Terms of Use

Last Updated: August 31, 2017

Welcome to http://www.TexBuySellorTrade.net/ (our Website), an online marketplace operated by Region 16 Education Service Center located in Amarillo, Texas, d.b.a. TexBuySellorTrade.net (Region 16 ESC, us or we). Please review the following terms and conditions (Terms of Use) and our other policies that govern your visit to our Website, and your use of our Website, and the related products and services available on or through our Website (the Service(s)). Region 16 ESC reserves the right, at any time, to modify or update our Website, policies and these Terms of Use.

Your Consent and Use of our Website

Your use of our Website constitutes your acceptance of, and agreement to follow and be bound by the Terms of Use, Privacy Policy, and any further policies or terms that govern your use of our Website and/or Services, which are all incorporated herein by reference (collectively, this Agreement). If you do not agree to these terms and conditions, please do not use OUR Website.

We may from time to time change or modify the terms and conditions that govern your use of our Website, Services and this Agreement. Your use of our Website and Services following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed.

We may terminate your right to and deny you access to this Website, or remove any material you may have posted at our Website if, in our sole discretion, you fail to comply with any term or provision of this Agreement, or for any other reason whatsoever. Except as otherwise provided herein, however, Region 16 ESC undertakes no obligation to police, supervise, or monitor materials posted to this Website by you or other third parties.

Use of this Website is limited to persons over the age of eighteen (18) who are residents of the United States. This Website is not directed to persons under 18 years old. The policy of Region 16 ESC, as the operator of this Website, is NOT to knowingly collect any personal information from persons under 18, including individually identifiable information, as defined by the Childrens Online Privacy Protection Act (COPPA). If you are under 18, you should leave our Website without providing any information about yourself. Any access to or use of this Website or Services by anyone under the age of majority requires consent to this Agreement by a parent or legal guardian. By accessing or using our Website and/or Services, you represent and warrant to us that you are either a legal adult or, if under the age of majority, have obtained proper consent from a parent or legal guardian to your use of our Website, Services and this Agreement. By using our Website and Services, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

PROHIBITED USES. Region 16 ESC imposes certain restrictions on your permissible use of our Website. You are prohibited from violating or attempting to violate any security features of our Website, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of our Website, or any associated system, service or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to our Website, overloading, flooding, spamming, mail bombing or crashing; (d) using our Website to send unsolicited email, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any email or post using our Website; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Region 16 ESC in providing our Website. Any violation of system or network security may subject you to civil and/or criminal liability. Without limiting the foregoing, you may not use bots, spiders or intelligent agent software (or similar technologies) for any purposes other than accessing publicly posted portions of our Website and only for purposes consistent with this Agreement. You may not circumvent any access or use restrictions, data encryption or content protection related to our Website. You may not data mine our Website or in any way cause harm to our Website.

Website Contents and Intellectual Property Rights

Unless otherwise noted, the design of our Website, our Website as a whole, and all materials that are part of our Website and Services (collectively, Contents) are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by Region 16 ESC or its subsidiaries and affiliates. No right, title or interest in any of the information, material, or other Contents of this Website is granted to you under any circumstances, and Region 16 ESC reserves and retains all intellectual property rights in and to our Website and its Contents. Linking or framing to this Website or any of its Contents is prohibited without the prior written permission of Region 16 ESC.

Except as expressly noted herein, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Contents or our Website. Unauthorized use or copying (including electronic copying or downloading) of our Website and Contents without Region 16 ESCs express written consent is expressly prohibited by law, and may result in severe civil and criminal penalties.

Opinions, advice, statements, testimonials, reviews, offers or other information or content made available on this Website or through our Services, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.

Disclaimer of Warranties and Limitation of Liabilities

ALL USE OF THIS WEBSITE, ANY INFORMATION, CONTENT, PRODUCTS, OR SERVICES HEREIN CONTAINED OR PROVIDED AT OR PURCHASED FROM THIS WEBSITE, AND ANY FUNCTIONALITY OR SOFTWARE OR PROGRAMMING CONTAINED OR PROVIDED AT THIS WEBSITE, IS PROVIDED ON AN AS IS BASIS WITHOUT GUARANTEE OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, we make no warranty, promise or guarantee of any kind that: (A) Operation of our Website and/or Services will be continuous, TIMELY, uninterrupted, secure, or that this Website or its server are free of ERRORS, viruses or other harmful effects; (b) our Website or Services will meet your requirements or expectations; (c) the results that may be obtained from use of our Website, PRODUCTS or Services will be effective, typical, accurate or reliable; AND (d) the quality of any products, services or information purchased or obtained by you from our Website or Services will meet your expectations or be free from mistakes, errors or defects. YOUR USE OF OUR WEBSITE, PRODUCTS AND SERVICES AND YOUR DEALINGS WITH OTHER USERS ARE AT YOUR OWN RISK. WE EXPECT THAT YOU WILL USE CAUTION AND COMMON SENSE WHEN USING OUR WEBSITE.

