Welcome to our website (“Website”). This Website is owned and operated by Heart of Fashion LLC. Texas Legacy Foundation, Inc., a charitable 501(c)(3) non-profit organization, is Heart of Fashion LLC’s charitable organization of choice. A portion of the proceeds received from ticket purchases will be donated to Texas Legacy Foundation, Inc., and all proceeds from auctions and donations will be received by Texas Legacy Foundation, Inc.
This is a binding contractual agreement between you on one hand, and Heart of Fashion LLC and Texas Legacy Foundation, Inc. on the other hand. Heart of Fashion LLC and Texas Legacy Foundation, Inc. are separate entities with separate ownership and separate governing authorities, but for ease of reference in this Agreement “HOF” means both Heart of Fashion LLC and Texas Legacy Foundation, Inc., individually and collectively, unless otherwise provided.
The Terms & Conditions and the Bidding Terms are incorporated into one another by reference and are referred to individually and collectively as the “Agreement.”
Your visitation, registration for an account, access and/or use of this Website constitutes your acceptance of this Agreement (as defined below). HOF may modify the Agreement at any time without prior notice to you. Such modification shall be effective immediately upon the first of the following events to occur: (1) posting of the modified Agreement to the website, or (2) upon otherwise notifying you of the modified Agreement. You agree to periodically review the terms and conditions set forth in this Agreement to ensure that you are aware of any modifications.
NOTIFICATION OF ARBITRATION CLAUSE AND CLASS ACTION/JURY TRIAL WAIVER
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL BINDING ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION, AS set forth BELOW.
“Agreement” means these Terms & Conditions and the Bidding Terms[Link to Bidding Terms], individually and collectively.
“HOF” means, for ease of reference herein, Heart of Fashion LLC and Texas Legacy Foundation, Inc., individually and collectively, and their respective parents (if any), subsidiaries, affiliates, successors and assigns.
“Personally Identifiable Information” means any information that identifies a natural person, such as name, Social Security Number or other government-issued number, date of birth, address, telephone number, biometric data, and the like.
“Person” means a natural person, entity, association or organization, unless otherwise specified.
“Website” means any and all pages of the website (individually and collectively) you are viewing at the moment, and also includes any and all websites owned, operated or controlled by HOF.
“User” or “you” or “your” refers to any and all natural persons, entities, associations and/or organizations who visit, create an account with, access or use this Website in any way imaginable, whether through existing technology or through technology not heretofore manufactured, devised or discovered, or who request, purchase, subscribe to, access, or otherwise use the goods and services offered on this Website.
You agree keep to your password confidential and not to distribute it or otherwise allow anyone other than you to access your account. Your password is the key to all of the information in your account.
Any communication you make on this Website or over the Internet, whether sent via e-mail, via a form on the Website, or a message board, etc., should be regarded as an insecure communication, unless we explicitly state on a particular web page that you can expect the communication to be secure or encrypted.
Refusal & Termination of Service
HOF reserves the right to terminate or refuse service to anyone, at any time, for any reason or no reason at all, without prior notice, including, without limitation, for violating any provision of this Agreement.
You may not use or otherwise export or re-export the Website and/or its content, except as authorized by United States law. The Website and its content may not be exported or re-exported (i) into (or to a national or resident of) any U.S.-embargoed country, (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals, or (iii) to anyone on the U.S. Department of Commerce’s Table of Denial Orders. You represent and warrant that you are not a resident or national of any such country on any such list, and are not located in, under the control of, acting on behalf of or in concert with, a resident or national of any such country or on any such list.
License to Use the Website
HOF grants, subject to the terms of this Agreement, a limited, non-transferable, non-sublicensable, non-exclusive license to use the software, content and documentation which it owns or of which it is a licensee for the limited purposes accessing, exploring and using the Website in real time in a manner consistent with these Terms & Conditions.
Intellectual Property Rights in the Website
Unauthorized duplication of this Website, in whole or in part, or of any plans, designs, specifications, data or content made available from the Website (except as expressly authorized herein) is a violation of the Copyright Act of 1976.
Unless otherwise stated, HOF owns the copyright in this Website and is the owner or a licensee of the content hereon, including, without limitation, all text, graphics, images, video material, audio material, audiovisual material, and other content, regardless of media format, whether now existing or hereafter arising (“Copyright Material”). The Copyright Material is protected by United States and international copyright laws. You may display and download portions of the Website solely for your own personal, non-commercial use. You agree not to change or delete any proprietary notices from materials downloaded from the HOF Website. All other uses, including, without limitation, the reproduction, copying, modification, distribution, sale, lease, transmission, republication, performance, or display, or any commercial use of the content on this site are strictly prohibited by law.
