This website (The Texas and Southwestern Cattle Raisers Association website) (the “website”) is owned and operated by Texas and Southwestern Cattle Raisers Association and its affiliated companies (“we,” “us,” or “TSCRA”). We provide information and various resources on and through the Website (the “Services”), which are subject to certain ground rules provided in this document (the “Terms”). By accessing, using or contributing to the Services, and in consideration of the Services we provide to you, you agree to abide by the Terms.
TSCRA has the right at any time to change or discontinue any aspect or feature of the website, including, without limitation, the content, hours of availability and equipment needed for access or use of the website, or these Terms. These Terms apply to all users of the website, including visitors, advertisers and members.
B. Disclaimer of Warranty; Limitation of Liability.
- THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TSCRA, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. TSCRA DOES NOT WARRANT THAT THIS WEBSITE AND ITS SERVER OR ANY LINKED SITES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. TSCRA AND ITS RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS AND LICENSORS DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, OR AS TO THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE WEBSITE. IF YOUR USE OF THE WEBSITE OR ANY MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT, SOFTWARE OR DATA, TSCRA IS NOT RESPONSIBLE FOR THOSE COSTS. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK.
- IN NO EVENT WILL TSCRA, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE WEBSITE OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF AND CONTENT ON THE WEBSITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN WHICH EVENT THE ABOVE LIMITATION OR EXCLUSION MAY NOT BE APPLICABLE. HOWEVER, IN NO EVENT SHALL TSCRA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING AND/OR USING THIS WEBSITE.
- THE ABOVE DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS WEBSITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT TSCRA IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the website and all charges related thereto.
We use industry-standard efforts to safeguard the confidentiality of all information, regardless of whether it identifies you or not. Our security includes use of firewalls, secure socket layers and encryption. Your password (when available) is a component of our security system. As such, it is your responsibility to protect it. Do not share your password with any third parties.
E. E-Mail Policy
At various points in the Website, we provide visitors the opportunity to contact us via e-mail. E-mail messages are not encrypted. You acknowledge and agree that by providing TSCRA with any personal or confidential user information through the e-mail function, you consent to the transmission of such personal or confidential user information through the public Internet, and understand that there are risks that this information could be viewed by other parties. You agree to adhere to procedures that we may establish to enhance the safety and confidentiality of transmissions of personal data over the Internet.
F. Restrictions on Use
- You shall use the website for lawful purposes only. You shall not post or transmit through the website any material that (i) violates or infringes in any way upon the rights of others, (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, or (iii) encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law. You shall not (i) post or transmit through the website any material that contains advertising or any solicitation with respect to products or services without TSCRA’s express prior approval, or (ii) use the website to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other online services. Any conduct by you that in TSCRA’s discretion restricts or inhibits any other user from using or enjoying the website will not be permitted.
- The website contains copyrighted material, trademarks and other proprietary information, including, without limitation, text, software, photos, video, graphics, music and sound, and the contents of the website are copyrighted under the United States copyright laws. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. No copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express written permission of TSCRA and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
- The foregoing provisions of this Section are for the benefit of TSCRA, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
G. User Representations and Warranties
By posting any content, you represent and warrant that you have all right, title and interest to such posted content, including but not limited to any consent, authorization, release, clearance or license from any third party (such as, but not limited to, any release related to rights of privacy or publicity) necessary for you to provide, post, upload, input or submit the content, and that posting such content does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights or other intellectual property right recognized by any applicable jurisdiction of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity. The burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of the website, you automatically grant, or warrant, that the owner of such material has expressly granted TSCRA the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, translate and distribute such material (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed. You also permit any other user of the website to access, view, store or reproduce the material for that user’s personal use. You grant TSCRA the right to edit, copy, display, publish and distribute any material made available on the website by you. You further represent and warrant that you are who you say you are, that you have not submitted fictitious, false or inaccurate information about yourself, and that all information contained in the posted content is true and your own work or work you are authorized to submit, and that the posted content does not contain any threatening, harassing, libelous, false, defamatory, offensive, obscene or pornographic material or material that would violate any other applicable law or regulation. You agree that you will not knowingly and with intent to defraud provide material and misleading information. You represent and warrant that the content you supply does not violate these Terms.