FURTHER, WITHOUT LIMITING THE FOREGOING, ALL INFORMATION PROVIDED ON OUR WEBSITE IS WITHOUT WARRANTY AS TO ITS COMPLETENESS, TIMELINESS, ACCURACY, SUITABILITY OR AUTHENTICITY. BECAUSE OUR WEBSITE IS ONLY A VENUE FOR SELLERS AND BUYERS, AND REGION 16 ESC IS NOT INVOLVED IN THE ACTUAL BIDDING AND SALES TRANSACTIONS BETWEEN SELLERS AND BUYERS, WE HAVE NO CONTROL OVER THE QUALITY, SAFETY, OR LEGALITY OF THE ITEMS ADVERTISED, THE TRUTH OR ACCURACY OF THE LISTINGS, THE ABILITY OF SELLERS TO SELL ANY ITEMS, OR THE ABILITY OF BUYERS TO BUY ANY ITEMS. WE CANNOT AND DO NOT CONTROL WHETHER ANY PARTY WILL COMPLETE A TRANSACTION. THUS, You should conduct your own due diligence as to the truth, accuracy, completeness, and continuing validity of any information set forth in or referenced at this Website. Likewise, REGION 16 ESC does not warrant the accuracy of ANY third party content contained within or referred to at this Website, including any links to third party Websites. REGION 16 ESC IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

UNDER NO CIRCUMSTANCES OR LEGAL THEORY SHALL REGION 16 ESC OR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, GENERAL, COMPENSATORY, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR OTHERWISE), INJURY, CLAIM OR LIABILITY OF ANY KIND OR CHARACTER BASED UPON OR ARISING FROM YOUR USE OF OR INABILITY TO USE THIS WEBSITE OR SERVICES. IF YOU ARE DISSATISFIED WITH OUR WEBSITE OR SERVICES, OR ANY MATERIALS ON OUR WEBSITE, OR WITH ANY OF THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR WEBSITE AND SERVICES.

WITHOUT LIMITING THE FOREGOING, THE LIABILITY OF REGION 16 ESC FOR ANY DAMAGE OF ANY KIND, DIRECT OR INDIRECT, ARISING FROM YOUR USE OF THIS WEBSITE OR SERVICES, ANY INFORMATION, CONTENT, PRODUCTS OR SERVICES OBTAINED AT OR FROM THIS WEBSITE, OR OTHERWISE RELATING TO YOUR USE OF THIS WEBSITE, PRODUCTS OR SERVICES, SHALL NOT EXCEED THE DOLLAR AMOUNT PAID BY YOU, IF ANY, TO REGION 16 ESC FOR USE OF THIS WEBSITE, PRODUCTS OR SERVICES.

USER OF THIS WEBSITE ARE HEREBY INFORMED THAT REGION 16 ESC IS A TEXAS GOVERNMENTAL ENTITY THAT ENJOYS IMMUNITY FROM LIABILITY IN MANY CIRCUMSTANCES AND FOR MATTERS FOR WHICH IT IS NOT IMMUNE, CERTAIN LIMITATIONS ON MONETARY RECOVERY EXIST. NOTHING CONTAINED IN THIS DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES SHALL BE INTERPRETED TO WAIVE OR IMPAIR ANY SOVEREIGN IMMUNITY OR IMMUNITY FROM LIABILITY THAT MAY BE CLAIMED BY REGION 16 ESC.

Release and Indemnification

IN THE EVENT YOU HAVE A DISPUTE WITH ONE OR MORE USERS of our Website OR SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY DISPUTE REGARDING ANY TRANSACTION OR USER GENERATED CONTENT) OR ANY THIRD PARTY WEBSITE THAT MAY BE LINKED TO OR OTHERWISE INTERACT WITH OUR WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY SOCIAL MEDIA SITE, YOU HEREBY AGrEE TO RELEASE AND FOREVER DISCHARGE REGION 16 ESC AND ITS AGENTS, DIRECTORS, shareholders, officers, employees, distributors, vendors and affiliates (collectively, the released Parties) FROM ANY AND ALL RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNeCTED WITH SUCH DISPUTE AND/OR YOUR USE OF OUR WEBSITE AND/or SERVICES, TO THE FULLEST EXTENT PERMITTED BY LAW.

You further agree to indemnify, defend and hold harmless, TO THE FULLEST EXTENT PERMITTED BY LAW, RELEASED PARTIES from and against all claims, demands, liabilities, losses, expenses, damages and costs, including reasonable attorneys fees, resulting from, arising out of OR IN CONNECTION WITH your use, unlawful use or other misuse, or inability to use our Website or Services, your breach of this Agreement, OR otherwise RELATING TO THE BUSINESS WE CONDUCT ON OUR WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY POTENTIAL OR ACTUAL COMMUNICATION, TRANSACTION OR DISPUTE BETWEEN YOU AND ANY OTHER THIRD PARTY), ANY CONTENT POSTED BY YOU OR ON YOUR BEHALF TO OUR WEBSITE, ANY USE OF ANY SERVICE PROVIDED BY A THIRD PARTY PROVIDER, OR ANY USE OF A SERVICE OFFERED BY US THAT INTERACTS WITH A THIRD PARTY WEBSITE, INCLUDING ANY SOCIAL MEDIA SITE. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT. THIS SECTION SURVIVES TERMINATION OF THIS AGREEMENT.

