The Houstonian Club Business Directory’s sole purpose is to bring local consumers and local businesses together. The information contained in this website is for general informational purposes only. While we endeavor to keep the information up-to-date and as accurate as possible, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained thereon. Any reliance you place on such information is therefore done strictly at your own risk.
Houstonian Campus, LLC (the "Houstonian Club”) does not review web pages or links and makes no assurances as to the nature of content although Houstonian Club will not knowingly provide to, or accept from any business advertiser, Web Pages that contain, or the links to websites that contain anything illegal, pornographic, degrading or abusive to another person, including, but not limited to, hate-group propaganda; or provide links to such material that may provide material that is grossly offensive, including , but not limited to, expressions of bigotry, racism, hatred, profanity; or for promoting or providing instructional information about illegal activities, or promoting physical harm or injury against any individual, group, race or country.
The Houstonian Club WILL NOT be responsible, nor held liable for, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Houstonian Club website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings. These actions are solely between you and such advertiser. You agree that The Houstonian Club shall not be responsible or liable for any loss or damage of any sort in connection with the use of this website or incurred as the result of any such dealings or as the result of the presence of such advertisers on The Houstonian Club, including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits.
You may be able to link to other websites through our website. These linked websites are under the control of the third parties that operate them, and the Houstonian Club has no control over the nature, content and availability of those sites. The inclusion of any such links on our website does not necessarily imply a recommendation or endorsement of the content or the views expressed within any such linked website. Further, the Houstonian Club makes no guarantee as to the availability of its web site or of the products and/or services available on the Advertiser pages or the Advertiser linked websites. The opinions and views expressed do not necessarily reflect those of The Houstonian Club. Every effort is made to keep our website up and running smoothly. However, the Houstonian Club takes no responsibility for and will not be liable if the website is temporarily unavailable due to technical problems or other issues beyond our control.
The Houstonian Club reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the directory (or any part thereof) with or without notice. You agree that the Houstonian Club shall not be liable to you or to any third party for any modification, suspension or discontinuance of the directory.
PLEASE READ THE TERMS AND CONDITIONS BELOW CAREFULLY. IT IS IMPORTANT THAT YOU PRINT AND KEEP A COPY OF THESE TERMS AND CONDITIONS. BY CLICKING ON THE "I ACCEPT” BUTTON, YOU AGREE THAT YOU WILL BE LEGALLY BOUND AND THESE TERMS AND CONDITIONS WILL GOVERN YOUR RIGHTS AND RESPONSIBILITIES REGARDING THE USE OF THE HOUSTONIAN CLUB BUSINESS DIRECTORY SERVICES. YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS DOES NOT OBLIGATE THE HOUSTONIAN CLUB TO PUBLISH OR GUARANTEE THE LISTING OR OF SEARCH RESULTS WITH ANY ONLINE SEARCH SERVICE OR SEARCH ENGINE. ALL BUSINESSES WITH A LISTING UNDER THE BUSINESS DIRECTORY SHALL BE REFERRED TO HEREIN AS "ADVERTISER.”
THESE TERMS AND CONDITIONS ARE IN ADDITION TO ANY TERMS SPECIFIED IN AN ORDER FORM BETWEEN ADVERTISER AND THE HOUSTONIAN CLUB.
ADVERTISERS agree to provide products or services that may only be used for lawful purposes. Providing or solicitation of any material that violates United States Federal, State, or other policies or laws that may apply in this jurisdiction or your local area is prohibited. This may include material that is obscene, threatening, harassing, libelous, or in any way a violation of intellectual property laws. Advertisers also agree to abide by the policies of Houstonian Campus, LLC (the "Houstonian Club”) and any host server that The Houstonian Club may utilize. No material may be published on web pages provided by The Houstonian Club, or linked thru, or to, that would commonly be considered "indecent" or "adult material”.
The Houstonian Club respects the intellectual property of others, and we ask our ADVERTISERS to do the same. ADVERTISER represents and warrants that it is not in violation of and will not violate any intellectual property rights of third parties. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact the local authorities.
The Houstonian Club may cancel or terminate any or all of advertising or temporarily and/or permanently suspend its provisioning of, or access to a ADVERTISER listing, in whole or in part, without prior notice at any time in its sole discretion for any reason, including without limitation, if Houstonian Club concludes that: (i) ADVERTISER is in breach of any term hereof; or (ii) it determines that any listing and related advertising might be obscene or indecent, or otherwise objectionable or might violate a third party’s intellectual property or is otherwise legally actionable.
