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Terms and Conditions of Use

Terms and Conditions of Use

General

The BuyBoard website, social media pages, and online applications that the Texas Association of School Boards, Inc. (“TASB”) makes available to you (together the “Site”) are available for use under these Terms and Conditions of Use (“Terms”). As used in these Terms, “BuyBoard,” “we,” or “us” shall include TASB and all affiliated entities to which TASB provides website services on this Site (e.g., The Local Government Purchasing Cooperative and National Purchasing Cooperative).

These Terms supplement any written agreement entered into between you and BuyBoard. In the event of any conflict between these Terms and any written agreement entered into with BuyBoard, the written agreement with BuyBoard shall prevail. Subject to the foregoing, your use of the Site constitutes acceptance of these Terms. Please read these Terms carefully. If you do not accept these Terms, your use of this Site is not authorized by BuyBoard.

These Terms apply to the use of any resources available through the Site including message boards, forums, published content, and secured material through password-protected areas of the Site and any and all online applications made available to you. These Terms apply to your use of the Site in any manner, including on behalf of a BuyBoard member or BuyBoard vendor in your business or personal capacity.

The collection and use of personal information on the Site are addressed in the Site’s Privacy Policy.

Use of Content; Submissions

The Site is copyright-protected. Unless otherwise stated, copyright or similar proprietary rights are reserved for all material presented on the Site, including but not limited to audio and video clips, graphics, and links. Unauthorized use of materials may violate copyright laws. All copyright and other proprietary notices in the original material must be retained on any copy you make of the original material. You may not sell, distribute, or publish any content you obtain from this Site other than permissible copying of your own account information or as may be otherwise authorized by BuyBoard.

You shall not upload, enter, or submit any material or content to the Site that is subject to or may infringe the intellectual property or proprietary rights of any third party. You grant BuyBoard a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, publish, transmit, distribute, and reproduce, and to create derivative works from, any and all content or information you post, upload, provide, or create using the Site for the limited purpose of providing BuyBoard or TASB services. Permissible use shall include administering BuyBoard contracts and making information available to BuyBoard members when reviewing, selecting and ordering products through the BuyBoard.

Rules of Conduct

You agree to use the Site for lawful purposes only. You may not use this Site to transmit any content that BuyBoard deems as abusive, vulgar, obscene, hateful, fraudulent, unlawful, threatening, harassing, or defamatory. Content includes, but is in no way limited to, content that is viewable by others on the Site, comments, and artwork. Any use of, or conduct relating to, this Site that is not authorized by these Terms is prohibited. Please see the “Prohibited Conduct” section for specific prohibitions.

The Site may have links to external websites that are owned and operated by third parties. BuyBoard makes no representation whatsoever regarding the content of any other websites that you may access from this Site. When linking to an external website, please understand that it is independent from BuyBoard and we may have no control over the content on that website. A link to a non-BuyBoard website does not mean that we endorse or accept any responsibility for its content or use. BuyBoard does not guarantee the availability or accuracy of content on any website linking to our Site. It is the user’s responsibility to check each website for its own privacy statement and terms of use. Users rely on the data on such websites entirely at their own risk.

You may be allowed to establish a link from a website that is owned or controlled by you to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our prior written consent. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. BuyBoard reserves the right to withdraw linking permission without notice.

Third Party Information

The Site may contain information provided by third parties (e.g., BuyBoard vendor announcements, profiles, pricelists, catalogs, and product information). The BuyBoard is not responsible for information provided by third parties.

Live Chat

A live chat feature may be available to you in some areas of the Site. If you choose to access this feature, information that you provide may be processed and/or stored by the third-party provider of this feature, subject to the privacy practices of the provider. By participating in a chat session, you consent to the policies of the provider of the chat services and permit the provider to process and/or store the information you provide during the chat session.

Password-Protected Portions of the Site

Certain portions of the Site are provided on a login-and-password-only basis to Site registrants. All login credentials and passwords shall be treated as strictly confidential and for use only by the registrant. Each registrant is responsible for any activity on the Site that is accomplished through the use of their login credentials and password. Please request a change of password immediately if you become aware of any security compromise concerning your password.