Choice of Law, Arbitration, and Venue

This Agreement and any claim or controversy relating to or arising from the use of our Website or Services, including, but not limited to, any transactions made or entered into at our Website, any information, content, products, services or promotions herein contained or provided from our Website, or any functionality, software or programming contained or provided at or from our Website (hereafter, Claims), shall be governed by the laws of the State of Texas without regard to principles of conflicts of law and, as applicable, the laws of the United States of America.

You agree to arbitrate any and all Claims, including all statutory Claims, and any state or federal Claims. BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE GIVING UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR USE OF OR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE WEBSITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

All Claims shall be decided by one arbitrator pursuant to this provision and the commercial arbitration rules and procedures of JAMS, Inc. at their offices located in Dallas County, Texas. For more information on JAMS and/or the rules of JAMS, visit http://www.jamsadr.com. All Claims shall be brought solely in the parties individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate more than one person’s Claims, and may not otherwise preside over any form of a representative or class proceeding with respect to any such Claims. NEITHER PARTY SHALL BE PERMITTED TO OBTAIN AWARDS FOR AND, TO THE EXTENT PERMITTED BY LAW, EACH PARTY HEREBY WAIVES: (A) ALL RIGHTS TO CLAIM PUNITIVE, INCIDENTAL, EXEMPLARY, SPECIAL, ENHANCED, INDIRECT OR CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES; AND (B) ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. The decision of the arbitrator shall be final and binding. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, shall be conducted in the Texas state district court, in and for the County of Randall or, where applicable, the federal District Court having jurisdiction in the County of Randall, State of Texas. Likewise, in the event that this arbitration agreement is for any reason held to be unenforceable, any litigation shall be commenced only in the federal or state courts located in Randall County, Texas. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.

By using our Website and/or Services in any manner, you agree to the above arbitration agreement. In doing so, you give up your right to go to court to assert or defend any claims between you and us. You also give up your right to participate in a class action or other class proceeding.

Submission and Posting of Information, Comments, Writings and Other User-Generated Content and Materials

As a user of this Website, you may be able to post content on our Website, including, without limitation, by providing testimonials or reviews, leaving comments, etc. You are solely responsible for the content you publish, display or post on our Website or Services, or transmit or display to other users. However, Region 16 ESC reserves the right to block or remove any communications or materials that it determines to be: (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of copyright, trademark or other intellectual property rights; (d) in violation of any law, regulation or this Agreement; or (e) offensive or otherwise unacceptable to Region 16 ESC in its sole discretion. Region 16 ESC reserves the right, but undertakes no duty, to review, edit, move or delete any communication or material provided for display or placed on our Website, in its sole discretion, without notice. If at any time Region 16 ESC chooses, in its sole discretion, to monitor the content, Region 16 ESC nonetheless assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the user submitting any such content. You agree that Region 16 ESC shall under no circumstances be held liable on account of any action it takes, in good faith, to remove from our Website or restrict access to material that it or any user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material may be considered constitutionally protected in certain circumstances.

Any submission of information or copyrightable works of any nature by you to this Website or to Region 16 ESC through the use of this Website shall be deemed to constitute a release by you to the public domain, for use by Region 16 ESC and others, without restriction, except those restrictions set forth in our Privacy Policy with respect to personal information. All comments, feedback, ideas, suggestions, materials, information and other submissions disclosed, submitted or offered to Region 16 ESC using this Website or otherwise are not confidential and will become and remain Region 16 ESCs property and may, at its sole discretion, disclosed to the public. By submitting any such information or material, you represent and warrant your right to release such information and material for use in the public domain without restriction.

Your submission of such information and material shall further constitute an assignment to Region 16 ESC of all worldwide rights, titles and interests and Region 16 ESC in the information and materials without payment of any compensation. By posting content to any public area of our Website, you automatically grant and represent and warrant that you have the right to grant to us, our affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.

If you provide or post any information, materials, text, images, music, video, or other content or works of any nature (collectively, Posted Content) at or through our Website, you represent, warrant, and agree that any such Posted Content:

(a) Is not defamatory, obscene, pornographic, abusive, harassing, offensive, profane, or otherwise in violation of any law or right of any third party;

(b) Is not false, inaccurate, misleading, or fraudulent;

(c) Does not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy;

(d) Does not violate any law, statute, ordinance or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);

(e) Does not contain personal identifying information of any person other than you;

(f) Does not contain any advertising of any nature whatsoever;

(g) Does not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information, or the operation of any computer or computer program, including, without limitation, any mechanism for overloading, flooding, spamming, mail bombing or crashing our Website or any system, or intended to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; and

(h) Shall become and be the property of Region 16 ESC with the full and unrestricted right of Region 16 ESC to distribute, copy, transfer, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise use such Posted Content without compensation to you.

