I. Publicly Accessible Content

1. All information hosted on this site which does not require a login in order to view is considered publicly Publicly accessible content includes, but is not limited to, information about SMU DataArts’ staff, SMU’s Board of Trustees, SMU’s policies, products, tools, and surveys developed and hosted by SMU DataArts, and organizations that SMU DataArts collaborates with in order to create and/or provide services, research studies and/or media reports that feature SMU DataArts data and information regarding the nonprofit arts, culture, and humanities sector as a whole.

II. Password-Protected Content

1. Information hosted on this site which does require a login in order to view is considered password-protected content. Password-protected content includes, but is not limited to, information regarding you and your organization that you or anyone working on behalf of your organization enters into any survey hosted by SMU DataArts, and any feedback you provide.

III. Access to Password-Protected Content. SMU DataArts staff will have access to your password-protected content in order to support you as a user and advance our Mission.

1. In order to support you as a user, SMU DataArts staff will have access to any information regarding you and your organization that you or anyone working on behalf of your organization enters into any survey hosted by SMU DataArts, and any feedback you provide.

IV. Data Accuracy. You acknowledge that all data entered into SMU DataArts surveys is provided by individuals working for or on behalf of the participating organizations. SMU makes no warranties or representations of any kind that the data will be accurate or error-free.

V. Use of Data. SMU DataArts Products are designed to make data sharing easy, while protecting any sensitive information. We define sensitive information as the following information which may or may not be captured in the current surveys; any real-time data imported from your financial accounting system, any patron-level data (including demographic information), demographic information concerning your organization’s individual board members, staff members, or volunteers, individual staff members’ salary information, and any other information SMU DataArts, in its sole discretion, deems sensitive for any reason.

1. SMU DataArts provides users with the ability to generate reports that include data collected through surveys hosted by SMU DataArts. All such reports are presented in aggregated and de-identified form to help protect the privacy of respondents and prevent disclosure of personally identifiable or otherwise sensitive information. SMU DataArts does not guarantee that aggregation will eliminate all risk of de-identification. Users agree not to attempt to re-identify individuals from the data provided.
2. SMU DataArts allows organizations conducting fee-for-service surveying and research with SMU DataArts to publish information from participating organization’s surveys. All such reports are presented in aggregated and de-identified form to help protect the privacy of respondents and prevent disclosure of personally identifiable or otherwise sensitive information.
3. SMU DataArts allows third-parties, such as researchers, grantmakers, advocates, educational organizations or service providers, to use data from participating organizations’ surveys for the purposes of serving or informing the nonprofit arts, culture, and humanities sector and its stakeholders. All uses of the data remain confidential to the third-party, and may only be shared in aggregated and de-identified form to help protect the privacy of respondents and prevent disclosure of personally identifiable or otherwise sensitive information.
4. On occasion, SMU DataArts shares participating organizations’ information with other collaborators, partners, researchers, and service providers in order to create, test, and market new services, tools, opportunities, etc. for the nonprofit sector. All uses of the data remain confidential to the third-party, and may only be shared in aggregated and de-identified form to help protect the privacy of respondents and prevent disclosure of personally identifiable or otherwise sensitive information.
5. SMU DataArts may also aggregate data from organizations, or provide aggregated data to third-parties, for research, public interest, educational purposes, or publication, in accordance with SMU and SMU DataArts’ mission.

You agree to the uses of your data described here and acknowledge that any interpretation or view expressed in any work product created using said aggregated dataset will be solely that of the researcher or other user. The following information (which may or may not be captured in the current survey) will not be shared with any third-party without your organization’s prior written consent: any real-time data imported from your financial accounting system, any patron-level data (including demographic information), demographic information concerning your organization’s individual board members, staff members, or volunteers, individual staff members’ salary information, and any other information SMU DataArts, in its sole discretion, deems ineligible for any reason. SMU DataArts, in its sole discretion, may require the third-party to make only aggregated data publicly accessible, and refrain from disclosing any individual organization’s data. If you do not agree to the use of or access to your organization’s data in non-aggregated form, other than by SMU DataArts, your Organization Administrator must notify SMU DataArts in writing that he/she does not wish your organization’s data to be included in any shared datasets that may result in the use or publication of non-aggregated data that you have not expressly authorized. Organization Administrators can notify SMU DataArts in writing by sending an email to help@culturaldata.org. SMU DataArts will not limit your access to any SMU DataArts platform, tool, or service if your organization chooses to opt-out.

