Terms and Conditions
(Policy Effective: December 15, 2022)
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY USING THIS WEBSITE, YOU CONSENT TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, PLEASE IMMEDIATELY DISCONTINUE USE OF OUR WEBSITE.
Terms of access
By accessing information, content, and services offered on this website (collectively the “Services”), you agree to be bound by and to comply with these terms and conditions. If you do not wish to be bound by these terms and conditions, you should not access, display, use, download, or otherwise copy or distribute any data, information, content, or materials obtained on this website. Provided you comply with these terms and conditions, we invite you to access our website for purposes of learning more about our Services, registering to receive alerts, e-announcements, newsletters and other materials, registering for presentations and events and exchanging information (each a permitted purpose). We reserve the right to make changes to this site and these terms and conditions at any time.
If at any time we determine, in our sole discretion, that you have violated these terms and conditions or any part hereof, we may immediately and without notice, suspend, terminate and/or block your future access to all or any part of our Services. In addition, you agree that any violation by you of these terms and conditions will constitute an unlawful and unfair business practice, and will cause irreparable harm to Darla Gray, LLC for which monetary damages would be inadequate, and you consent to Darla Gray, LLC obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity. You further agree that Darla Gray, LLC will not be liable to you or to any third party for termination of your access to the Services as a result of any violation of these terms and conditions.
You are not authorized to access or use our website in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other access, use or enjoyment of our website. You may not use or access our website for any fraudulent or unlawful purpose. You are prohibited from attempting to gain unauthorized access to any computer system, network, user information, user account or other information of Darla Gray, LLC through hacking, password mining or other means whatsoever. You are prohibited from removing, obscuring, modifying, adapting or translating any portion of our website. You may not modify, delete, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit our Services, in whole or in part.
Copyright and intellectual property rights
All content on this website, including, but not limited to text, audio, video, pictures, logos, artwork, software, applications and content, as well as the arrangement and assembly of all content, is the property of Darla Gray, LLC or its content suppliers and protected by the United States of America Copyright Act of 1976, as amended and other intellectual property laws, or are included based on principles of “fair use”. All rights not expressly granted are reserved.
Without detracting from the above, if no specific restrictions are displayed, we authorize you to view, copy, download, print, post on social media, and distribute the content of this website, or parts thereof, provided that:
It is used for informational purposes only and in a lawful manner.
Any reproduction of material from this website or portion thereof must include this copyright notice: ©Darla Gray, LLC.
It is for personal use only, as the website and its content may not be used, reproduced or otherwise exploited for any commercial purpose without the express prior written consent of Darla Gray, LLC.
You are expressly prohibited from incorporating any of the material from this website in any other work, publication or website of your own or anyone else’s.
Any information or materials you transmit or provide through our website will be treated as non-confidential and non-proprietary, subject to our Privacy Policy. We may use this information as we determine, for commercial and non-commercial purposes, without obligation for compensation, and free of any moral rights, intellectual property rights, and other proprietary rights in or to such information or materials.
Advisory; No Medical Advice Provided
The information presented on our website is provided as a courtesy. This site is not intended as a substitute for professional medical, psychological or other healthcare professional advice. If you have, or suspect that you may have a medical, psychological or other healthcare problem, you should consult your physician or other licensed healthcare practitioner to obtain medical or other healthcare information and recommendations specific to your problem. Use of this site does not create a practitioner – client relationship.
Limitation of Liability; Release and Indemnification
IN NO EVENT WILL ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING OUR SERVICES (OR ANY PART THEREOF), OR ANY OTHER THIRD PARTIES LINKED OR MENTIONED VIA OUR SERVICES (OR ANY PART THEREOF) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES (OR ANY PART THEREOF), ANY WEBSITES LINKED TO OUR SERVICES, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH WEBSITES, INCLUDING DAMAGES CAUSED BY VIRUSES OR ANY INCORRECTNESS OR INCOMPLETENESS OF THE INFORMATION PROVIDED OR MADE AVAILABLE VIA OUR SERVICES (OR ANY PART THEREOF), OR THE PERFORMANCE OF THE PRODUCTS OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, THE TOTAL LIABILITY, IF ANY, OF THE RELEASED PARTIES (AS DEFINED BELOW) SHALL IN NO EVENT EXCEED ONE HUNDRED UNITED STATES DOLLARS (us $100.00).
YOU, ON YOUR OWN BEHALF AND ON BEHALF OF YOUR HEIRS, PERSONAL REPRESENTATIVES, GUARDIANS AND ANY PERSONS DERIVING THEIR CLAIMS THROUGH YOU OR ON YOUR BEHALF, HEREBY WAIVE, RELEASE AND HOLD DARLA GRAY, LLC AND OUR OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AGENTS, TELECOMMUNICATION PROVIDERS AND CONTENT PROVIDERS (COLLECTIVELY THE “RELEASED PARTIES”) HARMLESS FROM ANY AND ALL CLAIMS, AGENCY ACTIONS, LIABILITIES, COSTS, EXPENSES, AND DAMAGES OF ANY NATURE OR KIND WHATSOEVER, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICES, THE WEBSITE, A THIRD PARTY SITE, OR THE CONTENT ON ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ANY OF THE RELEASED PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, THE RELEASED PARTIES FROM AND AGAINST, ANY AND ALL CLAIMS, AGENCY ACTIONS, LIABILITIES, COSTS, EXPENSES, AND DAMAGES OF EVERY KIND AND NATURE WHATSOEVER, INCLUDING REASONABLE ATTORNEY’S FEES, ARISING OUT OF OR ATTRIBUTED, DIRECTLY OR INDIRECTLY, TO YOUR: (I) ACCESS TO OR USE OF THE WEBSITE AND/OR A THIRD PARTY SITE; (II) ACCESS TO OR USE OF SERVICES PROVIDED THROUGH THE WEBSITE; (III) VIOLATION OF ANY PROVISION OF THESE TERMS OF USE; (IV) NEGLIGENCE; (V) TORTIOUS AND/OR CRIMINAL CONDUCT; OR (IV) VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION, ANY INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHT.