Copyright/ DMCA Notice and Procedure

It is our policy to respond to allegations of copyright violations in accordance with the Digital Millennium Copyright Act (DMCA). If you believe that your work has been copied and is accessible on our Website in a way that constitutes copyright infringement, you may notify Region 16 ESCs designated Copyright Agent at the address below. Inquiries not compliant with the procedure outlined below may not receive a response. When a valid DMCA notification is received, we will respond by taking down the offending content. We will then take reasonable steps to contact the owner of the removed content so a counter-notification may be filed. Upon receipt of a valid counter-notification, we will generally restore the content in question, unless we receive notice from you, the notifying copyright owner, that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity. Region 16 ESC may provide copies of such notices to the participants in the dispute or to any other third parties, at our discretion and as required by law. Region 16 ESCs Privacy Policy does not protect information provided in these notices.

Notification

If you believe that your work was copied or posted on our Website in a way that constitutes copyright infringement, please contact our designated Copyright Agent at:

Executive Director
5800 Bell St, Amarillo, TX 79109-6230
806-677-5000

Please note that you may be liable for damages (including costs and attorneys fees) if you materially misrepresent that material is infringing.

Your notification must include the following information:

(A) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(B) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

(C) 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 Region 16 ESC to locate the material.

(D) Information reasonably sufficient to permit Region 16 ESC 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.

(E) 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.

(F) 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.

Note, however, that if you posted any materials on this Website, by submitting, posting or displaying your content on our Website, you grant Region 16 ESC and its end users a worldwide, royalty-free, non-exclusive license as specified in these Terms of Use.

Only DMCA notices should go to the Region 16 ESC Copyright Agent designated above. Communications regarding other matters directed to that address or DMCA notices that do not comply with the requirements of DMCA may be ignored.

Upon receipt of the written notification containing the information as outlined above:

(A) Region 16 ESC shall remove or disable access to the material that is alleged to be infringing.

(B) Region 16 ESC shall use reasonable efforts to forward the written notification to such alleged infringer (User).

(C) Region 16 ESC shall take reasonable steps to notify the User that it has removed or disabled access to the material.

Counter Notification

To be effective, a Counter Notification must be a written communication provided to Region 16 ESCs designated Copyright Agent that includes substantially the following:

(A) A physical or electronic signature of the User.

(B) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.

(C) A statement under penalty of perjury that the User has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

(D) The Users name, address, and telephone number, and a statement that the User consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Users address is outside of the United States, for any judicial district in which Region 16 ESC is located, and that the User will accept service of process from the person who provided notification or an agent of such person.

Upon receipt of a Counter Notification containing the information as outlined above:

(A) Region 16 ESC shall promptly provide you with a copy of the counter notification, and inform you that Region 16 ESC will replace the removed material or cease disabling access to it in 10 business days; and

(B) Region 16 ESC shall replace the removed material and cease disabling access to the material in no less than 10 and no more than 14 business days following receipt of the counter notice, unless Region 16 ESCs designated Copyright Agent first receives notice from you that you have filed an action seeking a court order to restrain the User from engaging in infringing activity relating to the material at our Website.

Account Termination

Region 16 ESC may, in appropriate circumstances, terminate an account holder or user of our Website if he or she is a repeat infringer. If you believe that an account holder or user is a repeat infringer, please follow the instructions above to contact Region 16 ESC’s DMCA Copyright Agent and provide information sufficient for us to verify that the account holder or user is a repeat infringer.

Termination and Denial of Access

This Agreement is effective unless and until terminated by Region 16 ESC. If, in Region 16 ESCs sole discretion, you fail to comply with any term or provision of this Agreement, Region 16 ESC may terminate your access to or use of this Website. In the event of termination or denial of access by Region 16 ESC, you are no longer authorized to access our Website, and the restrictions imposed upon you with respect to material copied or downloaded, and the disclaimers and limitations of liabilities set forth in this Agreement, shall continue in force.

Third Party Links

This Website may include links to other Internet sites maintained by third parties (Linked Sites). Region 16 ESC provides Linked Sites to you solely as a convenience, and the inclusion of Linked Sites does not imply endorsement by Region 16 ESC of the Linked Sites. You access Linked Sites at your own risk and by accessing them, you leave this Website. Linked Sites are not under the control of Region 16 ESC and Region 16 ESC is not responsible for any content of any Linked Sites.

Modifications to our Website or Services

Region 16 ESC reserves the right at any time to modify or discontinue, temporarily or permanently, our Website and/or Services (or any part thereof) with or without notice in our sole discretion. You agree that Region 16 ESC shall not be liable to you or to any third party for any modification, suspension or discontinuance of our Website and/or Services.

Your Account Information, Password and Security

In the course of your use of our Website or Services, we may ask you for certain information, including your name, email address, mailing address and credit card information (collectively, Account Information). If you open an account or commence any transaction of business at or on this Website, you may be required to complete the registration process by providing certain additional information and registering a username and password. Your Account Information must be up-to-date and accurate at all times. Should your information change, you must update it in your user profile. You agree that you are solely responsible for the accuracy and content of your Account Information. You are further responsible for maintaining the confidentiality of your username and password and also for all activities that take place under your account. You agree to: (a) immediately notify us of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account at the end of each Website session. Consistent with and without limiting the scope of provisions limiting liability elsewhere in this Agreement, in no event will Region 16 ESC be liable for any indirect or consequential loss or damage of any kind whatsoever resulting from the disclosure of your username and/or password or your failure to comply with this section. You may not use another person’s account at any time, without the express permission of the account holder.