VI. Personal Information. As part of the account setup process, you will be asked for information such as your name and email address. SMU DataArts will use the personal information you provide only to operate SMU DataArts Products, to perform other services in connection with your use of the SMU DataArts Products, or to provide you with additional services and resources. By submitting your personal information, you agree to receive marketing emails from SMU DataArts containing news and information that we think may interest you. You may opt out of receiving these emails at any time. We will not share or sell any personal information to any other third-party (unless required by law) for commercial purposes unrelated to SMU DataArts mission to strengthen the sector. If you have concerns about how the personal information you provide is being collected or used, please have your Organization Administrator describe your concerns in an email to help@culturaldata.org or contact us at SMU DataArts, PO Box 750356, Dallas, TX 75275. 

VII. Feedback. We encourage you to provide us with feedback, directed to help@culturaldata.org, at any point. You agree that we may use any questions, comments, or suggestions regarding SMU DataArts to promote, publicize, enhance, modify, improve or update SMU DataArts. You will not have any monetary or legal right or claim of ownership in any portion of SMU DataArts enhanced, modified, improved or updated as a result of your questions, comments or suggestions.

VIII. Data Submissions. You will be solely responsible for your own data and the consequences of posting, submitting or publishing such content to SMU DataArts Products. In connection with your submission of data, you agree that you will not:

1. submit material that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant SMU all of the license rights granted herein;
2. publish falsehoods or misrepresentations that could tarnish or damage SMU or any third-party;
3. submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
4. post advertisements or solicitations of business; or
5. impersonate another person.

SMU does not endorse any submitted data or any opinion, recommendation, or advice expressed therein, and SMU expressly disclaims any and all liability in connection with submitted data to the fullest extent permitted under the law. SMU does not endorse any opinion, recommendation, or advice expressed by any agent of SMU, and SMU expressly disclaims any and all liability for the actions or omissions of the agent to the fullest extent permitted under the law, except to the extent the agent posts within the scope of their employment on behalf of SMU.

IX. Further, you understand that when using the SMU DataArts Products, you may be exposed to submitted data from a variety of sources, and that SMU is not responsible for the accuracy, usefulness, safety, title, or non- infringement of intellectual property rights of or relating to such submitted data. In addition, you understand and acknowledge that you may be exposed to submitted data that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies that you have or may have against SMU with respect thereto.

X. SMU DataArts Products and Tool Access & Limitations on Use

SMU hereby grants you permission to use the SMU DataArts Products as set forth in these Terms of Use; provided that:

1. your use of any and all SMU DataArts Products as permitted is solely for non-commercial uses (and not for resale or commercial benefit);
2. you will not copy or distribute any part of SMU DataArts Products in any medium without prior written authorization from SMU’s Senior Vice President for Development and External Affairs, or his designee;
3. you will not attempt to alter, edit, or otherwise modify any part of the SMU DataArts Products except as otherwise permitted by these Terms of Use;
4. you will otherwise comply with the provisions of these Terms of Use;
5. You agree not to solicit, for commercial purposes, any users of the SMU DataArts Products; and
6. You agree not to solicit, for non-commercial purposes, any users of the SMU DataArts Products, without written authorization from SMU’s Senior Vice President for Development and External Affairs.

XI. Electronic Communications Consent

1. You agree to receive and/or obtain electronically any and all SMU DataArts related communications, agreements, documents, notices and disclosures (collectively “Electronic Communications”) through the SMU DataArts platform. The term "Electronic Communications" includes, but is not limited to, documents, statements, data, records, agreements and policies, including this SMU DataArts Terms of Use & Privacy Policy, updates to agreements and policies, and any other communications regarding your SMU DataArts account. We will provide these Electronic Communications to you by posting them on SMU DataArts Products, and/or emailing them to the email address you provided during the account setup process for SMU DataArts Products.
2. By accessing the web site(s) and/or the DataArts Products and/or, where prompted, clicking “I agree” or “Click to Consent,” you agree to conduct each transaction by electronic means and you hereby state that each electronic signature shall have the same force and effect as an original signature with respect to these Terms of Use and all written agreements entered into between you and SMU with respect to the web site(s) and SMU DataArts Products and tools.

