TERMS OF USE

Effective as of July 28, 2016

This website is operated by Battleground Texas (“BGTX,” “we,” or us”). These Terms of Use (“Terms”) apply to your access to, and use of, the Battleground Texas website, located at https://www.battlegroundtexas.com/. Please review the following terms carefully.  By accessing or using our website, you signify your agreement to these Terms of Use.  If you do not agree to these Terms of Use, you may not access or use our website.

PRIVACY POLICY

Battleground Texas respects the privacy of its website users.  Please refer to our Privacy Policy (found here: https://www.battlegroundtexas.com/privacy-policy) which explains how we collect, use, and disclose information that pertains to your privacy.  When you access or use our website, you signify your agreement to this Privacy Policy.

ABOUT OUR WEBSITE

Our website allows you to find information about Battleground Texas and about volunteer events in your area, sign up to attend events, sign up to receive email and mobile communication from Battleground Texas, sign up to view grassroots training materials, make donations to Battleground Texas, and show your support for various causes.

REGISTRATION; RULES FOR USER CONDUCT AND USE OF OUR WEBSITE

You need to be at least 13 years old and a resident of the United States to register for and use our website.

If you are a user who signs up for our website, a personalized account may be created which includes a unique username and a password to access our website and to receive messages from Battleground Texas. You agree to notify us immediately of any unauthorized use of your password and/or account. Battleground Texas will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.

USE RESTRICTIONS

Your permission to use our website is conditioned upon the following Use Restrictions and Conduct Restrictions: You agree that you will not under any circumstances:

  •    post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
  •    use our website for any unlawful purpose or for the promotion of illegal activities;
  •    attempt to, or harass, abuse or harm another person or group;
  •    use another user’s account without permission;
  •    provide false or inaccurate information when registering an account;
  •    interfere or attempt to interfere with the proper functioning of our website;
  •    make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
  •    bypass any robot exclusion headers or other measures we take to restrict access to our website or use any software, technology, or device to scrape, spider, or crawl our website or harvest or manipulate data; or
  •    publish or link to malicious content intended to damage or disrupt another user’s browser or computer.

POSTING AND CONDUCT RESTRICTIONS

When you create your own personalized account, you may be able to provide (“User Content”).  You are solely responsible for the User Content that you post, upload, link to or otherwise make available via our website.  You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content.  Battleground Texas, however, reserves the right to remove any User Content from our website at its discretion.

The following rules pertain to User Content. By transmitting and submitting any User Content while using our website, you agree as follows:

  •    You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
  •    You will not post information that is malicious, false or inaccurate;
  •    You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
  •    You hereby affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.

You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of our website is solely your responsibility.  Battleground Texas is not responsible for any public display or misuse of your User Content.  Battleground Texas does not, and cannot, pre-screen or monitor all User Content.  However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with our website.

REGISTRATION DATA AND ACCOUNT SECURITY

In consideration of your use of this website, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the website (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and update the Registration Data, and any other information you provide to Battleground Texas, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Battleground Texas.

ONLINE CONTENT DISCLAIMER

Opinions, advice, statements, offers, or other information or content made available through our website, but not directly by Battleground Texas, are those of their respective authors, and should not necessarily be relied upon.  Such authors are solely responsible for such content.  Battleground Texas does not guarantee the accuracy, completeness, or usefulness of any information on our website and neither does Battleground Texas adopt nor endorse, nor is Battleground Texas responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than Battleground Texas.  Battleground Texas takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over our website.  Under no circumstances will Battleground Texas be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on our website, or transmitted to users.

Though Battleground Texas strives to enforce these Terms of Use, you may be exposed to User Content that is inaccurate or objectionable.  Battleground Texas reserves the right, but has no obligation, to monitor the materials posted in the public areas of our website or to limit or deny a user’s access to our website or take other appropriate action if a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious.  E-mails sent between you and other participants that are not readily accessible to the general public will be treated by us as private to the extant required by applicable law. Battleground Texas shall have the right to remove any such material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others.  Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law.  If you become aware of misuse of our website, please contact us at info@battlegroundtexas.com.

TRADEMARKS

All logos and slogans contained on this website are trademarks of Battleground Texas or other third parties and may not be copied, imitated or used, in whole or in part, without the prior written permission of Battleground Texas or the applicable trademark holder. The look and feel of the website, including all page headers, custom graphics, button icons and scripts, may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Sites are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us.

LINKS TO OTHER SITES AND/OR MATERIALS

As part of our website, Battleground Texas may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”).  These links are provided as a courtesy to website subscribers.  Battleground Texas has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content.  Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Battleground Texas, and Battleground Texas is not responsible for any Third Party Sites accessed through our website or any Third Party Applications, Software or Content posted on, available through or installed from our website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content.  Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by the Battleground Texas.  If you decide to leave our website and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern.  You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from our website or relating to any applications you use or install from our website.

