Terms of Use

    These Terms of Service (“Terms of Service”) govern your access to and use of the website located at dscsouthtexas.org and all services provided at or through such site (collectively, the “Service”), which together are a service of DSC South Texas (“DSC South Texas,” “us,” or “we”). By accessing, viewing or using the Service, you are agreeing to be bound by these Terms of Service, our Privacy Policy and our Refund Policy. If you do not accept these Terms of Service, our Privacy Policy or our Refund Policy, do not use this website or subscribe to the Service.

    Your access to and use of the Service is subject at all times to your compliance in full with these Terms of Service. Violation of any of the terms below may result in the termination of your account and access the sole and absolute discretion of DSC South Texas.

    Summary of Service/ No Shipping

    The Service consists primarily of providing information about DSC South Texas and its events, registration for DSC South Texas events, processing donations to DSC South Texas, the sale of admission to certain DSC South Texas events, seeking member feedback and conducting surveys.

    DSC South Texas is a charitable organization and is not engaged in the business of selling goods or services.    DSC South Texas hosts events related to its charitable purposes.   It may charge admission for its events to cover its costs and/or to raise money for its charitable purposes.   

    No Shipping.   DSC South Texas does not ship goods.    

    DSC South Texas may occasionally conduct silent and live auctions of donated items at its events.   Any such auctions will be governed by the rules published by DSC South Texas in connection with such auction and these Terms of Use to the extent not in conflict with the written rules published at the event.   Pick up of any items purchased at an event is the responsibility of the winning bidder.   

    Account Terms

    1. You must be 13 years or older to use this Service.

    2. Accounts registered by automated methods are not permitted.

    3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the enrollment process.

    4. You are solely responsible for maintaining the security of your account and password. DSC South Texas cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

    5. You are responsible for all activity that occurs under your account (even if the activity is conducted by a user other than you under your account).

    6. You may not use the Service for any illegal or unauthorized purpose. You agree to not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

    Payment and Refunds

    1. All donations and ticket sales are final, subject to our Refund Policy.

    2. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes imposed on DSC South Texas’s income or gross margin.

    Cancellation and Termination

    1. You may cancel your account at any time and for any reason by mailing written notice of cancellation to DSC South Texas, 7700 Broadway St., Suite 104-229, San Antonio, Texas 78209.  

    2. DSC South Texas, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other DSC South Texas service, at any time and for any reason or no reason.

    3. DSC South Texas reserves the right to refuse service to anyone for any reason at any time.

    Modifications to the Service and Terms of Service

    1. DSC South Texas reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

    2. DSC South Texas shall not be liable to you or to any third party in the event or with respect to any modification, price change, suspension or discontinuance of the Service.

    3. Any new features or services, including, but not limited to, those that augment or enhance the Service, including the release of new tools and resources, shall be subject deemed to be “Services” hereunder and subject to these Terms of Service. DSC South Texas reserves the right to update and change the Terms of Service from time to time, and shall post any updated or changed Terms of Service to the website or will otherwise provide you with notice. Your use of the Service after any such changes are posted to the website shall constitute your consent to such changes, which shall be deemed to apply from the date of posting, unless you terminate your use of the Service upon notification of the change or immediately after your next use of the Service, whichever occurs earlier. If you do not agree to the changes, you must immediately discontinue your access to and use of the Service. Your continued access to or use of the Service will constitute your agreement to be bound by such changes. You can review the most current version of the Terms of Service at any time at: Terms of Service

    Copyright, Trademark, Data

    1. The content, look and feel of the Service is copyright ©2017 DSC South Texas, all rights reserved, and contains various trademarks of DSC South Texas. You may not duplicate, copy, or reuse any portion of the Service, including but not limited to HTML/CSS or visual design elements, or our trademarks, without prior express written permission from DSC South Texas.

    2. DSC South Texas does not pre-screen data, but DSC South Texas and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any data that is available via the Service.

    3. If you have comments on the Service or ideas on how to improve it, please email us at president@dscsouthtexas.org. Please note that by doing so, you also grant DSC South Texas and third parties permission to use and incorporate your ideas or comments into the Service (or third-party software or content) without further compensation or approval.

    General Conditions

    1. You acknowledge and agree that DSC South Texas set the pricing for the Service and its events in reliance upon the Terms of Service and Refund Policy, including the various exclusions and limitations of warranties and liabilities. The Services would be priced substantially higher if the Terms of Service and Refund Policy did not contain these exclusions and limitations. You therefore agree to assume all these risks.

