Effective: 1/16/2017

Overview

Welcome! This website is owned and operated by the Texas Beef Council (“TBC,” “us,” “our,” or “we”), a 501(c)(3) non-profit corporation organized under the laws of the state of Texas. These Terms and Conditions of Use (“Terms of Use“) set forth the terms and conditions under which you are authorized to use our website located at beeflovingtexans.com, texasbeef.org.com (including any subdomains and mobile versions, the “Sites”).

Through your use of our Sites, you consent to the practices described in these Terms of Use.

To the extent additional rules or guidelines affect your use of our Sites, those rules and guidelines (including our Privacy Policy ) are hereby incorporated by reference into these Terms of Use. By using any of our Sites, you agree to these Terms of Use. If you do not agree to these Terms of Use, you should immediately stop using our Sites.

Third-party Services and Content

Our Sites are intended primarily for informational purposes. We enable you to inquire about our work, initiatives, events, our Sites, and we provide links for you to visit sites of third parties and our partners. Your use of these features and other content or services provided by third parties—including third-party links to other websites on the internet—are not governed by these Terms of Use.

Modifications and Interruption to the Sites

We reserve the right to modify or discontinue all or any portion of our Sites with or without notice to you. We will not be liable if we choose to exercise this right. You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to our Sites, or that operation of our Sites will be error free. You acknowledge that usage of our Sites may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

Your Representations

As a condition of your right to use our Sites, you represent that you are of legal age to enter into a binding contract and that you are not a person barred from accessing the Sites under the laws of the United States or any other country.

Restricted Activities

You may not engage in any of the following with regard to the Sites (including without limitation posting or transmitting content through the Sites), and you agree not to use the Sites to:

  1. violate or encourage the violation of any local, state, national, or international law or regulation;
  2. collect or store personal data about other users of our Sites or solicit personal information from any individual;
  3. impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
  4. send or promote any message that is unlawful, libelous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, disparaging regarding racial, gender or ethnic background, any statement that you have reason to know is false or misleading, or otherwise objectionable messages, as determined by TBC in its sole discretion;
  5. infringe any patent, trademark, trade secret, copyright, right of publicity or privacy, or other right of any party, or distribute any content you do not have a right to make available under any law or under contractual or fiduciary relationships;
  6. promote or distribute any unauthorized advertising, promotional materials, or material which can be characterized as “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or similar material, any request for or solicitation of money, goods, or services for private gain, or any information posted primarily for advertising, promotional, or other commercial purposes;
  7. disrupt or interfere with the security or use of the Sites or any websites or content linked to them;
  8. interfere with or damage the Sites, including, without limitation, through the use of viruses, Trojan horses, harmful code, denial of service attacks, packet or IP spoofing, forged routing or email address information or similar methods or technology or disobey any requirements, procedures, policies, or regulations of networks connected to our Sites;
  9. attempt to use another user’s account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) TBC or create or use a false identity;
  10. attempt to obtain unauthorized access to the Sites or portions thereof that are restricted from general access;
  11. use any meta tags or any other “hidden text” utilizing the TBC name, trademarks, or product names;
  12. attempt to reverse engineer or otherwise derive or obtain the code in any form for any software used in the Sites;
  13. engage in any activity that interferes with any third party’s ability to use or enjoy the Sites; or
  14. assist any third party in engaging in any activity prohibited by these Terms of Use.

Further, without our written consent, you may not:

  1. reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose any TBC content or any use of or access to the Sites;
  2. use any high volume, automated, or electronic means (including, without limitation, robots, spiders, scripts, or other automated devices) to access the Sites or monitor or copy our web pages or the content contained thereon;
  3. deep link to the Sites for any purpose; or frame the Sites, place pop-up windows over any content, or otherwise affect the display of the Sites.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, TBC, ITS RELATED ENTITIES, ITS SERVICE PROVIDERS, ITS LICENSORS, AND ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “TBC PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, RELATED TO OUR SITES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF OUR SITES IS AT YOUR SOLE RISK. OUR SITES AND ALL CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE TBC PARTIES ARE NOT RESPONSIBLE FOR THE TIMELINESS OF DELIVERY OF CONTENT, ANY FAILURES OF DELIVERY, ERRONEOUS DELETION, OR ANY LOSS OR DAMAGE OF ANY KIND YOU CLAIM WAS INCURRED AS A RESULT OF THE USE OF ANY SITES. UNDER NO CIRCUMSTANCES, WILL ANY OF THE TBC PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON ANY OF OUR SITES OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH ANY OF OUR SITES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF ANY TBC PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. 
IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE TBC PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify and hold the TBC Parties harmless from any claim or demand, including reasonable attorney’s fees and costs, made by any third party due to or arising out of your posting of any content on our Sites, or other use of our Sites in a manner not permitted by these Terms of Use, including without limitation your actual or alleged violation of these Terms of Use, or infringement of a third party’s intellectual property or other rights by you or another user of our Sites using your computer, mobile device or account.

