Terms of Service

Welcome to the Texas Gateway for Online Resources. Please read these Terms of Service (“TOS”) and the Privacy Policy prior to signing up for an account or using any portion of the Texas Gateway for Online Resources website (the “Site,” which consists of all content and pages located within the texasgateway.org web domain). These TOS and the Privacy Policy are agreements (the “Agreements”) between you, the Texas Education Agency (“TEA”) and TEG Technologies, LLC (“TEG”). By using the Site, you accept and agree to be legally bound by the Agreements, whether or not you are a registered user. If you do not understand or do not wish to be bound by the terms of the Agreements, you should not use the Site.

The TEA reserves the right to modify these TOS at any time without advance notice. By continuing to use this Site following the posting of such changes, you agree to be bound by these TOS, as modified. TEA may change, restrict access to, suspend or discontinue this Site, or any portion of this Site, at any time.

ELIGIBILITY

Use of the user dashboard (the “Dashboard”) available through the Site is restricted to individuals who create an account using the signup form, who are at least 13 years of age or older and who are able and competent to enter into these TOS. By creating an account in this Site, you affirm that you are at least 13 years old and meet these eligibility requirements. The Dashboard is not intended for children under 13.

USER ACCOUNT AND ACCESS

Registration. In order to use the Dashboard, you must create a user account. To create a user account, you are required to provide your name, a valid email address and a user password. In setting up your account, you may also be prompted to enter additional information.

User information. You agree that all information provided by you is accurate, current, and complete and that you will maintain and update your information to keep it accurate, current and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current, or incomplete, TEA and/or TEG reserves the right to terminate your user account to the Site.

Security. You agree that you will never divulge or share access or access information to your user account with any third party for any reason. You agree that you will not violate or attempt to violate the security of the Site. TEG will investigate security violations and may involve, and cooperate with, law enforcement authorities in prosecuting the use or users who are involved in such violations.

RULES FOR ONLINE CONDUCT

You agree that you are responsible for your own use of the Site and for your User Content. “User Content” includes all content posted or distributed on the Site by you or other users of the Site, including but not limited to user-created lists. You agree that you will use the Site in compliance with these TOS and all applicable local, state, national and international laws, rules and regulations, including copyright laws, any laws regarding the transmission of technical data exported from your country of residence, and all United States export control laws.

As a condition of your use of the services, you will not use the Site in any manner intended to damage, disable, overburden or impair any TEG server or the network(s) connected to any TEG server or to interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to any TEG server through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information stored on the Site, its servers or associated computers through any means not intentionally made available through the Site.

You agree not to scrape, or otherwise download in bulk, any Site content, including but not limited to a list or directory of users on the system, on-line textbooks, User Content or user information. You agree not to misrepresent or attempt to misrepresent your identity while using the Site.

The following are strictly prohibited on the Site:

  • Content that defames, harasses or threatens others;
  • Content that discusses illegal activities with the intent to commit them;
  • Content that infringes another’s intellectual property, including, but not limited to, copyrights or trademarks;
  • Profane, pornographic, obscene, indecent or unlawful content;
  • Advertising or any form of commercial solicitation;
  • Content related to partisan political activities;
  • Viruses, trojan horses, worms, time bombs, corrupted files, malware, spyware or any other similar software that may damage the operation of another's computer or property; and
  • Content that contains intentionally inaccurate information or that is posted with the intent of misleading others.

USER CONTENT AND LICENSE

You may be permitted to submit and distribute User Content. You represent and warrant that any User Content you submit to the Site is accurate and complete and will not violate or infringe the rights of any third party, including without limitation privacy, publicity, intellectual property and any other proprietary or property rights, such as copyright, trademark and patent rights. You represent and warrant that you have all the necessary rights and licenses to use the User Content and to permit use of the User Content by TEA and other users. TEA does not claim ownership of any User Content you may submit or make available for inclusion on the Site. Accordingly, subject to the license granted to TEA below, you will be the sole and exclusive owner of any and all rights, title and interest in and to the User Content.

By posting or transmitting any User Content on or through the Site, you agree that such User Content shall be released under and governed by a Creative Commons Attribution International 4.0 License (CC BY 4.0), including your name, voice, and/or likeness as contained in your User Content.

PROPRIETARY RIGHTS IN SITE CONTENT; LIMITED LICENSE

Unless otherwise indicated, all content on the Site, including designs, text, graphics, pictures, video, information, applications, software, music and video recordings, and their selection and arrangement (“Site Content”), is the property of TEA or its licensors with all rights reserved. In consideration of acceptance of these TOS, TEA grants you a personal, nontransferable license to access and use the Site and any Site Content. Registered users may download Site Content from the Site only for such user's own personal, noncommercial use or as otherwise permitted by applicable law (such as fair use). Some content in the Site may be provided by third parties, and the use of that content may be subject to rules and restrictions as indicated on such materials, including applicable licenses (such as Creative Commons licenses). You agree to be bound by all such rules, restrictions, and any applicable licenses for content provided by third parties.