Social Media

BuyBoard may maintain social media sites on or through services such as Facebook, Twitter, Instagram, and Pinterest. Your use of each of BuyBoard’s pages or offerings through each of those services is subject to these Terms, as well as the terms and policies covering each of those respective services. Information you post to any social media site may be published or used in accordance with the site’s terms and policies.

Availability and Services

BuyBoard’s goal is for continuous access, 24 hours per day, to our Site. However, there may be times when the Site is unavailable due to routine maintenance. Maintenance times are selected after identifying peak usage times to avoid the Site being down during those periods. BuyBoard reserves the right at any time to modify or discontinue the Site or any features or components of the Site, temporarily or permanently, with or without notice, for any reason. Without limiting the foregoing, you agree that BuyBoard, in its sole discretion, may terminate your access to the Site if BuyBoard believes that you have violated the letter or spirit of these Terms. You agree that any termination of your access to the Site or any deletion of information may be effected without prior notice.

Accessibility

We have made attempts to meet the current guidelines of the World Wide Web Consortium’s Web Accessibility Initiative. However, we are at this time unable to guarantee that buyboard.com will be compatible with all Web browsers designed to assist individuals with special needs. We will make every effort to meet these guidelines in the future. Further, BuyBoard is not responsible for content submitted by third parties to the Site. If you are having difficulty with navigation of the Site, please contact BuyBoard at info@buyboard.com or 800-695-2919.

Reliance on Materials/Offerings

A number of educational materials, offerings, and announcements are available through the Site, including information about training, topics, and recent developments that BuyBoard believes may be of interest to our membership. All such materials available through the Site are provided for convenience, informational purposes, and educational purposes only. None of such materials are intended to constitute legal advice. BuyBoard is not responsible for fulfilling or processing the procurement compliance or certification requirements of any user of the Site.

IP Addresses

We collect IP addresses (the internet address of a computer) and analyze this data for trends and statistics about page viewing frequency and sequence to improve our Site and the services we offer. We may, in some circumstances, link your IP address to personally identifiable information about you, and, if necessary, an IP address, including yours, can and will be used to identify anyone responsible for threatening the integrity or security of the Site or our computer systems and information networks.

Cookies

BuyBoard uses cookies (text files placed on your hard drive by a web server) to monitor Site usage and to help personalize your browsing experience.

You may have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you usually can modify your browser settings to decline them. Alternatively, you may be able to modify your browser settings to notify you each time a cookie is tendered, allowing you to accept or decline cookies on an individual basis. If you choose to decline cookies, however, you may not have access to the full functionality of the Site.

All BuyBoard and TASB trademarks, logos, or service marks displayed on this Site are the property of TASB. You must not use such marks without the prior written permission of TASB. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners or licensors. Any unauthorized use or misuse of this intellectual property or unauthorized use of content on the Site will be subject to all appropriate remedies, including appropriate legal action.

Changes

Please review the Terms periodically, as we may update them from time to time. All changes are effective immediately upon posting on the Site.

Prohibited Conduct

In connection with your use of the Site you may NOT:

  • Deliver content that contains software viruses or any other code, files, or programs designed to damage or disrupt any software, hardware, or equipment;
  • Post, upload, or create any content that infringes the intellectual property rights, including copyrights, of others;
  • Upload any content containing an image, likeness, or audio or visual recording of an individual without permission to do so;
  • Post, upload, or create any content that violates any privacy rights of any individual;
  • Harm or harass any individual; or
  • Do anything that gives rise to civil or criminal liability.

In addition, you may NOT:

  • Attempt to modify or alter the Site;
  • Attempt to use the Site other than for its intended purposes;
  • Attempt (including through the use of any device, software, or routine) to interfere with the proper functioning of the Site;
  • Attempt to circumvent a technological measure that controls or impacts access to the Site;
  • Take any action that imposes, as determined within TASB’s sole discretion, an unreasonable or disproportionately large or otherwise overly burdensome load on the infrastructure or networks utilized by the Site;
  • Violate any applicable law or regulation in connection with the use of the Site; or
  • Copy or distribute any content from the Site in any manner (including, but not limited to through the use of any manual process, device, or any robot, spider, or other automatic process), other than permissible copying from an account through the use of report or copying functionality provided by the Site and may not share, publish, or distribute any content from the Site other than permissible copying of your own account information or as otherwise authorized by BuyBoard.