HEART OF FASHION™ and TEXAS LEGACY FOUNDATION™ and their respective logos, designs, images, and graphical depictions are trademarks, trade names, or service marks of those entities (individually and collectively the “Trademarks”). The Trademarks may not be used in any manner by any person or in connection with any product or service, without the express written authorization of an officer or director of Heart of Fashion or Texas Legacy Foundation, as the case may be. All other trademarks, service marks, and trade names are the property of their respective owners and are used on this site by virtue of a right or license from their respective owners.
Notice and Procedure for Making Claims of Copyright Infringement
Notice of Claimed Infringement
Pursuant to 17 U.S.C. § 512, claims of copyright infringement must be submitted to the following designated agent:
Henry “Hank” J. Fasthoff, IV
Fasthoff Law Firm PLLC
3000 Weslayan, Suite 305
Houston, Texas 77027
hank @ fasthofflawfirm.com
To be effective, the notification must be a written communication that includes the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) A reasonably detailed description of the alleged infringing material, or, if multiple copyrighted works are alleged to be infringing, a representative list of such works on this website;
(iii) A reasonably detailed description of where the alleged infringing material is located on this website;
(iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(v) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe that your content that was removed pursuant to a Digital Millennium Copyright Act notice we received is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to law, to post and use the content, you may send a counter-notice containing the following information to the Copyright Agent at the address listed above:
(i) Your physical or electronic signature;
(ii) Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
(iii) A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
(iv) Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Cook County, Illinois, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
HOF values and encourages feedback. Pursuant to HOF’s policy, however, we do not accept or consider creative ideas, suggestions, or materials other than those specifically requested from you by HOF. If you choose to send any creative submissions to us, whether at HOF’s request, or despite our request that you do not send submissions to us, then you hereby irrevocably assign and transfer to HOF any and all rights, throughout the universe, in and to each submission (including the individual elements of each submission), without any compensation therefore, including, without limitation, all domestic and foreign copyrights, trademark rights (and goodwill appurtenant thereto), patent rights, trade secret rights, know-how, and all other intellectual property rights and other rights, whether now existing or hereafter arising. To the extent moral rights may not be assigned or transferred, you hereby irrevocably waive enforcement of any and all moral rights. HOF shall be entitled to complete unrestricted use of the submissions and all content, data and information contained therein for any purpose, whether commercial or otherwise, without compensation to, or recognition or acknowledgment of, the author(s) or provider(s) of the submissions.
Ticket purchases, auction purchases and donations are not refundable. We appreciate your understanding.
User Representations & Warranties
You represent and warrant that you are at least 18 years of age and have reached the age of majority in the location where you reside. You further represent and warrant that you possess the legal right and ability to enter into this Agreement and to use the Website in accordance with this Agreement. You agree to be financially responsible and otherwise responsible for your use of the Website, and to comply with your responsibilities and obligations as stated in this Agreement. You further agree to (i) provide true, accurate, current and complete information about you as requested by the forms available on this Website; and (ii) to maintain and update your information to keep it secure, true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, HOF has the right to terminate your account and refuse any and all current or future use of the Website.
You further represent and warrant that you will not provide to us the name, address, email address, phone number, or other personal identifying information of any person under the age of 13. Violation of this provision is grounds for immediate cancellation of any orders, goods, and services offered hereunder.
Governing Law, Jurisdiction, & Venue; Arbitration
All uses of the Website, and all content contained herein, including, without limitation, any disputes arising under or related to this Agreement, shall be governed by and interpreted pursuant to the laws of the State of Texas and the United States of America without regard for conflicts of laws principles. All disputes arising under or relating to the Agreement and/or your visitation, access or use of the Website, shall be submitted to and resolved by binding arbitration in Harris County, Texas, and any award shall be confirmed exclusively in the courts situated in Harris County, Texas. You further irrevocably agree and consent to the exclusive jurisdiction and venue of the courts situated in Harris County, Texas for the purposes of reviewing, confirming or otherwise relating to any arbitration award, and you hereby expressly waive jurisdiction and venue in any other forum for such purposes. Any arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all findings of fact and conclusions of law, and shall be kept confidential and not disclosed for any purpose except as required by law, e.g., disclosure to tax advisors for the purpose of filing a tax return. Any such arbitration shall include a written record of the arbitration hearing.
