Terms of Use

TEXAS BEEF COUNCIL TERMS OF USE

Welcome to the Terms of Use for the Texas Beef Council Sites.

1. DESCRIPTION OF SITES AND SERVICES.

Texas Beef Council, a Texas non-profit corporation and its affiliates (“TBC”) provide information, programs, news, financial information, newsletters and various other services (the “Services”) through our Web Sites located at beeflovingtexans.com and texasbeefcheckoff.com (including all subdomains and mobile applications, collectively, the “Sites”). The content and media on the Sites include, but are not limited to, documents, reports, presentations, data, information, newsletters and videos on the Sites (the “Content”). Our Sites are intended primarily for informational purposes. Use of the Services and the Sites, including any updates, enhancements, new features, and/or the addition of any new links, is subject to these Terms of Use (the “Terms of Use”).

TBC may discontinue, modify or suspend any aspect of the Sites without prior notice of any kind. TBC may impose limits on use of the Sites, or suspend or discontinue access to all or part of the Sites without prior notice of any kind. Please check these Terms of Use every time you visit to view any changes.

2. ACCEPTANCE OF TERMS.

You agree that your use of the Services and the Sites is subject to the terms in these Terms of Use. The terms “user” and “you” refer to any person who accesses the Sites and uses the Services. You are authorized to use the Services and the Sites only if you agree to abide by all applicable laws and to these Terms of Use. Please read these Terms of Use carefully. If you do not agree to the terms of these Terms of Use, please immediately cease using the Services and the Sites.

TBC reserves the right to, at any time, add to, change, update or modify these Terms of Use simply by posting such change, update or modification on the Sites and updating the “Last Modified” date at the bottom of this page. Any such change, update or modification will be effective immediately upon availability on the Sites. You agree that your continued use of the Services and the Sites shall constitute your acceptance of such revised Terms of Use. Since these Terms of Use may change from time to time, it is important that you regularly review the Terms of Use to ensure that you are updated as to any changes.

These Terms of Use, and any posted revisions to these terms, shall remain in full force and effect while you use the Services and the Sites.

3. LICENSE GRANT AND USE RESTRICTIONS.

Except as otherwise provided on the Sites, all rights, title, and interest (including all copyrights, trademarks, and other intellectual property rights) in the Sites belong to TBC or another party that has licensed their material to TBC. Except as expressly provided above, nothing on the Sites shall be construed as conferring any license or right under copyright, trademark, or other intellectual property rights. Subject to these Terms of Use, TBC grants to you a limited, non-transferable, non-exclusive and revocable right to access and make personal use of the Sites and the materials and information contained on the Sites for internal business purposes only. Except as stated herein, none of the material or information on the Sites may be modified, altered, copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of TBC or the copyright owner.

TBC owns and will own the Services and the Sites and will have the sole and exclusive right, title and ownership in and to (a) the Sites and any and all Services (which includes, without limitation, all data and information that is produced, created or otherwise emanates from the Services, collectively referred to herein as the “Services Outputs”), (b) all intellectual property associated with and/or relating to the Sites, the Services and the Services Outputs, (c) all intellectual property developed pursuant to these Terms of Use, and (d) all intellectual property rights relating to any of the foregoing (other than your trademarks and services marks). Notwithstanding the foregoing, TBC acknowledges and agrees that you own all of your data and other information that you input into the Sites.

Subject to these Terms of Use, you may download or print one (1) single copy of any portion of the materials on the Sites for your own personal, non-commercial internal business use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. Any unauthorized use of any material contained on the Sites may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

4. PRIVACY AND PROTECTION OF PERSONALLY IDENTIFIABLE INFORMATION.

See our Privacy Policy (https://www.texasbeefcheckoff.com/privacy-policy) relating to the collection and use of your personally identifiable information. For purposes of the Privacy Policy, the term “Personally Identifiable Information” refers to any information that identifies or can be used to identify, contact, or locate the person to whom such information pertains.

5. CONTENT ON THE SITES.

5.1. Content on the Sites. You are not permitted to use any Content or to reproduce the Content in any manner except as set forth in these Terms of Use.
5.2. Monitoring of Content. TBC and its agents and designees reserve the right to monitor, restrict access to, edit, modify or remove any Content on the Sites. TBC reserves the right at all times to disclose any information TBC deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, modify, refuse to post or to remove any information or materials, in whole or in part, in TBC’s sole discretion. THESE RIGHTS WILL NOT BE CONSTRUED TO CREATE ANY LIABILITY TO TBC IN CONNECTION WITH ANY CONTENT.
5.3. Limitations. Materials uploaded to the Sites may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

6. DISCLAIMERS AND LIMITATIONS OF LIABILITY.

The Sites may contain links to third party websites. When you access third party websites, you do so at your own risk. Third party links published or posted by users or sponsors do not constitute or imply an approval or endorsement by TBC of any information, materials, documents, services or products available on third party websites.

TBC makes no representations about the suitability or accuracy of information, documents, materials, services or products published, posted or made available as part of the content, services or products offered by users for any purpose. ALL SUCH INFORMATION, MATERIALS, CONTENT, SERVICES AND PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND BY TBC OR ANY THIRD PARTY. IN NO EVENT WILL WE BE LIABLE FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON THE SERVICES, OR FOR ANY CONSEQUENTIAL, SPECIAL, OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TBC DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO INFORMATION, MATERIALS, CONTENT, SERVICES AND PRODUCTS, WHETHER PROVIDED BY TBC, ITS AFFILIATED ENTITIES OR THIRD PARTIES, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY. IN NO EVENT SHALL TBC BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER BASED IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON THE SITES OR BY THIRD PARTIES, OR FAILURE TO PROVIDE PRODUCTS OR SERVICES BY TBC OR THIRD PARTIES, WHETHER OR NOT TBC KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES.

TBC DOES NOT WARRANT THAT THE SITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE FUNCTIONING OF THE SITES WILL BE UNINTERRUPTED OR FREE OF ERRORS. TBC ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER’S CONTENT OR ELECTRONIC DEVICE. TBC IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, MOBILE EQUIPMENT OR SOFTWARE. UNDER NO CIRCUMSTANCES SHALL TBC BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SITES, FROM ANY USER CONTENT POSTED ON OR THROUGH THE SITES, OR FROM THE CONDUCT OF ANY USERS OF THE SITES, WHETHER ONLINE OR OFFLINE.

IN ANY CASE, TBC’S TOTAL, CUMULATIVE LIABILITY UNDER THESE TERMS OF USE SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100.00). THIS LIMITATION WILL APPLY, REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE AND REGARDLESS OF WHETHER A CLAIM OR ACTION SOUNDS IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, CONTRIBUTION, INDEMNITY OR ANY OTHER LEGAL THEORY.

PLEASE NOTE THAT SOME OF THESE LIMITATIONS ON LIABILITY MAY NOT BE ENFORCEABLE IN SOME STATES, AND IF SO, THEY ARE NOT APPLICABLE TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

YOU HEREBY AGREE TO RELEASE TBC, ITS AFFILIATES AND AGENTS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (“CLAIMS”), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: “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.” YOU ACKNOWLEDGE AND AGREE THAT TBC WOULD NOT HAVE POSTED THESE SITES BUT FOR THESE DISCLAIMERS OF LIABILITY AND AGREE THAT THE TERMS ARE REASONABLE.

7. NO UNLAWFUL OR PROHIBITED USE.

As a condition of your use of the Sites and the Services, you will not use the Sites or Services for any purpose that is unlawful or prohibited by these Terms of Use. You represent and warrant that you are providing true and accurate information in connection with your registration on the Sites and that you are at least eighteen (18) years old. TBC reserves the right to investigate and take appropriate legal or other action against any users who violate this provision (as determined in TBC’s sole discretion), including, without limitation, removing, editing or modifying any offending Content, or denying, restricting, or suspending or terminating your access to all or any part of the Sites, with or without prior notice or explanation, and without liability to TBC. TBC has no obligation to take any of the above-referenced actions, and is not responsible for the conduct of any users who violate this provision.

You will not:

7.1. Use the Sites or Services for any unlawful purpose.
7.2. Use the Sites or the Services in any manner that could damage, disable, overburden, or impair any of the servers connected to any of the Sites’ servers, or interfere with any other party’s use and enjoyment of the Sites.
7.3. Attempt to gain unauthorized access to any part of the Sites, other accounts, computer systems or networks connected to any Sites server, through hacking, password mining or any other means.
7.4. Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Sites.
7.5. Use the Sites in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative, exploitive or unsolicited messages (commercial or otherwise).
7.6. Advertise products of any kind that you or someone else manufacturers, supplies, distributes. This includes not publishing, posting, uploading, discussing, mentioning or listing the telephone numbers, addresses, facsimile numbers, e-mail addresses, domain names or Web links of your manufacturing, supply, retail, or wholesale business or any other business of this type.
7.7. Publish, post, upload, link to, discuss, disseminate, mention, or list your own personal contact information if it is for the purpose of advertising, distributing or selling products or Services that you or someone else manufactures, supplies, distributes or sells.
7.8. Publish, post, upload, link to, discuss, disseminate, mention or list names, telephone numbers, addresses, e-mail addresses, facsimile numbers, domain names or websites of any other users.
7.9. Defame, abuse, harass, stalk, threaten, offend, provoke, name call, or otherwise violate the legal rights (including the rights of privacy and publicity) of others.
7.10. Publish, post, upload, disseminate, use or make comments that are of an abusive, violent, inappropriate, vulgar, profane, defamatory, obscene, indecent, sexually explicit, pornographic, or otherwise objectionable or unlawful nature.
7.11. Publish, post, discuss, upload, disseminate or mention illegal activities of any kind, including, without limitation, references to illegal drug use, terrorist activities, making or buying illegal weapons, violating someone else’s privacy or child pornography.
7.12. Publish, post, upload, disseminate, post Web links to or otherwise make available any content that is obscene, lewd, violent, sexually explicit, pornographic or otherwise objectionable or illegal.
7.13. Publish, post, upload, use or otherwise make available, pass off as your own, or solicit for exchange, sale or purchase, any content protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
7.14. Post, upload, disseminate, link to, use, modify, copy, reproduce, republish, transmit or otherwise make available any content, which is made available through the Sites in any manner that infringes any copyright, trademark, patent, trade secret, or other personal or proprietary right of any party.
7.15. Publish, post, upload, disseminate, use, link to or otherwise make available any image, photograph or picture of any other person or User without that person’s or User’s consent.
7.16. Upload files to the Sites that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
7.17. Use the Sites or the Services in any manner that is inconsistent with or violates any applicable laws or regulations.
7.18. Register or use the Sites or the Services if you are under the age of 18.

8. FEEDBACK.

TBC welcomes your comments and feedback about the Services and the Sites. You agree that, by sharing such feedback with TBC, you grant to TBC a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into the Services or Sites any suggestions, enhancement requests, recommendations, corrections, or other feedback you provide relating to the Sites or Services.

Note that TBC does not accept or consider unsolicited submissions concerning its business or operations, including, but not limited to, original ideas for new advertising campaigns, promotions, products, services, technologies, processes, materials, marketing plans or new product/services names. Please do not send TBC such submissions. The purpose of this policy is to avoid potential misunderstandings or disputes when TBC’s Services, products or marketing strategies appear similar to ideas submitted to TBC. All such submissions to TBC are considered the property of TBC. TBC does not have an obligation to protect the confidentiality of any such submission. TBC will exclusively own all known or later-existing rights to such submission worldwide, and will be entitled to the unrestricted use of any such submission for any purpose, without compensation to you or any third party provider of such submission.

9. COPYRIGHT COMPLAINTS.

Materials may be made available on the Sites by third parties not within TBC’s control. TBC respects the intellectual property rights of others, and TBC asks the users of the Sites to do the same. It is TBC’s policy not to permit materials known by TBC to infringe another party’s copyright to remain on the Sites. If you believe that your work has been copied and is accessible on the Sites in a way that constitutes copyright infringement, or that the Sites contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify TBC by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512) to our copyright agent set forth below:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online Sites are covered by a single notification, a representative list of such works at that Sites;
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 TBC to locate the material;
Information reasonably sufficient to permit TBC to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has 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
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Copyright Agent:

Texas Beef Council

8708 Ranch Rd. 620 N

Austin, Texas 78726

Attn: Molly McAdams, EVP

10. INTELLECTUAL PROPERTY OF TBC.

The Sites contains content protected by copyright, trademark, and other law, and TBC owns and retains all rights in this content.

11. COPYRIGHT NOTICE.

12. TRADEMARKS.

Beef Loving Texas (BLT) is a trademark of Texas Beef Council.

13. JURISDICTION AND DISPUTES.

These Terms of Use is governed by the laws of the State of Texas, without regard to its conflicts of law provisions, the state and federal courts of which have sole and exclusive jurisdiction to resolve any actions or claims arising out of or in connection with your use of the Sites, your breach of these Terms of Use and/or arising from any breach of your representations and warranties set forth in these Terms of Use. You submit to the exclusive jurisdiction of such courts located in Travis County, Texas for such purpose, and agree not to contest venue as appropriate in Texas. THE PARTIES WAIVE THE RIGHT TO TRIAL BY JURY.

14. INDEMNITY.

You agree to indemnify, defend, and hold harmless TBC and its affiliates, subsidiaries, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorneys’ costs and fees, brought by a third party arising out of or related in any way to your use of the Sites, violation of these Terms of Use, violation of any law or regulation, or violation of any proprietary or privacy right.

15. MISCELLANEOUS.

These Terms of Use are accepted upon your use of the Sites. These Terms of Use and the Privacy Policy constitute the entire agreement of the parties with respect to your use of the Sites. These Terms of Use may be modified by TBC at any time without prior notice, and by you only with the prior written consent of TBC in each instance. Any claim with respect to your use of the Sites must be brought within one (1) year of the date that the claim arises. If any provision of these Terms of Use is held unenforceable, the remaining provisions will be enforced to the maximum extent possible. No waiver by TBC of any rights under these Terms of Use constitutes a waiver of any other right, or right to enforce any subsequent breach of these Terms of Use. In the event TBC is forced to enforce its rights against you, in addition to any other remedies, you agree to pay TBC’s reasonable costs, including attorneys’ fees and costs of suit.

Last Modified: August 1, 2024