    2. Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. DSC South Texas provides no warranty, express or implied, including but not limited to the implied WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, WORKMANLIKE MANNER, or NONINFRINGEMENT.

    3. You understand that DSC South Texas uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

    4. You shall not modify, adapt, hack or reverse engineer the Service or modify another website so as to falsely imply that it is associated with the Service, DSC South Texas, or any other DSC South Texas service.

    5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service.

    6. We may, but have no obligation to, remove data and other information as well as accounts containing data or other information or content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s rights or these Terms of Service.

    7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any DSC South Texas member, guest, officer or agent can result in immediate account termination.

    8. You shall not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.

    9. You shall not transmit any worms or viruses or any code of a malicious or destructive nature.

    10. If your use of the Service negatively affects other users of the Service (as determined solely by DSC South Texas) we reserve the right to immediately suspend or terminate your account or reduce your access without notice.

    11. The Service and website may contain advertisements and links to other independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to users of the Service. Such Linked Sites are not under DSC South Texas’s control, and DSC South Texas is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

    12. YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER DSC SOUTH TEXAS NOR ITS VENDORS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DSC SOUTH TEXAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR LOSS OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

    13. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY AGAINST DSC SOUTH TEXAS ITS MEMBERS, DIRECTORS, EMPLOYEES, OFFICERS AND AFFILIATES ARISING OUT OF YOUR ACCESS TO OR USE OF THE WEBSITE AND THE SERVICE, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO ANY BREACH, ACT OR OMISSION ON THE PART OF DSC SOUTH TEXAS OR ITS VENDORS, SHALL BE YOUR RIGHT TO CANCEL THE SERVICE AT ANY TIME AND RECEIVE A REFUND IN ACCORDANCE WITH AND TO THE EXTENT PROVIDED BY THE REFUND POLICY.

    14. The failure of either party to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision by such party. These Terms of Service, together with the Refund Policy and the Privacy Policy, constitutes the entire agreement between you and DSC South Texas and govern your use of the Service and supersedes any prior agreements between you and DSC South Texas (including, but not limited to, any prior versions of the Terms of Service).

    15. You agree to indemnify and hold DSC South Texas and its affiliates and vendors harmless from and against any and all claims, demands, suits, proceedings, liabilities, damages, costs, expenses, awards and losses, including reasonable attorneys’ fees, suffered or incurred by DSC South Texas or any of its affiliates or vendors on account of any breach by you of any of the Terms of Service or otherwise arising out of your use of the website or the Service.

    16. In the event any provision of these Terms of Service is held invalid, illegal or unenforceable, the remainder of the provisions of these Terms of Service will in no way be affected, impaired or invalidated, and to the extent permitted by applicable law, any such provision shall be restricted in applicability or reformed to the minimum extent required for such provision to be enforceable.

    17. These Terms of Service, Refund Policy, and Privacy Policy, may be amended or modified only by DSC South Texas by posting the revised terms on the Service; oral and other statements by representatives or employees of DSC South Texas are not binding.

    18. These Terms of Use, Refund Policy, Privacy Policy and any other agreement with you shall be construed under the laws of Texas, without regard to its principles of conflict of laws. Exclusive venue for any dispute between the parties arising under or relating to the Service, these agreements, the construction or any breach thereof, shall be in the State and Federal courts located in Bexar County, Texas. You hereby waive any defense or challenge to that jurisdiction based on lack of personal jurisdiction, improper venue, or inconvenience of forum.

    19. These Terms of Service, Privacy Policy, and Refund Policy shall inure to the benefit of and be binding upon each party and its respective heirs, successors and assigns.

    20. Waiver of Jury Trial. EACH OF THE PARTIES TO THESE TERMS OF USE WAIVES ANY RIGHT TO TRIAL BY JURY OF ANY DISPUTE OF ANY NATURE WHATSOEVER THAT MAY ARISE BETWEEN THEM, INCLUDING, BUT NOT LIMITED TO, THOSE DISPUTES RELATING TO, OR INVOLVING IN ANY WAY, THE SERVICE, THE CONSTRUCTION, PERFORMANCE OR BREACH OF THESE TERMS OF USE OR ANY OTHER AGREEMENT BETWEEN THE PARTIES, THE PROVISIONS OF ANY FEDERAL, STATE OR LOCAL LAW, REGULATION OR ORDINANCE NOTWITHSTANDING.