Buying and Trading/Shipping Arrangements and Costs

This Website allows sellers and buyers to communicate with each other regarding a listed item. All buying and trading transactions will occur by buyer and seller off line and not through the Website. The listed price of property does not include shipping. Transfer of title to listed property and any and all shipping arrangements and costs in addition to the listed price shall be determined by buyer and seller.

Product Images, Content and Specifications

All features, content, specifications, products and prices of products and Services described or depicted on this Website are subject to change at any time without notice. All product descriptions provided by the seller are approximate and are provided for convenience only. Region 16 ESC is not responsible in any way for the accuracy or clarity of any image loaded onto this Website by a seller. Buyers are warned that the actual color you see relating to an image posted will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. Likewise, the product images on this Website may appear larger or smaller than their actual size. Because Region 16 does not participate in the descriptions of sellers’ products on this Website, Region 16 ESC does not warrant that product descriptions or other content of any listed product is accurate, complete, reliable, current or error-free. If a product offered by a seller is not as described, your sole remedy is work with the listing seller.

It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) with respect to the possession, use and sale of any item purchased from a seller through this Website. By purchasing a listed product from a seller, you represent and warrant that the products ordered will be used only in a lawful manner.

Return Policy

Region 16 ESC is only the operator of this Website, it does not participate in any listed transaction. Consequently, any questions about returns and/refunds shall be directed solely to the listing seller of the product.

Shipping Policy and Risk of Loss

When an order is placed, it will be shipped to an address designated by the purchaser as long as listed prices for products do not include shipping costs. Any and all shipping arrangements and their corresponding costs shall be determined by the seller and buyer offline and without any involvement of Region 16 ESC.

Eligibility to Order/Purchase

To participate in TexBuySellorTrade.net, buyer or purchaser must be 18 years of age or older.

Eligibility to Sell

To list an item for sale or trade on TexBuySellorTrade.net, you must be a state or local governmental entity of the United States of America.

Miscellaneous

Headings in this Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchise-franchisee relationship of any kind between Region 16 ESC and you or any other person or entity. Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to other or similar breaches. This Agreement, including the other policies referenced herein, shall constitute the entire agreement and understanding between Region 16 ESC and you with respect to use of our Website and/or Services and supersedes any and all prior agreements and understandings of the parties with respect to the subject matter addressed herein. This Agreement is binding on the parties hereto and their successors and assigns. If any provision in this Agreement is deemed unlawful, void or unenforceable, then that provision will be deemed severed from the Agreement and the remaining provisions shall remain in full force and effect as if no invalid or unenforceable provision had been part of this Agreement.

Complaints or Concerns

If you have any complaints or concerns regarding our Website or Services, please contact us at info@TexBuySellorTrade.net or 806-677-5000].


Privacy Policy Overview

Last Updated: August 31, 2017

Region 16 ESC located in Amarillo, Texas, d.b.a. TexBuySellorTrade.net (Region 16 ESC, us or we) respects your privacy and is committed to protecting it through our compliance with this Privacy Policy (Policy).

This Policy describes the types of information we may collect from you or that you may provide when you visit the website http://www.TexBuySellorTrade.net/ (our Website) and our practices for collecting, using, maintaining, protecting, and disclosing that information. Please be advised that we are not responsible for any other websites maintained by other regional education service centers in the state of Texas.

In this Policy, personal information means any information by which you can be identified or contacted, such as your name (first and last), home, billing or other physical address, email address, telephone number, billing information, etc., as well as any information associated with the foregoing.

Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with the terms of this Policy or our Terms of Use posted on our Website, which are expressly incorporated herein by reference and made a part of this Policy, your choice is not to use our Website. By accessing or using our Website, you agree to this Policy. This Policy may change from time to time. Your continued use of our Website after we make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates.

U.S. Governing Law

Our Website is designed for U.S. audiences, and is governed by and operated in accordance with the laws of the United States. We make no representation that our Website is operated in accordance with the laws or regulations of, or governed by, other nations, and we do not warrant or imply that our Website or the content/materials on our Website are appropriate for use outside of the U.S. By using our Website, you certify that you meet the age and other eligibility requirements for our Website as set forth in our Terms of Use. If you do not meet such age and other eligibility requirements, please discontinue using our Website immediately, as your continued use of our Website indicates that you are agreeing to the collection, use, disclosure, management and storage of your information as described in this Policy.

If you are located outside of the U.S., you use our Website at your own risk and initiative, and you are solely responsible for compliance with any applicable local, national and international laws. By using our Website, participating in any Website activities and/or providing us with any information, you: (a) consent to the transfer and processing of any information to and in the U.S., (b) acknowledge that U.S. law may provide a lower standard of protection for personal data than the laws of your location, and (c) understand that we will collect, transfer, store, process and/or deal with your information in accordance with this Policy and U.S. law. Consequently, to the full extent permitted by law, you hereby waive any claims relating to the processing of your information in accordance with this Policy that may arise under the laws and regulations of any other country or jurisdiction.

