This is a community bulletin board that is maintained by the Texas Commission on Fire Protection (“TCFP”) for the benefit of Texas Fire Service organizations. By using this Seminar/Training Event (“Events”) community bulletin board, you agree to these Terms (“Terms”). This is a binding legal contract between you and TCFP, and you should read it carefully before using the Events.
To use the Events, you must be at least eighteen (18) years of age. If you are using the Events to submit a posting for a seminar or a training event, you are an “Event Poster” and should pay special attention to the Terms Specific to Event Poster. If you are using the Events to search, view and/or register for a seminar or a training event, you are an “Event Seeker” and should pay special attention to the Terms Specific to Event Seekers. The General Terms are applicable to both Event Posters and Event Seekers.
Authority. If you are submitting an Event Post on behalf of an academy, business, organization, agency, institution, or other entity (“Provider”), then you are agreeing to these Terms on the Provider’s behalf and represent and warrant that you are an authorized representative of the Provider with the authority to bind the Provider under this contract. Throughout these Terms, the word “you” refers to both you personally and the Provider.
Contents of Event Posts. You are solely responsible and liable for the contents of your Event Post. TCFP does not endorse any of the Seminar/Training Events listed on this Events, nor is TCFP responsible for the information provided in PDFs or links to outside websites. Please contact the Providers of the Events with questions or to get more information or assistance.
You may only submit Event Posts that represent real and current seminars or training events. Your Event Post must comply with all applicable local, state and federal laws, rules and regulations. You warrant that your Event Post, and any other information that you provide to TCFP in connection with your Event Post, is legal, complete, legitimate, truthful, accurate, non-infringing and not misleading. TCFP disclaims all liability for the contents of your Event Posts.
Publishing an Event Post. TCFP reserves the right to reject or to remove any Event Post in its sole discretion and without notice. TCFP reserves the right to make non-material edits to your Event Post, such as fixing typos or misspellings, without prior notice to or consent from you. TCFP’s acceptance and publishing of an Event Post does not represent any guarantee or warranty that the Event Post is non-infringing, in compliance with applicable laws, rules or regulations, or otherwise compliant with these Terms.
Rights and Licenses. By submitting an Event Post, you expressly grant to TCFP a royalty-free, perpetual, transferable, sublicensable (through multiple layers of sublicensees), non-exclusive, worldwide license to use, reproduce, adapt, translate, sublicense, and publicly display your Event Post on the Events. This license extends to all contents of the Event Post, including any logo, trademark, trade name, service mark or service name (“Marks”) included in, or provided for use in connection with, your Event Post. In addition, by submitting an Event Post, you consent to the inclusion of your Provider’s name and/or Marks in a list of current and previous users of the Seminar/Training Events service which may be posted on TCFP’s digital properties or used in other marketing materials. You can revoke this consent at any time by sending an email notice to info@tcfp.texas.gov, and we will use commercially reasonable efforts to remove your name and/or Marks from our publicly-posted lists soon as practicable following receipt of such notice. You represent and warrant that you have the rights, power and authority necessary to grant the rights described above and that our use of your Event Post and Marks will not violate any law or infringe the rights of any third party, including but not limited to rights of privacy, publicity or intellectual property.
Violations and Removals. You acknowledge and agree that TCFP may, with no liability or penalty, remove any Event Posts which it determines, in its sole discretion: (a) violates these Terms; (b) is false, inaccurate, misleading, deceptive, fraudulent, libelous, defamatory, immoral, offensive, obscene, pornographic, disruptive, threatening, abusive or in violation of any applicable law, rule or regulation; or (c) may violate or lead to the violation of the rights of, or harms or threatens the safety and privacy of any third party. Additionally, TCFP may refuse to accept and publish future Event Posts if any of your previous Event Posts were removed for any of the foregoing reasons.
Event Poster Disclaimers. TCFP does not make any guarantees regarding the number of views, clicks, shares or other Event Seeker interactions that your Event Post may receive. TCFP does not guarantee that your Event Post will generate any specific number of applicants or registrants, or that the applicants or registrants it does generate will be suitable for the Event posted. You understand and agree that TCFP does not, and cannot, confirm the identity or qualifications of the Event Seekers that may access or respond to your Event Posts. You are solely responsible and liable for your interactions with Event Seekers whom you may encounter by virtue of your Event Posts, and you assume all risks for such interactions.
Event Seeker Disclaimer. TCFP does not have control over the quality, accuracy, completeness, veracity or legality of Event Posts. You understand and agree that TCFP has no responsibility and assumes no liability for any Event Post posted on the Events or for the actions of any Event Poster. If you are concerned about the legitimacy, legality or safety of any Event Post you find on the Events, you should send an email to info@tcfp.texas.gov. Please note that TCFP is not required to take down any Event Post even if notified of a potential concern, and that any failure or refusal to remove such Event Post will not create any duty of care or any liability on the part of TCFP.
Assumption of Risk and Responsibility. You are solely responsible for your interactions with the Event Poster whom you may encounter by using the Events. Please note that there are risks that may arise when dealing with strangers online and in-person, including but not limited to the risk of identity theft or physical harm. You should therefore use caution regarding the information you elect to share as part of your seminar or training search. Remember, if the event sounds too good to be true, you need to be extra vigilant and conduct your own checks before responding to any communication or taking any action.
Texas Service. The Events webpage is controlled and operated by TCFP from within the State of Texas and is intended only for Event Posters and Event Seekers located in the State of Texas. TCFP makes no representations that the Events or the materials available via the Events, are appropriate or available for use in locations outside of the State of Texas or will comply with international laws, rules and regulations.
Disputes between Event Posters and Event Seekers. If you have any disputes with or claims against any Event Seeker or Event Poster, you agree to pursue any remedies directly with such party, and you forever release TCFP and its respective employees, directors and agents from all claims, demands and damages of every kind and under any legal theory arising in connection with such disputes.
Indemnification. You agree to defend, indemnify and hold harmless TCFP and its respective employees, directors and agents, from and against any and all claims, damages, obligations, losses, liabilities and costs (including but not limited to all legal fees and expenses) arising in connection with your use of and access to the Events, including but not limited to claims alleging: (i) your violation of these Terms or any of the representations and warranties herein; (ii) your violation of any third-party intellectual property rights; (iii) your violation of any applicable law, rule or regulation; and (iv) your interactions with Event Posters or Event Seekers.
Universal Disclaimers. THE EVENTS IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE EXPRESSLY DISCLAIM ANY WARRANTY THAT:(I) ANY CONTENT PROVIDED ON OR THROUGH THE EVENTS SITE IS ACCURATE, LEGALLY COMPLIANT, UP-TO-DATE, RELIABLE OR CORRECT; (II) THE EVENTS SITE WILL MEET YOUR REQUIREMENTS; (III) THE EVENTS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR WILL BE UNINTERRUPTED, ERROR FREE OR SECURE; (IV) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (V) THE EVENTS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY INTERACTION BETWEEN YOU AND ANOTHER EVENT SEEKER OR EVENT POSTER ON THE EVENTS SITE. ALL OF THE DISCLAIMERS IN THIS SECTION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Limitations of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TCFP AND ITS RESPECTIVE DIRECTORS, OFFICERS, BOARD MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS, BE LIABLE TO YOU OR ANY THIRD PARTY IN CONNECTION WITH THE EVENTS SERVICE, UNDER ANY THEORY OF LAW (INCLUDING CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE), FOR: (I) ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OR LOSSES, OR FOR LOST PROFITS, LOSS OF GOODWILL, LOST OPPORTUNITIES, LOST DATA, OR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, IN EACH CASE WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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