Phone : +1 844 997 2624 ext 3Email : info@gistmemorialfoundation.org

Last Updated on October 5th, 2017

THE WEBSITE WWW.GISTMEMORIALFOUNDATION.ORG (THE “WEBSITE”) IS MAINTAINED BY THE FRED G. GIST MEMORIAL FOUNDATION (THE “FOUNDATION”). BY USING THE WEBSITE, YOU AGREE TO BE BOUND BY AND USE THE WEBSITE IN ACCORDANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW (THE “AGREEMENT”). PLEASE READ THIS AGREEMENT CAREFULLY AND IN ITS ENTIRETY BEFORE CONTINUING TO USE THE WEBSITE. IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU MUST CEASE YOUR USE OF THE WEBSITE IMMEDIATELY.

COMPLIANCE WITH LAWS
YOU AGREE TO USE THE WEBSITE IN COMPLIANCE WITH ALL APPLICABLE LAWS AND REGULATIONS.

COPYRIGHT
THE FOUNDATION IS THE OWNER OF THE WEBSITE AND ITS CONTENT, WHICH WEBSITE AND CONTENT ARE PROTECTED BY COPYRIGHT LAWS. ALL RIGHTS ARE RESERVED. YOU MAY USE THE WEBSITE FOR PERSONAL, NONCOMMERCIAL USE ONLY.

DISCLAIMER
YOUR USE OF THE WEBSITE AND ITS CONTENT ARE AT YOUR OWN RISK. THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THE FOUNDATION DISCLAIMS ALL LIABILITY THEREFOR. THE FOUNDATION MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING: THE ACCURACY, COMPLETENESS, TIMELINESS, OR USEFULNESS OF THE INFORMATION WHICH APPEARS ON THE WEBSITE, THE CONTINUOUS AVAILABILITY OF THE WEBSITE; THE SECURITY OF THE WEBSITE; OR THE FREEDOM OF THE WEBSITE FROM MALWARE. TO THE FULLEST EXTENT PROVIDED BY LAW, THE FOUNDATION DISCLAIMS ALL WARRANTIES, OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
FURTHER, THE WEBSITE SHALL NOT BE CONSTRUED AS PROVIDING TAX ADVICE, AND YOU SHOULD CONSULT AN ACCOUNTING OR LEGAL PROFESSIONAL REGARDING THE TAX EFFECTS OF ANY DONATION YOU MAY MAKE TO THE FOUNDATION.

PRIVACY POLICY
PLEASE CLICK TO VIEW THE FOUNDATION’S FULL PRIVACY POLICY. THE PRIVACY POLICY EXPLAINS THE INFORMATION THE FOUNDATION MAY COLLECT THROUGH YOUR USE OF THE WEBSITE AND HOW THE FOUNDATION USES SUCH INFORMATION. THE PRIVACY POLICY IS INCORPORATED HEREIN BY REFERENCE AND MADE A PART OF THIS AGREEMENT FOR ALL PURPOSES. BY AGREEING TO THIS AGREEMENT, YOU ALSO AGREE TO THE PRIVACY POLICY.

THIRD PARTY WEBSITES
THE WEBSITE MAY CONTAIN LINKS TO THE WEBSITES OF THIRD PARTIES. THESE LINKS ARE PROVIDED FOR CONVENIENCE ONLY. YOU FOLLOW SUCH LINKS AT YOUR OWN RISK AND WILL BE SUBJECT TO THE TERMS AND CONDITIONS OF SUCH THIRD PARTY WEBSITES. YOU AGREE THAT THE FOUNDATION IS NOT RESPONSIBLE FOR, AND THE FOUNDATION SPECIFICALLY DISCLAIMS ALL LIABILITY FOR, THE WEBSITES OF THIRD PARTIES AND THE CONTENT THEREOF.

LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE FOUNDATION, ITS DIRECTORS, EMPLOYEES, AGENTS, AND ANY OTHER PERSON ASSOCIATED WITH THE FOUNDATION BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH OR RELATING TO YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO THE WEBSITE, OR ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE OR GROSS NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

IF, DESPITE THE LIMITATIONS SET FORTH IN THIS AGREEMENT, THE FOUNDATION IS FOUND LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT IS IN ANY WAY RELATED TO YOUR USE OF THE WEBSITE, THE FOUNDATION’S LIABILITY WILL NOT EXCEED ONE HUNDRED AND NO/100 DOLLARS ($100.00). THIS LIMITATION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

INDEMNIFICATION
YOU HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS THE FOUNDATION AND ITS DIRECTORS, EMPLOYEES, AGENTS, AND ALL OTHER PERSONS ASSOCIATED WITH THE FOUNDATION (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) FROM ANY LOSS, CLAIM, ACTION, LIABILITY, SUIT, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE OR YOUR BREACH OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, THE COST OF INVESTIGATION AND DEFENSE, SETTLEMENT, JUDGMENT, INTEREST, COURT COSTS, AND REASONABLE ATTORNEYS’ FEES, AND WHETHER OR NOT SUCH LOSS, CLAIM, ACTION, LIABILITY, SUIT, OR DAMAGES INVOLVES THE NEGLIGENCE OR GROSS NEGLIGENCE OF THE INDEMNIFIED PARTIES. YOU FURTHER AGREE TO COOPERATE FULLY IN THE DEFENSE OF ANY SUCH LOSS, CLAIM, ACTION, LIABILITY, SUIT, OR DAMAGES. THIS PROVISION WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