XII. Cookies, Web Beacons and Similar Technologies

1. We may use cookies (small data text files placed on your computer or device) or similar technologies to identify the computer or device and record your preferences and other data so that we can personalize your visit(s). We may also use information collected from cookies to improve SMU DataArts web site(s) and make recommendations. You may be able to set your browser(s) to reject cookies or delete cookies, but that may result in the loss of some functionality on the SMU DataArts websites. We may also use web beacons (small graphic images on a Web page or HTML e-mail) to monitor interaction with our web sites or e-mails. Web beacons are generally invisible because they are very small (only 1-by-1 pixel) and the same color as the background of the Web page or e-mail If we combine or link cookie or web beacon information with personal information, we will treat the combined or linked information as personal information under this policy.

XIII. Password Management

1. You are solely responsible for managing the password you use to access SMU DataArts or any reporting features. Please notify SMU DataArts immediately if you become aware of any loss or theft of your password(s) or any unauthorized use of your password.

XIV. Intellectual Property Rights

1. Unless otherwise indicated, SMU owns all rights, title, and interest in and to SMU DataArts Intellectual Property, including, without limitation, all copyright, patent, trademark, and other intellectual property rights associated therewith. “SMU DataArts Intellectual Property” means all of the intellectual property now existing or later created relating to SMU DataArts, including SMU DataArts Products; SMU DataArts reports; SMU DataArts dataset(s); SMU DataArts platforms; SMU DataArts marks, and any variations thereof, as well as all other trade/service marks, trade names, and logos, displayed in the SMU DataArts Products unless otherwise indicated; and any other materials created by SMU DataArts or its contractors in connection with SMU
2. SMU trademarks, service marks, logos and related graphics ("Marks") are trademarks of SMU or its affiliates or personnel. Use, reproduction, copying or redistribution of the Marks without the express written permission of SMU is prohibited. All other trademarks or service marks appearing on this website are the marks of their respective owners.
3. SMU respects the intellectual property rights of others and prohibits uploading to SMU DataArts Products any content that violates another party’s intellectual property rights or SMU The content on SMU DataArts Products is subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.
4. Content in SMU DataArts Products is provided to you “AS IS” for your non-commercial use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective copyright owners.
5. You agree to not engage in the use, copying, or distribution of any of the content other than expressly permitted herein, including any use, copying, or distribution of third-party submissions obtained through SMU DataArts Products for any commercial purposes. If you download or print or reproduce a copy of the content for personal use, you must retain all copyright and other proprietary notices contained
6. You agree not to circumvent, disable or otherwise interfere with security related features of SMU DataArts Products or features that prevent or restrict use or copying of any content or enforce limitations on use of SMU DataArts Products or the content therein.
7. SMU reserves the right to discontinue any analytical aspect of SMU DataArts Products at any time without notice. SMU reserves the right to discontinue data collection services, including the Cultural Data Profile, only after sixty (60) days notice to your organization.

