trained in cardio-pulmonary resuscitation (CPR) and the absence of defibrillators or other emergency devices; equipment, drugs or supplies.

No Released Party is making any promise or warranty to you as to the safety of the activity in which you choose to engage. You are assuming the risk of injury and death by being present at the Project Location or for any purpose participating in any way in the Project. No Released Party is supervising the activity or behavior of any person involved in the Project or at the Project Location, including other Released Parties. You accept the condition of the Project and Project Location “AS IS.” You agree that no Released Party has any duty to warn of any dangerous conditions. By agreeing to this Agreement, you declare that your decision to do so was not based on any promise, representation, or inference to the contrary by any Released Party.

You are responsible for your own safety and the safety of other persons involved in the Project and present at the Project Location with you. You agree to follow all Project and Project Location rules that are given to you and to use reasonable judgment in your activities. You also agree not to injure any other person involved in the Project, not to litter, not to waste any resource of the Project, and not to steal, borrow, harm, injure or damage any Project improvements or equipment. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD EACH RELEASED PERSON HARMLESS FROM ANY CLAIM RESULTING FROM OR ARISING OUT OF YOUR FAILURE TO OBSERVE AND PERFORM YOUR OBLIGATIONS IN THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM ASSERTED BY A PERSON CLAIMING TO DERIVE RIGHTS THROUGH YOU. YOU AGREE THAT YOU WILL NOT SUE OR BRING ANY CLAIM AGAINST ANY RELEASED PARTY FOR ANY CLAIM THAT YOU HAVE RELEASED IN THIS AGREEMENT. YOU FURTHER AGREE TO INDEMNIFY, DEFEND, AND HOLD EACH RELEASED PARTY HARMLESS FROM ANY CLAIMS RESULTING FROM YOUR NEGLIGENT OR INTENTIONAL ACTS OR OMISSIONS.

You are agreeing to this Agreement in order to obtain permission to enter the Project Location or for any purpose participate in any way in the Project. This permission partially constitutes the consideration for this Agreement. You specifically intend to include all Released Parties as beneficiaries of this Agreement even though they may not be specifically listed by name and although they may not agree to this Agreement. By agreeing to this Agreement, you acknowledge that there are many other places where you are free to participate in similar activities where the signing of this Agreement would not be required, but you have freely chosen to participate in such activities of the Project and at the Project Location where your agreeing to this Agreement is required.

You acknowledge that you have read each of the pages of this Agreement, you understand it thoroughly, you agree with its content and warning of potential hazards and injury which may result from being permitted to enter the Project Location or for any purpose participate in any way in the Project. You agree to release the Released Parties from all liability resulting from your actions, or the actions of other people, and to assume full responsibility for any injury, death or property damage which you may sustain or cause during the Project.

You acknowledge that you are giving up important legal rights by contractually agreeing not to sue or make Claims against the Released Parties. You agree that you have been given the opportunity to seek an attorney’s opinion before agreeing to this Agreement, and if you have not done so, it is because you have freely chosen not to do so, and no one has said or implied to you that such counsel is not necessary. You realize that attorneys should be consulted prior to signing or agreeing to contracts and this Agreement is a contract.

Third Party Sites

You acknowledge that when visiting the Service, you may be directed to other websites not under the control of HB. For example, if you click on an advertisement, pop-up, or search result, that click may take you off the Service. You acknowledge that when you click on a link which directs you to a site other than the Service, your arrival site will not be controlled by HB and any terms of use or policies associated with such site may apply. You also acknowledge that HB will not be responsible for your use, content and terms of use of any such websites.

We make no representations concerning the content of sites listed in any of our directories. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in sites listed in our search results or otherwise linked to the Service. However, if you believe that a third party site accessed from the Service is using your work in a way that constitutes copyright infringement please contact us as described in the “Restrictions of Use and Ownership of Intellectual Property” section above.

Disclaimer; Limitation of Liability

HOUSTON BURNERS DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULT THAT YOU MAY OBTAIN USING THE SERVICE OR THE INFORMATION, CONTENT AND MATERIALS CONTAINED IN THE SERVICE. THE INFORMATION, CONTENT AND MATERIALS IN THE SERVICE IS PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING WITHOUT ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND INCLUDING, WITHOUT LIMITATION AS TO ANY PRESENT OR FUTURE EXISTENCE OR FUNCTIONALITY OF ANY PROCESS OR APPLICATION. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN INFORMATION, CONTENT AND MATERIALS ON THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICE OR THE SERVERS THAT MAKE SUCH INFORMATION, CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE LIABILITY FOR THE SELECTION AND USE OF THE SERVICE, AND HOUSTON BURNERS SHALL HAVE NO LIABILITY FOR ANY ERRORS, MALFUNCTIONS, DEFECTS, OR LOSS OF DATA RESULTING FROM OR RELATED TO YOUR USE OF THE SERVICE. YOU ACKNOWLEDGE THAT THIS DISCLAIMER SHALL SURVIVE THE TERMINATION OF YOUR USE OF THE SERVICE OR HOUSTON BURNERS’ TERMINATION OF THE AGREEMENT.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, HOUSTON BURNERS‘ OWN NEGLIGENCE, SHALL HOUSTON BURNERS, OUR LICENSORS, LICENSEES, DISTRIBUTORS, AGENTS, REPRESENTATIVES AND OTHER AUTHORIZED USERS, AND EACH OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS, AND ALL OF THE FOREGOING ENTITIES’ RESPECTIVE OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES AND ASSIGNS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THE SERVICE OR CONTENT, MATERIALS OR FUNCTIONS ON THE SERVICE, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE SERVICE. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR USE OF THE SERVICE OR HOUSTON BURNERS’ TERMINATION OF THE AGREEMENT.