Disclaimer of Warranties
THIS WEBSITE IS PROVIDED “AS AVAILABLE “ AND “AS IS”. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DARLA GRAY, LLC EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF RELIABILITY, USEFULNESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. DARLA GRAY, LLC MAKE NO REPRESENTATION OR WARRANTY: (1) THAT ACCESS TO THE WEBSITE, THIRD PARTY SITES, OR RELATED SERVICES WILL BE UNINTERRUPTED AND ERROR-FREE; (2) AS TO THE OPERATION AND SECURITY OF THE WEBSITE, THIRD PARTY SITES, OR OUR ELECTRONIC COMMUNICATIONS; (3) AS TO PRODUCTS AND SERVICES AVAILABLE THROUGH THE WEBSITE OR THIRD PARTY SITES; OR (4) AS TO THE ACCURACY, TIMELINESS, COMPLETENESS, RELIABILITY, QUALITY AND SUITABILITY OF THIRD PARTY SITES, OR ACCESSIBILITY THROUGH USE OF THE WEBSITE OF THIRD PARTY SITES.
IF YOU RELY ON ANY INFORMATION, MATERIALS OR OTHER CONTENT PROVIDED ON THE WEBSITE OR A THIRD-PARTY SITE, OR ACCESSIBLE THROUGH USE OF THE WEBSITE OR A THIRD-PARTY SITE, YOU DO SO SOLELY AT YOUR OWN RISK. IT IS YOUR RESPONSIBILITY TO EVALUATE THE INFORMATION, MATERIALS AND OTHER CONTENT PROVIDED ON THE WEBSITE OR ACCESSIBLE THROUGH USE OF THE WEBSITE. THE INFORMATION, MATERIALS AND CONTENT PROVIDED ON THE WEBSITE AND/OR ACCESSIBLE THROUGH USE OF THE WEBSITE, DOES NOT NECESSARILY REFLECT OUR OPINION OR THOSE OF DARLA GRAY, AND IS NOT GUARANTEED TO BE CORRECT, COMPLETE OR UP-TO-DATE.
Choice of law; Dispute Resolution
This website is controlled, operated and administered by the provider in the State of Texas, United States of America. This agreement is entered into and performed in the State of Texas and you agree this Agreement is governed by the laws of the State of Texas, without consideration to the principles of the conflicts of law. Your continued use of our Services confirms you consent and submit to personal jurisdiction in the State of Texas and venue of the County of Denton for any state or federal action arising out of the use of our Services or these terms. This agreement does not constitute doing business in any other state than the State of Texas.
If any dispute or other claim arises against or with Darla Gray, LLC or any of the Released Parties, you agree in the spirit of continued cooperation to attempt in good faith to resolve the dispute or claim informally, though direct negotiation with all parties to the dispute or claim. If the dispute or claim is not resolved through such good faith negotiation, you agree to submit the dispute or claim to mediation with an independent mediator. In the event mediation is not successful in resolving the dispute, any party may pursue any other method available to them at law or equity.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to our Services, these terms and conditions or our Privacy Policy must be filed within one year after such claim or cause of action arose or such claim or cause is barred.
Third Party Links
This website may from time to time contain links to third party websites, applications or other online services. These links are provided for your convenience only and are not intended to indicate that Darla Gray, LLC reviews, controls, recommends, endorses, supports, sponsors, or is in any manner affiliated with such third-party sites. If you access any such third-party sites, you may be on a different website and these terms and conditions only cover this website. Any access of a third-party site is entirely at your own risk and subject to the terms and policies of such third-party site.
Additional Terms
If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect. No waiver of any of these terms and conditions will be deemed a further or continuing waiver of such term or condition or any other term or condition.
Except as expressly provided in a particular “legal notice” on our website, these terms and conditions constitute the entire agreement between us and you, respectively, with respect to the use of our Services and content contained therein.
If we modify these terms and conditions, any such modifications will take effect proactively, upon your subsequent access of our website. Please feel free to print out a copy of these terms and conditions for your records.
Contact for Alleged Copyright Infringement
Darla Gray, LLC respects the intellectual property rights of others and requires that its users do the same. If you believe that any content available on or website or any activity taking place on our website constitutes infringement of a work protected by copyright, please notify our designated contact under the Digital Millennium Copyright Act (17 U.S.C. §512) (the “DMCA”) to respond to such concerns, email us at: Darla Gray: darla@darlagray.com. Your notice must comply with the DMCA. Upon receipt of a complaint notice, we will respond and proceed in accordance with the DMCA.
Void Where Prohibited
Although this website is accessible worldwide, not all features, products or services discussed, provided or offered through or on our website are available to all persons or in all geographic areas, or appropriate or available for use outside the United States. Darla Gray, LLC reserves the right to limit, in its sole discretion, the provision and quantity of any product or service to any person or geographic area. Any offer for any product or service made on this website is void where prohibited. If you choose to access this website from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
Contact details
You can contact the provider in connection with these terms and conditions:
Darla Gray, LLC