Terms of Use


WEBSITE TERMS OF USE

The Texas Education Agency (“TEA”) has created and maintains The SGS Network Website (“the Website”) in order to provide the public with online information and resources concerning the activities of TEA. By using the Website and its content, you expressly agree to comply with and be bound by the following Terms of Use, which TEA may change at any time. These Terms of Use were last updated on August 31, 2017.

USE OF WEBSITE AND ITS CONTENT

The Website contains intellectual property that is either owned by or licensed to TEA. Such intellectual property includes, but is not limited to, the design, layout, look, appearance, images, text, marks, software, and graphics (the “Content”). All of the Content on the Website is proprietary to TEA or is used in a manner consistent with the legal owner’s permission or applicable laws or regulations. You agree that you will not assert any claim or interest in or to any Content on the Website, that you will comply with all restrictions on use contained herein, and that you will not infringe or violate the rights of any other party by or in connection with your use of the Website or its Content. Subject to the foregoing, TEA authorizes you to view, download, and print Content from the Website upon the following conditions:

  1. You must observe any and all additional terms or restrictions provided within individual sections of the Website relating to particular Content on the Website;
  2. You may view, download, and print Content from the Website for your own personal and non-commercial use;
  3. You may download, print, or otherwise use Content from the Website for “fair use” as defined in the United States copyright laws (generally, for non-commercial, educational purposes, such as teaching, scholarship, research, criticism, commentary, and news reporting);
  4. You are strictly prohibited from downloading Content from the Website for commercial use or for use on personal websites;
  5. You may not modify the appearance or Content of the Website; and
  6. TEA expressly prohibits the copying of any Content on this Website not described above or elsewhere in these Terms of Use.

TRADEMARKS

The names, titles, trademarks, service marks, and logos that appear on the Website are registered and unregistered marks of TEA. You may not use Trademarks without TEA’s prior, written permission.

The trademarks of third parties may also appear on the Website from time to time; you may not use these trademarks without prior, written permission of their respective owners. You acknowledge and agree that nothing on the Website grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any of the TEA SGS Network trademarks or may be construed to mean that TEA has authority to grant any right or license on behalf of any third party trademark owner.

DIGITAL MILLENNIUM COPYRIGHT ACT

TEA complies with the provisions of the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c)(2). TEA may, in appropriate circumstances and at its discretion, take reasonable steps to disable and/or terminate access to the Website of users who may be repeat infringers of copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information to our designated agent:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
  2. A description of the copyrighted work that you claim has been infringed;
  3. A description of where the material that you claim is infringing is located on the Website;
  4. Your address, telephone number, and email address;
  5. 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;
  6. 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.

TEA’s agent for notice of claims of copyright infringement can be reached via the “Help” section on this website.

PERMISSIONS AND REQUESTS FOR IMAGES AND OTHER SITE CONTENT

To request permission to use or reproduce images or to otherwise publish or quote from TEA’s website, please submit a request via the “Help” section on this website.

Professional journalists who wish to obtain any portion of the Website’s content for publication should also submit a request via the “Help” section on this website.

TEA reserves the right not to grant permission to use the content of its Website, and does not ever grant permission to use any materials of third parties.

NO REPRESENTATIONS OR WARRANTIES BY TEA

TEA makes no representation of any kind regarding the content of the Website. All content on the Website is provided “as-is.” TEA expressly disclaims any and all warranties of merchantability or fitness for a particular purpose.

Without limiting the foregoing:

  1. TEA does not warrant or represent that use of content displayed on the Website will not infringe the rights of third parties not owned by or affiliated with TEA. Copyright and other proprietary rights in the Website’ content may be held by individuals and/or entities other than TEA.
  2. While TEA uses reasonable efforts to include accurate and up-to-date information on the Website, TEA makes no representations or warranties as to its accuracy. TEA assumes no liability or responsibility for any errors or omissions in the content of the Website.
  3. Use of and browsing in the Website are at your risk. TEA assumes no responsibility and will not be liable for any damages to or viruses that may infect your computer equipment or other property on account of your access to, use of, browsing in, or downloading of any content from the Website.

Except where specifically indicated otherwise, any communication or material you transmit to the Website by electronic mail or other means, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by TEA and its respective affiliates or licensees for any purpose.