If a business listing contains links, such ADVERTISER hereby: (i) grants to the Houstonian Club and its sublicensees a royalty-free unrestricted right and license to establish such links and to link Advertisers of its listing to the website(s) designated in its advertising and to cause the link(s) to open new browser window(s) and publish the website(s) designated by such link(s) within such window within its advertising; and (ii) represents and warrants that (a) it has the right and authority to grant the foregoing right and license and that the foregoing does not infringe on any copyright or any other right of any other person, and (b) all copy and content of all websites to which its advertising links complies in all respects with all applicable laws and regulations.
Houstonian Club will use commercially reasonable efforts to maintain the availability and up-time of its website and disclaims any other obligations and warranties, whether express or implied, including without limitation (i) Houstonian Club does not warrant that the listing will be published without error or omission; (ii) Houstonian Club disclaims any warranty of merchantability or fitness for a particular purpose; (iii) Houstonian Club does not warrant the number of responses to ADVERTISER’s listing, any other business benefit or the suitability of ADVERTISER’s advertising for any business purpose; and (iv) the absolute availability and up-time of its website.
ADVERTISER understands that, except for its obligations to indemnify for losses below: (i) the total amount of damages that the Houstonian Club may recover from ADVERTISER related to this listing will not exceed the sum of the charges owed for the items of listing at issue; and (ii) Houstonian Club agrees to waive any claim for damages to the extent such damages exceed this amount. ADVERTISER agrees: (i) that the total amount of damages that it may recover from Houstonian Club related to this listing will not exceed the sum of the charges ADVERTISER has paid for the listing at issue (the lesser amount being referred to as the "Liability Cap”); and (ii) to waive any claim for damages to the extent such damages exceed the Liability Cap. Houstonian Club will have no liability for any error, omission, or default with regard to items for which no charge is assessed. The limitation of liability in this Paragraph will apply to the full extent permitted by law, and it will apply to any claim that ADVERTISER may have against the Houstonian Club, any affiliate or agent of Houstonian Club, any party that provides fulfillment or other services related to this listing, or any "Third Party Distribution Contractors.” "Affiliate” means the Houstonian Club, any of its subsidiaries and/or any of its affiliates. "Third Party Distribution Contractors” means third parties for whom the Houstonian Club provides a co-branded or private-label directory or through whom the Houstonian Club otherwise provides its directory services. The claims covered by this limitation of liability include, but are not limited to: any claims based on contract violations, torts (including but not limited to negligence or strict liability) or any other legal or equitable ground. Also included are any claims for lost business revenues, profits or the cost of other forms of advertising; any claims based on any error or omission in ADVERTISER’s listing; and any claims based on inaccessibility, interruptions, delays, defects, deletion of files or email, viruses or any failure of performance of the Houstonian Club. In no event will the Houstonian Club, any Affiliate or agent of the Houstonian Club, or any Third Party Distribution Contractor, be required to correct, or to give any special notice regarding, any error or omission in any listing. EXCEPT TO PROVIDE INDEMNIFICATION BELOW, IN NO OTHER EVENT WILL ANY PARTY BE LIABLE FOR ANY LOST OR PROSPECTIVE PROFITS OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, OR USE (IN CONTRACT, TORT OR OTHERWISE) UNDER OR IN RESPECT OF THIS AGREEMENT OR FOR ANY FAILURE OF PERFORMANCE HEREUNDER HOWEVER CAUSED, WHETHER OR NOT ARISING OUT OF SUCH PARTY’S SOLE, JOINT OR CONCURRENT NEGLIGENCE.
ADVERTISER agrees to indemnify and hold harmless the Houstonian Club or any of its employees, officers, directors, agents or stockholders from and against any and all liabilities, losses, damages, costs and expenses (including, without limitation, reasonable attorneys’ and accountants’ fees), deficiencies, judgments, actions, causes of action, proceedings, demands or claims of whatever nature arising from or in any way related to ADVERTISER’s listing in the Houstonian Club Business Directory.
ADVERTISER and Houstonian Club agree that ADVERTISER’s listing, the terms hereof, and all disputes relating to the foregoing will be governed by and interpreted according to the laws of the State of Texas and that any dispute will be subject to binding arbitration to be held in Houston, Texas.