1. Introduction
  • These terms and conditions shall govern your use of this site as well as of the site that brought you here. In total they are 2 websites.
  • By using our websites, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our websites.
  • If you use any of our websites, we will ask you to expressly agree to these terms and conditions.
  • Our websites uses cookies; by using our websites or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our cookies policy.
  1. License to use websites
  • You may:
    • View pages from our websites in a web browser;
    • Download pages from our websites for caching in a web browser;
    • Print pages from our websites;
    • Stream audio and video files from our websites; and
    • Use our websites services by means of a web browser, subject to the other provisions of these terms and conditions.
  • Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our websites or save any such material to your computer.
  • You may only use our websites for your own personal and business purposes, and you must not use our websites for any other purposes.
  • Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our websites.
  • Unless you own or control the relevant rights in the material, you must not:
    • Republish material from our websites (including republication on another websites);
    • Sell, rent or sub-license material from our websites;
    • Show any material from our websites in public;
    • Exploit material from our websites for a commercial purpose; or
    • Redistribute material from our websites.
  • We reserve the right to restrict access to areas of our websites, or indeed our whole websites, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our websites.
  1. Acceptable use
  • You must not:
    • Use our websites in any way or take any action that causes, or may cause, damage to the websites or impairment of the performance, availability or accessibility of the websites;
    • Use our websites in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
    • Use our websites to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
    • Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our websites without our express written consent;
    • Access or otherwise interact with our websites using any robot, spider or other automated means;
    • Violate the directives set out in the robots.txt file for our websites; or
    • Use data collected from our websites for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
  • You must not use data collected from our websites to contact individuals, companies or other persons or entities.
  • You must ensure that all the information you supply to us through our websites, or in relation to our websites, is true, accurate, current, complete and non-misleading.
  1. Limited warranties
  • We do not warrant or represent:
    • The completeness or accuracy of the information published on our websites;
    • That the material on the websites is up to date; or
    • That the websites or any service on the websites will remain available.
  • We reserve the right to discontinue or alter any or all of our websites services, and to stop publishing our websites, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any websites services, or if we stop publishing the websites.
  • To the maximum extent permitted by applicable law and subject to Section 11.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our websites and the use of our websites.
  1. Limitations and exclusions of liability
  • Nothing in these terms and conditions will:
    • Limit or exclude any liability for death or personal injury resulting from negligence;
    • Limit or exclude any liability for fraud or fraudulent misrepresentation;
    • Limit any liabilities in any way that is not permitted under applicable law; or
    • Exclude any liabilities that may not be excluded under applicable law.
  • The limitations and exclusions of liability set out in this Section 11 and elsewhere in these terms and conditions:
    • Are subject to Section 11.1; and
    • Govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
  • To the extent that our websites and the information and services on our websites are provided free of charge, we will not be liable for any loss or damage of any nature.
  • We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
  • We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
  • We will not be liable to you in respect of any loss or corruption of any data, database or software.
  • We will not be liable to you in respect of any special, indirect or consequential loss or damage.
  • You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the websites or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
  1. Breaches of these terms and conditions
  • Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
    • Send you one or more formal warnings;
    • Temporarily suspend your access to our websites;
    • Permanently prohibit you from accessing our websites;
    • Block computers using your IP address from accessing our websites;
    • Contact any or all your internet service providers and request that they block your access to our websites;
    • Commence legal action against you, whether for breach of contract or otherwise; and/or
    • Suspend or delete your account on our websites.
  • Where we suspend or prohibit or block your access to our websites or a part of our websites, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
  1. Variation
  1. We may revise these terms and conditions from time to time.
  2. The revised terms and conditions shall apply to the use of our websites from the date of publication of the revised terms and conditions on the websites, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
  1. Assignment
  • You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
  • You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
  1. Severability
  • If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
  • If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
  1. Third party rights
  • These terms and conditions are for our benefit, your benefit, and the benefit of our member practices and these terms and conditions are not intended to benefit or be enforceable by any other party.
  • The exercise of the parties’ rights under these terms and conditions is not subject to the consent of any third party.
  1. Entire agreement
  • Subject to Section 11.1, these terms and conditions, together with our privacy and cookies policies, shall constitute the entire agreement between you and us in relation to your use of our websites and shall supersede all previous agreements between you and us in relation to your use of our websites.
  1. Law and jurisdiction
  • These terms and conditions shall be governed by and construed in accordance with US laws.
  • Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of Austin, TX.