MyFortBend.com

Terms and Conditions

My Fort Bend Terms of Use

MyFortBend.com desktop and mobile websites (the “Sites”) and other services, such as emails, provided by My Fort Bend are a service (the “Service”) designed to make your life better. Unless we state otherwise, any new features or functionality provided on the Sites are also part of the Service. By accessing or using the Service, whether through a personal computer, mobile device or any other means, or submitting any content for publication or distribution, you agree to be bound by these Terms of Use.

Just like our local community, My Fort Bend is growing and changing every day, and thus the Terms of Use are subject to change at any time. The most current version of these Terms of Use can always be viewed on the Sites, and we will always let you know when the latest update occurred—just check the “Effective Date” on the end of these Terms of Use. If you submit any content after the latest Effective Date, we assume that you have accepted the new Terms of Use.

Use of the Service

You may use this Service solely for personal and non-commercial purposes. That is to say: You can’t use the Service to make a living or for any other purpose or in any other manner unless you enter into a separate written agreement with us that says you can. You may download and print a single copy of the content of the Service solely for your personal, non-commercial use and provided that you do not delete or modify any copyright or other proprietary notice. Keep in mind that all applicable laws, rules and regulations and any agreements or terms with third parties to which you are subject still apply.

In order to comprehensively cover your community, the Service contains information on businesses, establishments, public services and other third parties, as well as news, feature stories, images, video, audio and other materials. The Service may provide you with other ways to access and use such information and materials—for instance, we give you the option to receive our emails and bookmark our items in other social networking services. We try to ensure everything passes muster, but My Fort Bend makes no guarantee that any information provided or accessed on or through the Service is accurate, current or complete. Your use of the information we provide or that you obtain on or through the Service is at your own risk. If you think something looks fishy, please let us know. You agree that you will not hold My Fort Bend liable for any inaccurate, incomplete, outdated or missing information provided on or through the Service.

Registration

We want everyone to enjoy My Fort Bend, so you may use the Service without registration (i.e., without signing up with a name, email address and password). However, in order to access or use some aspects of the Service, you will need to register for an account. Your account is for your sole, personal use. You may not allow others to use your account and you may not assign or otherwise transfer your account to any other person or entity. If someone else wants an account, they can easily sign up themselves. We ask that the email address you provide when you register be a valid email address for you. We encourage, but do not require, that the user name you provide be your real name. You are responsible for the security of your password and will be solely liable for any use or unauthorized use under such password. Therefore, if you share a computer with others, don’t allow your Internet browser to automatically save your password. Also, don’t write your password on a Post-It note and leave it on your desk for all to see – but you knew that!

Your License to My Fort Bend

My Fort Bend is built to let you do fun things such as share and upload photos, videos, text, and other materials and information (all of which we call “Your Content”). When you do this, you own Your Content except as you may otherwise agree. However, by sharing or uploading Your Content, you grant My Fort Bend (and any of My Fort Bend’s contractors and licensors with respect to any of Your Content you provide to them through your use of our Site) a perpetual, worldwide license to use, redact, republish, copy, perform, modify, adapt and distribute Your Content and your screen name, including, without limitation, any intellectual property contained therein, in any medium now known or hereinafter developed, without payment or compensation to you and without seeking any further approval from you. We may also use your name, likeness, publicly accessible biographical data and any other information in connection with such use of Your Content. You acknowledge that our use of Your Content may include licensing Your Content to third parties and/or using Your Content for advertising purposes. In no event will we be required to seek your approval or provide you with any compensation in connection with any such use. You warrant (that is, promise us) that Your Content complies with these Terms of Use and that nothing contained within Your Content would require us to seek permission of a third party in order to use Your Content as described in these Terms of Use.

Acceptable Use

While we encourage people to be honest and post what’s on their mind, communities thrive when people care about each other, and as such, My Fort Bend expects all of its users to be respectful of others. This means that whether you are being complimentary or critical, whether you are agreeing or disagreeing with the subject of an article or another user’s comment, you should act in a civil manner and refrain from personal attacks – after all, these are your neighbors.

My Fort Bend is under no obligation to enforce the My Fort Bend Terms of Use on your behalf or based on a claim by you that another user has breached any of these Terms of Use. While we encourage you to let us know if you believe that another user has breached these Terms of Use or has engaged in other unacceptable behavior by reporting it to info@myfortbend.com. My Fort Bend will make the sole determination, in My Fort Bend’s sole discretion, as to whether Your Content or any other content is acceptable for the Service.