XVI. Miscellaneous

1. Links to Other Web Sites. The SMU DataArts website(s), products and tools may include links to third-party web sites or social media sites including information relevant to you, your organization and/or SMU DataArts and related projects. SMU DataArts has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or social media sites. Such third-party websites or social media sites do not express the views or opinions of SMU or the University Further, you acknowledge that SMU and its trustees, officers, employees, volunteers, or agents have no obligation to censor, edit, or otherwise modify the content of any third-party web site. By using SMU DataArts Products, you expressly relieve SMU and its trustees, officers, employees, volunteers, or agents from any and all liability arising from your use of any third-party website. As a result, SMU encourages you to read the terms and conditions and privacy policy of each third-party website that you visit when leaving SMU DataArts website(s).
2. Assignment. You agree that these Terms and any rights and licenses granted hereunder may not be transferred or assigned by you but may be assigned by SMU jointly or severally without
3. Changes to these Terms. SMU reserves the right to change these Terms of Use& Privacy Policy any time by reasonable notice, including without limitation by posting revised terms on the SMU DataArts web site(s). Your acceptance of these Terms shall be deemed acceptance of the updated version unless you notify us in writing that you do not accept the updated version. If you do not agree to be bound by the terms of any updated version of these Terms, you will not be permitted to use SMU DataArts
4. Termination. Your rights under these Terms will terminate automatically if you fail to comply with any of the terms and conditions of these Terms, or if you violate any applicable law, rule, or regulation in connection with your use of SMU DataArts Upon such termination, SMU DataArts reserves the right to disable your access to the SMU DataArts website(s) and hosted products, tools, and surveys.
5. COPPA. SMU does not knowingly solicit data from children or knowingly market to children. SMU is concerned about the safety of children and their use of the Internet. Therefore, in accordance with the U.S. Childrens' Online Privacy Protection Act of 1998, it does not knowingly request or solicit personally identifiable information from anyone under the age of 13 without prior verifiable parental consent. In the event that SMU receives actual knowledge that it has collected such personal information without the requisite and verifiable parental consent, SMU will delete that information from the SMU DataArts dataset as quickly as is reasonably practical.
6. DMCA Copyright Notice and Agent. If you are a copyright owner or an agent thereof and believe that any DataArts platform content infringes upon your copyrights, you may submit a notification to SMU’s designated Copyright Agent (as provided below) which will comply with rulings regarding and pursuant to the Digital Millennium Copyright Act ("DMCA"). Specifically, as provided by 17 U.S.C. § 512(c)(3), a notification of claimed infringement must be made in writing to SMU’s designated Copyright Agent that includes:
   1. A physical or electronic signature of 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 at a single online site are covered by a single notification, a representative list of such works at that site;
   3. Identification of the material 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 reasonably sufficient to permit SMU to locate the material, and information reasonably sufficient to permit SMU to locate the material
   4. Information reasonably sufficient to permit SMU to contact you, such as an address, telephone number, and, if available, an electronic mail where you may be contacted;
   5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
   6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The Copyright Agent designated to receive notifications of claimed infringement for SMU DataArts surveys, products and tools is:

Name: Paul Ward, Vice President for Legal Affairs and General Counsel

Address: P.O. Box 750132, Dallas, TX 75275-0132

Phone Number:214-768-3233

E-mail Address: paul.ward@mail.smu.edu

Only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed through the online support system within the DataArts platform. You acknowledge that if you fail to comply with these requirements your DMCA notice may not be valid.

XVII. Disclaimer of Warranties

1. YOU AGREE THAT YOUR USE OF SMU DATAARTS PRODUCTS SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SMU AND ITS TRUSTEES, OFFICERS, EMPLOYEES, VOLUNTEERS, DIRECTORS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SMU DATAARTS PLATFORM AND YOUR USE THEREOF. SMU MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OF SMU DATAARTS PRODUCTS OR THE CONTENT OF ANY SITES LINKED TO SMU DATAARTS PRODUCTS AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR:
   1. ANY ERRORS, MISTAKES, INACCURACIES, OR OMISSIONS OF CONTENT OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON SMU DATAARTS’ PRODUCTS,
   2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF SMU DATAARTS PRODUCTS,
   3. ANY UNAUTHORIZED ACCESS TO OR USE OF SMU’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
   4. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SMU DATAARTS PLATFORM, AND/OR
   5. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH SMU DATAARTS PRODUCTS BY ANY THIRD-PARTY.
2. SMU DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH SMU DATAARTS’ WEBSITE(S), PRODUCTS, AND TOOLS OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING APPEARING ON SMU DATAARTS WEBSITE(S), PRODUCTS, AND TOOLS, AND SMU WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. SMU EXPRESSLY DISCLAIMS ANY WARRANTY THAT ANY GRANT APPLICATION OR REPORT YOU PREPARE OR SUBMIT USING SMU DATAARTS OR DATA MADE AVAILABLE THROUGH SMU DATAARTS WILL BE ACCEPTED BY THE APPLICABLE GRANT PROVIDER(S).

