TERMS AND CONDITIONS OF USAGE

By using the Texas Health Care Association (THCA) Website, you agree to be bound by the Terms and Conditions contained in this document.  Please read them carefully.  If you do not want to be bound by the Terms and Conditions, you should ot access or use the THCA Website.

The materials contained at the THCA Website include information and facts and the opinions and recommendations of various individuals and organizations regarding governmental regulations, statutes, and practices, including potential changes to them.  Notwithstanding anything to the contrary stated or implied in any of the materials available at the THCA Website, THCA and its agents, affiliates, employees, and contractors cannot and do not make any representation, warranty, endorsement, or guarantee, express or implied, regarding:

  1. the accuracy, completeness, or timeliness of any information, facts, or opinions contained at the THCA Website; or

  2. the merchantability or fitness for any particular purpose of any information, facts, or opinions contained at the THCA Website.

In addition, none of the materials contained at the THCA Website may be considered as the giving of legal advice by THCA or its agents, affiliates, empoyees, or contractors.  Each user should consult their own legal advisor, applicable regulatory entities, and other sources of legal information and advice for any opinions or recommendations with respect to their own legal situation.

Neither THCA nor its agents, affiliates, employees, or contractors is liable to you or any other person or entity for any loss or injury or any direct, indirect, incidental, consequential, special, punitive, or similar damages, or any other damages of any nature whatsoever, arising out of any of the materials or any part of the materials contained or not contained at the THCA Website.  THCA makes no representations as to the quality of the product or services advertised herein.   Further, THCA does not endorse or in any other fashion support the product services or the name of any company advertising herein.  BY ACCESSING THE THCA WEBSITE, YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST THCA AND ITS AGENTS, AFFILIATES, EMPLOYEES, AND CONTRACTORS ARISING OUT OF YOUR USE OF THE THCA WEBSITE.

We have provided links and pointers to Internet sites maintained by third parties.  Neither THCA nor any of its agents or employees operates or controls in any respect any information, products, or services on these sites or endorses or makes any representation or warranty regarding these sites.  You assume total responsibility and risk for your use of these third party sites.

Neither THCA nor its employees, affiliates, or contractors controls the messages, information, or files that will be delivered via the listserve made available at the THCA Website, all of which will normally be automatically forwarded by the listserve program in the form submitted to you and other users.  Neither THCA nor its employees, affiliates, or contractors makes any representation or warranty that any information, software, or other material delivered by the listserve will be free of viruses, worms, Trojan horses, or other harmful components.  However, it is a condition of your use of the listserve that you not:

  1. port or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law;

  2. port or transmit any information or software that contains a virus, cancelbot, Trojan hourse, worm, or other harmful component;

  3. post, publish, transmit, reproduce, or distribute in any way any information, software, or other material on or from the listserve for commercial purposes; or

  4. upload, post, publish, transmit, reproduce, or distribute in any way any information, software, or other material that is protected by copyright or other proprietary right, including derivative works of the information, software, or other material, without obtaining permission of the copyright owner or holder of the rights.

You understand that THCA has no obligation to monitor the listserve.   However you that THCA has the right to monitor the listserve from time to time and to refuse to post or to remove any information or materials, in whole or in part, that, in THCA's sole discretion, are objectionable or in violation of these Terms and Conditions.

The information, materials and content displayed on the THCA Website are the property of THCA or of the parties furnishing materials to THCA, and are protected by copyright, trademark and other intellectual property laws.  Copyright in the hypertext mark-up language (HTML) coding of the THCA Website is exclusively held by THCA.   However, the content of the THCA Website may be displayed and printed solely for your own use, and you agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such content to any other person or entity without the express prior written consent of THCA.

THCA intends to comply with the provisions of the Digital Millennium Copyright Act.  Please direct any notices of claimed copyright infringement to the address or telephone number below:

Gavin Gadberry, Esq.
Underwood, Wilson, Berry, Stein & Johnson
1500 Amarillo National Bank Bldg.
P.O. Box 9158
Amarillo, TX  79105
Telephone:  (806) 379-5613 Ext. 329
Facsimile:  (806) 379-0316
Email Address:  ggadberry@uwlaw.com

If providing notice by electronic mail, please insert "Copyright" in the subject line.

Further, you agree to indemnify, hold harmless, and defend THCA and its agents, affiliates, employees, and contractors from and against any and all claims, liabilities, costs, and losses, including reasonable attorney's fees, arising from any violation of these Terms and Conditions by you.

If any part of the Terms and Conditions is held to be unenforceable, the unenforceable part shall be construed in accordance wtih applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions remain in full force and effect.  THCA's failure to insist upon or enforce strict performance of any provisions or right.  Neither the course of conduct between parties nor trade practice may be considered to modify any provision of these Terms and Conditions.  Any cause of action that you may have with respect to the THCA Website must be commenced within one (1) year after the claim or cause of action arises, or the claim or cause of action is barred.