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Terms of Service

This Terms of Service Agreement (“Agreement”) constitutes a valid, binding contract between you and the owner and operator of www.tab.org, with respect to the use of this Web site (the “Site”). The services of TAB are provided subject to compliance with the terms of this Agreement. Your use of this Site signifies and constitutes your acceptance of this Agreement, as it may be amended from time to time. Please read this Agreement carefully as it forms a binding contract between you and TAB. Please print a copy of this agreement for your records.

TAB takes the issue of privacy on the Internet very seriously. To view our privacy policy, click here. Additionally, if products are made available for ordering through our Site, then you may also be subject to other applicable rules and policies.

If you have specific questions, a link to the applicable section of this Agreement is provided as follows for your convenience:

License and Site Access
Access and Interference
Personal Use of Contents
Use of Site
Content Not Endorsement
Editorial Content
Informational Content Only
User Submissions
Third Party Copyrights
Links to This Site
Links to Other Sites
Indemnification
Disclaimer of Warranties
Limitations and Exclusions of Liability
Release
Intellectual Property Rights
Unsolicited Idea Submission
Online Content
Digital Millennium Copyright Act
Communications Decency Act
Modification
Entire Agreement
Severability
Dispute Resolution
Governing Law and Venue
Electronic Communications
User Disputes
Termination
Contact Information

License and Site Access

TAB grants you a limited personal, revocable, non-transferable, and non-exclusive license to use the object code of the Site on a single computer and not to download (other than page caching) or modify it, or any portion of it. TAB reserves the right in its sole discretion to deny, reject or revoke your use of the Site. Except with express written consent of TAB, you shall not (and shall not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software for the Site. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any content or any derivative use of this Site or its contents. Neither the Site nor any portion of the Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of TAB. You may not use any meta tags or any other “hidden text” utilizing TAB’s name or trademarks without the express written consent of TAB. If you would like to link to our Site, please click here for applicable polices. Any unauthorized use or violation of this Agreement terminates the permission or license granted by TAB.

Access and Interference

Systematic retrieval of data from this Site to create or compile directly or indirectly, in whole or in part, a collection, compilation, database or directory without the express written permission of TAB is strictly prohibited. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein. You may not engage in the practices of “screen scraping,” “database scraping,” or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from this site, in any manner or in any quantities not authorized by TAB. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of TAB or its affiliates without prior express written consent. You may not use meta tags or any other “hidden text” utilizing TAB’s name or trademarks without the express written consent of TAB.

You agree that you will not use any device, software or routine to bypass any code which may be included to prevent you from breaching the obligations in this paragraph or to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our or our host’s infrastructure.

Personal Use of Contents

The content of the Site is for your personal, noncommercial use. Content copied, downloaded or printed must retain all the copyright, trademark and other proprietary notices. For commercial use of any portion of the contents you must secure the written consent of TAB.

Use of Site

Your use of the Site is at the sole discretion of TAB, which may deny you further use of the Site at any time, for any reason, with or without cause, regardless of your status as a member or associate member of TAB. Your use of the Site does not entitle you to continued use of the Site.

Your use of the Site must always comply with applicable law. In particular, but without limitation, you agree and represent not to use the Site to:

(a) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity;

(b) upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

(c) upload, post, e-mail or otherwise transmit any material for the purpose of conducting any deceptive trade practice, fraud, unfair competition, or anti-competitive activity;

(d) upload, post, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

(e) upload, post, e-mail or otherwise transmit any content that you do not have the right to publicize under law (such as inside trading information);

(f) upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, network, hardware or telecommunications equipment;

(g) upload, post, e-mail or otherwise transmit post chain letters or pyramid schemes; harvest or otherwise collect information about others (including email addresses) without their consent; or upload, post, e-mail or otherwise transmit the same information more than once or “spam” or any other form of solicitation;

(h) use automated scripts to collect information from or otherwise interact with the Site;

(i) violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; or

(j) provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.

Violating this Agreement may lead to you being immediately and permanently banned, with notification of your Internet Service Provider if deemed required by us. The IP addresses of all users of the Site may be recorded to aid in enforcing this Agreement.

Content Not Endorsement

We do not sponsor, endorse, recommend or approve of any legal, professional or other industry-related services or information discussed or offered on the Site. The content is provided here as a courtesy to visitors who are interested in broadcast-related information. Please see Disclaimer of Warranties for more information.