LINKS TO OUR SITE

You may not use a Battleground Texas logo or other proprietary graphic of Battleground Texas to link to this website without our express written permission.  Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Battleground Texas or any third party.

COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT

(a) Termination of Repeat Infringer Accounts.  Battleground Texas respects the intellectual property rights of others and requests that the users do the same.  Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, Battleground Texas has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of our website who are repeat infringers.  Battleground Texas may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.

(b) DMCA Take-Down Notices.  If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on our website infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to the Battleground Texas designated copyright agent at:

Battleground Texas
P.O. Box 11525
Austin, TX 78711

  1. The date of your notification;
  2. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  3. A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  4. A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
  5. Information reasonably sufficient to permit Battleground Texas to contact you, such as an address, telephone number, and/or email address;
  6. 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; and
  7. 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.

(c) Counter-Notices. If you believe that your User Content that has been removed from our website is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:

  1. Your physical or electronic signature;
  2. A description of the content that has been removed and the location at which the content appeared before it was removed;
  3. A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
  4. Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in New York and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Battleground Texas copyright agent, Battleground Texas may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days.  Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in Battleground Texas’ discretion) be reinstated on the Site in 10 to 14 business days or more after receipt of the counter-notice.

LICENSE GRANT

By posting any User Content via our website, you expressly grant, and you represent and warrant that you have a right to grant, to Battleground Texas a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with our website.

INTELLECTUAL PROPERTY

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to our website, including applicable copyrights, trademarks and other proprietary rights.  Other product and company names that are mentioned on our website may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.

EMAIL MAY NOT BE USED TO PROVIDE NOTICE

Communications made through our website’s e-mail and messaging system, will not constitute legal notice to the Battleground Texas or any of its officers, employees, agents or representatives in any situation where notice to Battleground Texas is required by contract or any law or regulation.

USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM

For contractual purposes, you (a) consent to receive communications from Battleground Texas in an electronic form, for example via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that Battleground Texas provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.  The foregoing does not affect your non-waivable rights.

We may also use your email address, to send you other messages, including information about Battleground Texas and special offers. You may opt out of such email by using the unsubscribe link at the bottom of the email, or by sending an email to info@battlegroundtexas.com or mail to the following postal address:

Customer Support
Battleground Texas
P.O. Box 11525
Austin, TX 78711

Opting out may prevent you from receiving messages regarding Battleground Texas or special offers.

USER CONSENT TO RECEIVE COMMUNICATIONS IN MOBILE FORM
If you request to receive updates or other information by mobile phone or text message (the “SMS Service”), you consent to receiving text messages from us and our otherwise communicating with you via your mobile device.  We do not charge for this SMS Service. However, your carrier’s standard messaging, data and other rates and fees still apply to any messages you send, our confirmations and all subsequent SMS correspondence and/or transmissions.

WARRANTY DISCLAIMER

THIS WEBSITE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, BATTLEGROUND TEXAS EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING OUR WEBSITE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, BATTLEGROUND TEXAS MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF OUR WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM OUR WEBSITE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

LIMITATION OF DAMAGES; RELEASE

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BATTLEGROUND TEXAS, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE,  OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE OUR WEBSITE; (C) OUR WEBSITE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE OUR WEBSITE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH BATTLEGROUND TEXAS OR ANY OTHER USER OF OUR WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BATTLEGROUND TEXAS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.  SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.

If you have a dispute with one or more users, or a merchant of a product or service that you review using our website, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.  If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

MODIFICATION OF TERMS OF USE

We can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments.  It is your sole responsibility to check our website from time to time to view any such changes in the Agreement.  If you continue to use our website, you signify your agreement to our revisions to these Terms of Use.  However, we will notify you of material chances to the terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration.  For this additional reason, you should keep your contact and profile information current.  Any changes to these Terms (other than as set forth in this paragraph) or waiver of Battleground Texas’ rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of Battleground Texas.  No purported waiver or modification of this Agreement by Battleground Texas via telephonic or email communications shall be valid.

GENERAL TERMS

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Any failure on the part of Battleground Texas to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision.  Our rights under this Agreement will survive any termination of this Agreement.

You agree that any cause of action related to or arising out of your relationship with Battleground Texas must commence within ONE year after the cause of action accrues.  Otherwise, such cause of action is permanently barred.

These Terms of Use and your use of our website are governed by the federal laws of the United States of America and the laws of the State of Texas, without regard to conflict of law provisions.

Battleground Texas may assign or delegate these Terms of Service and/or the Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without prior written consent from Battleground Texas, and any unauthorized assignment and delegation by you is void.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AT HTTP://WWW.BATTLEGROUNDTEXAS.COM/PRIVACY-POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.