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TERMS OF USE AND USER GENERATED CONTENT

The SC User Forum (“Website”) includes areas where comments and discussion can be posted publicly, and which allow interaction among Users and between Users and Texas Treasury Safekeeping Trust Company (“Website Administrator”) (Website Administrator responsibilities may devolve to another User in the future). Information posted to the Website by Users is called "User Generated Content" or "UGC."  Website Administrator encourages legitimate Users to participate with the understanding they adhere to any rules posted by Website Administrator on the Website. You will retain ownership of the copyright in any of your UGC that you upload on the Website, so you are free to re-use it as you wish. You confirm that if you post UGC to the Website then you are granting Website Administrator, and other Users, a right (but not an obligation) unlimited in time to publish, re-use, archive, modify, delete, or use that UGC in whole or in part as Website Administrator sees fit, whether on the Website or otherwise, without any requirement to pay you for this and with or without attribution to you. You therefore grant Website Administrator and other Users a worldwide, nonexclusive, perpetual, irrevocable, royalty-free license to use any UGC you publish in whole or in part in any manner and for any purpose whatsoever and without further obligation to you. You are responsible for all the content of any of your UGC that you or Website Administrator publish. You are financially responsible to us for any claim against Website Administrator by any third party, including claims of trademark or copyright infringement, that your UGC is not in accordance with the rules given below or that otherwise relate to your UGC.

By registering as a User and participating in the comments and discussions on the Website, you undertake and agree that you will:

(a) Only publish UGC that is your original content and which does not infringe the copyright or other rights of any third party when publishing such UGC.

(b) Not post, link to or otherwise publish any UGC containing any form of advertising or promotion for goods and services or any spam or other form of unsolicited communication.

(c) Not post, link to or otherwise publish any UGC that is threatening, abusive, libelous, indecent or otherwise unlawful.

(d) Not disguise the origin of any UGC and not impersonate any person or entity (including Website Administrator) or misrepresent any connection with any person or entity.

(e) Not post or otherwise publish any UGC that is unrelated to the Website.

(f) Not post or transmit any UGC that contains software viruses, files or code designed to interrupt, destroy or limit the functionality of the Website or any computer software or equipment.

(g) Not collect or store other Users' personal data.

(h) Not restrict or prevent any other User from using the Website.

The Website will contain UGC over whom Website Administrator have no control.  Website Administrator cannot guarantee the accuracy, integrity, or quality of any UGC. User must be aware that other Users may not participate in posting UGC in a reasonable way and may post UGC that is misleading, untrue, or offensive. You should understand that Website Administrator cannot fully monitor all UGC published on the Website but where Website Administrator has actually received written notice of any UGC that is potentially misleading, untrue, offensive, unlawful, infringes third party rights, or is potentially in breach of these Terms of Use, then Website Administrator will review that UGC, decide whether to remove it from the Website and act accordingly. If you believe that any UGC published on the Website infringes any legal rights that you or others may have or is not allowed under these Terms of Use, please notify Website Administrator with specific details by contacting:

Texas Treasury Safekeeping Trust Company

208 E. 10th Street, 4th Floor

Austin, Texas 78701

Attention: Legal Department

Telephone: (512) 463-2834

Email: legal@ttstc.texas.gov

 

Not intended to provide professional advice

Information or commentary provided on the Website is not intended to provide investment, financial, accounting, legal, tax, information technology, or other professional advice and should not be relied upon or regarded as a substitute for such advice. Nothing contained on the Website constitutes a solicitation, recommendation, endorsement, or offer to buy or sell any product or perform any service. It is recommended that you seek advice from a qualified professional advisor or product owner before acting on any information or other content appearing on the Website or any website to which it may be linked.

 

Copyright & trademark disclaimer

This Website, and all of the content it contains, or may in the future contain, including but not limited to text, content, photographs, video, audio and graphics, goods, designs, information, applications, software, music, audio files, articles, directories, guides, photographs as well as the trademarks, service marks, trade names, trade dress, copyrights, logos, domain names, code, patents and/or any other form of intellectual property that relates to the Website, may be owned by other Users and is protected from any unauthorized use, copying and dissemination by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained on the Website. You agree to protect the proprietary rights of Users and all others having rights in the content on the Website and to comply with all reasonable written requests made by Website Administrator and/or Users to protect their contractual, statutory, and common law rights to copyrighted or trademarked material found on the Website. You agree to notify Website Administrator in writing promptly upon becoming aware of any claim that the Website or its contents infringes upon any copyright, trademark, or other contractual, statutory, or common law rights. Except as specifically permitted by the Terms of Use, you may not copy or make any use of the Website content or any portion thereof.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas, in each case located in the City of Austin and County of Travis, although Website Administrator retains the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Texas Public Information Act

Current Website Administrator is a state of Texas governmental entity.  All content posted to the Website is subject to the Texas Public Information Act (Texas Government Code, Chapter 552) and potential disclosure thereunder.

Link Disclaimer

Some UGC may contain links to other websites. The Website does not incorporate any materials appearing in such linked websites by reference. These links to third party websites or information are not intended as, and should not be interpreted by you as, constituting or implying our endorsement, sponsorship, or recommendation of the third-party information, products, or services found there. Website Administrator does not maintain or control these websites and accordingly make no guarantee concerning the accuracy, reliability, or currency of the information found there.

Reliance on Information

The information presented on or through the Website is made available solely for general information purposes. Website Administrator does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. Website Administrator disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website includes UGC, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Website Administrator, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Website Administrator. Website Administrator is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Disclaimer of Warranty

You understand that Website Administrator cannot and does not guarantee or warrant that the Website or UGC will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WEBSITE ADMINISTRATOR WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE WEBSITE ADMINISTRATOR NOR ANY PERSON ASSOCIATED WITH THE WEBSITE ADMINISTRATOR MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE WEBSITE ADMINISTRATOR NOR ANYONE ASSOCIATED WITH THE WEBSITE ADMINISTRATOR REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE WEBSITE ADMINISTRATOR HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE WEBSITE ADMINISTRATOR, OR ITS  SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

Severability

If any provision of these Terms of Use is found to be invalid or unenforceable, then that term shall be enforced to the maximum extent possible, and all other provisions of the Terms of Use will remain in force.

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