Editorial Content

The information on this Site is for educational purposes only. By publishing this information, TAB does NOT render legal, accounting, compliance or other professional advice. It is your own responsibility to seek qualified professional advice for any specific transaction from those licensed to render such advice.

Informational Content Only

The Site and the services offered by TAB through the Site are provided solely as a forum and to enable the exchange of information. You acknowledge TAB does not provide any professional services, nor do we claim to be licensed in the legal or any other profession.
Because forums by their nature are open and collaborative, TAB cannot make any assurance as to the timeliness or accuracy of information provided by the Site itself or any user.

User Submissions

The Site is a service intended to provide a forum for the free-flowing exchange of information and opinions. TAB encourages your participation but asks you to remember that you are responsible for the content of messages you post. TAB does not and cannot review every message posted (but reserves the right to do so).

All content on the Site, including user postings, is provided "AS IS," and you are solely responsible for your reliance on and use of such content. TAB is not responsible for the consequences of any communications made through the Site. You agree not to, without the express approval of TAB, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.

Your participation in the Site is solely at your own risk. In addition to your obligations under the Indemnification section of this Agreement, you agree to defend, indemnify and hold completely harmless TAB and its affiliates from and against any and all claims, damages, costs, and expenses they may incur (including, without limitation, attorney’s fees) arising out of a violation or alleged violation by you of these policies or arising from content posted by you on the Site. You agree to cooperate as fully as reasonably required in the defense of any such claim.

You agree not to disrupt the normal flow of dialogue, or post comments that are not related to the topic being discussed (unless it is clear the discussion is free form), or otherwise engage in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the judgment of TAB, exposes TAB or any of its affiliates to any liability or detriment of any type.
By voluntarily submitting information, communications or content (including pictures and anecdotes) to the Site, you agree that such submissions are non-confidential for all purposes and agree to any information you provide being stored in a database. If any content is removed from the Site, you acknowledge that TAB may retain archived copies of the content. You further agree that such submissions become the property of TAB and that all title and interest therein, including all rights of copyright, shall rest with TAB at the time they are submitted and/or posted. Such submissions are subject to being used, reproduced, modified, published, edited, translated, distributed, performed and displayed in any media or medium, or any form, format or forum now known or hereafter developed, for any purpose, in perpetuity without further notice. The submission of such materials in no way creates any obligation or duty on the part of TAB to post or use such materials or, if we do so, to give you credit. By submitting to the Site, you automatically grant, and you represent and warrant that you have the right to grant, TAB an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such content, and to grant and authorize sublicenses of the foregoing.

You understand that if you include your email address, phone number or address in any public posting to the Site, that you may receive unsolicited contacts for which TAB bears no responsibility.

Third Party Copyrights

TAB respects the intellectual property of authors and creators of written works and visual images and we ask our users to do the same. A copyright exists in nearly all text, images and artwork. Copyright vests in its owner the exclusive right to make copies, publicly distribute copies, publicly display the work, and prepare other works based on the original. Federal law provides both civil and criminal penalties for violation of a copyright. TAB and this Site’s users are each subject to the copyright laws. You represent and warrant that you possess all necessary rights to use the content that you submit to TAB and that use of such content does not violate the foregoing. You agree to defend, indemnify, and hold us harmless from and against any and all claims arising out of or relating to any content that you submit to us. If you have any questions, you should consult a lawyer who specializes in copyright law.

Links to This Site

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site so long as the pages that are activated by the link do not: (a) create frames around any page on this Site or use other techniques that alter in any way the visual presentation or appearance of any content within this Site; (b) misrepresent your relationship with TAB; (c) imply that TAB approves or endorses you, your Web site, or your service or product offerings; and (d) present false, derogatory, disparaging, misleading or otherwise offensive impressions about TAB or its products or services or otherwise damage the goodwill associated with the TAB name or trademarks. You may not use any TAB logo or other proprietary graphic or trademark as part of the link without express written permission. As a further condition to being permitted to link to this Site, you agree that TAB may at any time, in its sole discretion, terminate permission to link to this Site. In such event, you agree to immediately remove all links to this Site.

