1. ACKNOWLEDGEMENT AND ACCEPTANCE
Welcome to the Texas Association of Counties (“TAC”) website. TAC provides the county.org site and various related services (collectively, the “Site”) as a resource to counties, county officials and county employees, subject to compliance with all of the terms, conditions and notices contained or referenced in the Terms and Conditions of Use, as well as any other written agreement that may be necessary for the use of this Site.
BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE. YOUR AGREEMENT WITH TAC REGARDING COMPLIANCE WITH THESE TERMS AND CONDITIONS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.
These Terms and Conditions of Use are effective as of March 30, 2011. TAC expressly reserves the right to change these Terms and Conditions of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this Site and these Terms and Conditions of Use to familiarize yourself with any modifications. Your continued use of this Site after such modifications will constitute acknowledgement of the modified Terms and Conditions of Use and agreement to abide and be bound by the modified terms.
As used in these Terms and Conditions of Use, references to our “Affiliates” include TAC departments, affiliated organizations, officers, directors, suppliers, partners, sponsors, and advertisers, and includes all parties involved in creating, producing, and/or delivering this Site and/or its contents.
2. DESCRIPTION OF SERVICES
TAC provides various services through this Site including, but not limited to, legislative and county related news information, educational materials, legislative materials, county risk management services, and legal publications. You are responsible for providing, at your own expense, all the equipment necessary to access and use the services including all fees associated with such access.
TAC reserves the sole right to modify or discontinue the Site including any of the Site services and features, at any time with or without notice to you. TAC will not be liable to you or any third party for any modification or discontinuance. Any new features that augment or enhance the then current-services on this Site will be subject to the Terms and Conditions of Use.
Certain services on this Site cannot be accessed without creating an account and password. TAC requires qualified members to register prior to granting access to various services. To become a member, you must provide certain information and data (“Registration Data”) and maintain and update your Registration Data as required. By becoming a member, you agree that you will provide true and accurate information and that you will maintain and update this information as required. If you provide information that is untrue, inaccurate, not current or incomplete, or TAC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TAC may suspend or terminate your account and refuse any and all current or future use of the services.
4. SECURITY AND PASSWORD
When registration is required, you will receive a password and account designation upon completing the registration process. You are solely responsible for maintaining the confidentiality of the password and account, and for any and all statements, acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. In addition, you agree to (a) immediately notify TAC of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. Through this website you can access information made available by others, as well as information made available by TAC. You, and not TAC, are entirely responsible for all Content that you download, upload, post, email, transmit or otherwise make available via the Site. Under no circumstances will TAC be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Site.
You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by TAC or submitted to TAC.
You acknowledge and agree that TAC may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TERMS AND CONDITIONS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of TAC, its users and the public.
You understand that the technical processing and transmission of the Site, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SITE
TAC does not claim ownership of Content you submit or make available for inclusion on the Site. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Site, you grant TAC the following world-wide, royalty free and non-exclusive license(s), as applicable:
With respect to Content you submit or make available for inclusion on publicly accessible areas of TAC, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Site. This license exists only for as long as you elect to continue to include such Content on the Site and will terminate at the time you remove or TAC removes such Content from the Site.
9. INDEMNIFICATION AND DEFENSE
You agree to indemnify and defend TAC, and its officers, directors, affiliates, agents, and employees from and against all claims, liabilities, damages and losses, including without limitation reasonable attorney’s fees and costs arising out of or resulting from any claim brought or made by any third party and arising from your use or misuse of this Site, including your violation of the SITE TERMS AND CONDITIONS OF USE or any violation of State and Federal law. TAC reserves the right, at our own expense, to assume the sole control of defense and settlement of any matter subject to indemnification by you and you will cooperate with TAC in asserting any available defenses.
10. NO RESALE OF SITE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site.
You agree that TAC has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Site. You acknowledge that TAC reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that TAC reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
11. MODIFICATIONS TO SITE
TAC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that TAC will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.
You agree that TAC, in its sole discretion, may terminate your access to certain services if you violate or acted inconsistently with the letter or spirit of the TERMS AND CONDITIONS. TAC may also in its sole discretion and at any time discontinue the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of the TERMS AND CONDITIONS may be effected without prior notice, and acknowledge and agree that TAC may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site. Further, you agree that TAC will not be liable to you or any third-party for any termination of your access to the Site.
13. VENDORS AND ADVERTISERS
Your correspondence or business dealings with vendors and/or advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such vendor or advertiser. You understand that TAC makes no representation concerning the trustworthiness or reliability of any vendor or advertiser and you agree that TAC will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or vendors on the Site.
The Site may provide, or third parties may provide, links to other World Wide Websites or resources. Because TAC has no control over such sites and resources, you acknowledge and agree that TAC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that TAC will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
15. TAC'S PROPRIETARY RIGHTS
You acknowledge and agree that all content presented to you on this Site and any necessary software used in connection with the Site (“Software”) is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of TAC and/or its affiliates. Except as expressly authorized by TAC, you may not modify, republish, lease or sell any content or software, in whole or in part. Any unauthorized use of the materials appearing on this Site or the software used in connection with this Site may violate copyright, trademark, and other applicable laws and could result in criminal and civil penalties.
16. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.
TAC MAKES NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIRMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM TAC OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS SITE SHALL CREATE ANY WARRANTY.
TAC MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY TAC OR ANY OF OUR AFFILIATES.
17. LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT IN NO EVENT WILL TAC OR ANY OF OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, PUNITIVE, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, PROFITS, GOODWILL OR OTHER INTANGIBLE LOSSES WHETHER OR NOT TAC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE. YOU FURTHER AGREE THAT TAC WILL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE.
18. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
Notices to you may be made via either email or regular mail. The Site may also provide notices of changes to the TERMS AND CONDITIONS or other matters by displaying notices or links to notices to you generally on the Site.
20. UNAUTHORIZED USE OF MATERIALS
TAC respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to TAC:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
TAC's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
Texas Association of Counties
Attn: Morgan Holkesvik, Security Officer
1210 San Antonio St.
Austin, TX 78701
21. GENERAL INFORMATION
The TERMS AND CONDITIONS constitute the entire agreement between you and TAC and govern your use of the Site, superceding any prior agreements between you and TAC. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TERMS AND CONDITIONS and the relationship between you and TAC will be governed by the laws of the State of Texas without regard to its conflict of law provisions. You and TAC agree to submit to the personal and exclusive jurisdiction of the courts located within Travis County, Texas. The failure of TAC to exercise or enforce any right or provision of the TERMS AND CONDITIONS will not constitute a waiver of such right or provision. If any provision of the TERMS AND CONDITIONS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TERMS AND CONDITIONS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the TERMS AND CONDITIONS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TERMS AND CONDITIONS are for convenience only and have no legal or contractual effect.
Please report any violations of the TERMS AND CONDITIONS to our attention.