Website Intended for Persons 18 and Over

Our Website is not intended for persons under 18 years of age. We do not knowingly collect personal information from persons under 18. If you are under 18, do not use or provide any information on this Website or on or through any of its features, use any of the interactive or public comment features of this Website or provide any information about yourself to us, including your name, address, telephone number or email address. If you believe that we have any information from or about a person under 18, please contact us.

Information We Collect About You and How We Collect It

User-Provided Information: You may be required to provide personal information to access or use certain parts of our Website, or features of our Website or services, including, without limitation, when you place information or content on the Website, chat with a specialist, fill out a form, participate in any of our programs, special events or promotions such as contests, sweepstakes or surveys, contact us with a comment, testimonial, question or complaint, etc. If you do not provide the requested personal information, you may not be able to access or use the features of the Website or service where such information is requested.

Depending upon the nature of the transaction, the personal information collected may include your first and last name, billing, mailing, physical or shipping address, telephone number, email address, fax number, date of birth, age, gender, occupation, birthday, marital status, anniversary, interests, purchase history, credit card information, debit card information, or other demographic information.

Emails and Social Media Sites : If you correspond with us by email, mail or via social media, we may retain the content of your communication or social media posting, the email or social media account address from which it is sent, and our response. Content and other information in or related to emails sent by you to Region 16 ESC or postings on any of Region 16 ESCs social media platforms, such as Facebook, Instagram and Twitter may be used as testimonials or for other marketing purposes in accordance with our Terms of Use. Please be aware that when you receive a notice acknowledging your email, upload to one of our social media accounts, or submission of an order or application form, it means that the message, uploaded item, or form has been routed into the Internet, and not that it has been received by us. We collect information automatically using technology when you visit our Website or social media pages or when you open one of our emails as described in this Policy.

Third Parties : We may also collect personal information about you from other third parties, such as demographic firms, to make our future services and marketing efforts more efficient and personalized for you. We may combine all information that you provide to us or we collect over time with information obtained from other sources and may disclose this information within our corporate family of companies or our service providers.

Cookies Information: When you visit the Website, we may send one or more cookies a small text file containing a string of alphanumeric characters to your computer that uniquely identifies your browser and lets us help you log in faster and enhance your navigation through the Website. A cookie does not collect personal information about you. We use both session cookies and persistent cookies. A persistent cookie remains on your hard drive after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the Website. Persistent cookies can be removed by following your web browsers directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Website or services may not function properly if the ability to accept cookies is disabled.

Google Analytics: We use a tool called Google Analytics, a web analytics service provided by Google, Inc. ( Google ) to collect information about use of this Website. Google Analytics collects information such as how often users visit our Website, what pages are visited, and what other sites were visited prior to coming to our Website. We use the information we get from Google Analytics to improve this Website. Google Analytics collects only the IP address assigned to you on the date you visit this Website, rather than your name or other identifying information. Although Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit this Website, the cookie cannot be used by anyone but Google. Googles ability to use and share information collected by Google Analytics about your visits to this Website is restricted by the Google Analytics Terms of Use and the Google Privacy Policy. You can prevent Google Analytics from recognizing you on return visits to this Website by disabling cookies on your browser, however, please note that if you do this you may not be able to use the full functionality of this Website.

Log File Information: Log file information is automatically reported by your browser each time you access a web page. When you register with or view our Website, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol (IP) addresses or other device identifiers, browser information, Internet Service Provider (ISP), operating system, location, date/time stamp, clickstream data, referring/exit pages and URLs, domain names, landing pages, pages viewed, and other such information.

Clear Gifs Information: When you use the Website or services, we may employ clear gifs (a.k.a. Web Beacons) which are used to track the online usage patterns of our users anonymously. No personal information from your account is collected using these clear gifs. In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened by recipients. The information is used to enable more accurate reporting, improve the effectiveness of our marketing, and make this Website better for our users.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

To facilitate your purchases, if applicable, and provide the services you request.

To confirm and track your order.

To contact you (via email, postal mail, or telephone) regarding products and services that we believe may be of interest to you.

To operate, maintain, and provide to you the best possible features, services, products, functionality of the Website and its contents and overall customer experience.

To provide you with information, products, or services that you request from us.

To analyze visits to the Website and learn about the interests, preferences, demographics and behaviors of our visitors in aggregate (e.g., across the country) and also on a personal level to better understand your interests and needs, so we can assess product demand, identify your product and service preferences, and improve our products and services and deliver to you the type of content, features, products and promotions that you are most interested in.

To process registration requests when you register for our programs or services, or otherwise administer your participation in our programs or services.

To respond to your questions, requests, comments or complaints and determine your satisfaction with our programs, products and services.

To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.

To notify you about changes to our Website or any products or services we offer or provide through it.

To compare and review your personal information for errors, omissions and accuracy.

To prevent, detect or investigate any fraudulent, abusive or illegal act.

To allow you to participate in interactive features on our Website.

To administer a promotion, contest, sweepstakes, survey or other Website feature.

