Terms Of Use

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Terms Of Use
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Welcome to the official Web site of Heroes On The Water, a 501(c)(3) non-profit organization headquartered in Allen, TX. Heroes On The Water (HOW) online properties are comprised of, but not limited to, all pages found under www.HeroesOnTheWater.org, including our official online merchandise store, hosted by Hook1– Kayak Fishing Gear (http://kayakfishinggear.com/HerousontheWater.aspx), and our individual Chapter web pages.  If you continue to browse and use this Website, you are agreeing to comply with and be bound by the following terms and conditions of use (the “Terms”), which, together with our Privacy Policy, governHeroes On The Water’s relationship with you as it relates to your use of this Website.

The term “Heroes On The Water,” “HOW,” “us,” or “we” refers to the owner of the website whose registered office is 101-C N Greenville Ave #55 Allen, TX 75002. Our company registration number is available upon request. The term “you” refers to the user or viewer of our website. The use of this website is subject to the following Terms.

HOW reserves the right to change or modify the Terms of Use at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Website. Your continued use of the Website following the posting of changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should periodically review the Terms from time to time. If you do not agree to the amended terms, you must stop using the website.

Privacy Policy
Please refer to our Privacy Policy for information on HOW Heroes On The Water collects, uses and discloses information it collects from the Website users.

Ownership and Restrictions on Use of Materials
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials contained on anyHOW site (collectively, the “Contents”) are copyrights, trademarks, trade dress, and/or other intellectual properties owned or controlled by Heroes On The Water.

The Contents of all HOW owned sites are intended solely for personal, noncommercial (other than for the purchase of merchandise from our site) use by the users of our site. You may view, copy, and print the Contents displayed on this site subject to the following conditions:

  • you use the material for noncommercial use only,
  • you keep intact all copyright and other proprietary notices,
  • you make no modifications to any materials,
  • you do not use the materials in a manner that suggests an association with any of our products, services, or brands, and
  • you do not download quantities of materials to a database that can be used to avoid future downloads from the HOW site or any Chapter web page.

For purposes of these terms, the use of any such material on any other Web site or computer environment is prohibited. No right, title, or interest in any downloaded Contents or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the site, or any related software.

Copyright and Trademark Information
HOW has the sole and exclusive right by virtue of its Congressional Charter, 36 U.S.C. § 80106 et. seq., to have and use all service marks, trademarks, emblems, badges, descriptive or designating marks, and other words now or heretofore used in carrying out its program and is the owner of the Heroes On The Water name, service mark, and trademark, and of all other associated names, marks, slogans, insignias, logotypes and designs, including but not limited to the distinctive FREEDOM CAPTURED. (hereinafter collectively identified as the “Intellectual Property”).

All other trademarks displayed on this site or through links to other sites are the property of the respective trademark owners.

Disclaimer of Warranties
The materials in this site are provided “as is” and without warranties of any kind either expressed or implied, to the fullest extent permissible pursuant to applicable law, Heroes On The Water disclaims all warranties or merchantability and fitness for a particular purpose. HOW does not warrant that the functions contained in the material will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. HOW does not warrant or make any representations regarding the use of or the result of the use of the material in this site in terms of their correctness, accuracy, reliability, or otherwise.

Site Contents
Information on any HOW web site is provided with the understanding that HOW is not rendering professional advice or recommendations. You should not rely on any information on these pages to replace consultations with qualified professionals to meet your individual needs.

 Inaccuracy Disclaimer
The material in this site could include technical inaccuracies, typographical errors, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.

Limitation of Liability
Under no circumstances, including, but not limited to, negligence, shall we be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of, or the inability to use, any HOW web site or a site that is linked to this site, even if we have been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. 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, for accessing this site.

Indemnification
You agree to defend, indemnify, and hold HOW harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the site.

Corporate Sponsors.
The website may contain links to third parties that sell, manufacture or promote products or services. Your business dealings or correspondence with, or participation in promotions of, third parties other than HOW, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. HOW is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the website.

User Comments, Feedback, Submissions, and Postings
All comments, feedback, submissions, or other information communicated to Heroes On The Water  through this site (collective, the “Submission”) will forever be the property of HOW.  Heroes On The Water will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product, or promotion ideas) and will not incur any liability as a result of any similarities that may appear in future HOW business. Heroes On The Water will be entitled to use the Submission for any noncommercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you own whatever material you submit, and use of your Submission by Heroes On The Water will not infringe or violate the rights of any third party.

Websites Linked From This Website
This site may be linked to other sites and services that are not maintained by Heroes On The WaterHeroes On The Water is not responsible for the content of those sites. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in sites listed on or otherwise linked to a HOW site. The inclusion of any link to such sites does not imply endorsement by Heroes On The WaterHeroes On The Water makes no representations whatsoever about any other Web site which you may access through this one.

Please exercise discretion while browsing the Internet. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. Please keep in mind that whenever you give out personal information online that information can be collected and used by people you don’t know. While Heroes On The Water strives to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk.

Websites Linking to This Website
If you would like to link another website to this website, you may only do so if you obtain HOW’s prior permission. Such link may not suggest or imply HOW’s endorsement or approval of any product, position, entity, or individual, or portray HOW  in a false, misleading, derogatory or otherwise defamatory manner, and the linking site may not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. Any right to link may be revoked at any time. You may not use the HOW logo or other proprietary graphic of HOW  to link to the Website without the express written permission of HOW. Further, you may not frame the Website without HOW’s express written consent. We reserve the right to disable links from third-party sites to any HOW site.

General Provisions
These Terms and Conditions will be governed and be interpreted pursuant to the laws of the State of Texas, United States of America, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this site shall be filed only in the federal courts located in Texas. If any part of these Terms of Use is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of this site for illegal purposes will be provided to law enforcement authorities. This is the entire agreement between the parties relating to the use of this site.

Heroes On The Water can revise these Terms of Use at any time by updating this posting.

Termination
These terms are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of all HOW web sites and destroying all Contents obtained from any and all such sites and all related documentation and all copies and installations thereof, whether made under these terms or otherwise. Your access to any and all HOW sites may be terminated immediately without notice from us if in our sole discretion you fail to comply with any term or provision of these terms. Upon termination, you must cease use of the HOW site and destroy all Contents obtained from such site and all copies thereof, whether made under these terms or otherwise.

How to Contact Us
If you have any comments or questions regarding our Terms of Use, you can contact us at:

Heroes On The Water
101-C N
Greenville Ave #55
Allen, TX 75002
Phone: 214.295.4541

E-mail:  Comments@HeroesOnTheWater.org

You can e-mail us your question and we will get back to you as soon as possible.
Thank you for visiting our site.

Copyright 2014 Heroes On The Water