XVIII. Limitation of Liability

1. IN NO EVENT SHALL SMU, NOR ITS TRUSTEES, OFFICERS, EMPLOYEES, VOLUNTEERS, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR LOSS OF BUSINESS, ARISING OUT OF OR RESULTING FROM ANY ERRORS, MISTAKES, INACCURACIES, OR OMISSIONS OF CONTENT OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON THE SMU DATAARTS PLATFORM, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SMU DATAARTS PLATFORM, ANY UNAUTHORIZED ACCESS TO OR USE OF SMU DATAARTS’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SMU DATAARTS WEBSITE(S), PRODUCTS, AND TOOLS , ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SMU DATAARTS WEBSITE(S), PRODUCTS, AND TOOLS BY ANY THIRD-PARTY, AND/OR YOUR USE OF THE SMU DATAARTS PRODUCTS DATA OR REPORTS GENERATED THEREFROM, AND/OR ANY OTHER ACTION OR OMISSION OF SMU, ITS TRUSTEES, OFFICERS, EMPLOYEES, VOLUNTEERS, OR AGENTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SMU OR ITS TRUSTEES, OFFICERS, EMPLOYEES, VOLUNTEERS, OR AGENTS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
2. YOU SPECIFICALLY ACKNOWLEDGE THAT SMU IS NOT RESPONSIBLE FOR THE ACTIONS OR OMISSIONS OF ANY OF ITS TRUSTEES, OFFICERS, EMPLOYEES, VOLUNTEERS, OR AGENTS OR ANY USER. YOU SPECIFICALLY ACKNOWLEDGE THAT SMU AND ITS TRUSTEES, OFFICERS, EMPLOYEES, VOLUNTEERS, OR AGENTS SHALL NOT BE LIABLE FOR THIRD-PARTY SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD-PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. IN NO EVENT SHALL SMU’S AGGREGATE AND COMPLETE LIABILITY TO YOU AND ANY THIRD-PARTY IN CONNECTION WITH ANY AND ALL OF ITS USES OF THE THIRD-PARTY SUBMISSIONS AND/OR THE SMU DATAARTS WEBSITE(S), PRODUCTS, AND TOOLS , HOWEVER ARISING, EXCEED A MAXIMUM OF $1000.00.

The SMU DataArts website(s), products, and tools are controlled and offered by SMU and/or its service providers from its facilities in the United States of America. Those who access or use the SMU DataArts website(s), products, and tools from other jurisdictions do so at their own volition and are responsible for compliance with local law.

XIX. Indemnification

1. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD SMU, AND ALL OF ITS TRUSTEES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LEGAL REPRESENTATIVES, SUCCESSORS, AND ASSIGNS, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS, DEBT, FINES AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES AND LITIGATION COSTS) ARISING OUT OF OR RELATING TO YOUR USE OF, POSTING CONTENT TO, AND ACCESS TO THE SMU DATAARTS PLATFORM. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD SMU DATAARTS, AND ALL OF ITS TRUSTEES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LEGAL REPRESENTATIVES, SUCCESSORS, AND ASSIGNS, HARMLESS FOR ANY BREACH OF ANY TERMS OR OTHER SERVCE AGREEMENTS BETWEEN SMU AND THE SOCIAL MEDIA SITE OPERATORS BY VIRTUE OF YOUR ACTIONS.

XX. Entire Terms

1. These Terms constitute the entire agreement between you and SMU DataArts and supersedes any prior understandings or agreements, oral or written, and any other communications between us relating to the subject matter of these Terms. If any provision of these Terms is held to be unenforceable for any reason, the provision will be reformed only to the extent necessary to make it enforceable, and the decision will not affect the enforceability of the remaining provisions. These Terms will be governed by the laws of the State of Texas, without regard to conflicts of law provisions, and you hereby consent to the exclusive jurisdiction of the state and federal courts sitting in Dallas County, These Terms will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
2. BY CONTINUING YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND ITS PROVISIONS, AND BIND YOURSELF TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.