TRADEMARKS

The “Texas Gateway for Online Resources” name and logo are trademarks (“Trademarks”) of the TEA. You may not use any of these Trademarks, or any variations thereof, without the owner’s prior written consent. You may not use any of these Trademarks, or any variations thereof, for promotional purposes, or in any way that deliberately or inadvertently claims, suggests or, in the TEA’s sole judgment, gives the appearance or impression of a relationship with or endorsement by them.

All Trademarks not owned by TEA or other institutions providing content on the Site (collectively, the “Institutions”) that appear on the Site or on or through the services made available on or through the Site, if any, are the property of their respective owners.

Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of the owner of the applicable Trademark.

DISCLAIMERS OF WARRANTY/LIMITATIONS OF LIABILITIES

THE SITE AND ANY INFORMATION, CONTENT OR SERVICES MADE AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND (EXPRESS, IMPLIED OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, EXCEPT INSOFAR AS ANY SUCH IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW.

TEA AND THE PARTICIPANTS (AS HEREINAFTER DEFINED) DO NOT WARRANT THAT THE SITE WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE CONTENT PROVIDED WILL MEET YOUR NEEDS OR EXPECTATIONS. TEA AND THE PARTICIPANTS ALSO MAKE NO WARRANTY ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, OR QUALITY OF THE SITE OR ANY CONTENT, OR THAT ANY PARTICULAR CONTENT WILL CONTINUE TO BE MADE AVAILABLE. “PARTICIPANTS” MEANS THE INSTITUTIONS, THE ENTITIES PROVIDING INFORMATION, CONTENT OR SERVICES FOR THE SITE AND THEIR STAFFS.

USE OF THE SITE, AND THE CONTENT AND SERVICES OBTAINED FROM OR THROUGH THE SITE, IS AT YOUR OWN RISK. YOUR ACCESS TO OR DOWNLOAD OF INFORMATION, MATERIALS OR DATA THROUGH THE SITE OR ANY REFERENCE SITES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA, UNLESS OTHERWISE EXPRESSLY PROVIDED FOR IN THE PRIVACY POLICY.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT NEITHER TEG, TEA NOR ANY OF THE PARTICIPANTS WILL BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, OR YOUR (OR ANY THIRD PARTY'S) USE OF OR INABILITY TO USE THE SITE, OR YOUR PLACEMENT OF CONTENT ON THE SITE, OR YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE SITE, WHETHER YOUR CLAIM IS BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW.

IN PARTICULAR, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER TEG, TEA NOR ANY OF THE PARTICIPANTS WILL HAVE ANY LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE AND WHETHER OR NOT TEG OR ANY OF THE PARTICIPANTS HAS BEEN NEGLIGENT OR OTHERWISE AT FAULT (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF PROFITS, LOSS OF DATA OR INTERRUPTION IN AVAILABILITY OF DATA).

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Links to Other Sites. The Site may include hyperlinks to sites maintained or controlled by others. TEG, TEA and the Participants are not responsible for and do not routinely screen, approve, review or endorse the contents of or use of any of the products or services that may be offered at these sites. If you decide to access linked third-party websites, you do so at your own risk.

INDEMNIFICATION

You agree to indemnify and hold TEG and TEA harmless from any claims, losses, or damages, including legal fees, resulting from your violation of these TOS and your use of the Site or your placement of any User Content onto the Site, and to fully cooperate in TEG's defense against any such claims.

MISCELLANEOUS

Modifications and Cancellations. TEA reserves the right, for any reason, in its sole discretion and without notice, to terminate, change, suspend or discontinue any aspect of the Site, and TEA will not be liable to you or to any third party for doing so. TEA may also impose rules and limits on the use of the Site, or restrict your access to part, or the entire, Site without notice or penalty. TEA also reserves the right to cancel, discontinue, or modify any content for any reason. The Site may contain errors and omissions relating to description and availability. TEA reserves the right to correct errors or omissions without prior notice.

Termination Rights. You agree that TEA, for any reason, in its sole discretion, may terminate your use of the Site, at any time and that TEA shall not have any liability to you for the termination. If you no longer desire to participate in the Site, you may terminate your participation at any time.

Choice of Law/Forum Selection. You agree that any dispute arising out of or relating to these TOS or any content posted to the Site, whether based in contract, tort, statutory or other law, will be governed by the laws of the state of Texas, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving the state of Texas as the legal forum for any such dispute.

General. These TOS and the Privacy Policy together constitute the entire agreement between you, the TEA and TEG and with respect to the subject matter herein and supersedes any and all prior or contemporaneous oral or written agreements. These TOS, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by TEG and/or TEA without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. The failure of any party to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. If any provision of these TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.