GOVERNING LAW; VENUE
IT IS UNDERSTOOD AND AGREED THAT THE CONSTRUCTION AND INTERPRETATION OF THIS AGREEMENT SHALL AT ALL TIMES AND IN ALL RESPECTS BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS WITHOUT REGARD TO THE CHOICE OF LAW PROVISIONS THEREOF. FOR ANY CLAIM, PROCEEDING, OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT, YOU CONSENT TO THE JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN MIDLAND COUNTY, TEXAS. YOU HEREBY IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH YOU MAY NOW OR HEREAFTER HAVE TO THE LAYING OF VENUE OF ANY DISPUTE ARISING OUT OF OR IN CONNECTION WITH OR RELATING TO THIS AGREEMENT BROUGHT IN SUCH COURT OR ANY DEFENSE OF INCONVENIENT FORUM FOR THE MAINTENANCE OF SUCH DISPUTE.

WAIVER
NO WAIVER OF BY THE FOUNDATION OF ANY TERM OR CONDITION SET OUT IN THIS AGREEMENT SHALL BE DEEMED A FURTHER OR CONTINUING WAIVER OF SUCH TERM OR CONDITION OR A WAIVER OF ANY OTHER TERM OR CONDITION, AND ANY FAILURE OF THE FOUNDATION TO ASSERT A RIGHT OR PROVISION UNDER THIS AGREEMENT SHALL NOT CONSTITUTE A WAIVER OF SUCH RIGHT OR PROVISION.

SEVERABILITY
IN THE EVENT THAT ANY PROVISION OF THIS AGREEMENT IS HELD TO BE INVALID, VOID, OR UNENFORCEABLE, THE PROVISION SHALL BE DEEMED AMENDED ONLY TO THE EXTENT REQUIRED TO RENDER THE PROVISION VALID AND ENFORCEABLE. IF AN AMENDMENT OF THE TYPE DESCRIBED IN THE PREVIOUS SENTENCE IS NOT POSSIBLE, THE INVALID, VOID, OR UNENFORCEABLE PROVISION WILL BE DEEMED DELETED AND ALL OTHER PROVISIONS OF THIS AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT AS IF SUCH VOID OR UNENFORCEABLE PROVISION HAD NOT BEEN INCLUDED HEREIN. A DETERMINATION THAT A PROVISION IS INVALID, VOID, OR UNENFORCEABLE SHALL NOT BE DEEMED TO AFFECT THE VALIDITY OR ENFORCEABILITY OF THIS ENTIRE AGREEMENT IN ANY OTHER SITUATION OR CIRCUMSTANCE.

HEADINGS
THE SECTION HEADINGS HAVE BEEN INSERTED FOR CONVENIENCE ONLY AND ARE NOT TO BE CONSIDERED WHEN CONSTRUING THE PROVISIONS OF THIS AGREEMENT.

AMENDMENTS TO AGREEMENT
FROM TIME TO TIME, THE FOUNDATION MAY AMEND THIS AGREEMENT. THE FOUNDATION WILL UPDATE THIS PAGE BY REPLACING THE PRIOR VERSION OF THE AGREEMENT WITH THE AMENDED AGREEMENT. AT THE TIME OF AN AMENDMENT TO THIS AGREEMENT, THE FOUNDATION WILL ALSO UPDATE THE EFFECTIVE DATE SET FORTH BELOW. YOU SHOULD CHECK THE EFFECTIVE DATE OF THIS AGREEMENT PERIODICALLY TO DETERMINE IF THIS AGREEMENT HAS BEEN AMENDED AND REVIEW THIS AGREEMENT IN ITS ENTIRETY TO INFORM YOURSELF OF ANY AMENDMENTS IF THE EFFECTIVE DATE IS MORE RECENT THAN THE LAST DATE ON WHICH YOU REVIEWED THIS AGREEMENT. YOUR CONTINUED USE OF THE WEBSITE AFTER ANY SUCH AMENDMENT CONSTITUTES YOUR AGREEMENT TO BE BOUND BY AND USE THE WEBSITE IN ACCORDANCE WITH THIS AGREEMENT AS AMENDED BY SUCH AMENDMENT.

ENTIRE AGREEMENT
THIS AGREEMENT AND THE PRIVACY POLICY CONSTITUTE THE SOLE AND ENTIRE AGREEMENT BETWEEN YOU AND THE FOUNDATION REGARDING THE WEBSITE AND SUPERSEDE ALL PRIOR AND CONTEMPORANEOUS UNDERSTANDINGS, AGREEMENTS, REPRESENTATIONS, AND WARRANTIES, BOTH WRITTEN AND ORAL, REGARDING THE WEBSITE.

EFFECTIVE DATE
OCTOBER 5, 2017

CONTACT INFORMATION
FOR ADDITIONAL INFORMATION ABOUT THE FOUNDATION OR IF YOU HAVE QUESTIONS REGARDING THIS AGREEMENT, PLEASE CONTACT THE FOUNDATION AT ONE OF THE ADDRESSES BELOW:
312 EAST ILLINOIS AVENUE
MIDLAND, TEXAS 79701
INFO@GISTMEMORIALFOUNDATION.ORG

THANKS SO MUCH FOR VISITING!