Links to Other Sites

The Site may contain links to third party Web sites. Such third party Web sites are not under the control of TAB. Please note that TAB is not responsible for the accuracy or content of Web sites of other providers that may have links from this Site. Accordingly, TAB can make no representation concerning the terms of use, privacy policies or content of these sites to you, nor can the fact that TAB has provided this link serve as an endorsement by TAB of this or any other site. In creating hypertext links to any other Web site, TAB is not recommending that Web site or giving any assurances as to its standing. TAB is providing this link only as a convenience to you. The inclusion of these links is not intended to reflect their importance, nor is it intended to endorse any views expressed, or products or services offered, on these outside sites, or the organizations sponsoring the sites. TAB makes no warranties, explicit or implied, regarding the performance of the links, the performance of the outside sites or the contents of the outside sites. If you decide to access linked third party Web sites, you do so at your own risk.

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS TAB FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING WITHOUT LIMITATION CLAIMS BASED UPON THE NEGLIGENCE OF TAB, ARISING FROM OR RELATED TO YOUR USE OF THE SITE, THE MATERIALS IT CONTAINS, AND ANY SITES LINKED TO THIS SITE.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TAB EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, QUALITY, PERFORMANCE, NON-INTERFERENCE WITH INFORMATION, AND ACCURACY OF INFORMATIONAL CONTENT. THERE IS NO WARRANTY THAT INFORMATION PROVIDED HEREUNDER, OUR EFFORTS, OR THE SITE WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS.

(b) TAB 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, THE SITE OR ANY USER COMMUNICATIONS.

(c) TAB IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE SITE, WHETHER CAUSED BY USERS OF THE SITE OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SITE.

(d) TAB MAKES NO WARRANTY THAT:

(1) YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,

(2) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR

(3) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

(e) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

(f) NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TAB OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

Limitations and Exclusions of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TAB SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

(a) THE USE OR THE INABILITY TO USE THE SITE;

(b) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;

(c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE;

(d) ANY HACKING ATTEMPT THAT MAY LEAD TO THE DATA BEING COMPROMISED;

(e) THE FACT THAT YOU HAVE RELIED ON INFORMATION FROM THIS SITE; OR

(f) ANY OTHER MATTER RELATING TO THE SITE.

IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY OF THE INFORMATION CONTAINED THEREON, OR REFUSE TO ABIDE BY THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE. NOTWITHSTANDING THE FOREGOING, TAB’S LIABILITY TO YOU SHALL NOT EXCEED $1,000. YOU FURTHER AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST TAB ARISING OUT OF THE USE OF THE SITE.

TAB SHALL NOT BE HELD LIABLE FOR ANY REPRESENTATIONS ON THIRD PARTY SITES IN RELATION TO THE INFORMATION PROVIDED IN THIS SITE.

Release

Should you have a dispute with a user, you agree that you release TAB, its officers, directors, members, agents, and employees from all claims, demands, and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with such a dispute.

Intellectual Property Rights

The Site is protected by copyright, trademark, trade dress and other intellectual property rights.

(a) TAB’s logos, and other trademarks, service marks, labels, product names and service names (collectively, the “Marks”) are owned or licensed by TAB. You agree not to copy, display or otherwise use any of the Marks without the prior written permission of TAB. Notwithstanding the foregoing, the Marks may not be used in any manner likely to cause confusion, disparage or dilute these marks and/or in connection with any product or service that is not authorized or sponsored by TAB.

(b) The entire Site, and all object code and source code, text, graphics, multimedia content, including but not limited to images, illustrations, audio and video clips, html and other mark up languages, and all scripts within the site associated therewith, are copyright 2010, Texas Association of Broadcasters. All rights reserved. The copyrighted and proprietary property of TAB may not be duplicated or used without TAB’s express prior written consent.

Unsolicited Idea Submission

We always welcome messages and feedback from TAB users and any comments regarding the TAB Site. However, it is TAB’s policy to not accept or consider ideas, suggestions, or proposals other than those we specifically request. The intent of this policy is to avoid the possibility of future misunderstandings when new functionality and features developed internally by TAB might be similar or even identical to your idea.

If you do send TAB an unsolicited suggestion, idea, or proposal, or if you send, at the request of TAB, a comment or suggestion to improve the Site (for example, via email) (collectively, the "Submission"), TAB will consider the Submission to be non-confidential and non-proprietary. TAB shall have no obligations concerning the Submission, contractual or otherwise (including, but not limited to, an obligation to keep the Submission confidential), and shall not be liable for any use or disclosure of any Submission. TAB shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to you.

