1. Applicability and Additional Provisions
Use of the ATPE Idea Exchange user forum section of the Site is governed by these Terms and the Forum Rules. The submission of inquiries or requests to ATPE Member Legal Services through the Site is subject to the additional terms set forth in the Member Legal Services Intake System (“MLSIS”) section of the Site.
2. Member Access; Volunteer Access
ATPE members who are provided with a Login ID may select a password and are permitted access to restricted sections of the Site. These sections of the Site provide information available only to members, including information about discounts or special offers extended to ATPE members by third-party providers of goods and services.
ATPE members who serve as volunteers (including regional and local unit officers and campus representatives) may be given access to additional sections of the Site, which contain leadership and other volunteer tools as well as membership-related information (such as contact information and status of members by locality or region). All information obtained from the Site concerning ATPE’s members must be handled in a secure manner and used only in connection with ATPE activities and initiatives or for other legitimate ATPE purposes.
3. ATPE Idea Exchange User Forum
If you register on the ATPE Idea Exchange or another user forum on this Site using the login information from your Facebook or other social media account, we will use such login information to access and collect the information that the social media site permits us to access so that we can register you for user forum participation on this Site and so that you can more easily connect to your family and friends. You should review your registration information on this Site even if you use a social media account to sign up, so that you will be aware of and can ensure the accuracy of that registration information.
4. Registration Information and Access Credentials. Members and registered forum participants must ensure that all member account information and forum registration information (including primary e‑mail address) remains current and accurate. All Login IDs, Usernames, and passwords shall be treated as strictly confidential and for use only by the registrant. You are responsible for any activity on the Site that is accomplished through the use of your Login ID and/or forum Username and associated password(s). Please request a change of password immediately if you become aware of any security compromise concerning your password.
5. Use of Site
The Site offers information and services to members and other website users, including professional development webinars, legislation updates, a user forum, and other resources and tools. The Site is for personal use only. You agree that you will not use the Site to:
post, upload, or create content that is or may be deemed abusive, defamatory, deceptive or misleading, hateful, obscene, prejudiced, threatening, vulgar, or otherwise objectionable;
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 contains copyrighted material without the right to do so;
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;
post, upload, or create any content that infringes upon or constitutes a misappropriation of any copyright, trademark, patent, trade secret, other intellectual property right; or
harm or harass any individual.
In addition, you agree that you will not:
attempt to modify or alter the Site;
attempt to use the Site other than for its intended purposes;
attempt (including through the use 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 ATPE’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 any content from the Site in any manner (including 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.
You acknowledge that ATPE may establish other limits concerning use of the Site.
Unauthorized access to and/or improper use of the Site (including its contents) is strictly prohibited and may give rise to legal remedies.
6. Use and Disclosure of User Content
Content or material posted by users on the ATPE Idea Exchange or any other user forum on the Site (“User Content”) is not pre-screened by ATPE, but ATPE shall have the right in its sole discretion to reject or remove any User Content. You also agree that ATPE may identify the name or Username of the author of a post to a user forum when ATPE deems it appropriate to do so.
You grant ATPE 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, all User Content you post, upload to, or create using the Site; provided that ATPE shall only exercise such license rights in connection with operating or enhancing the operation of the Site.
You acknowledge and agree that ATPE may preserve User Content and associated forum registration information (for example in response to a legal request), but that ATPE is not obligated under these Terms to do so. Furthermore, ATPE may disclose User Content, forum registration information, member account information and/or Site activity details if ATPE believes that disclosure is necessary or appropriate (i) to enforce these Terms or to respond to claims that User Content violates the rights of third parties; (ii) to protect the rights, physical or electronic assets, systems, security, or personal safety of ATPE, its members, Site users, or other persons or entities; or (iii) to comply with a court order, subpoena, or other legal process.
7. Intellectual Property
All intellectual property rights, including copyrights, trademarks, and logos, in and to the Site and its contents are held by ATPE and/or its licensors. All copyrights and other rights of ATPE and ATPE’s licensors in and to the Site and its content are expressly reserved. Without limiting the foregoing, images, text, webinars and other audio-visual materials, and all other information posted or found on the Site may not be used, reproduced, or published for any purpose, commercial or otherwise, other than as permitted under these Terms or under the rules and terms set forth on the Site.
ATPE is the trademark owner of various marks used on the Site, including but not limited to ATPE, the Association of Texas Professional Educators, the ATPE Idea Exchange and Your Ally, Your Voice. Use of ATPE’s trademarks (other than in connection with approved volunteer activities on behalf of ATPE), including to imply ATPE’s endorsement or sponsorship, is strictly prohibited absent ATPE’s advance written permission.
