PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE TEXASBENEFITS.CENTER (this “Site”), as they apply to, govern, and control, along with the Privacy Policy accessible on the Site, your use of and access to the Site and all of the information and materials displayed, communicated, or otherwise made available on the Site. By accessing or using this Site, You agree to comply in all respects with, and be bound by these Terms of Use, as they may be supplemented, amended, updated, revised, or otherwise modified from time to time and all applicable laws, as may be amended form time to time. If you do not agree to these Terms of Use you may not access or use this Site.

Please be advised that Health for Her , a 501(c)(3) non-profit organization does not provide abortions or refer for abortions, whether through TEXASBENEFITS.CENTER or otherwise.

1. Privacy

In addition to these Terms of Use, your access to and/or use of the Site and the content thereon signifies and constitutes your agreement to be bound by and subject to the Privacy Policy and the terms and conditions thereof, as may be supplemented, amended, revised, updated, or otherwise modified from time to time. The Privacy Policy is accessible on and through the Site. Please refer back to the Privacy Policy on a regular basis to make sure you are at all times aware of the most up-to-date Privacy Policy.

2. Use of Site; Personal and Non-Commercial Use Limitation.

The Site is for your personal and noncommercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, materials, other content, software, products, or services obtained from the Site.

3. Electronic Communications.

Visiting TEXASBENEFITS.CENTER or sending emails to Health for Her constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

As more particularly set forth in the Privacy Policy, we, by and through TEXASBENEFITS.CENTER, do not knowingly collect, store, use, or disclose personal information from persons under the age of thirteen. If you are under 18, you may use TEXASBENEFITS.CENTER only with permission of a parent or guardian.

4. No Unlawful or Prohibited Use; Intellectual Property.

As a condition of your access to and use of the Site, you warrant and represent that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

Any use or publication of offensive, defamatory, obscene, lewd, threatening, harassing, abusive, hateful, illegal, or otherwise inflammatory language or material, or language or material that is invasive of privacy or publicity rights, as determined by us in our sole and exclusive judgment and discretion, by you in any form, including without limitation, whether in posted comments, questions, attachments, links, or any other material or medium, is expressly prohibited. In addition, you shall not (a) harass or annoy other users of the Site, (b) impersonate others or otherwise hold yourself out as being someone else on the Site, (c) engage in or promote conduct that is offensive, illegal, or violates these Terms of Use, or (d) transmit illegal information or material on or through the Site. Any such prohibited content, conduct, or use may result in the denial of your access to and use of the Site, as well as the pursuit by us of any demands, claims, actions, and remedies against you, and any other additional consequences, that are available to us and are permissible under law.

All content included on the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is our property or that of our suppliers or licensors and is protected by applicable copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. TEXASBENEFITS.CENTER content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal, noncommercial use, and will make no other use of the content without our express prior written permission and that of the owner of the content, if different than us. You agree that you do not acquire any ownership rights, title or interest, or a license, express or implied, in the Site or any content. We do not grant you any licenses, express or implied, in or to our intellectual property or that of our licensors.

5. International Users.

The Site is controlled, operated, and administered by us within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all applicable laws. You agree that you will not use the Site or the content accessed on or through the Site in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

6. Indemnification.

You agree to indemnify, defend, and hold us harmless, including our officers, directors, employees, agents, representatives, licensors, successors, and assigns, from and against any and all losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) directly or indirectly arising out of, relating to, resulting from, or in connection with (a) your access to or use of, or your inability to access or use, the Site, content, or services, (b) any dealings, communications, or interactions you have with us and the outcome, results, or effects thereof, (c) your violation or other breach of these Terms of Use, (d) your violation of any rights of a third party, or (e) your violation of any applicable laws, rules, or regulations. We reserve the right, though do not have an obligation, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will make payment of any and all attorneys’ fees, costs, and expenses incurred by us and fully cooperate with us in asserting any available defenses.

7. Disclaimer of Warranties.

THE INFORMATION, SOFTWARE, AND ANY PRODUCTS, SERVICES, AND GRAPHICS INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE IMPROVEMENTS AND/OR CHANGES IN AND TO THE SITE AT ANY TIME AND FOR ANY REASON IN OUR SOLE DISCRETION.

WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF (A) THE SITE, OR (B) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND GRAPHICS CONTAINED, PROVIDED, OR MADE AVAILABLE ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND GRAPHICS ARE PROVIDED ON AN “AS IS” AND “WHERE IS” BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE HEREBY DISCLAIM ANY AND ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS WITH REGARD TO THE SITE AND ALL INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND GRAPHICS CONTAINED, PROVIDED, OR MADE AVAILABLE THEREON, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

8. Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY ACTUAL, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES OF ANY KIND WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF, RESULTING FROM, RELATED TO, OR IN ANY WAY CONNECTED WITH (1) YOUR ACCESS TO OR USE OF THE SITE, (2) THE DELAY OR YOUR INABILITY TO ACCESS OR USE THE SITE, (3) THE PERFORMANCE OF THE SITE, (4) THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS, SERVICES, OR FUNCTIONS ACCESSED BY AND THROUGH THE SITE, (5) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND GRAPHICS OBTAINED ON OR THROUGH THE SITE, OR (6) ANY OTHER INJURY, DAMAGE, OR LOSS OTHERWISE ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF INJURY, DAMAGES, OR LOSS. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATION WITH RESPECT THERETO MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

9. Security.

The communication of information over the Internet, whether sent or received, is generally not secure. Notwithstanding any other provision of these Terms of Use or the Privacy Policy, and in no way expanding the scope of privacy protections that may be set forth therein, we cannot, and do not, warrant or guarantee the confidentiality or security of any information in the transmission thereof to or from the Site.