Online Content

Opinions, advice, statements, offers, or other information or content made available through this Site are those of their respective authors and not of TAB, and should not necessarily be relied upon. Such authors are solely responsible for the accuracy of such content. TAB does not guarantee the accuracy, completeness, or usefulness of any information on the Site and neither adopts nor endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made. Under no circumstances will TAB be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Site.

Digital Millennium Copyright Act

You agree not to upload or transmit any communications or content of any type that infringes or violates any rights of any party. It is our policy not to permit materials known by us to be infringing to remain on the Site. TAB has made every effort to secure appropriate clearances for all proprietary intellectual properties used on this Site. If you believe any material on this Site is infringing, please contact us immediately. Pursuant to the Digital Millennium Copyright Act, DMCA, we have registered an agent to receive copyright claims (“Designated Agent”).

You may notify us of alleged intellectual property rights infringement by contacting our Designated Agent at:

Mail: 502 E. 11th St., Ste. 200, Austin, TX 78701
Phone: 512-322-9944
Fax: 512-322-0522
Email: tab@tab.org

Please be aware that, in order to be effective, your notice of claim must comply with the detailed requirements set for the in the DMCA. You are encouraged to review them (see 17 U.S.C. § 512(c)(3)) before sending your claim.

Upon receipt of notice of claimed infringement, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue.

Please do not send any other communications to the Designated Agent, who is appointed solely for the purposes of receiving notices of copyright claims under the DMCA.

Communications Decency Act

If you believe that a posting on the Site is inaccurate, you are solely limited to posting a rebuttal. TAB does not remove postings at the request of the provider of the product. Please note that TAB is a provider of an interactive computer service under the Communications Decency Act or “CDA,” (see 47 U.S.C. § 230). Because this important law is not well known, we want to take a moment to explain the law and to also explain that the filing of frivolous lawsuits can have serious consequences for those who file them, both parties and their attorneys.

In short, the CDA provides that when a user writes and posts material on a Web site such as the Site, the Web site itself cannot, in most cases, be held legally responsible for the posted material. Specifically, 47 U.S.C. § 230(c)(1) states, “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.” Because the comments and opinions on the Site are authored by users of the Site, we cannot be legally regarded as the “publisher or speaker” of the content contained here, and hence we are not liable for the content even if it contains false or inaccurate information.

We do not assume any duty to monitor the accuracy of the information our users may choose to post. If a disgruntled plaintiff were permitted to hold a Web site liable for information that the Site did not create, this would stifle free speech as fewer and fewer sites would be willing to permit users to post anything at all. See generally Batzel v. Smith, 333 F.3d 1018, 1027–28 (9th Cir. 2003) (“Making interactive computer services and their users liable for the speech of third parties would severely restrict the information available on the Internet. Section 230 [of the CDA] therefore sought to prevent lawsuits from shutting down Web sites and other services on the Internet.”)

If you believe that a post infringes on your intellectual property, please review your rights under the Digital Millennium Copyright Act.

Modification

TAB may update, revise, supplement, modify or amend this Agreement at any time. TAB will indicate at the bottom of this Agreement the date of the last update. Any updates, revisions, supplements, modifications or amendments shall be effective immediately upon its posting on the Site, and will only be applicable to disputes arising, or arising out of events occurring, after such posting has been made. TAB will provide you notice of any updates, revisions, supplements, modifications or amendments to this Agreement by placing a “Notice of Modification” link on the homepage for a 30-day period following the initial posting on the Site. You agree that you will continue to be bound by this Agreement, however and whenever it is updated, revised, supplemented, modified, or amended, if you continue to use the Site after the updates, revisions, supplements, modifications or amendments have been posted.

Entire Agreement

This Agreement constitutes the entire agreement between you and TAB with respect to your use of the Site. There are no other representations, warranties, terms, agreements or conditions, either written or oral, with respect to your use of the Site except as set forth in this Agreement. If you are an individual or entity who has a written agreement with TAB, this Agreement is subject to, and governed by, the terms of any such written agreement you have entered into with TAB.

Severability

If any provision of this Agreement is deemed unlawful, void, voidable or unenforceable for any reason, then that provision shall be deemed severable from this Agreement and shall not affect the validity or enforceability of any remaining provisions.