Copyright and Trademark Information

All content, copyrights and other intellectual property rights in the content available on our Sites, including without limitation design, text, graphics, interfaces, and the selection and arrangements thereof, are owned by TBC, with all rights reserved, or in some cases may be licensed to TBC by third parties. This content is protected by the intellectual property rights of TBC or those owners. All content which qualifies for protection under U.S. Federal Copyright Law is subject to the exclusive jurisdiction of the Federal Court System, whether registered or unregistered. All trademarks displayed on our Sites are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of such parties. In addition, such use of trademarks or links to the websites of third parties is not intended to imply, directly or indirectly, 1that those third parties endorse or have any affiliation with TBC.

Permitted Use of the Content

Any use of content on the Sites, including without limitation reproduction for purposes other than those noted herein, modification, distribution, replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of TBC, is strictly prohibited. With the exception of use in search engines, you agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of TBC. 
You may use the content solely for your personal, non-commercial use, except as described herein. You may download or print a single copy of any portion of the content solely for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice from such content. You may not make any use of content owned by any third parties which is available on the Sites, without the express consent of those third parties.

Links to the Sites

You are hereby licensed to create hyperlinks to content on the Sites, provided that the hyperlink accurately describes the content to which it links. If you include links to our Sites on your website, when the link is clicked, the applicable page within our Sites must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising, or promotional materials not originally displayed on the page within the applicable Site, and without any interstitial pop-ups or web pages loading before the applicable target page is accessed. The page on which such links are featured must be accessible to the general public and not provided through a subscription service or for a fee, unless otherwise expressly agreed in writing by TBC. Under no circumstances may you “frame” all or any portion of the Sites or copy portions of the Sites to a server, except as part of an Internet service provider’s incidental caching of pages. We reserve the right to revoke these licenses generally, or your right to use specific links or feeds, at any time, with or without cause.

Content Complaints

If you believe that any content on our Sites violates these Terms of Use or is otherwise inappropriate, please report the content by completing the Contact Us form on our Sites, or send an email to beef@txbeef.org.

Providing Feedback to TBC

We welcome your comments and feedback about our Sites. All information and materials submitted to TBC through the Sites or otherwise, such as any comments, feedback, ideas, questions, designs, data or the like regarding or relating to the Sites or the business of TBC (collectively, “Feedback“), will be considered NON-CONFIDENTIAL and NON-PROPRIETARY with regard to you, but TBC reserves the right to treat any such Feedback as the confidential information of TBC.

By submitting Feedback to TBC, you assign to the TBC Parties, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in such Feedback. The TBC Parties will be entitled to use any Feedback you submit, and any ideas, concepts, know-how or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services using such Feedback without restriction and without compensating you in any way. You are responsible for the information and other content contained in any Feedback you submit to us, including, without limitation, its truthfulness and accuracy.

Governing Laws

The laws of the state of Texas and the United States govern these Terms of Use and any claims arising out of or relating to use of the Sites, without giving effect to any choice of law rules. We make no representation that our Sites are appropriate, legal or available for use outside of the United States. The state and federal courts located in Austin, Texas will serve as the venue for any actions brought, or claims made, arising out of your use of our Sites.

Compliance with Laws

You assume all knowledge of applicable law and you are responsible for compliance with any such laws. You may not use our Sites in any way that violates applicable state, federal, or international laws, regulations or other government requirements.

Changes to These Terms

We reserve the right, at any time, to modify, alter, or update these Terms of Use without prior notice. You are encouraged to check this page regularly for changes to the Terms of Use. Modifications will become effective immediately upon being posted to our Sites, without further notice to you. Your continued use of any of our Sites after such modifications are posted constitutes your acknowledgement and acceptance of such modifications, and you may not amend these Terms of Use.

Other Terms

If any provision of these Terms of Use is determined by a court of law to be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent, and the invalid provision will be modified as necessary to make it valid and enforceable while as closely as possible reflecting the original intentions of TBC. You agree that these Terms of Use and any other agreements referenced herein may be assigned by us, in our sole discretion, to a third party in the event of a merger or acquisition or otherwise. These Terms of Use shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a contributor to our Sites. You agree and understand that these Terms of Use together with any other applicable click-through agreements you may have entered into regarding our Sites, constitutes the entire agreement between you and TBC regarding your use of the Sites, and that any other prior agreements between you and TBC are superseded by these Terms of Use. Any failure by TBC to exercise its rights under these Terms of Use or to enforce the terms hereof will not constitute a waiver of those rights. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Sites or relating to these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Contact Us

If you have any questions about these Terms of Use, please feel free to contact us by email at: beef@txbeef.org, or by mail:

Texas Beef Council

8708 RR 620 N.

Austin, Texas 78726