Because My Fort Bend provides a platform for wide-ranging commentary – both positive and negative – by members of local communities, you should keep in mind that, even if you disagree with or object to a comment or review, My Fort Bend typically does not remove comments or reviews in response to requests from users. My Fort Bend’s role is not to arbitrate disagreements between community members and local businesses, or among community members.

By using the Service, you agree that you will not hold My Fort Bend responsible or liable for any content or information from other users that you access on or through the Service.

You are solely responsible for Your Content that you post on the Service or transmit to other users. Without limitation, you agree that Your Content that you post or transmit to other users using the Service will not include any content that:

• is defamatory, abusive, obscene, profane or offensive;
• infringes or violates another party’s intellectual property rights (such as music, videos, photos or other materials that you do not own, or for which you do not have written consent from the owner of such materials to post on the Service);
• violates anyone’s right of publicity or right of privacy;
• is threatening or harassing, or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• promotes or encourages violence;
• is inaccurate, false or misleading in any way;
• is illegal or promotes any illegal activities;
• promotes illegal or unauthorized copying of another person’s copyrighted work or links to them or providing information to circumvent security measures;
• contains “masked” profanity (e.g., F@&#)
• contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or
telecommunications equipment; or
• contains or links to any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.

My Fort Bend will make all determinations as to what content is appropriate, at its sole discretion. We may include, edit or remove any content at any time, for any reason, and without notice.

In keeping with our “Don’t trick anyone” request, you may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Service. Further, you may not use any such automated means to manipulate the Service or attempt to exceed the limited authorization and access granted to you under these Terms of Use. And, you may not resell use of, or access to, the Service to any third party.
Local Promoted Events
Promoting an event may require a fee. All fees are non-refundable, even if we remove the event — sorry. Payment may made be by valid credit card or by another payment method allowed by My Fort Bend. By making a purchase, you authorize My Fort Bend to bill your selected payment method. All amounts are in US dollars, and any tax is additional. All events posted to the calendar are subject to these Terms of Use, in addition to, and not in limitation of, any other terms or conditions made available at the time the classified or event is posted.
You agree that any dispute between you (as the attendee at an event) and another party with whom you interact as a result of or in connection with any local calendar event does not involve My Fort Bend, and you hereby release My Fort Bend from any claims, and agree to indemnify My Fort Bend from any claims, based on or resulting from your, or anyone else’s, acts or omissions in connection with local deals, classifieds or events.

Business Listings

My Fort Bend does not store any sensitive credit card data on myfortbend.com or My Fort Bend servers. Payment forms process credit card data using a third party service called Stripe. My Fort Bend server is provided by WPEngine.

My Fort Bend business listing signup form uses an SSL certificate to provide safe input of user information. This is required for myfortbend.com to process credit card payments.

To cancel your paid business listing, simply contact us at info@myfortbend.com. Your business listing will be downgraded from the paid features to a free listing. There is no contracts or cancellation fees, you can cancel anytime. Free listings are free forever.

To change or update any information on your business listing, simply email us at info@myfortbend.com

Termination of Access

We want to keep My Fort Bend a safe and friendly place, so in addition to any right or remedy that may be available to us under these Terms of Use or applicable law, we may suspend, limit or terminate your account, or all or a portion of your access to the Service, at any time with or without notice and with or without cause. In addition, we may refer any information on illegal activities, including your identity, to the proper authorities – that includes the police and/or your parents, or take any other action we believe to be in the interest of My Fort Bend and users of the Service.

Privacy

The privacy of your personally identifiable information is very important to us. For more details on what information we collect and how we use it, please read our Privacy Policy. The Service is not directed at children, and My Fort Bend will not knowingly collect personally identifiable information from any child under age 13.

Links

In order to provide you with as much relevant information as possible, the Service may contain links to other websites not provided by us. The links may include listings that provide you with further information, or links that have been included in materials uploaded to the Service by a party other than My Fort Bend. Be aware when you leave our Service and read the terms and conditions and privacy statements of each and every website you visit, even if they are not as charming as ours. We are not responsible for the practices or the content of such other websites or services. Despite any links that might exist on the Service, we do not endorse and are not affiliated with such third parties.