Dispute Resolution

Any dispute arising between you and TAB (whether grounded in contract, tort, statute, law or equity) or relating in any way to this Agreement, or the breach thereof, shall be finally determined by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in Travis County, Texas before a single arbitrator appointed in accordance with the applicable rules of the AAA. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Discovery during the arbitration shall be conducted pursuant to the Federal Rules of Civil Procedure and shall be limited to the exchange of relevant documents and depositions of the Parties. No Party is precluded from seeking and obtaining injunctive or other emergency relief, and the election to do so by a Party shall not be construed as a waiver of arbitration.
Any dispute must be raised within one (1) year after the date the cause of action arose. Failure to provide the written documentation within this timeframe will render all claims related to the dispute null and void.

Governing Law and Venue

TAB’s principal office is in the State of Texas and this Site is controlled by TAB from its offices within the State of Texas, United States of America. The Site can be accessed from all 50 states, as well as from other countries around the world. As each of these jurisdictions has laws and regulations that may differ from those of Texas, by accessing this Site both you and TAB agree that the statutes and laws of the State of Texas, without regard to conflicts of laws principles thereof, will apply to all matters relating to use of this Site (whether grounded in tort, contract, law or equity).

This contract is fully performable in Travis County, Texas. The Parties hereto waive any challenge to personal jurisdiction or venue (including without limitation a challenge based on inconvenience) in Travis County, Texas. For any matter not governed by the Dispute Resolution section above, the Parties specifically consent to the jurisdiction of the State District Courts of Travis County, and the United States District Court for the Western District of Texas, Austin Division.

Electronic Communications

You consent to receive communications from us by e-mail. You agree that all agreements, notices, disclosures and other communications that we provide to you by e mail satisfy any legal requirement that such communications be in writing. If you have other questions about how we might use your e-mail address please click here and review our Privacy Policy.

User Disputes

You are solely responsible for your interactions with other users of the Site. We reserve the right, but have no obligation, to monitor disputes between you and other users.

Termination

TAB may terminate your right to use this Site, with or without cause at any time in its sole discretion, including, without limitation, your violation of this Agreement, failure to provide accurate membership data, failure to provide accurate data submitted for posting, and lack of use. In the event of termination, all representations, warranties, indemnifications, and promises made by you shall survive.

Contact Information

If you have a comment, question or request, or if you need to contact TAB for any other reason, there are two easy ways to do so.

(a) Via the Email/Web: tab@tab.org

(b) U.S. Mail: 502 E. 11th St., Ste. 200, Austin, TX 78701

Adopted November 9, 2010


Privacy Policy

Texas Association of Broadcasters (“TAB”), a non-profit corporation incorporated under the laws of the State of Texas, has created this Privacy Policy (“Policy”) in order to demonstrate our firm commitment to the privacy of your personal information. The following discloses our information gathering and dissemination practices for this Web site (the “Site”).

This Policy tells you, among other things, what information we gather from you through our Site, how we may use or disclose that information, and our efforts to protect it.

Notice of Information Collected and Disclosed

We may request information from you when you:

  • Log-on to certain areas of our Web site that require your user name and password as a condition to gaining access to the information, materials or services in that area.
  • Register or sign-up to subscribe to a service.
  • Subscribe to a newsletter or ask to be added to our mailing lists.
  • Purchase a membership or other service.
  • Provide feedback.

In connection with your use of our Site, we may collect the following information:

  • The domain and/or IP address.
  • The e-mail addresses of users who communicate with us via the Site or via e-mail.
  • Aggregate information on what pages on our Site users access or visit.
  • Information volunteered by the user which may include name, address, e-mail, phone number, fax number, username, password, e-mail address, company name, and general requests for information and other personal information.
  • Information about your transactions with us.

Providing the voluntary data described above is at your sole discretion. If you submit personally identifiable information to us through the Site, then we use your personal information to operate, maintain, and provide to you the features and functionality of the Site. We use both your personally identifiable information and certain non-personally-identifiable information (such as anonymous usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of the Site and to create new features, functionality, and services by storing, tracking, and analyzing user preferences and trends.

