Last Revised 08/30/2021
HPOPS is committed to protecting your confidential member information, and making your web site visit secure. To register, you must review and agree to the HPOPS Security Agreement. Your future use of the website acknowledges that you have read, understand, and agree to the terms and conditions of the Security Agreement set out below.
HPOPS Responsibilities HPOPS will use Internet security technology to protect your on-line information, including powerful data encryption, program time-outs, and password authentication. Every attempt is made to ensure the information provided is accurate and access is available at all times. However, HPOPS accepts no responsibility for problems that occur as a result of interruption, inability to access the service for any reason, or user error.
Collection of Personal Information
Voluntary Submissions If you are submitting a message to HPOPS that requires a response, you may need to provide some specific, personal information. This information can include your full name, Social Security number, or your home address. It is voluntary for you to engage in these activities.
Cookies The HPOPS web site uses electronic "cookies" to collect and temporarily store various types of information about users. This information is kept temporarily, and is anonymous. It is utilized only when you log onto the secure area.
Security The HPOPS web site and computer systems are for legal and authorized use only. Unauthorized access, attempted access, or use of this or any related HPOPS system is a violation of state and/or federal law, and may be subject to prosecution. Individuals using this system without authority, or in excess of their authority, are subject to having their activities on the site monitored and recorded. Additionally, as you probably know, third parties may unlawfully intercept or access transmissions or private communications, and other users may abuse or misuse your personal information that they collect from the site. Therefore, although we work very hard to protect your privacy, we do not guarantee, and you should not expect, that your personal information will always remain private.
Disclaimer and Liability The information HPOPS provides on our web site is available for the convenient access of our members and other interested parties. While HPOPS makes every attempt to ensure the information provided is reliable, human or mechanical error remains a possibility. To the full extent permitted by law, HPOPS, and its trustees, officers, directors, employees, agents, licensors, affiliates, and successors in interest ("HPOPS Entities") (1) make no promises, warranties, or representations as to our web site, including its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) provide our web site on an "AS IS" and "AS AVAILABLE" basis and any risk of using our web site is assumed by you; (3) disclaim all warranties, express or implied, including as to accuracy, merchantability, fitness for a particular purpose, and non-infringement, and all warranties arising from course of dealing, usage, or trade practice; and (4) disclaim any liability or responsibility for acts, omissions, or conduct of you or any party in connection with our web site. This also applies to sites hyperlinked to and from the HPOPS web site. Please note that the privacy policies or statements of other sites linked to the HPOPS web site may differ from that of HPOPS On-Line. HPOPS is not responsible for the privacy practices of those sites. HPOPS Entities are NOT liable for any direct, indirect, consequential, incidental, special, punitive, or other losses, including lost profits, revenues, data, goodwill, etc., arising from or related to our web site, and in no event shall such liability exceed $100 or the amount you paid us in the year preceding such loss. Some jurisdictions restrict or alter these disclaimers and limits, so some may not apply to you.
Claims and Indemnity Any claim, cause of action, demand, or dispute arising from or related to HPOPS web site ("Claims") will be governed by the internal laws of Texas, without regard to conflict of law provisions, except to the extent governed by US federal law. Any Claims will be exclusively resolved by courts in Houston, TX (except we may seek preliminary or injunctive relief anywhere). You agree to (1) submit to the personal jurisdiction of courts in Houston, TX; (2) indemnify and hold HPOPS Entities harmless from any Claims, losses, liability, or expenses (including attorneys' fees) that arise from a third party and relate to your use of HPOPS web site; and (3) be liable and responsible for any Claims we may have against your officers, directors, employees, agents, affiliates, or any other party, directly or indirectly, paid, directed or controlled by you, or acting for your benefit.
Trademarks “HPOPS” and HPOPS Today and Tomorrow symbol logo are registered trademarks with the U.S. Patent and Trademark Office.
Liquidated Damages You further agree that if you violate these Terms and Conditions, or you encourage, support, benefit from, or induce others to do so, you will be jointly and severally liable to us for liquidated damages as follows for: (A) collecting/harvesting users' information, including personal or identifying information - $1 per violation; (B) publishing/misusing personal or identifying information of a third party in connection with your use of our site without that party's express written consent - $1,000 per violation; (C) misrepresenting your identity or affiliation to anyone in connection with your use of our site - $1,000 per violation; (D) posting or attempting to post Prohibited Content - $4 per violation; (E) sending an unauthorized/unsolicited email to an email address obtained from our site - $25 per violation; (F) using user information to make/send an unauthorized/unsolicited text message, call, or communication to a user - $500 per text/call/communication; (G) creating a misleading or unlawful account or buying/selling an account - $4 per violation; (H) distributing any software to facilitate violations of the our site - $1,000 per violation; (I) aggregating, displaying, framing, copying, duplicating, reproducing, making derivative works from, distributing, licensing, selling, or exploiting HPOPS content for any purpose without our express written consent - $3,000 for each day you engage in such violations; (J) requesting, viewing, or accessing more than 1,000 pages of our web site in any 24-hour period - $0.25 per page during the 24 hour period after the first 1,000 pages. You agree that these amounts are (1) a reasonable estimate of our damages (as actual damages are often difficult to calculate), (2) not a penalty, and (3) not otherwise limiting on our ability to recover under any legal theory or claim, including statutory damages and other equitable relief (e.g., for spam, we can elect between the above liquidated damages or statutory damages under the anti-spam statute). You further agree that repeated violations of our web site will irreparably harm and entitle us to injunctive or equitable relief, in addition to monetary damages.
Confidentiality of Participant Information
The information available through the HPOPS web site contains the personal identification information (names, addresses, phone numbers, etc.) of its participants. This personal identification information is considered confidential under the Texas Public Information Act and other applicable laws. HPOPS participants may consent to participate in the Member Directory whereby all HPOPS participants may access such consenting members’ personal identification information. However, a member’s consent to participate in the Member Directory does not make his or her personal identification information public under applicable governing law. HPOPS participants may not disseminate information concerning any of its participants available through the HPOPS web site without proper authorization. Unauthorized dissemination of such information is a violation of state and/or federal law and may be subject to prosecution. Additionally, at HPOPS’ discretion, such offender may be restricted from further accessing the HPOPS web site as necessary.