To send you marketing communications and other information and materials you have chosen to receive regarding our products, services, marketing or special events.

In any other way we may describe when you provide the information.

For any other purpose with your consent.

We also use your personal information for our everyday business purposes such as security, processing orders, payment processing, analytics, operations, fraud detection and prevention, reporting, making back-ups and legal compliance.

Region 16 ESC may develop special sites or administer promotions in cooperation with other companies or governmental entities. If you register at these co-branded sites or consent to receive email communications from our promotional partners, we may share your registration information (such as name and email address) with those companies.

We use cookies, clear gifs, and log file 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 Website; (b) provide custom, personalized content and information; (c) monitor the effectiveness of our Website and services; (d) monitor aggregate metrics such as the total number of visitors and traffic; (e) diagnose or fix technology problems reported by our users or engineers that are associated with the IP addresses controlled by a specific web company or ISP; and (f) help you efficiently access information.

User Content: Any personal information or content you voluntarily disclose for posting to the Website (for instance, any content you post) (referred to herein as User Content) becomes available to the public via the Website and our business partners. User Content includes, but is not limited to, testimonials, reviews, comments, photos, videos, etc. If you remove User Content, copies may remain viewable in cached and archived pages or if other users have copied or stored your User Content.

Region 16 ESC reserves the right, but has no obligation, to monitor the User Content you post on the Website. Region 16 ESC has the right to remove any such information or material for any reason or no reason, including, without limitation, if in its sole opinion, such information or material violates, or may violate, any applicable law or our Terms of Use, or to protect or defend Region 16 ESCs rights or property or those of any third party. Region 16 ESC also reserves the right to remove information upon the request of any third party.

Region 16 ESC may use certain information about you and/or your User Content without identifying you as an individual to third parties. We do this for purposes such as analyzing how the Website is used, diagnosing service or technical problems, maintaining security, and personalizing advertisements and promotions.

How We Share Your Information

Personally Identifiable Information: In certain circumstances, we may share your personal information with our trusted partners.

  • Third Party Service Providers : We may disclose potentially personally-identifying and personally-identifying information to those of our employees, contractors (including website operators), affiliated organizations, service providers, distributors, promotional partners and other third parties that: (1) provide support services to us such as shipping, webhosting, web analytics (including analysis of online activity over time and across websites), mailing, emailing, etc.; (2) market or promote our products and services; (3) administer our programs and operations; (4) fulfill your requests and orders; or (5) process any other information on our behalf to provide services available at our Website. We may store personal information in locations outside the direct control of Region 16 ESC (for instance, on servers or databases co-located with hosting providers). These service providers only receive personal information, if such information is needed to perform their function(s), and they are not authorized to use any personal information for any purpose(s) other than the purpose(s) set forth by Region 16 ESC.
  • Special Events, Promotions and Partnerships with Third Parties : From time to time, we may join with third parties to provide specific services or products, special events or promotions (such as surveys, contests or sweepstakes). If you choose to sign up for such services, order these products, or participate in a special event or promotion, Region 16 ESC may share your personal information with third party partners. We will share only the information that is necessary for the third parties to provide these services or products or otherwise participate in or administer the applicable event. Unless we tell you otherwise, these third parties will not use your personal information for any other purpose other than to provide these services or products or conduct the event. However, we do not undertake to confirm, investigate, or police the practices of these third parties.
  • Compliance with Law and Fraud Protection : We may, and you authorize us to, use and disclose any information: (1) we deem necessary, in our sole discretion, to comply with any applicable law, regulation, governmental request or legal process served on us or our affiliates; (2) to investigate, prevent or take action regarding suspected or actual illegal activities; (3) to enforce our Terms of Use, take precautions against liability, investigate and defend ourselves against any third party claims or allegations, assist government enforcement agencies, or protect the security or integrity of our Website; (4) to exercise or protect the rights, property, or personal safety of Region 16 ESC, our users or others; (5) to other companies and organizations for credit fraud protection and risk reduction; and (6) to enforce any agreement we have with you.
  • Business Transfer : As we develop our business, we may buy or sell assets or business offerings. Customer, email, and visitor information is generally one of the transferred business assets in these types of transactions. We may also transfer such information in the course of corporate divestitures, mergers, or dissolution.

We fully cooperate with law enforcement agencies in identifying those who use our Website or services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful, as determined in our sole discretion. Release of your personal information for security purposes, as described in this Policy to any person or entity under any circumstances, including, without limitation, in connection with any government investigation or litigation, shall be based on a determination made solely by us, exercising our own discretion, permission for which is expressly granted by you to us in accordance with this Policy.

Non-Personally Identifiable Information: We may share non-personally identifiable information (such as anonymous usage data, referring/exit pages and URLs, platform types, number of clicks, etc.) with interested third parties to help them understand the usage patterns for certain services.

Region 16 ESC may allow other companies, called third party ad servers or ad networks, to serve advertisements on the Website. These third party ad servers or ad networks use technology to directly send to your browser the advertisements and links that appear on the Website. They automatically receive your IP address when this happens. They may also use other technologies (such as cookies, JavaScript, or Web Beacons) to measure the effectiveness of their advertisements and to personalize the advertising content.