TAB is the owner of the information collected on this Site. The information is not collected for sale to third party marketers and we do not sell or distribute the information collected from the site for commercial marketing purposes. Except as provided in this Policy, we do not disclose any nonpublic personal information about you to anyone except as permitted by law, however, we may choose to disclose all of the information we collect, as described above, to companies that perform services on our behalf, such as payment processors, data processors, technical systems consultants and programmers and the advertising firms that we use to promote our Site. Additionally, this information may be shared with TAB partners. We may use the personal identifying information you provide to monitor usage and traffic-levels, analyze trends, administer the Site, track user movement, and gather broad demographic information for aggregate use. We may also use your information to contact you regarding improvements we can make to our Site and our services. TAB may also share aggregate information about our users with advertisers, sponsors and other third parties, though such summary information will not identify any specifics directly related to your identity. We may also provide analysis based on the information we collect, to our strategic alliance partners and other risk sharing partners. As we develop our business, we may buy or sell some or all of our assets and, depending on the transaction, your personally identifiable information may be one of the transferred assets. Similarly, if TAB should ever merge with or be acquired by another company, we may share your personal information with any entity resulting from such transaction and if TAB should ever file for bankruptcy, the bankruptcy trustee has the right to sell the information you provide to us to a third party.
We may use your e-mail address to assist you if you forget your log-in information. We may also use your e-mail address to contact you directly regarding services, products or information that we believe might interest you. Only TAB (or agents working on behalf of TAB or with the permission of TAB) will send you these direct mailings. If you do not want to receive such mailings, you can easily opt-out of receiving further marketing from TAB as provided in Choice/Opt Out below.

You authorize us to disclose any information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, violation of obligations to us under our Terms of Service Agreement or any other agreement or policy, or other illegal activity.

We will not sell, share, or rent this information to others in ways different from what is disclosed in this statement.

State Specific Disclosures

For California residents: Under California Civil Code Section 1798.83, also known as Senate Bill 27, if you are a California resident and TAB has an established business relationship with you, you have the right to request information from TAB, free of charge, regarding the manner in which TAB shares certain categories of your personal information with third parties (whether collected online or offline), for the third parties’ direct marketing purposes. California law provides that you have the right to submit a request to TAB at its designated address and receive the following information: 1) the categories of information TAB disclosed to third parties for the third parties’ direct marketing purposes during the preceding calendar year; 2) the names and addresses of third parties that received such information; and 3) if the nature of a third party’s business cannot be reasonably determined from the third party’s name, examples of the products or services marketed, subject to certain exceptions. You are entitled to receive a copy of this information in a standardized format and the information will not be specific to you individually. For purposes of this paragraph:

  • “TAB” means TAB stores and the Site, and
  • “Third Party” means:
  • a business that is outside the TAB family, and
  • affiliates of TAB.

At the time of this Policy’s adoption, TAB does not have any affiliates.

This same California law permits TAB to provide you, in response to your written request, with a cost-free means to choose not to have your information shared rather than providing the above described information.

TAB’s designated email address for such requests is tab@tab.org. You may also request this information by writing to: 502 E. 11th St., Ste. 200, Austin, TX 78701. Additionally, you may request that TAB not share your personal information with third parties for their direct marketing use by following the Choice/Opt-Out procedures outlined below.

For Vermont residents: Vermont law places additional limits on sharing information about Vermont residents. As long as a user remains a resident of Vermont, we will not share information we collect about Vermont residents to companies outside of TAB or to TAB affiliates, except:

  • To companies that perform marketing or other services on our behalf;
  • Contact information (like name and address), and transaction information (such as your payment history) with which we have joint marketing agreements;
  • With the authorization or consent of the Vermont resident; or
  • As permitted or required by law.

For Nevada residents: We do not share your Customer Information with nonaffiliated third parties for purposes of their offering products and services to you. You do not need to take any action to limit this kind of information sharing. Nevada law requires that we provide you with the following contact information if you desire for TAB to include you in our internal do not call registry:

TAB
502 E. 11th St., Ste. 200
Austin, TX 78701

Bureau of Consumer Protection
Office of the Nevada Attorney General
555 E. Washington Street, Suite 3900
Las Vegas, Nevada 89101
Phone: (702) 486-3132
Email: BCPINFO@ag.state.nv.us

Public Forums

The Site utilizes public forums, which may include blogs, forums, message boards and other interactive features. Please remember that any information that is disclosed in these areas is not protected as confidential and becomes public information. You are solely responsible and should exercise caution when deciding to disclose any personal information in these areas.

Abuse of Terms of Service Agreement

We have the right to share your name and contact information with our attorneys and law enforcement officials, if needed, in the event we believe you have breached our Terms of Service Agreement.