Our Proprietary Rights

We work hard on our content and other materials and (surprise) require that you don’t steal them. My Fort Bend or its licensors are the exclusive owners of all content, copy, software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained on or used in connection with the Service. Except as set forth herein, or a “fair use” as permitted under applicable law, you agree not to copy, distribute, publish, enter into a database, modify, make derivative works of or otherwise use or exploit any part of the Service or any content or other materials on the Service without the prior written consent of the owner of such materials. All rights not granted under these Terms of Use are reserved by My Fort Bend. If you want to use something but think it might belong to us, please ask before taking it.

No Warranties

Ah yes, lawyers will definitely love this section, but everyone should pay attention: THE SERVICE, INCLUDING ALL CONTENT AND MATERIALS MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, IS PROVIDED “AS IS” AND “AS AVAILABLE.” WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR OR WITH RESPECT TO THE CONTENT ON THE SERVICE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF, OR INABILITY TO USE, THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS OR OMISSIONS CONTAINED THEREIN PROVIDED BY THIRD PARTIES. REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES, IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES. AS USED IN THIS SECTION, “WE” AND “OUR” INCLUDES MY FORT BEND’S EMPLOYEES, CONTRACTORS AND LICENSORS. (Sorry to yell at you.) Back to our inside voice: If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason, or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities shall not exceed the lesser of (a) the amount paid by you for your use of the Service during the prior twelve (12) months or (b) ten dollars ($10).

Indemnity

We made these Terms of Use for a reason. Therefore, we can’t be held responsible if you disregard them. You agree to defend, indemnify and hold harmless My Fort Bend, its officers, directors, members, employees, licensors, licensees, business partners and agents, and their respective heirs, successors and assigns, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, but not limited to, attorney’s fees) arising from: (a) any breach or alleged breach by you of any of these Terms of Use, (b) Your Content, (c) your use of materials or features available on the Service (except to the extent a claim is based upon infringement of a third party right by materials created by My Fort Bend and used in strict accordance with these Terms of Use) and/or (d) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

Reporting Claims of Copyright Infringement – Digital Millennium Copyright Act (“DMCA”) Notice

We can’t control what other people post on the Service. We respect the copyright interests of others, and it is our policy not to permit materials that we know to infringe another party’s copyright to remain on the Service and, in appropriate circumstances, to terminate the accounts of repeat infringers. If you believe any materials on the Service infringe a copyright, you should provide us with written notice that at minimum contains:

1. A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Service are covered by a single notification, a representative list of such works;
3. Identification of the content or material on the Service that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information, e.g., a link and screenshot, reasonably sufficient to permit us to locate the content or material;
4. 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;
5. A statement that the complaining party has a good faith belief that use of the content or material in the manner complained of is not authorized by the copyright owner, its agent, or by law; and
6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Electronic Communication

By accessing or using the Service, registering, sending an email or otherwise communicating with My Fort Bend through the Service, you are communicating with My Fort Bend electronically, and you agree to receive electronic communication from My Fort Bend, by email and by posting to the Site. You agree that any electronic communication from My Fort Bend satisfies any legal requirements that such communication must be in writing. You also agree that any communications or materials that you provide to My Fort Bend or the Service, including, without limitation, by posting to the Service, email or otherwise, are and will be treated as non-confidential and non-proprietary.

General

The Service is controlled and operated by My Fort Bend. My Fort Bend makes no representation that any content on the Service is appropriate or available for use in other locations. You are solely responsible for ensuring that your access to and use of the Service complies with all applicable laws, statutes and regulations of your jurisdiction, including, without limitation, export and import regulations. My Fort Bend reserves the right, in its sole discretion, to terminate your access to the Service, or to modify or discontinue the Service, in whole or in part, at any time and without notice. You agree that My Fort Bend will have no liability to you or to any third party for any termination, modification, or discontinuance of the Service.

Severability

We consider our Terms of Use to exist as individual parts of a larger whole. If any part of these Terms of Use are held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use. This means that even if one part of these Terms of Use is judged unsound, the rest still apply.

Contact Us

If you have any questions or comments about our Terms of Use or anything else, you may contact us at: My Fort Bend, LLC, 7915 Cedar Hawk Ln Richmond, TX 77469.
Email: info@myfortbend.com

Effective Date
These Terms of Use were last updated on July 15, 2017.