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Services and Resources Terms of Use
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| 1. Acceptance of Terms |
TxDLA provides services and resources to you, subject to the following Terms of Use
(TOU), which may be updated by TxDLA at any time without notice to users. In addition, when using particular
TxDLA services and resources, you and TxDLA shall be subject to any posted guidelines or rules applicable to such
services and resources. All such guidelines or rules are hereby incorporated by reference into the
TOU. This agreement is to be construed and interpreted according to the laws of the State of
Texas. The failure of TxDLA to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision.
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| 2. Description of Services & Resources |
| TxDLA currently provides users with access to a variety of
services and resources, including but not limited to, various communications tools, email-based discussion groups, forums, job banks, staffing
services, documents, news, press releases, peer publishing, industry articles, and knowledge banks.
Unless explicitly stated otherwise, any new features that augment or enhance current
services and resources, including the release of new TxDLA Knowledge Bases, shall be subject to the
TOU. You understand and agree that services and resources are provided "AS-IS" and that
TxDLA assumes no responsibility for the timeliness, deletion,
mis-delivery or failure to store any user communications or user preference settings.
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| 3. Modifications to Services & Resources |
TxDLA reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently,
services and resources (or any part thereof) with or without notice. You agree that
TxDLA shall not be liable to you or to any third party for any modification, suspension or discontinuance of
services and resources.
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| 4. TxDLA Privacy Policy |
Use of any and all TxDLA services and resources
are subject to the TxDLA Privacy Policy. The privacy policy may be found at:
http://www.txdla.org/privacy.asp.
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| 5. Links to 3rd Party Sites |
Web pages, services, and resources within the TxDLA
Website may contain links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control of
TxDLA and TxDLA is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.
TxDLA is not responsible for any other form of transmission received from any Linked Site nor is
TxDLA responsible if the Linked Site is not working appropriately.
TxDLA is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by
TxDLA of the site or any association with its operators, or guarantee that the content contains accurate information. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.
TxDLA is under no obligation to link to any site.
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| 6.Submitted Content |
| In many cases, users are invited to submit Content, which includes but is not limited to such items as documents,
links, topical questions or responses submitted through various TxDLA
groups or other forums, to TxDLA for publication, circulation, or distribution.
TxDLA does not claim ownership of Content submitted, but by submitting such Content users grant
TxDLA a nonexclusive, worldwide license to link to, reproduce, distribute, adapt, promote, display, and sublicense submitted Content.
TxDLA reserves the right to remove any Content at any time, with no obligation to notify the original submitter of the Content. Publication of any submitted Content is at the sole discretion of
TxDLA.
Individuals submitting Content certify that they own the Content being submitted, or otherwise have the right to freely redistribute the Content without limitation, and that submitting this Content will not violate or infringe upon the rights of any third party, including but not limited to, copyrights, patents, trademarks, trade secrets or other proprietary rights.
Individuals submitting Content certify that their submissions
contain no elements and produce no results that are defamatory, obscene, or in violation of any law. Individuals submitting Content further certify that their submissions contain no harmful or destructive content or output, including but not limited to any viruses, worms, and Trojan horses.
TxDLA assumes no liability with respect to disputes over Content ownership, copyright, or trademarks.
In the event that TxDLA is notified by a rightful owner that an infringement of ownership, copyright, or trademark has occurred,
TxDLA will remove the Content in question in a timely manner, with no obligation to notify the original submitter of the Content in question.
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| 7. Reproduction of Content |
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any purposes, any portion of
services and resources, use of services and resources, or access to
services and resources.
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| 8 Disclaimer of Warranties/Limitation of Liability |
| WHILE WE USE REASONABLE EFFORTS TO INCLUDE
ACCURATE AND UP-TO-DATE INFORMATION ON SERVICES AND RESOURCES,
WE MAKE NO REPRESENTATIONS AS TO THE ACCURACY, QUALITY,
TIMELINESS, AVAILABILITY, OR COMPLETENESS OF THE INFORMATION,
DOCUMENTS, SUBMITTED CONTENT INCLUDING QUESTIONS AND RESPONSES
POSTED VIA TxDLA FORUMS, OR OTHER MATERIALS AVAILABLE THROUGH
THE WEBSITE, AND YOU SHOULD NOT RELY UPON THEM. WE PROVIDE THE
SERVICE ON AN "AS IS, AS AVAILABLE" BASIS. YOU USE IT
AT YOUR OWN RISK, AND TxDLA, DIRECTORS, AND AGENTS ARE NOT
LIABLE FOR ANY ERRORS OR OMISSIONS IN ITS CONTENT OR DELIVERY,
OR FOR ANY FORM OF LOSS OR DAMAGE (INCLUDING ANY CONSEQUENTIAL,
INDIRECT, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES, EVEN IF
KNOWN TO US) THAT MAY RESULT FROM ITS USE. WE EXPRESSLY DISCLAIM
ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO WARRANTY NOT
SET FORTH IN THIS AGREEMENT WILL BE VALID. IF ANY OF THE ABOVE
PROVISIONS ARE VOID UNDER GOVERNING LAW, OUR LIABILITY SHALL BE
LIMITED TO THE EXTENT PERMITTED BY LAW.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED
BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, 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 RECORD, WHETHER
FOR BREACH OF CONTRACT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. CUSTOMER SPECIFICALLY ACKNOWLEDGES
THAT TxDLA 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 USER.
TxDLA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF SERVICE
AND RESOURCES OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY
BREACH OF ANY WARRANTY. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON
SERVICES AND RESOURCES.
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| 9. Indemnification |
You will indemnify and hold TxDLA,
officers, agents, and
employees harmless against any claim, dispute, or demand, including reasonable attorneys' fees,
which may arise from a breach of these Terms of Use or to your violation of these Terms of Use,
including any content submitted to, uploaded to, or transmitted
by way of TxDLA by you.
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