Region 16 ESC does not provide any personally identifiable information to these third party ad servers or ad networks without your consent. However, please note that if an advertiser asks Region 16 ESC to show an advertisement to a certain audience and you respond to that advertisement, the advertiser or ad-server may conclude that you fit the description of the audience they are trying to reach.

You should consult the respective privacy policies of these third party ad servers or ad networks. This Policy does not apply to, and we cannot control the activities of, such advertisers.

How We Protect Your Information

Region 16 ESC uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information consistent with industry standards. For example, we use encryption, passwords, and physical security measures to help protect your personal information against unauthorized access and disclosure. The security of your personal information is important to us, but please remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially reasonable means to protect your personal information, we cannot ensure or warrant the absolute security of any information you transmit to Region 16 ESC or the Website, and you do so at your own risk. Once we receive your transmission of information, Region 16 ESC makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. While we strive to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online.

Compromise of Personal Information

In the event that personal information is compromised as a result of a breach of security, Region 16 ESC will promptly notify those persons whose personal information has been compromised, in accordance with the notification procedures set forth in this Policy, or as otherwise required by applicable law.

Links to Other Websites and Social Media

We are not responsible for the practices employed by websites linked to or from our Website nor the information or content contained therein, and we make no warranty, either express or implied, concerning the content of any such site, including the accuracy, completeness, reliability, or suitability thereof for any particular purpose, nor do we warrant that any such site or content is free from any claims of copyright, trademark, or other infringement of the rights of third parties, or that any such site or content is devoid of viruses or other contamination. Region 16 ESC may provide links to other websites to you solely as a convenience, and the inclusion of linked sites does not imply endorsement by Region 16 ESC of any of the linked sites. Please remember that when you use a link to go from our Website to another website, our Policy is no longer in effect. Your browsing and interaction on any other website, including those that have a link on our Website, is subject to that websites own rules and policies. Please read over those rules and policies before proceeding. We do not ensure the security of your personal information if you visit websites not belonging to Region 16 ESC. We further reserve the right to terminate a link to a third party site at any time.

We sometimes use third party social media content we obtain from social media platforms, such as Twitter, Pinterest, Facebook and Instagram, on our Website. The privacy protections provided on these third party social media platforms and sites are not part of our Policy and may differ from the privacy protections described in this Policy. If you upload content related to Region 16 ESC or our products on third party social media platforms or sites that share information with the general public, user community, and/or other third party sites, it may be used or shared by us on our Website or our social media platforms to promote our Region 16 ESC products and services. Consequently, you should review the privacy policies of these third party sites before using them and ensure that you understand how your content may be used.

Notification Procedures

It is our policy to provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our Website page, as determined by Region 16 ESC in its sole discretion. We reserve the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in this Policy.

Your Choices, Opting-Out and Reviewing or Making Changes to Your Information

By providing Region 16 ESC your email address, you consent to our use of your email address to send you Website and service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, including, but not limited to, newsletters, payment information, credit card update notifications, account status, legal updates, changes to features of the Website or services, product updates, special offers or promotions, or other account information.

If you do not want to receive such email messages, you may opt out by: (1) selecting unsubscribe on our subscription status page and entering the requested information or following the unsubscribe instructions in any of our promotional emails if such unsubscribe status page is operational; or (2) sending a written request to the postal or email address set out below. Opting out may prevent you from receiving email messages regarding updates, improvements, promotions or offers. You may not opt out of service-related emails. Opting out does not affect our communications with you via telephone or email related to any orders with us nor does it affect our use of your non-personally identifiable information as described in this Policy.

To the extent you are receiving SMS Messaging from Region 16 ESC, you may opt out by replying to any message we send you with the word STOP or by contacting us at the phone number listed below. To the extent you receive notifications from any of our applications, you may opt out of receiving push notifications on your mobile device through your account and device settings.

NOTE: Please allow up to ten (10) business days for us to process your request. We may continue to send you transactional or operational communications.

You can update or change your TexBuySellorTrade.net address, email or password by logging into your account and following the instructions. Additionally, you can ask to review, update or make changes to the personal information we maintain about you at any time by sending a written request to the postal or email address set out below, or by following the instructions in any promotional email you receive from us. We may take a reasonable period of time to respond. If you request the deactivation or change of information on our system, such information may be retained in our backup systems for a period of time subject to technology restrictions, or as a precaution against systems failures. Some information may be retained for longer periods as required by law, contract or auditing requirements or as otherwise described in this Policy.

Changes to Our Privacy Policy

It is our policy to post any changes we make to our Policy on this page. The date the Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this Policy to check for any changes.

Contact Us

If you have any questions about this Policy, the practices of this Website, your dealings with this Website, or wish to update us with your preferences, you may contact us using one of the following methods:

Call: 806-677-5000
Email: info@Region 16 ESC.com
Send mail to:
Region 16 ESC, d.b.a. TexBuySellorTrade.net
Attn: Chief Financial Officer
5800 Bell Street, Amarillo, TX 79109-6230