Teach Healthier: Terms of Use

By using the Teach Healthier Mobile App YOU AGREE TO BE BOUND BY THESE TERMS OF USE. In addition, when using particular areas, features, and/or functions of the Teach Healthier Mobile App, you shall be subject to any posted guidelines or rules applicable to such areas, features, and/or functions. The Privacy Policy, all guidelines, or rules posted on the Teach Healthier Mobile App, and all disclaimers and terms and conditions that appear elsewhere throughout the Teach Healthier Mobile App are hereby incorporated by reference into these Terms of Use.

The terms, conditions, and notices under which the Teach Healthier Mobile App, including, but not limited to, any and all related products and/or services are offered may change at any time. You are responsible for regularly reviewing this Terms of Use and any additional terms and conditions posted to the Terms of Use and the Privacy Policy. Your continued use of the Teach Healthier Mobile App, including, but not limited to, any and all related products and/or services constitutes your agreement to all such terms, conditions, and notices.

These Terms of Use contain the following provisions:

Children’s Online Privacy and Protection Act Compliance
License and Access
Termination
Privacy
Ownership
Links
Indemnification
Warranty Disclaimer
Limitation of Liability
Notice
Violations
Copyright Agent
General
Children’s Online Privacy and Protection Act Compliance

The Children’s Online Privacy and Protection Act of 1998 requires websites that store data from users under the age of thirteen to inform parents about data storage policies and obtain parental permissions. Once given, parents may revoke those permissions at any time informing us of their decision. You should refer to and read the entire Privacy Policy for details regarding and the rules and regulations governing the use of the Teach Healthier Mobile App, including, but not limited to, any and all related products and/or services provided thereof.

License and Access

License

By using the Teach Healthier Mobile App you are granted a limited license to access and make personal use of the Teach Healthier Mobile App and not to download (other than page caching) or modify the Teach Healthier Mobile App or any portion of the Teach Healthier Mobile App, except with express written consent of IT’S TIME TEXAS Inc., (the “Authorized Parties, ” “we” or “us”). This license does not include any resale or commercial use of the Teach Healthier Mobile App or the contents of the Teach Healthier Mobile App; any collection and use of any services, products or descriptions; any derivative use of the Teach Healthier Mobile App and/or its respective contents; any downloading or copying of account information for the benefit of a third party not authorized by the Authorized Parties; or any use of data mining, robots, or similar data gathering and extraction services. The Teach Healthier Mobile App and/or any portion thereof, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Authorized Parties.

Restrictions
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Teach Healthier Mobile App, without express written consent of the Authorized Parties. You may not use any META tags or any other “hidden text” utilizing names or trademarks without our express written. Any unauthorized use terminates the permission or license granted by us. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the Teach Healthier Mobile App, so long as such link does not portray IT’S TIME TEXAS Inc., Teach Healthier Mobile App, its representatives, subsidiaries and/or affiliates, or its products and/or services in a false, misleading, derogatory, or otherwise offensive matter and is revocable at will under any circumstance or condition by us. You may not use any Teach Healthier Mobile App logos or other proprietary graphic or trademark as part of the link without express written permission of the Authorized Parties.

Termination
You agree that at our sole discretion, we may terminate your password, account (or any part thereof) or use of the Teach Healthier Mobile App for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. You agree that any termination of your access to the Teach Healthier Mobile App under any provision of these Terms of Use may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or our site. Further, you agree that we shall not be liable to you or any third party for any termination of your access to the Teach Healthier Mobile App.

Privacy
Your use of the Teach Healthier Mobile App is subject to the Privacy Policy. You acknowledge that you have read the entire Privacy Policy and that it is reasonable and acceptable to you. Your acceptance of these Terms of Use is also your consent to the information practices in the Privacy Policy. In the event there exists any inconsistency between these Terms of Use and the Privacy Policy regarding the use of information, the terms and conditions of the Privacy Policy shall take precedence.

Ownership
All content on the Teach Healthier Mobile App such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of IT’S TIME TEXAS Inc, the Teach Healthier Mobile App, its representatives, subsidiaries, or its content suppliers and are protected by U.S. and/or international copyright laws. The compilation of all content on the Teach Healthier Mobile App is the exclusive property of IT’S TIME TEXAS Inc., the Teach Healthier Mobile App, its representatives, and/or subsidiaries and protected by U.S. and/or international copyright laws. All software used on the Teach Healthier Mobile App is our property and protected by U.S. and/or international copyright laws.

Except as expressly provided in “License and Site Access” above, your use of and access to the Teach Healthier Mobile App does not grant you any license or right to use any IT’S TIME TEXAS Inc. website trademarks, trade names or copyrights.

Links
We may provide, or third parties may provide links to other websites or resources. Because we have no control over such sites and resources, you acknowledge and agree we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products, goods, or services available on or through any such site or resource.

Indemnification
You agree to indemnify and hold the Teach Healthier Mobile App, IT’S TIME TEXAS Inc., their representatives, subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, and/or employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Teach Healthier Mobile App, your violation of these Terms of Use, your violation of the Privacy Policy or your violation of any rights of another person or entity.