Limitations of Liability

BuyBoard does not guarantee that the Site or any services provided through the Site will be uninterrupted or error-free. Content and services are provided on an “as is,” as-available basis. BuyBoard does not guarantee that any file available for downloading is free of viruses or similar contamination or destructive features.

TO THE FULLEST EXTENT PERMITTED BY LAW:

(A) TASB, THE LOCAL GOVERNMENT PURCHASING COOPERATIVE, AND NATIONAL PURCHASING COOPERATIVE, INCLUDING THEIR RESPECTIVE BOARD MEMBERS, OFFICERS, AGENTS, REPRESENTATIVES, MEMBERS, EMPLOYEES, AND ASSIGNS, SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING UNDER THESE TERMS OR ASSOCIATED WITH YOUR USE OF THE SITE OR WITH ANY BUYBOARD CONTENT, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OF DATA, LACK OR LOSS OF DATA, OR OTHER INTANGIBLE LOSSES, WHETHER THE CLAIM FOR SUCH DAMAGES IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE (EVEN IF BUYBOARD OR ITS APPLICABLE THIRD-PARTY PROVIDER HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES); AND

(B) THE MAXIMUM AGGREGATE LIABILITY OF ANY KIND ARISING UNDER OR RELATING TO THESE TERMS, THE PRODUCTS, SERVICES, OR BUYBOARD CONTENT SHALL BE ONE HUNDRED UNITED STATES DOLLARS ($100.00). THE FOREGOING LIMITATIONS SHALL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE OR OTHER TORT, OR ANY OTHER LEGAL THEORY; MOREOVER, THESE LIMITATIONS WILL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

DMCA Compliance / Take Down Rights

Consistent with our commitment to the protection of intellectual property rights, in connection with any content or material posted by users of or visitors to the Site (“User Material”), we comply with the protections and notice and take-down provisions of the Digital Millennium Copyright Act (“DMCA”). If you are a copyright owner or an agent thereof and believe that any User Material infringes upon your copyrights, you may submit a notification pursuant to the DMCA by providing our copyright agent with the following information in writing:

  • Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit BuyBoard to locate the material;
  • Information reasonably sufficient to permit BuyBoard to contact you, such as an address, telephone number, and, if available, an electronic mail address;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notifications of claimed infringement should be sent to BuyBoard’s designated copyright agent to receive notifications of claimed infringement,

Attn: Chief Communications Officer
Texas Association of School Boards, Inc.
P.O. Box 400
Austin, Texas, 78767-0400
webmaster@tasb.org

Miscellaneous

The laws of the State of Texas, excluding its conflicts of law rules, shall govern these Terms, and you hereby irrevocably agree that all claims or disputes arising out of or in connection with these Terms shall be heard exclusively by any of the federal or state courts of competent jurisdiction located in the State of Texas, County of Travis, and you waive any objection to personal jurisdiction or the propriety or convenience of venue in such courts.

The owner of the Site is based in the State of Texas in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside the United States. Access to the Site may not be legal by certain persons or in certain countries or territories. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with laws relating thereto.

These Terms are the complete and exclusive statement of the agreement with respect to the subject matter hereof and supersede all other communications or representations or agreements (whether oral, written, or otherwise) relating thereto. In the event of an actual irreconcilable conflict or inconsistency among the provision of these Terms and the terms of a written agreement between you and the BuyBoard applicable to your use of the Site, the terms of the written agreement between you and the BuyBoard shall take precedence in reconciling the conflict or inconsistency unless BuyBoard specifically agrees in writing otherwise. The failure of BuyBoard to require performance of any provision of these Terms in no manner shall affect its right at a later time to enforce the same. No waiver by BuyBoard of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any other such breach, or a waiver of any other breach of these Terms.

If any provision of these Terms shall to any extent be held invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions of these Terms shall in no way be affected or impaired thereby and each such provision of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality, or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein. The section headings in these Terms are for convenience only and shall have no legal or contractual effect.

BY USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS.

v.09.2020