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TERMS AND CONDITIONS
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. BY ACCESSING OR USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS SITE.
This site is operated by Ray Lopez Campaign (together with any affiliates, “Ray Lopez Campaign,” “we,” or “us”). These Terms & Conditions (“Terms”) apply solely to your access to, and use of, the website operated by Ray Lopez Campaign and other websites, mobile sites, and other online services which link to these Terms and are operated by Ray Lopez Campaign (the “Sites”).
We reserve the right to change or modify any of the terms and conditions contained in the Terms at any time and in our sole discretion. Any changes or modifications will be effective immediately upon posting of the revisions on the Sites, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Sites following the posting of changes or modifications will confirm your acceptance of such changes or modifications.
All questions or comments about the Sites or site content should be directed to info@lopezfortexas.com.
Copyright and Limited License. Unless otherwise indicated in the Sites, the Sites and all content and other materials on the Sites, including, without limitation, Ray Lopez Campaign’s logo, and all designs, text, graphics, pictures, information, data, software, tools, widgets, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of Ray Lopez Campaign or its licensors or users and are protected by U.S. and international copyright laws. You are granted a limited, non-sublicensable license to access and use the Sites and the Site Materials intended by us for your use for your informational, non-commercial and personal use only. Such license is subject to the Terms and does not include: (a) any resale or commercial use of the Sites or the Site Materials therein; (b) the reproduction, distribution, public performance or public display of any Site Materials, except as expressly permitted on the Site; (c) modifying or otherwise making any derivative uses of the Sites or the Site Materials, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Sites, the Site Materials or any information contained therein, except as expressly permitted on the Sites; or (f) any use of the Sites or the Site Materials other than for their intended purpose. Any use of the Sites or the Site Materials other than as specifically authorized herein, without the prior written permission of Ray Lopez Campaign, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
Trademarks. All logos and slogans contained in the Sites are trademarks of Ray Lopez Campaign, its suppliers or licensors, or other third parties and may not be copied, imitated or used, in whole or in part, without the prior written permission of Ray Lopez Campaign or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Ray Lopez Campaign” or any other name, trademark or product or service name of Ray Lopez Campaign without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Ray Lopez Campaign and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Sites are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us. You may not use a Ray Lopez Campaign logo or other proprietary graphic of Ray Lopez Campaign to link to these Sites without the express written permission of Ray Lopez Campaign. Further, you may not use, frame or utilize framing techniques to enclose any Ray Lopez Campaign trademark, logo or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page on the Sites without Ray Lopez Campaign’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Ray Lopez Campaign or any third party.
Third-Party Sites, Functionality and Content. The Sites may make third-party information, advertisements, promotions and other content available on or through the Sites (“Third Party Content”). Our Sites also may link or otherwise provide access to third-party websites and other products and services outside our control (collectively, “Third Party Products and Services”). These Third Party Products and Services may include, for example, event and volunteer registration and management, donation and payment functionality, and other features, functionalities, and services powered by third parties. Ray Lopez Campaign does not endorse, adopt, sponsor, recommend, or otherwise accept responsibility for any Third Party Content or Third Party Products and Services, and we make no representation or warranties of any kind regarding them. These Third Party Products and Services and Third Party Content are not under the control of Ray Lopez Campaign, and Ray Lopez Campaign is not responsible for their content, quality, nature, reliability, privacy, data security or other practices or their handling of information you make available to them. Your business dealings with these third parties, and any terms, conditions, warranties or representations associated therewith, are solely between you and such third parties. We encourage you to review their applicable terms and policies. Consent to Use of Data and Mobile Communication; SMS Program Terms You consent to our communicating with you about the Site and the campaign by SMS, text message, email and other electronic means. Your carrier’s normal messaging, data and other rates and fees will apply to these communications.
If you subscribe to any text programs that the Campaign makes available, the following terms apply:
By subscribing to campaign updates or alerts, you consent to receive periodic updates or alerts by automatic text message. Text STOP to stop. For Help, text HELP or contact us at info@lopezfortexas.com. Message and data rates may apply. Neither the campaign nor the participating carriers guarantee that messages will be delivered. The campaign may discontinue the program at any time without notice.
Electronic Communications and Privacy Policy. You consent to our communicating with you about the Sites and Ray Lopez Campaign via email, text message, or other electronic means. Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. You agree that you will not provide any other person’s personal information to us unless you have the rights to do so and to allow us to use it in accordance with the Privacy Policy.
Governing Law. The Terms are governed by and construed in accordance with the laws of the State of Texas, without regard to its principles of conflicts of law.
Dispute Resolution. You and Ray Lopez Campaign agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms to arbitrate, shall be determined by arbitration in Bexar County, Texas, before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
Limitation of Liability.
IN NO EVENT SHALL RAY LOPEZ CAMPAIGN, OR OUR RESPECTIVE SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ASSIGNS, OR VOLUNTEERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITES, THE SERVICES, THE CONTENT, OR THE SITE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM RAY LOPEZ CAMPAIGN, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO RAY LOPEZ CAMPAIGN’S RECORDS, PROGRAMS OR SERVICES, EVEN IF ONE OR MORE OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF RAY LOPEZ CAMPAIGN, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITES OR THE SITE MATERIALS OR THESE TERMS EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT THAT YOU PAID TO ACCESS THE SITES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. THEREFORE, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
**Applicable Law and Venue.** These Terms and your use of the Sites shall be governed by and construed in accordance with the laws of the State of Texas applicable to agreements made and to be entirely performed within the State of Texas, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in the State of Texas , and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.
**Termination.** Notwithstanding any of these Terms, Ray Lopez Campaign reserves the right, without notice and in its sole discretion, to terminate your license to use the Sites, and to block or prevent your access to and use of the Sites.
**Miscellaneous.** These Terms constitute the entire agreement between you and us, superseding any prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and us. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your access to and use of the Sites.
Our failure to enforce any provisions of these Terms or respond to a violation by any party does not waive our right to subsequently enforce the Terms or respond to any violations. Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by us with respect to such use.