Warranty Disclaimer
YOUR USE OF THE TEACH HEALTHIER MOBILE APP IS AT YOUR SOLE RISK. THE TEACH HEALTHIER MOBILE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND IT’S TIME TEXAS INC, THE TEACH HEALTHIER MOBILE APP, THEIR REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS OR OTHER PARTNERS AND/OR EMPLOYEES DO NOT WARRANT THAT THE TEACH HELATHIER MOBILE APP AND/OR ITS SERVERS, OR E- MAIL SENT FROM THE TEACH HEALTHIER MOBILE APP, IT’S TIME TEXAS, ITS REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS OR OTHER PARTNERS AND/OR EMPLOYEES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TEACH HEALTHIER MOBILE APP, IT’S TIME TEXAS, ITS REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS OR OTHER PARTNERS AND/OR EMPLOYEES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

IT’S TIME TEXAS INC, THE TEACH HEALTHIER MOBILE APP, AND/OR REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS OR OTHER PARTNERS AND/OR EMPLOYEES MAKE NO WARRANTY THAT (i) THE TEACH HEALTHIER MOBILE APP WILL MEET YOUR REQUIREMENTS, (ii) THE TEACH HEALTHIER MOBILE APP OR THE SERVERS THAT MAKE THE TEACH HEALTHIER MOBILE APP AVAILABLE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE TEACH HEALTHIER MOBILE APP WILL BE ACCURATE, USEFUL OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE TEACH HEALTHIER MOBILE APP WILL MEET YOUR EXPECTATIONS, AND (v) ANY DEFECTS OR ERRORS OF THE TEACH HEALTHIER MOBILE APP WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE TEACH HEALTHIER MOBILE APP IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IT’S TIME TEXAS INC, THE TEACH HEALTHIER MOBILE APP, ITS REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS OR OTHER PARTNERS AND/OR EMPLOYEES OR THROUGH OR FROM THE TEACH HEALTHIER MOBILE APP, ITS REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS OR OTHER PARTNERS AND/OR EMPLOYEES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE NFL ENTITIES (as defined below), IT’S TIME TEXAS INC, THE TEACH HEALTHIER MOBILE APP, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS OR OTHER PARTNERS AND/OR EMPLOYEES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (IT’S TIME TEXAS INC, THE TEACH HEALTHIER MOBILE APP, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS OR OTHER PARTNERS AND/OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE TEACH HEALTHIER MOBILE APP; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS, GOODS AND/OR SERVICES RESULTING FROM ANY PRODUCTS, GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE TEACH HEALTHIER MOBILE APP; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE TEACH HEALTHIER MOBILE APP; OR (v) ANY OTHER MATTER RELATING TO THE TEACH HEALTHIER MOBILE APP, ITS REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS OR OTHER PARTNERS AND/OR EMPLOYEES.

IF DESPITE THE LIMITATION ABOVE, THE TEACH HEALTHIER MOBILE APP, ITS REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS OR OTHER PARTNERS AND/OR EMPLOYEES, AND/OR A THIRD PARTY IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED IN THE LIMITATION ABOVE, THEN THE LIABILITY OF IT’S TIME TEXAS INC, THE TEACH HEALTHIER MOBILE APP, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS OR OTHER PARTNERS AND/OR EMPLOYEES WILL IN NO EVENT EXCEED, IN TOTAL, THE SUM OF U.S. $100. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.

Notice
We may provide notices of changes to these Terms of Use or other matters by posting conspicuous notices or links to notices to you generally on our site. Your continued use of the Teach Healthier Mobile App following the posting of conspicuous notice of any change or modification to these Terms of Use will be subject the Terms of Use in effect at the time of your use. You agree to review the Terms of Use periodically. Your continued use of the Teach Healthier Mobile App following the posting of conspicuous notice of any modification, will be your acceptance of the modified Terms of Use.

Violations
Please report any violations of the Terms of Use to:

IT’S TIME TEXAS, Inc.
911 W. Anderson Lane
Suite 201
Austin, TX 78757
512.533.9555

Copyright Agent
If you believe that any of your work has been copied and is accessible on the Teach Healthier Mobile App in a way that constitutes copyright infringement, please provide our IT’S TIME TEXAS with the following information:

Identification of the copyrighted work claimed to have been infringed;
Identification of the allegedly infringing material on the Teach Healthier Mobile App that is requested to be removed;
Your name, address and daytime telephone number, and an e-mail address, if available, so that we may contact you if necessary;
A statement that you have a good faith belief that the use of the copyrighted work is not authorized by you or the law;
A statement that the information in the notification is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of, the owner of an exclusive copyright right that is allegedly infringed; and
An electronic or physical signature of you or someone authorized on the copyright owner’s behalf, to assert infringement of copyright and to submit the statement.
For notice of claims of copyright infringement on the Teach Healthier Mobile App please contact us:

IT’S TIME TEXAS, Inc.
911 W. Anderson Lane
Suite 201
Austin, TX 78757
512.533.9555

We reserve the right to remove any posted submission that infringes the copyright of any person under the laws of the United States upon receipt of a notice that complies with the requirements of 17 U.S.C. § 512(c)(3). United States law provides significant penalties for submitting such a statement falsely.

General
These Terms of Use constitute the entire agreement between you and the Authorized Parties and govern your use of the Teach Healthier Mobile App, superseding any prior agreements between you and us. A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Your acceptance of the Terms of Use and use of the Teach Healthier Mobile App do not create a joint venture, partnership, employment or agency relationship between you and IT’S TIME TEXAS, the Authorized Parties, their representatives and/or subsidiaries. You may not assign, delegate or transfer your rights or obligations under the Terms of Use and any such prohibited assignment transfer shall be null and void. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. The Terms of Use and the relationship between you and us shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Travis, Texas. The failure of IT’S TIME TEXAS, the Authorized Parties, their representatives, and/or subsidiaries to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Teach Healthier Mobile App or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

If you have any questions or comments about this website, terms of user or technical support regarding use of the Teach Healthier Mobile App, please contact us:

IT’S TIME TEXAS, Inc.
911 W. Anderson Lane
Suite 101
Austin, TX 78757
512.533.9555