Terms of Use

Last Updated: March 7, 2025

These Terms of Use (these “Terms”) apply to the website located at www.damahouston.org, including any related services and products (collectively, the “Site”), which is owned and operated by the Data Management Association of Houston  (“DAMA Houston,” “we,” “us,” or “our”). By accessing the Site, you agree to be bound by these Terms. If you use the Site on behalf of a company, business, or other entity, then (a) the terms “you” or “your” include you and such company, business, or entity, and (b) you represent and warrant that (i) you are authorized to bind such company, business, or entity to these Terms and (ii) you agree to these Terms on behalf of such company, business, or entity.

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU ATTEST THAT YOU ARE AT LEAST THE AGE OF MAJORITY IN YOUR STATE OR PROVINCE OF RESIDENCE AND ARE LEGALLY CAPABLE OF ENTERING INTO A BINDING CONTRACT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MUST NOT ACCESS OR USE THE SITE. THESE TERMS MAY BE UPDATED FROM TIME TO TIME. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE THE SITE.

You understand and agree that personal information that you provide through the Site shall be governed by our Privacy Policy, which is hereby incorporated and made part of these Terms.

  1. 1. Use of the Site
  1. The Site is intended for use by persons over eighteen (18) years of age. DAMA Houston does not knowingly solicit or collect information from persons under eighteen (18) years of age.
  2. You may use the Site to access information, data, text, sound, photographs, graphics, video, messages, or other materials as may be posted on the Site from time to time. Any Site updates, enhancements, or new features are subject to these Terms. 
  3. DAMA Houston may change, suspend, or discontinue any part of the Site at any time, including the availability of any feature or content. DAMA Houston may also impose limits on certain features and services or restrict your access to parts of the Site or to the entire Site without notice or liability.
  4. You may use information and materials on the Site solely for informational or personal purposes. Any reliance you place on such information is strictly at your own risk. DAMA Houston disclaims all liability and responsibility arising from any reliance placed on such information and/or materials by you or any other visitor to the Site or by anyone who may be informed of any of its contents.
  5. Any copy of any page of the Site, or any portion thereof, must include all copyright and proprietary notices in the same form and manner as on the original and may not be modified in any way. DAMA Houston reserves the right to revoke such authorization at any time, including by posting such notice on the Site, and any such use of the Site must be discontinued immediately upon notice from DAMA Houston.
  6. All information posted on the Site is subject to change and availability. You agree and acknowledge that DAMA Houston bears no responsibility or liability for any such changes.
  • 2. Linking to the Site

DAMA Houston allows you to link to the Site subject to the following restrictions:

  1. May link to, but not replicate, content contained on the Site;
  2. Must not create a border environment or browser around content contained on the Site;
  3. Must not present misleading or false information about DAMA Houston’s services;
  4. Must not misrepresent DAMA Houston’s relationship with anyone;
  5. Must not imply that DAMA Houston is endorsing or sponsoring any services or products without prior written approval from DAMA Houston;
  6. Must not use DAMA Houston’s trademarks, service marks, logos, or trade dress without prior written permission from DAMA Houston (including in case studies or references to vendor relationships);
  7. Must not contain content that could be construed as obscene, libelous, defamatory, pornographic, or inappropriate for persons of any age;
  8. Must not contain materials that would violate any laws or applicable regulations; and
  9. Must agree that the link may be removed at any time upon DAMA Houston’s request pursuant to DAMA Houston’s reserved rights to rescind its consent to allow the link.
  • 3. Submissions and Feedback
  1. DAMA Houston does not want to receive confidential or proprietary information through the Site.
  2. You grant to DAMA Houston an unrestricted, irrevocable, royalty-free license to display, use, modify, perform, reproduce, transmit, and distribute any information you send to DAMA Houston through the Site (collectively, “Submissions”) for any and all commercial and noncommercial purposes. Notwithstanding the foregoing, if any ownership in your Submissions remains with you, you hereby grant DAMA Houston a worldwide, perpetual, irrevocable, royalty-free, sub-licensable, and transferable license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, distribute, create derivative works from, and perform your Submissions. Without limiting the foregoing, you authorize DAMA Houston to include Submissions in a searchable format that may be accessed by users of the Site and Third-Party Websites (as detailed in Section 5 of these Terms), provided, however, that you understand and agree that DAMA Houston shall have no liability for Submissions that can be public and visible on the Site, Third-Party Websites, or search engines, including after deletion of such Submissions by you or DAMA Houston.
  3. You also agree that DAMA Houston is free to use any ideas, concepts, or techniques that you send to DAMA Houston through the Site (collectively, “Feedback”), for any purpose, including, but not limited to, developing, manufacturing, and marketing products and services that incorporate such Feedback. By providing any Feedback, you grant DAMA Houston and its affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such Feedback for any purpose.
  • 4. Restrictions on Use of Site