10. Termination/Access Restriction.

We reserve the right, in our sole discretion, to terminate your access to and use of the Site and any related goods and services or any portion thereof at any time, without notice. Access to and use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists or is created between you and us as a result of these Terms of Use or your access to and use of the Site. Nothing contained in these Terms of Use is in derogation of our right or obligation to comply with governmental, court, and law enforcement requests or requirements, including without limitation disclosure requests or requirements, relating to your access to and use of the Site or information provided to or gathered by us with respect to such access and use.

11. Modifications to Terms of Use.

We reserve the right, in our sole discretion, to amend, supplement, update, alter, revise, or otherwise modify these Terms of Use at any time and for any reason. Any such amended, supplemented, updated, altered, revised, or modified Terms of Use shall be binding upon all visitors to and users of the Site and immediately effective upon the posting thereof to the Site. Your continued access to and use of the Site upon the posting of any amended, supplemented, updated, altered, revised, or modified Terms of Use constitutes your acknowledgment, acceptance, and agreement thereto and to be bound thereby. You are responsible for regularly reviewing these Terms of Use for any amendment, supplement, update, alteration, revision or other modification.

12. Choice of Law; Exclusive Venue.

Your access to and use of this Site shall be governed by and construed in all respects by and in accordance with the laws of the State of Texas, U.S.A., without giving effect to conflicts of law provisions. You agree that the exclusive venue and jurisdiction for any legal proceeding directly or indirectly arising out of, relating to, or in connection with this Site and your access to and use thereof shall be the state or federal courts located in Collin County, Texas. Any cause of action or claim you may have with respect to the Site and/or your access to and use thereof must be commenced within one (1) year after the claim or cause of action arises.

13. Arbitration.

By using this Site, you agree that we, at our sole discretion, may require you to submit any disputes arising out of, relating to, resulting from, or otherwise in connection with the access to or use of this Site, or these Terms of Use concerning or including disputes arising from or concerning their interpretation, violation, nullity, or invalidity, as well as disputes about filling gaps in these Terms of Use or their adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the State of Texas, without giving effect to conflicts of law provisions as set forth in the previous section.

Any award in an arbitration initiated under this clause shall be limited to monetary damages, as limited by the limitation of liability under Section 8 of these Terms of Use, and shall include no injunction or direction to any party other than the direction to pay a monetary amount and an exclusion imposed upon you from using or accessing the Site.

14. Severability; Savings.

Should any provision or part of these Terms of Use for any reason whatsoever be adjudged by any court of competent jurisdiction, or be held by any other competent government authority having jurisdiction, to be invalid, unenforceable, or illegal, such judgment or holding shall not affect, impair, or invalidate the remainder of these Terms of Use, but shall be confined in its operation to the provision or part of these Terms of Use declared to be invalid, unenforceable, or illegal, and the remainder of these Terms of Use shall remain in full force and effect.  Moreover, a determination of invalidity, unenforceability, or illegality shall be limited to only those jurisdiction(s) that adjudge or otherwise hold such provision or part to be invalid, unenforceable, or illegal, and such provision or part shall remain in force and effect in other jurisdictions where it is valid, enforceable, and legal. If necessary, the provision or part that is determined to be invalid, unenforceable, or illegal may be replaced or modified by way of amendment of these Terms of Use, with language that is valid, enforceable, and legal and that preserves the intent of such provision or part.

15. No Waiver.

Any failure on our part to enforce at any time any one or more of the terms or conditions of these Terms of Use shall in no way be or constitute a waiver by us of such terms or conditions or of our right to enforce such terms or conditions at any other time, nor shall it be a waiver of or otherwise affect our right to enforce any other term or condition of these Terms of Use.

16. Entire Agreement.

These Terms of Use, as may be modified from time to time, and the Privacy Policy referenced and incorporated herein, as may be modified from time to time, constitute the entire agreement with respect to your access to and use of the Site and the content as well as any and all other subject matter hereof and supersede and replace any and all prior and contemporaneous agreements and understandings in connection therewith. No covenant or condition that is not expressed in these Terms of Use shall affect or be effective to interpret, change, or restrict these Terms of Use. There are no representations, agreements, or inducements other than those set forth expressly and specifically in these Terms of Use upon which you have relied to agree to and accept these Terms of Use.

17. Headings and Captions.

The headings and captions used in these Terms of Use are for convenience only and shall not limit, expand, affect, alter, or otherwise modify the meaning of any text.

18. Attorneys’ Fees, Costs, and Expenses.

Should we demand, file suit, or otherwise claim or defend the enforcement of these Terms of Use, we may recover our reasonable and necessary attorneys’ fees, together with all costs and expenses, incurred with respect thereto.

19. Complaint Procedures.

Any suspected or known violations of these Terms of Use or misuse of the Site or the content should be reported to us immediately by submitting a communication to us via our contact form.