Terms of Service & privacy policy

The following terms and conditions govern all use of the www.txcaa.org website or any sub-domains thereof by You (“You”) and all content, services, and products available through the website, including, but not limited to, the member area (collectively referred to as the Site).

The Site is owned and operated by Texas Community Association Advocates, Inc. (“TCAA”). The Site is offered subject to Your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, TCAA’s Privacy Policy), and procedures that may be published from time to time on this Site by TCAA (collectively, this “Agreement”).
Please read this Agreement carefully before accessing or using the Site. By accessing or using any part of the Site, You agree to be bound by the terms and conditions of this Agreement. If You do not agree to all the terms and conditions of this Agreement, then You may not access the Site or use any services. If these terms and conditions are considered an offer by TCAA, acceptance is expressly limited to these terms. TCAA is available only to individuals who are at least 13 years old.

Member area account

You are responsible for maintaining the security of Your member area account, and You are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify TCAA of any unauthorized uses of Your account or any other breaches of security. TCAA will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

Restrictions on use of materials

Unless otherwise indicated, TCAA or its licensors holds the copyright to all materials on the Site, including without limitation, research materials, photographs, text, graphics, logos, icons, images, content, sound recordings, tutorials, white papers, audio/visual clips, and designs. Additionally, TCAA owns all of the trademarks, service marks, slogans and logos (collectively, the “Marks”) used and displayed on the Site, unless otherwise noted. Without the explicit consent of TCAA, no material from the Site (including, without limitation, the Marks), may be copied, reproduced, displayed, republished, downloaded, posted, digitized, translated, modified, transmitted, distributed or commercially exploited in any way. Any unauthorized use of materials contained on the Site may violate copyright, trademark and other laws. TCAA retains all rights not expressly granted, and nothing in this Agreement constitutes a waiver of any rights under copyright laws or any other federal, state or local law, regulation, ordinance or treaty. Nothing in this Agreement should be construed as conferring by implication, estoppel or otherwise, any license or right under or to any intellectual property right, including without limitation, any patent, trademark, service mark or copyright of TCAA or any third party.
TCAA will allow You to view and print information, documents and web pages located on the Site for Your own personal use but not for any for-profit or commercial activities or purposes or resale; provided that (i) the copies must retain any copyright, intellectual property, proprietary or other notices or disclaimers contained in the original materials, (ii) You must give attribution to TCAA and if possible provide a reference to TCAA’s main site www.tcaa.net, (iii) the material must be printed in its entirety without modification, reformatting, adaptation or adjustment, and (iv) if You combine the materials with other hard copy materials, You must clearly designate which portion of the complete work is TCAA’s material. No electronic copies are permitted. If You share the printed materials with others, You agree to advise any person to whom You share the materials as to this Agreement and they must agree to abide by this Agreement. Failure to abide by these conditions will immediately terminate this permission and may result in the infringement of the copyrights and/or trademarks owned by TCAA or its licensors.

Sponsors

TCAA may choose to acknowledge certain persons and companies who have provided donations or sponsorships in furtherance of the goals of TCAA. Such acknowledgement may be in the form of recognition on the Site by use of such persons or companies’ own names or marks and/or links to such person or companies’ own websites. However, TCAA does not solicit or permit the purchase or use of advertisements or commercial endorsements on the Site by any person or company (including, without limitation, its sponsors and donors). If You choose to click on the links to any of our sponsors’ websites or otherwise engage in any correspondence or business dealings with or other purchase of products or services from any of our sponsors, You do so on Your own initiative and You agree that TCAA is not responsible or liable for any loss or damages of any sort incurred as a result of any such dealings or as a result of the acknowledgement of or links to such sponsors in conjunction with the Site.

Contribution to Site

If You leave comments anywhere on the Site, post material to the Site, post links on the Site, or otherwise make (or allow any third party to make) material available by means of the Site (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, audio, or computer software. By making Content available, You represent and warrant that:

  • Downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  • The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • The Content is not spam, is not machine or randomly generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third-party sites or boost the search engine rankings of third-party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); and
  • The Content is not pornographic, libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party.
  • By submitting Content to TCAA for inclusion on our Site, You grant TCAA a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content for the purpose of displaying, distributing, promoting, marketing or any other lawful use.

Without limiting any of these representations or warranties, TCAA has the right (though not the obligation) to, in TCAA’s sole discretion, (i) refuse or remove any content that, in TCAA’s reasonable opinion, violates any policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Site to any individual or entity for any reason, in TCAA’s sole discretion. TCAA will have no obligation to provide a refund of any amounts previously paid under these circumstances.

Privacy

TCAA understands that many visitors to the Site may be concerned about the information that they may provide or that may be generated from their use of the Site and how TCAA may use such information. Protecting privacy is an important priority to TCAA. Our Privacy Policy governs the collection, use, retention and disclosure of personal information gathered from the Site and You can view our Privacy Policy at http://tcaa.memberclicks.net/terms-of-service-and-privacy-policy.