MOREOVER, UNDER NO CIRCUMSTANCES SHALL HOUSTON BURNERS, OUR LICENSORS AND LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR ANY REASONS BEYOND THE REASONABLE CONTROL OF US OR OUR LICENSORS AND LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR USE OF THE SERVICE OR HOUSTON BURNERS’ TERMINATION OF THE AGREEMENT.

YOU FURTHER ACKNOWLEDGE AND AGREE THAT NEITHER HOUSTON BURNERS, OUR LICENSORS AND LICENSEES, NOR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS ARE RESPONSIBLE OR LIABLE FOR (A) ANY INCOMPATIBILITY BETWEEN THE SERVICE AND ANY WEBSITE, SERVICE, SOFTWARE OR HARDWARE OR (B) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE WITH ANY TRANSMISSIONS OR TRANSACTIONS RELATING TO THE SERVICE IN AN ACCURATE OR TIMELY MANNER. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR USE OF THE SERVICE OR HOUSTON BURNERS’ TERMINATION OF THE AGREEMENT.

HOUSTON BURNERS IS NOT RESPONSIBLE FOR TECHNICAL, HARDWARE OR SOFTWARE FAILURES OF ANY KIND, LOST OR UNAVAILABLE NETWORK CONNECTIONS, OR INCOMPLETE, GARBLED OR DELAYED COMPUTER TRANSMISSIONS. UNDER NO CIRCUMSTANCES WILL HOUSTON BURNERS OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES OR INJURY THAT RESULT FROM THE USE OF THE MATERIALS ON THE SERVICE. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR USE OF THE SITE OR HOUSTON BURNERS’ TERMINATION OF THE AGREEMENT.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THE AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR THE EXCLUSION, LIMITATION, OR DISCLAIMER LIABILITY FOR THE CERTAIN PROVISIONS SET FORTH IN THE AGREEMENT, SO SUCH EXCLUSIONS, LIMITATIONS OR DISCLAIMERS MAY NOT APPLY TO YOU.

Indemnification

You are entirely responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold HB, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities’ respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, affiliates, representatives and assigns harmless from and against any and all losses, damages, liabilities and costs (including, without limitation, settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the indemnified persons and entities in connection with any claim arising out of any breach by you of the Agreement or claims arising from your account(s). You shall use your best efforts to cooperate with HB, in the defense of any claim. HB, reserves the right, at HB’s own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Governing Law, Jurisdiction, Venue and Headings

You acknowledge and agree that the Agreement, and any and all transactions entered into using the Service, shall be governed by the laws of the State of Texas without regard to its choice of law provisions. By utilizing the Service, you further acknowledge and agree that any dispute or claim resulting from use of the Service or the content thereof shall be subject to the exclusive jurisdiction of the state and federal courts located in Harris County, Texas, submit to the exclusive jurisdiction of such courts with regard to any such dispute or claim, and waive any and all objections to the exclusive jurisdiction of such courts. If a provision of the Agreement is held invalid or unenforceable under any applicable law, such invalidity or unenforceability shall attach only to such provision or part thereof and the remaining part of such provision and all other provisions hereof shall continue in full force and effect. Further, all terms and conditions of the Agreement shall be deemed enforceable to the fullest extent permissible under applicable law, and when necessary, the court is requested to reform any and all terms or conditions to give them such effect. This provision shall survive the termination of your use of the Service or HB’s termination of the Agreement. Section headings contained in this agreement are for reference purposes only and will not affect in any way the meaning  or interpretation of this Agreement.

No Partnership

You agree that no joint venture, partnership, employment, or agency relationship exists between you and HB as a result of your use of the Service or the Agreement.

Changes to the Agreement and the Service

WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO CHANGE, MODIFY, ADD OR DELETE PORTIONS OF THE AGREEMENT AT ANY TIME WITHOUT NOTICE, AND IT IS YOUR RESPONSIBILITY TO REVIEW THE AGREEMENT FOR ANY CHANGES. YOUR USE OF THE SERVICE FOLLOWING ANY AMENDMENT OF THE AGREEMENT WILL SIGNIFY AND CONSTITUTE YOUR ASSENT TO AND ACCEPTANCE OF SUCH REVISED AGREEMENT.

WE RESERVE THE RIGHT TO MODIFY OR CHANGE THE SERVICE INCLUDING WITHOUT LIMITATION ANY OF THE CONTENT, INFORMATION OR MATERIALS APPEARING ON OR AVAILABLE THROUGH THE SERVICE FOR ANY REASON WHATSOEVER AND WITHOUT PRIOR NOTICE TO YOU.

Termination

The Agreement is effective until terminated by us for any reason in our sole and absolute discretion. You may terminate the Agreement at any time by discontinuing use of the Service and destroying all materials obtained from the Service and all related documentation and all copies and installations thereof, whether made under the Agreement or otherwise. In the event that you terminate the Agreement, you agree to notify us of such termination by sending notice of such termination by certified United States mail, postage
pre-paid to:

Houston Burners
1814 Angeline St
Houston, TX 77009

We may immediately terminate the Agreement with respect to you (including your access to the Service) without cause and without notice to you in our sole discretion. Upon termination, you must cease use of the Service and destroy all materials obtained from the Service and all copies thereof, whether made under the Agreement or otherwise.

We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of users who are repeat infringers of copyright.

The provisions of the Agreement, which by their nature should survive the termination of the Agreement, shall so survive such termination.

 Entire Agreement and Reservation of Rights

This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and HB with respect to the Service, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and HB with respect to the Service. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Any rights not expressly granted herein are reserved.


Last updated 9 June 2020