Terms of Use

THE TERMS OF USE STATED BELOW (THE “TERMS” ) GOVERN YOUR USE OF www.texoma.cog.tx.us (THE “SITE”) AND ARE LEGALLY BINDING ON YOU. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THE SITE. YOUR USE OF THIS SITE WILL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS STATED BELOW. TEXOMA COUNCIL OF GOVERNMENTS (“TCOG”) RESERVES THE RIGHT TO REVISE THESE TERMS AT ANY TIME AND WE WILL NOTIFY YOU OF THESE REVISIONS BY POSTING AN UPDATED VERSION OF THESE TERMS ON THE SITE. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THESE TERMS. YOUR CONTINUED USE OF THE SITE WILL CONSTITUTE YOUR CONSENT TO THESE CHANGES.

General Use Restrictions: All information, documents, products, software and services provided on this Site, including trademarks, logos, graphics and images (the “Materials”) are provided to you by TCOG.

TCOG grants you the limited right to display the Materials only on your personal computer, and to copy and download the Materials displayed on this Site, provided that: (1) both the TCOG copyright notice (stated below) and this permission notice appear in the Materials so displayed, copied or downloaded, (2) the display, copy or download is solely for your personal or internal informational use (that is, not distributed or otherwise transmitted outside of your home or company, or otherwise broadcast in any media). You agree that you have no right to modify, edit, alter or enhance any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. On termination of this limited license, you agree to immediately destroy any electronic or printed Materials.

Except as stated in these Terms, you acknowledge that you have no right, title or interest in or to the Materials on any legal basis, without the advance written authorization of TCOG.

Third Party Content: Third parties may provide certain information and content to TCOG (“Third Party Content”). The Third Party Content is, in each case, the copyrighted work of the creator/licensor, and may be subject to terms of use and/or privacy policies of these third parties. Please contact the appropriate third party for further information regarding these terms. TCOG DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO CONTENT PROVIDED BY THIRD PARTIES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Linking: You may not link to this Site from any pornographic, obscene, profane, defamatory, libelous, threatening, unlawful or other website or material which could constitute or encourage unlawful conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law or regulation. Notwithstanding the fact that TCOG or other parties involved in creating, producing or delivering this Site, may monitor or review any links to this Site, TCOG and such parties assume no responsibility or liability which may arise from the content thereof, including but not limited to claims for defamation, libel, slander, obscenity, pornography, profanity or misrepresentation. Although this Site may link to other web sites (“External Sites”), TCOG is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any External Site, unless specifically stated herein. By entering this Site you acknowledge and agree that TCOG has not reviewed the External Sites and is not responsible for the content contained on any External Site. Your access and use of any External Site is at your own risk.

No Framing: You agree not to reproduce, transmit, display, distribute, “frame” or “mirror” any Materials on this Site on any other server or Internet-based device without the advance written authorization of TCOG.

Links to Third Party Sites: This Site may provide links to other websites or resources over which TCOG does not have control (“External Websites”). These links do not constitute an endorsement by TCOG of those External Websites. You acknowledge that TCOG is providing these links to you only as a convenience, and further agree that TCOG is not responsible for the content of External Websites. Your use of External Websites is subject to the terms of use and privacy policies located on the External Websites.

Privacy Policy: Your use of the Site is governed by the TCOG Privacy Policy that is available through this link (the “Privacy Policy”).

Submissions: You acknowledge that you are responsible for the information and material that you submit to the Site (each a “Submission”), and that you, and not TCOG, will have full responsibility for each Submission, including its legality, reliability, appropriateness, originality and copyright. Unless otherwise explicitly stated in these Terms or in the Privacy Policy, you agree that any Submission provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis. You agree that TCOG will be free to use or disseminate a Submission on an unrestricted basis for any purpose and if you submit information to the Site, you grant TCOG a nonexclusive, worldwide, royalty-free license to (in any media now known or not currently known or invented) link to, utilize, use, copy, exploit, and prepare derivative works of the Submission, provided that TCOG agrees to use any personally identifiable information included in your Submissions in accordance with TCOG’s Privacy Policy. YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO ANY INFORMATION YOU SUBMIT TO TCOG.

Trademarks and Copyrights: The trademarks, service marks, brands, names, logos and designs (“Trademarks”) of TCOG or others used on this Site are the property of TCOG or their respective owners. You may not remove or alter any Trademark. You may not use any trademark displayed on the Site without the express prior written permission of TCOG or the respective owner, and nothing contained on this Site grants by implication, waiver, estoppel or otherwise, any right to use these trademarks. All of the Materials appearing on this Site, including but not limited to, text elements, site design, images and icons, as well as the selection, assembly and arrangement thereof, are the sole property of TCOG, Copyright @copy; 2012, unless otherwise stated. All rights not expressly granted in these Terms are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.

Indemnification: You agree to defend, indemnify and hold harmless TCOG and its affiliates, representatives, partners, agents and employees from and against all liabilities, claims, costs and expenses, including attorneys’ fees that arise out of or in connection with your use of the Site or breach of these Terms.

Disclaimer of Warranty: While TCOG makes reasonable efforts to ensure that the Materials are correct, TCOG makes no warranties or representations as to the accuracy of the Content. You acknowledge and agree that this Site may include certain errors, omissions, outdated information that may affect the quality of the Materials. You acknowledge that the Materials have not been independently verified or authenticated in whole or in part by TCOG, and agree that TCOG does not warrant the accuracy or timeliness of the Materials and further agree that TCOG has no liability for any errors or omissions in the Materials, whether provided by TCOG or its affiliates.

TCOG, FOR ITSELF AND EACH OF ITS AFFILIATES, MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS AND ANY THIRD PARTY CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE IS PROVIDED ON AN “AS IS” AND “WHERE-IS” BASIS, AND IS FOR PERSONAL USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE DISCLAIMED.

Limitation of Liability: NEITHER TCOG NOR ANY OF ITS PARTNERS, AFFILIATES OR THIRD PARTY PROVIDERS WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY FORM OF DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR RELATED TO THE USE OR ATTEMPTED USE OF THE SITE, ANY EXTERNAL WEBSITES LINKED TO THIS SITE OR THE MATERIALS ON THE SITE, HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF TCOG WAS INFORMED OF THE POSSIBILITY OF THESE DAMAGES.

General: TCOG controls and operates this Site from its headquarters in the United States and makes no representation that the Materials are appropriate or will be available for use in locations other than the United States. If you use this Site from outside the United States, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Materials. These Terms will be governed by Texas law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You will bring all disputes, actions, claims, or causes of action related to these Terms or in connection with this Site only in the federal and state courts located in Grayson County, Texas. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then this provision(s) will be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of TCOG to enforce any right or provision in these Terms will not constitute a waiver of this right or provision unless acknowledged and agreed to TCOG in writing. These Terms comprise the entire agreement between you and TCOG and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained in these Terms.

This Privacy Policy was last updated and became effective October 29, 2013