UNAUTHORIZED USE OF WEBSITE

While using the Website, you agree that you will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use. Without limiting the foregoing, you agree that you will not:

  1. Use the Website to send spam, chain letters, pyramid schemes, or other unsolicited communications of any kind;
  2. Use the Website to abuse, defame, threaten, stalk, harass, breach the confidence of, or otherwise violate the legal rights of others;
  3. Introduce any viruses, worms, Trojan horses, or any other harmful or destructive items into the Website;
  4. Interfere with or disrupt networks connected to the Website;
  5. Attempt to modify, reverse engineer, or reverse assemble any part of the Website;
  6. Conduct yourself in a manner that will, or is reasonably likely to, negatively affect the Website or other users of the Website; or
  7. Violate any applicable laws or regulations, including without limitation any copyright, trademark or other intellectual property laws.

Any unauthorized use of the Website (including, but not limited to, hacking, use of any robot, spider or any other automated device or process) will constitute a violation of these Terms of Use. It will also be a violation of these Terms of Use for any individual (or group of individuals acting in concert) to request more than 1,000 pages of the website in any 24 hour period.

LINKS

The Website may contain links to third-party websites. TEA has not reviewed all of the websites linked to the Website and is not responsible for any content of any linked website. TEA provides these links as a convenience only; and such links do not imply TEA’s endorsement, sponsorship, or affiliation with the linked website.

CONTENT PROVIDED BY USERS

Although TEA may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Website, TEA is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Website. Users are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. TEA will fully cooperate with any law enforcement authorities or court order requesting or directing TEA to disclose the identity of anyone posting any such information or materials.

PRIVACY

We may collect and use information about you in the manner set out in our Privacy Policy. The Privacy Policy forms part of the overall Terms of Use of the Website and are incorporated herein by this reference.

BREACH OF TERMS OF USE

Without limiting any other rights available to us at law or otherwise, if you breach any of these Terms of Use, including any provisions of the Privacy Policy, we may terminate your access to the Website or take any other action that we believe appropriate.

You agree to release and indemnify TEA and its officers, directors, employees, and agents from and against all costs, expenses, loss, proceedings, or liabilities brought against or incurred by those persons in connection with your use of the Website or breach of these Terms of Use in any way.

APPLICABLE LAW, JURISDICTION, AND VENUE

The Website (excluding links to websites operated by others) is controlled and operated by TEA from its offices in and around Austin, Texas. Although TEA has made no effort to publish the Website elsewhere, it is accessible in all fifty U.S. states and in other countries due to its presence on the Worldwide Web. As each of these states and countries have laws which may differ from those of Texas and from each other, and as you and TEA both benefit from establishing a predictable legal environment in which to publish, access and use the Website, by publishing, accessing, and/or using the Website you agree that all matters arising from or relating to the use and operation of the Website will be governed by the internal laws of the State of Texas, without regard to its conflict of laws principles. You agree that all claims you may have arising from or relating to the operation or use of the Website will be heard and resolved in the courts of the State of Texas, County of Travis. You consent to personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. If you choose to access the Website from locations other than Austin, Texas, you will be responsible for compliance with all local laws of such other locations.

INDEMNITY

You agree to indemnify, defend, and release TEA and its directors, officers, employees, agents, representatives and funders from all claims, causes, allegations, costs, expenses, fees (including actual attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to your use of or operation of the Website.

LIMITATION OF LIABILITY

NEITHER TEA, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR FUNDERS WILL HAVE ANY LIABILITY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, COMPENSATORY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATED TO YOUR USE OF THE WEBSITE OR ITS CONTENT.

WAIVER AND SEVERANCE

Any waiver of any provision of this Terms of Use agreement must be in writing and signed by an authorized representative of TEA. TEA’s failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision unless agreed to in writing by TEA.

If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, unlawful, or unenforceable in any respect, the validity, legality, and/or enforceability of the remaining terms and conditions contained herein will not in any way be affected or impaired thereby. The parties agree that any invalid term(s) or condition(s) will be validly reformed by the court to as near approximate the intent of the parties as reflected in the provision, and if unreformable, will be severed and deleted from these Terms of Use.

ENTIRE AGREEMENT

These Terms of Use are the complete statement of the agreement of the parties with respect to the subject hereof and supersede all prior agreements and understandings between the parties hereto with respect to the subject hereof. In order to be binding, any amendment or modification of this agreement must be effected by an instrument in writing signed by the parties.