You may not use the Site to do any of the following:

  1. download, post, email, or otherwise transmit or intentionally receive any content that is unlawful, illegal, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another’s right to privacy, reveals private information about another person without consent of that person, or may tend to incite others to undertake any of the foregoing activities, or violate any export or import regulations of the United States or any country of origin or receipt;
  2. download, post, email, or otherwise transmit any software virus or other computer code, files or programs designed to interrupt, destroy, limit the functionality, or cause a denial or interruption of service of any computer software or hardware or telecommunications equipment of ours or any third party, including, without limitation, any telecommunications network(s);
  3. copy, transmit, use, broadcast, distribute, or modify any information or material in violation of patent, copyright, trademark, or trade secret rights of any other person;
  4. use the Site in any manner that violates any rules or regulations imposed on you by the owner of the computer equipment or by the Internet Service Provider you have chosen to use to access the Site;
  5. violate or attempt to violate the security, efficiency, reliability, or integrity of the Site or its content in any way, including, without limitation, by accessing data, servers, or accounts which you are not authorized to access, forging TCP/IP packet headers or payloads, or accessing or attempting to access parts of this Site that are subject to access restrictions;
  6. use the Site or any materials obtained from the Site to develop, or as a component of, any information, storage and retrieval system, database, information base, website, or similar resource (in any media now existing or hereafter developed) that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism;
  7. remove, change, or obscure any copyright notice or other proprietary notice or terms of use contained in the Site or create compilations or derivative works of any content posted on the Site; or
  8. use the Site or any of its content in a manner that violates any state or federal law, or any state or federal regulation.
  • 5. Third-Party Websites

The Site may contain links to third party websites, services, materials, or information (collectively, “Third- Party Websites”). All such Third-Party Websites are available on the Site for informational purposes only. Third-Party Websites are not controlled or endorsed by DAMA Houston. DAMA Houston makes no guarantees about the accuracy, currency, content, or quality of the services or information provided by any such Third-Party Websites, and DAMA Houston assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on Third-Party Websites. You acknowledge and agree that DAMA Houston makes no guarantees about and assumes no responsibility for the accuracy, currency, content, or quality of Third-Party Websites. You also agree and acknowledge that DAMA Houston is not responsible for and expressly disclaims any and all liability related to actions of such Third-Party Websites or their terms and conditions.

  • 6. Warranties and Disclaimers

ALL INFORMATION AND SERVICES ON THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. DAMA HOUSTON ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION OR MATERIALS PROVIDED, REFERENCED, OR LINKED IN OR TO THE SITE. THE SITE MAY INCLUDE TECHNICAL OR OTHER INACCURACIES, INCLUDING PRICING INACCURACIES. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION POSTED ON THE SITE. HOWEVER, DAMA HOUSTON MAKES NO COMMITMENT TO UPDATE INFORMATION OR MATERIALS ON THE SITE.

  • 7. Limitations of Liability

YOU AGREE THAT IN NO EVENT SHALL DAMA HOUSTON, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY THIRD PARTY WEBSITES, ANY CONTENT ON THE SITE OR SUCH OTHER SERVICES OR PRODUCTS OBTAINED THROUGH THE SITE SUCH AS DAMA MEMBERSHIPS OR FREE EVENTS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND INCLUDING, BUT NOT LIMITED TO: (A) PERSONAL INJURY; (B) DIRECT OR INDIRECT LOSS OF USE, DATA, GOODWILL, PROFITS, OR ANTICIPATED SAVINGS; OR (C) DELAYS OR BUSINESS INTERRUPTIONS, IN ALL CASES UNDER ANY THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, BREACH OF CONTRACT OR OTHERWISE, AND WHETHER OR NOT DAMA HOUSTON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF DAMA HOUSTON TO YOU WITH RESPECT TO YOUR ACCESS OR USE OF THE SITE IS $100 (ONE HUNDRED DOLLARS).