H. Copyright Infringement/Complaints
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider’s Designated Agent. If you are a copyright owner and you believe that your copyrighted materials have been used in a way that constitutes copyright infringement, please see our DMCA Notice Policy.
All page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress owned or licensed by TSCRA. All other trademarks appearing on the website are the property of their respective owners. Unauthorized use of any trademark, service mark or logo appearing on the website may be a violation of federal and/or state trademark laws.
J. Monitoring; Loss of Information
TSCRA shall have the right, but not the obligation, to monitor the content of the website including any blogs, chat rooms and forums, to determine compliance with these Terms and any operating rules established by TSCRA and to satisfy any law, regulation or authorized government request. TSCRA shall have the right in its sole discretion to edit, refuse to post, or remove any material submitted to or posted on the website. Without limiting the foregoing, TSCRA shall have the right to remove any material that TSCRA in its sole discretion finds to be in violation of the provisions hereof or otherwise objectionable. TSCRA assumes no responsibility for the deletion of or failure to store electronic-mail messages, chat or blog comments, or other information submitted to the website.
K. Violations of Rules and Regulations
We reserve the right to seek all remedies available at law and in equity for violations of the rules and regulations set forth herein, including the right to block access from a particular Internet address to this website.
You agree to defend, indemnify and hold harmless TSCRA and its affiliates, their respective directors, officers, employees, agents, successors and assigns from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys’ fees) arising out of your use of the website, your violation of these Terms or any applicable law, statute, ordinance or regulation, or your infringement of any intellectual property or other right of any person or entity.
M. Third Party Content
Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not of TSCRA. In many instances, the content available through the website represents the opinions and judgments of the respective information provider or user. TSCRA neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the website by anyone other than authorized TSCRA employee spokespersons while acting in their official capacities. Notwithstanding the foregoing, TSCRA reserves the right to monitor, edit, sort, and pre-approve any content supplied by third parties.
N. Changed Terms
TSCRA has the right at any time to change or modify these Terms, or any part thereof, or to impose new conditions. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on the website, or by electronic or conventional mail, or by any other means. Any use of the website by you after such notice shall be deemed to constitute acceptance of such changes, modifications, additions or deletions.
O. Linked Internet Sites
THE LINKS IN THIS WEBSITE WILL LET YOU LEAVE OUR WEBSITE. THE LINKED SITES MAY NOT BE UNDER OUR CONTROL, AND THE CONTENT AVAILABLE ON THE INTERNET SITES LINKED TO THIS WEBSITE MAY NOT NECESSARILY REFLECT OUR OPINION. WE ARE PROVIDING THESE LINKS TO OTHER INTERNET SITES AS A CONVENIENCE TO YOU, AND ACCESS TO ANY OTHER INTERNET SITES LINKED TO THIS WEBSITE IS AT YOUR OWN RISK. THE INCLUSION OF ANY LINK DOES NOT IMPLY THAT WE RECOMMEND OR ENDORSE THE LINKED SITE, OR MAKE ANY REPRESENTATIONS AS TO THE VERACITY OR RELIABILITY OF THE INFORMATION OR SERVICES PROVIDED IN THE LINKED SITE.
Q. Governing Law; General Provisions
These Terms shall be construed in accordance with the law of the state of Texas, without regard to any conflict of laws rules, and you hereby consent to exclusive jurisdiction and venue of any federal or state court located in Fort Worth, Tarrant County, Texas, for any cause of action, claim, liability, demand or dispute arising out of your use of this website or its Terms. We operate this website from our offices within the United States of America. We make no representation that the information in this website is appropriate or available for use in other locations, and access to this website from territories where the contents of this website may be illegal is prohibited. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with applicable local laws. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.