Collection and Use of IP Addresses

We may use IP addresses to analyze trends, administer the Site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Please see Notice of Information Collected and Disclosed above for more information.

Cookies

We may use cookies (a small data file that certain Web sites write to your hard drive when you visit them), log files, clear gifs or web beacons (known as action tags or single pixel gifs) information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the Site; (b) provide custom, personalized content and information such as the services you subscribe to; and (c) to assess the popularity and effectiveness of the material posted on the Site. We may also use web beacons or similar technology in connection with e-mails sent to users, to let us know whether and when the e-mail was opened.

You can refuse cookies by turning them off in your browser. You do not need to have cookies turned on to use the Site. However, if you turn off cookies, then you may not be able to utilize certain features of the Site.

Confidentiality of Transmissions

Please remember that transmissions on the Internet are not always confidential. You are transmitting this information at your own risk. Please see Security below for more information.

Password Protection

To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before creating your user account. The user that created the account for a user is responsible for maintaining the secrecy of a users unique password and account information at all times.

Disclosure Choices

You may, of course, decline to submit personally identifiable information through the Site, in which case TAB may not be able to provide certain services to you.

Choice/Opt Out

If you prefer that we not disclose nonpublic personal information about you to nonaffiliated third parties, you may opt out of those disclosures; that is, you may direct us not to make those disclosures (other than disclosures permitted by law). If you receive communications from us that you do not want to receive, you can opt out from receiving these communications, by specifically telling us to stop sending them to you. We will generally be able to give effect to your withdrawal on 30 days’ notice. If you wish to opt out of disclosures to nonaffiliated third parties, you may e-mail your request to TAB at tab@tab.org.

Onward Transfer (Transfers to Third Parties)

We will apply the Notice and Opt-out policies discussed above in the event we propose to disclose your information to a third party.

Security

Information you elect to post on the Site, e-mails and other information you send to us is not encrypted and such transmissions cannot be considered a secure means of transmitting sensitive information. You should be aware of the limitations of security, authentication, and privacy measures used in connection with the Internet and that any information you transmit through the Site may be damaged, corrupted, "sniffed" and/or accessed by another person without your permission.

Regardless of the precautions taken by you or by us, “perfect security” does not exist on the Internet. Third parties may unlawfully intercept or access transmissions or private communications, and other users may abuse or misuse your personal information that they collect from the site. Therefore, although we work very hard to protect your privacy, we do not promise, and you should not expect, that your personal information or private communications will always remain private. We cannot ensure or warrant the ultimate security of any information you transmit.

Linked Sites And Third Party Vendors

The Site may contain links to other sites. Please be aware that TAB may not be responsible for content or the privacy practices of such other sites. We encourage our users to be aware when they leave our Site and recommend that they read the privacy statements of each and every Web site they visit. This Policy applies solely to information collected by this Site.

Age Restrictions; Children’s Privacy

This Site is not directed at children under the age of 18 and does not knowingly collect personal information from children under the age of 18. If TAB obtains actual knowledge that it has obtained personal information about a child under the age of 18, that information is immediately and permanently deleted from our records.

Changes to Privacy Policy

We may occasionally change this Privacy Policy. If we do, we will post the changes on the Site. The changes will take effect as soon as posted.

Correct/Update

TAB provides users the following options for changing and modifying information previously submitted.

  • You can send e-mail to tab@tab.org
  • You can send mail to the following postal address: 502 E. 11th St., Ste. 200, Austin, TX 78701

Contact Information

If you have a comment, question or request, or if you need to contact TAB for any other reason, there are two easy ways to do so.

(a) E-mail: You can e-mail at tab@tab.org

(b) U.S. Mail: Send mail to TAB at: 502 E. 11th St., Ste. 200, Austin, TX 78701

Acceptance of Privacy Statement

Your use of our Site, including any dispute concerning privacy, is subject to this Policy and the Terms of Service Agreement. BY USING OUR SITE, YOU ARE ACCEPTING THE PRACTICES SET OUT IN THIS PRIVACY POLICY AND OUR TERMS OF SERVICE AGREEMENT. We reserve the right to modify this Policy at any time by posting the changes on this page. Your continued use of any portion of our Site following posting of the privacy statement will constitute your acceptance of the policy.

Adopted on November 9, 2010