  1. Indemnification

You agree to indemnify, defend, and hold DAMA Houston, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors, and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms, including, without limitation, attorneys’ fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. DAMA Houston reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without the prior written consent of DAMA Houston.

  • 9. Intellectual Property

The information on the Site is protected by copyright and/or trademark law. Except as specifically permitted, no portion of the Site may be distributed or reproduced by any means, or in any form, without DAMA Houston’s prior written permission. DAMA Houston or its affiliated entities own the following registered, pending, and unregistered (common law) trademarks or service marks used on the Site: DAMA Houston, the DAMA Houston logo, and others which may be identified from time to time. Other trademarks which may be shown on the Site are the property of their respective owners. The absence of a mark, name, or logo on the Site or these Terms does not constitute a waiver of any or all intellectual property rights that DAMA Houston, DAMA Houston’s vendors, third party companies, or DAMA Houston’s affiliated companies have established in any of material, feature, marks, trade dress, trade names, or logos.

  • 10. Governing Law and Venue

These Terms shall be governed and construed in accordance with the substantive and procedural laws of the State of Texas without giving effect to the conflict of laws principles thereof. You consent and submit to the exclusive jurisdiction of the state and federal courts in and for Houston, Texas, for all disputes. 

  • 11. Severability

If any provision of these Terms shall be held or made invalid or unenforceable by a court decision, statute, rule, or otherwise, the remaining provisions of these Terms shall not be affected thereby.

  • 12. Modifications

DAMA Houston reserves the right to change or modify any provision of these Terms at any time in its sole and exclusive discretion. You also may be subject to third party terms and conditions that may apply when you use Third-Party Websites. You agree that any requirement to notify you of any such changes to these Terms is satisfied by us posting the changes on the first page of these Terms. Any changes to these Terms will be effective upon DAMA Houston’s posting of the notice; provided that these changes will be prospective only and not retroactive. ACCORDINGLY, EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE SITE, YOU ARE ENTERING INTO A NEW AGREEMENT WITH DAMA HOUSTON ON THE THEN APPLICABLE TERMS AND YOU AGREE THAT DAMA HOUSTON MAY NOTIFY YOU OF OTHER TERMS BY POSTING THEM, OR A LINK TO THEM, ON THE SITE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH DAMA HOUSTON ELECTS), AND THAT YOUR USE OF THE SITE AFTER SUCH NEW TERMS HAVE BEEN POSTED CONSTITUTES YOUR AGREEMENT TO THE OTHER TERMS FOR YOUR NEW USE AND TRANSACTIONS. If you do not agree to the changes, you should not use the Site or any services offered through the Site after the effective date of the changes. We suggest that you revisit these Terms regularly to ensure that you stay informed of any changes.

  1. Termination of these Terms
  1. You may terminate these Terms by not accessing or using the Site or by contacting us at [email protected]. If you breach any of the provisions of these Terms, all licenses granted to you by DAMA Houston will terminate automatically. We may take steps that we believe are appropriate to enforce or verify compliance with any part of these Terms (including our right to cooperate with any legal process relating to your access or use of the Site or any third-party claim that your use of the Site is unlawful or infringes such third party’s rights). Additionally, we may suspend, disable, or delete your access to the Site (or any part of the foregoing) with or without notice, for any or no reason. All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of the license by DAMA Houston or you. Termination will not limit any of our other rights or remedies at law or in equity.
  1. You acknowledge and agree that DAMA Houston will not be liable to you or any third party for any termination of your access or use of the Site. If we terminate your access or use of the Site, you will not have the right to bring claims against us or our affiliates with respect to such termination. We and our licensors and affiliates shall not be liable for any termination of your access or use of the Site or to any such information or files (except as may be required under mandatory applicable law), and shall not be required to make such information or files available to you after any such termination. 

 

  • 14. Miscellaneous

These Terms constitute the entire agreement between you and DAMA Houston with respect to the use of the Site and supersede all discussions, communications, conversations, and agreements concerning the subject matter hereof. DAMA Houston’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect.

  • 15. Contact 

Notices to DAMA Houston must be submitted to [email protected].