COPPA

TCAA does not knowingly solicit data from children or knowingly market to children. TCAA 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, TCAA 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 TCAA receives actual knowledge that it has collected such personal information without the requisite and verifiable parental consent, TCAA will delete that information from the Site as quickly as is reasonably practical.
Payments and refunds

In order to purchase products from the Site’s store or make donations online, You must submit the necessary contact and payment information, including, without limitation, Your name, address, credit card and email. The Site does not handle payments for these products directly, but rather refers these payments to a secure third-party payment processor which handles all aspects of the payment process. Any payment issues or disputes should be resolved directly with the payment processor. You are responsible for the accuracy of the information in Your account(s) supplied by You to TCAA. By providing such information to TCAA by any means (e.g.: email, fax, telephone, mail, etc.), You represent that any information or materials provided by You shall be accurate, complete and correct and that You shall have lawful right to provide such information to TCAA for use in processing Your orders or receiving your donations from the Site. In order to purchase the products or make donations online using the payment method displayed on the Site (e.g., Visa, MasterCard, PayPal, etc.), You must be 18 years of age or over. By using the Site’s payment method, You confirm that You possess the legal authority to enter into the conditions of use for the Site, including, without limitation, instructing TCAA or its authorized vendors to collect any payments from a credit or debit card, and to use the Sites in accordance with all terms and conditions of this Agreement. Billing to Your credit card or to Your account occurs at the time of purchase or donation or shortly thereafter. All sales of merchandise purchased from TCAA on the Site are subject to TCAA’s standard sales terms and conditions, which contain certain warranty and liability limitations. All returns and exchanges of merchandise purchased from TCAA on the Site are subject to TCAA’s standard return and exchange policy. TCAA will charge tax in states where such purchases are taxable and Your invoice will include both the purchase price and sales tax based on the bill-to address for You for Your credit card at the sales tax rates then in effect at the time of purchase. You agree that You are responsible for all charges incurred by Your use of the Site and You expressly authorize TCAA to charge the credit card provided by You or listed on Your account for any outstanding fees or costs due to TCAA or any donations submitted online via the Site.

Responsibility of website visitors

By operating the Site, TCAA does not represent or imply that it endorses any or all of the contributed content, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect Yourself and Your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Site may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. TCAA disclaims any responsibility for any harm resulting from the use by visitors of the Site.
Copyright infringement and DMCA policy.

As TCAA asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If You believe that material located on or linked to by the Site violates Your copyright or trademarks or rights of publicity of others, You are encouraged to notify TCAA in accordance with common DMCA policies. TCAA will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of TCAA or others, TCAA may, in its discretion, terminate or deny access to and use of the Site. In the case of such termination, TCAA will have no obligation to provide a refund of any amounts previously paid to TCAA. You further agree not to change or delete any proprietary notices from materials downloaded from the Site.

Intellectual property

This Agreement does not transfer from TCAA to You any TCAA or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with TCAA. TCAA logo, and all other trademarks, service marks, graphics and logos used in connection with TCAA, or the Site are trademarks or registered trademarks of TCAA or TCAA’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Site may be the trademarks of other third parties. Your use of the Site grants You no right or license to reproduce or otherwise use any TCAA or third-party trademarks.

Changes

TCAA reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is Your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Site following the posting of any changes to this Agreement constitutes acceptance of those changes. TCAA may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination

TCAA may terminate Your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately. If You wish to terminate this Agreement You may simply discontinue using the Site. Notwithstanding the foregoing, if You have a member account, such account can only be terminated by TCAA if You materially breach this Agreement and fail to cure such breach within 14 (fourteen) days from TCAA’s notice to You thereof; provided that, TCAA can terminate the Site immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of warranties

THE SITE (INCLUDING WITHOUT LIMITATION ALL SERVICES AND CONTENT RELATED THERETO) ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” WITHOUT WARRANTY OF ANY KIND AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS OF THE PRODUCT FOR A PARTICULAR USE OR PURPOSE, QUALITY, COURSE OF DEALINGS, USAGE OF TRADE, INACCURACY IN CONTENT CAUSED BY OUR FAILURE TO PERFORM WITH REASONABLE CARE, QUIET ENJOYMENT OR NON-INFRINGEMENT ARE HEREBY EXPRESSLY DISCLAIMED. Neither TCAA nor its suppliers and licensors, makes any warranty that the Site will be error free or that access thereto will be continuous or uninterrupted.

Limitation of liability

In no event will TCAA, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by You to TCAA under this Agreement. TCAA shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law. TCAA shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the services and products offered on this site, or the performance of the services and products.

General representation and warranty

You represent and warrant that (i) Your use of the Site will be in strict accordance with the TCAA Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in Your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which You reside) and (ii) Your use of the Site will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless TCAA, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of Your use of the Site, including but not limited to Your violation of this Agreement.

Miscellaneous

This Agreement has been written in the English language and the English language shall control. This Agreement, which is in English, shall be interpreted in accordance with the commonly understood meaning of the words and phrases in the United States of America. You waive any right that you may have under local law to receive this Agreement in any language other than English.

This Agreement constitutes the entire agreement between TCAA and You concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of TCAA, or by the posting by TCAA of a revised version. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign Your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; TCAA may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Equitable Remedies

You agree that, if the terms of this Agreement are not specifically enforced, TCAA will be irreparably damaged, and therefore You agree that TCAA shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect any breach(es), in addition to any other available remedies.

Governing Law; Venue; Statute of Limitations

This Agreement is governed by the laws of the State of Texas, U.S.A., excluding any conflict of laws, rules or similar principals, and the applicable laws, regulations and treaties of the United States of America. Any action arising out of any dispute with respect to this Agreement shall only be brought in the state or federal courts located in Travis County, Texas. You agree that the statute of limitations for any claim against TCAA shall be brought within one year from when the claim arose, and any claims not brought within such period of time shall be deemed waived.

Changes to our terms

From time to time we may make adjustments to this policy. Changes will be made at our sole discretion. Site’s users are encouraged to check this policy for such changes. Your continued use of this site following changes to this policy constitutes Your acceptance of the changes.

Contacting us

Any questions about this policy should be addressed to us via our contact form.

These terms of service have been last modified on March 8, 2014