8. Modifications, Suspension, or Discontinuation. ATPE 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. ATPE also may remove and discard any User Content that you post, upload, or create using the Site, for any reason. Without limiting the foregoing, you agree that ATPE, in its sole discretion, may terminate your access to the Site if ATPE 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 User Content may be effected without prior notice. You understand and agree that ATPE shall not be liable to you or to any other person for any modification, suspension, or discontinuance of the Site or any User Content, or for any termination of your ability to access the Site or any User Content.
9. Advertisers, Links, and Other Websites. Your communication and interaction with advertisers on the Site or with operators of other websites accessible via links on the Site are between you and the advertiser or between you and the operator of such other website. You acknowledge and agree that ATPE has no control over any third-party websites, even if those websites are accessible via links from the Site, and ATPE is not responsible for the availability, content, or information collection and use practices of such external websites or resources. ATPE encourages you to use caution and exercise good judgment when providing information to, transacting business with, or using the services of any third‑party website.
ATPE shall have no obligation to correct any bugs, defects or errors in, or to support, maintain, improve, modify, upgrade, update, or enhance the Site. ATPE will not be liable to you or any third party for any damages or other adverse consequences arising as a result of the inaccuracy or incompleteness or any deficiency or other characteristic of the Site or any User Content. Moreover, although ATPE will endeavor to offer near-continuous access to the Site and User Content, such access is neither certain nor guaranteed, and ATPE shall not be liable for any damages or other adverse consequences arising as a result of the unavailability of the Site or any User Content for any period of time.
THE SITE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. ATPE DOES NOT MAKE ANY WARRANTY REGARDING THE ACCURACY OR COMPLETENESS OF THE SITE OR THAT THE SITE IS ERROR-FREE, CURRENT, COMPLETE, WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE CONTINUOUSLY OR AT ANY PARTICULAR TIME, OR IS COMPATIBLE WITH ANY PARTICULAR DEVICE, SOFTWARE, OR PLATFORM. YOUR USE OF THE SITE AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DEVICE OR LOSS OF USER CONTENT OR OTHER DATA THAT RESULTS FROM SUCH USE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ATPE DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM ATPE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
11. Limitations of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW: (A) ATPE AND ITS OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES, AND EMPLOYEES, 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 USER CONTENT, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF 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 ATPE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES), AND (B) THE MAXIMUM AGGREGATE LIABILITY OF ATPE AND ITS OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES, AND EMPLOYEES ARISING UNDER OR RELATING TO THESE TERMS, THE SITE, OR USER CONTENT SHALL BE TWENTY-FIVE UNITED STATES DOLLARS ($25.00). THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF ATPE AND ITS OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES, AND EMPLOYEES ARE NEGLIGENT IN WHOLE OR IN PART. FURTHERMORE, 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.
Nothing in these Terms is intended to exclude or limit any condition, warranty, right, or liability in a manner that is not permissible under applicable law. Some jurisdictions do not permit the exclusion of certain warranties or conditions, the exclusion of incidental or consequential damages, or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract, or breach of implied terms. Accordingly, only the above limitations which are lawful in your jurisdiction will apply to you, and ATPE’s liability will be limited to the maximum extent permitted by law.
12. Indemnity. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD ATPE AND ITS OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES, AND EMPLOYEES HARMLESS FROM ANY CLAIM, DEMAND, OR LOSS (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING FROM OR RELATED TO: (i) ANY VIOLATION OF THESE TERMS, OR (ii) USER CONTENT THAT YOU POST, UPLOAD, OR CREATE USING THE SITE, EVEN IF SUCH CLAIM, DEMAND, OR LOSS ARISES FROM THE NEGLIGENCE OF ATPE OR ITS OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES, OR EMPLOYEES.
13. DMCA Provisions
ATPE complies with the protections and notice and take-down provisions of the Digital Millennium Copyright Act (“DMCA”) with respect to User Content. If you are a copyright owner or an agent thereof and believe that any User Content 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 ATPE to locate the material;
information reasonably sufficient to permit ATPE 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 the ATPE’s designated copyright agent to receive notifications of claimed infringement:
Bret Messer, ATPE IT Director
Association of Texas Professional Educators
305 E. Huntland Drive, Suite 300
Austin, TX 78752-3792
14. Miscellaneous. These Terms shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. The failure of ATPE to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties agree that the court should try to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect