Website Terms of Use

Updated 2/24/2020

As a condition of initial and continuing participation in, and access to, the Texas Lavender Association website, TEXAS LAVENDER ASSOCIATION requires each Member to accept and adhere to the following Terms of Use.  In these Terms of Use, “Web-based Tools” means the Member Directory, Blog Posts, the Classifieds, and any other pages or communications tools that TEXAS LAVENDER ASSOCIATION adds to its website in the future.

Rules

  1. TEXAS LAVENDER ASSOCIATION has made the Web-based Tools available to Members to provide a forum for the exchange of information around the special interest topics relating to lavender.
  2. Members should exercise both common sense and courtesy in submitting comments, inquiries, or materials for posting on the TEXAS LAVENDER ASSOCIATION website (“Submissions”). Inappropriate Submissions would include, for example, comments or materials that:
    1. Make false or defamatory statements about others;
    2. Are obscene, vulgar, abusive, hateful or threatening;
    3. Harass or discriminate on the basis of race, religion, nationality, ethnicity, gender, sexual preference, or other factors; or
    4. Are invasive of the privacy rights of others (e.g., by including addresses, telephone numbers, or other personal information about third persons without their consent).

A Member who believes that a Submission is objectionable is encouraged to immediately notify the TEXAS LAVENDER ASSOCIATION Board of Directors at board@texaslavenderassociation.org.

  1. You are solely responsible for the content of your Submissions. You agree to not knowingly post content that violates copyright, trademark, patent, or other intellectual property rights of any person or entity, and you must remove your post should you discern that you have violated this provision. You cannot post content that is libelous, defamatory, abusive, that violates a person’s rights to privacy, or violates local, state, national or international law.
  2. Members must respect the security of the TEXAS LAVENDER ASSOCIATION website and may not attempt to gain access to areas private to TEXAS LAVENDER ASSOCIATION or other Members. You may not upload, post or transmit any material containing software viruses or any other computer code, files, or programs designed to interrupt or limit the functionality of the TEXAS LAVENDER ASSOCIATION’s website, computer software or hardware, or telecommunications equipment. You may not attempt to decompile, reverse engineer, modify, or hack the website or underlying software to defeat or overcome any encryption or digital rights management technology implemented by the TEXAS LAVENDER ASSOCIATION, or to harm, disable, overburden, misuse, or interfere with any other party’s use of the Web-based Tools or the TEXAS LAVENDER ASSOCIATION website, servers, networks, or systems.
  3. Members are prohibited from using the TEXAS LAVENDER ASSOCIATION website for illegal purposes or in any manner that violates the TEXAS LAVENDER ASSOCIATION bylaws, Website Terms of Use, or any other policies, procedures, rules, or regulations of TEXAS LAVENDER ASSOCIATION.
  4. Anonymous Submissions are neither necessary nor consistent with the professional level of dialogue expected. Therefore, the Member’s name must be posted with all Submissions.
  5. TEXAS LAVENDER ASSOCIATION shall deny access to the Web-based Tools to any Member who has not agreed to these Terms of Use and the Member Agreement. TEXAS LAVENDER ASSOCIATION reserves the right to terminate access to any Member who does not abide by these Terms of Use.

Intellectual Property Rights 

  1. Members may not post material or content that infringes any third-party’s rights. By posting material on the Web-based Tools, you warrant that, to the best of your knowledge, the material does not violate any copyright, proprietary or personal rights or others, and the material will otherwise comply with this Agreement.
  2. By posting on the Web-based Tools, you grant TEXAS LAVENDER ASSOCIATION a non-exclusive, perpetual, irrevocable, royalty-free license to reproduce, communicate, re-publish, edit, adapt, display, or otherwise use your postings as we see fit, including the right to sublicense or transfer to others at our discretion. You consent to your postings being altered, edited or adapted so we can use them under our license in any way we deem appropriate.  Once you have made a posting, you cannot withdraw or retract the license and consents.
  3. By posting on the Web-based Tools, you acknowledge that the material is not confidential and agree that other users of the may copy, use, transmit, modify, distribute, and display the content you post.

TEXAS LAVENDER ASSOCIATION’s Rights to Monitor and Administer the TEXAS LAVENDER ASSOCIATION Website and Web-based Tools 

TEXAS LAVENDER ASSOCIATION reserves the right to monitor and administer the TEXAS LAVENDER ASSOCIATION website and Web-based Tools and, at its sole discretion, to refuse to post any Submissions received or to remove Submissions that have been posted.  TEXAS LAVENDER ASSOCIATION also reserves the right to disallow the use of any particular screen name or e-mail address, or to terminate any Member’s posting privileges at any time.

Privacy Policy
Information that Members provide to TEXAS LAVENDER ASSOCIATION or that TEXAS LAVENDER ASSOCIATION collects about members through their access to and use of the Web-based Tools is subject to TEXAS LAVENDER ASSOCIATION’s Privacy Policy, the terms of which are incorporated by reference into these Terms of Use.

Limitation of Liability and Indemnification
Any views expressed on the Web-based Tools are those of the individual participants. They do not represent and should not be construed as representing the views of TEXAS LAVENDER ASSOCIATION.  TEXAS LAVENDER ASSOCIATION makes no warranty, guarantee, or representation as to the accuracy or sufficiency of the information posted to the Web-based Tools, whether posted by TEXAS LAVENDER ASSOCIATION or any third party, and TEXAS LAVENDER ASSOCIATION assumes no responsibility or liability regarding the use or misuse of such information for any purpose. The information, opinions, and recommendations presented within the Web-based Tools are not professional advice and are not intended to replace consultation with a qualified professional. Moreover, TEXAS LAVENDER ASSOCIATION makes no warranty that the website, Web-based Tools, or any computer, server, device, software, or other technology associated with them is free of viruses, worms, or other elements or codes that manifest contaminating or destructive properties. Unless specifically stated otherwise, TEXAS LAVENDER ASSOCIATION does not endorse, approve, recommend, or certify any information, product, process, service, or organization presented or mentioned on the Web-based Tools, and information from the Web-based Tools should not be referenced in any way to imply such approval or endorsement.

Nevertheless, TEXAS LAVENDER ASSOCIATION retains the right to monitor posted information and decline to post and/or remove messages or materials that it believes do not comply with these Terms of Use or are not in the best interests of TEXAS LAVENDER ASSOCIATION. The site and the content are provided “as is” and “as available.” TEXAS LAVENDER ASSOCIATION expressly disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Each Member having access to the Web-based Tools shall indemnify and hold TEXAS LAVENDER ASSOCIATION harmless from and against any and all liability, claims, damages, losses, costs, and expenses (including reasonable attorney’s fees) relating to his or her acts or omissions or to materials or information he or she transmits in connection with the use of the Web-based Tools.

Choice of Law
This Agreement shall be governed in all respects by the laws of the State of Texas.

Amendment
TEXAS LAVENDER ASSOCIATION reserves the right to modify these Terms of Use as TEXAS LAVENDER ASSOCIATION determines, from time-to-time, is in the best interests of TEXAS LAVENDER ASSOCIATION, provided all Members are notified prior to any such change. Notification is deemed sufficient if posted on the TEXAS LAVENDER ASSOCIATION website or sent by e-mail to Members. Your use of TEXAS LAVENDER ASSOCIATION services following such changes means that you accept the revised Terms of Use.