WAIVER OF CLASS ACTION/JURY TRIAL
ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. YOU MAY NOT JOIN OR CONSOLIDATE CLAIMS OR PARTIES IN ARBITRATION, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, AND YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO FILE ANY SUCH CLAIM OR PARTICIPATE IN ANY PROCEEDING IN ANY SUCH CAPACITY. YOU FURTHER HEREBY IRREVOCABLY WAIVE YOUR RIGHT TO A JURY TRIAL.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS HEART OF FASHION LLC, TEXAS LEGACY FOUNDATION, INC., AND THEIR RESPECTIVE PARENTS (IF ANY), SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THE FOREGOING’S PAST, PRESENT AND FUTURE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, MANAGERS, PARTNERS, SHAREHOLDERS, OWNERS, ASSOCIATES, JOINT VENTURERS, CONTRACTORS, ATTORNEYS, INSURERS, AGENTS AND REPRESENTATIVES (INDIVIDUALLY AND COLLECTIVELY, THE “INDEMNIFIED PARTIES”), FROM AND AGAINST ALL LIABILITIES, DAMAGES, CLAIMS, CAUSES OF ACTION, COSTS, ATTORNEY’S FEES, AND ALL OTHER COSTS AND EXPENSES, IN CONNECTION WITH, ARISING OUT OF, OR RELATING TO (I) YOUR ACTUAL OR ALLEGED BREACH OF THIS AGREEMENT (II) YOUR ACTUAL OR ALLEGED NEGLIGENT, WILFUL OR INTENTIONAL ACTIONS OR OMISSIONS ARISING OUT OF OR RELATING TO YOUR REGISTRATION, VISITATION OR USE OF THIS SITE; PURCHASE, POSSESSION, USE OR NONUSE OF A TICKET AND/OR PURCHASE, POSSESSION, USE OR NONUSE OF AN AUCTION ITEM, OR MAKING A DONATION. THE INDEMNIFIED PARTIES MAY, AT THEIR SOLE DISCRETION, CHOOSE TO PARTICIPATE IN THE DEFENSE OR ANY MATTER OR CLAIM OR NEGOTIATED SETTLEMENT. NO SETTLEMENT WHICH MAY HAVE THE POTENTIAL TO AFFECT AN INDEMNIFIED PARTY’S RIGHTS IN ANY WAY SHALL BE ENTERED INTO WITHOUT SUCH INDEMNIFIED PARTY’S PRIOR WRITTEN APPROVAL.
LIMITATION OF LIABILITY
ACCESS TO AND USE OF THIS WEBSITE IS PROVIDED ON AN “AS IS” BASIS. YOU AGREE THAT HEART OF FASHION LLC, TEXAS LEGACY FOUNDATION, INC., AND THEIR RESPECTIVE PARENTS (IF ANY), SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THE FOREGOING’S PAST, PRESENT AND FUTURE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, MANAGERS, PARTNERS, SHAREHOLDERS, OWNERS, ASSOCIATES, JOINT VENTURERS, CONTRACTORS, INSURERS, AND REPRESENTATIVES (INDIVIDUALLY AND COLLECTIVELY, THE “LIMITED PARTIES”), SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, OR FOR ANY INDEMNITY, REGARDLESS OF THE NATURE OR CAUSE OF THE DAMAGES OR INDEMNITY, THAT ARISE OUT OF OR RELATE TO YOUR VISITATION OR USE OF THIS SITE; PURCHASE, POSSESSION, USE OR NONUSE OF A TICKET AND/OR PURCHASE, POSSESSION, USE OR NONUSE OF AN AUCTION ITEM, OR MAKING A DONATION, OR THE OFFERING OF CONTENT, INFORMATION, GOODS, SERVICES, OR OTHER MATERIAL ON, OR ACCESSIBLE THROUGH, THIS WEBSITE AND/OR IN ANY EMAILS, NEWSLETTERS, OR IN ANY EXTERNALLY-LINKED THIRD PARTY SITE. WITHOUT LIMITING THE FOREGOING, THE LIMITED PARTIES SHALL NOT BE LIABLE FOR ACTUAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, AND/OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER CAUSE, LOSS, ACTION, CLAIM, OR DAMAGE, INCLUDING LOSS OF TIME, LOSS OF OPPORTUNITY, LOSS OF BUSINESS, LOSS OF EARNINGS, OR INJURY TO PERSON (INCLUDING DEATH) OR PROPERTY.
DISCLAIMER OF ALL OTHER WARRANTIES
ALL PRODUCTS, SERVICES, MATERIALS, INFORMATION, AND OTHER CONTENT ON THIS SITE ARE PROVIDED ON AN “AS IS” BASIS. HOF MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY TYPE, NEITHER EXPRESS NOR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, MATERIALS, CONTENT, PRODUCTS, OR SERVICES CONTAINED HEREIN. HOF EXPRESSLY DISCLAIMS ALL WARRANTIES OF ALL TYPES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.