THE FOLLOWING TERMS AND CONDITIONS GOVERN YOUR USE OF THIS WEB SITE. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING THIS WEB SITE. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU ARE NOT GRANTED PERMISSION BY TEXAS NATIONALIST MOVEMENT TO ACCESS OR OTHERWISE USE THIS WEB SITE. BY PROCEEDING TO ACCESS THIS WEB SITE, YOU ACCEPT AND AGREE TO BE LEGALLY BOUND BY THESE TERMS.
The TNM User Agreement
Welcome to the Texas Nationalist Movement (“TNM”) web site (also referred to as the “Site”). This Agreement contains the terms, covenants, conditions, and provisions (the “Terms and Conditions”) upon which you (the “User,” “You” or “Your”) may access and use this Site.
Web Site Terms Last Updated: 10/21/2020
Terms and Conditions
By accessing, viewing, or using this Site, You indicate that You understand and intend these Terms and Conditions to be the legal equivalent of a signed, written contract and equally binding, and that You accept such Terms and Conditions and agree to be legally bound by them. Please note that TNM reserves the right to change the Terms and Conditions under which this Site and its offerings are extended to You. Your continued use of this Site following such modifications will be conclusively deemed acceptance by You of any changes to these Terms and Conditions. TNM will provide reasonable notice that these Terms and Conditions have been changed on our web site; please watch for such notices on this page.
I. License Grant
This Agreement provides You with a personal, revocable, nonexclusive, nontransferable license to use this Site conditioned on Your continued compliance with the Terms and Conditions of this Agreement. You may print and download materials and information on this Site solely for personal and noncommercial use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. As a further condition of use of this Site, You warrant to TNM that You will not use this Site for any purpose that is unlawful or otherwise prohibited by these Terms and Conditions.
II. Corrections and Changes
While TNM endeavors to keep the materials on the Site up to date, TNM cannot and does not assume responsibility for any errors or omissions in these materials. TNM further does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these materials. TNM may make changes to these materials, or to the products or services described herein, at any time without notice, and makes no commitment to update the information contained herein. If You do become aware of an error, please contact us at [email protected] TNM reserves the right to terminate Your access to the Site in the event that you violate these Terms and Conditions, or for any reason whatsoever.
III. Confidentiality of Site
While TNM has endeavored to create a secure and reliable Site, please be advised that the confidentiality of any communication or material transmitted to/from this Site over the Internet cannot be guaranteed. Accordingly, TNM and its Affiliates are not responsible for the security of any information transmitted via the Internet. You assume the sole and complete risk for using this Site.
V. Disclaimer of Warranty and Limitation of Liability
Use of this Site is entirely at Your own risk and is subject to all applicable state, national and international laws and regulations.
ALL MATERIALS ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to You.
NEITHER TNM NOR ITS AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, WHETHER UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR ACCESS TO, OR USE OF, THE SITE; (B) ANY PRODUCTS, SERVICES, INFORMATION, ACTIVITIES, AND/OR MATERIALS AVAILABLE ON OR THROUGH THE SITE; (C) ANY BREACHES OF SECURITY INVOLVING THE SITE OR YOUR ACCOUNT, OR ANY LACK OF AVAILABILITY OR OPERATIONAL PROBLEM OF, THE SITE; OR (D) ANY VIRUSES OR OTHER CODE THAT MAY AFFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOUR USE OF THE SITE. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
VI. Third Party Information
Certain information from third parties or independent information providers (“info providers”), providing information relating to their services may be made available on or through links from this Site. Such information is provided “as is” and on an “as available” basis. TNM makes no representation about, nor does TNM guarantee or endorse the reliability of the information. Likewise, TNM does not endorse, oppose or edit any opinion or analysis expressed by any third-party information provider.
VII. Third Party Web Sites
TNM may provide links, in its sole discretion, to other sites on the World Wide Web for Your convenience in locating related information and services. These sites have not necessarily been reviewed by TNM and are maintained by third parties over which TNM exercises no control.
TNM MAKES NO WARRANTY OF ANY KIND IN CONNECTION WITH ANY THIRD PARTY SITE OR ANY INFORMATION, PRODUCTS, SERVICES, OR MATERIALS AVAILABLE ON OR THROUGH ANY THIRD PARTY SITE.
TNM does not endorse, and shall not be liable in connection with, the content, the accuracy of the information, and/or quality of products or services provided by or advertised on these third-party web sites. Use of third party sites is at Your own risk.
VIII. Advertisers on this Site
TNM, in its sole discretion, may post the advertisements of third parties on this Site. Your correspondence or any other dealings with advertisers found on this Site are solely between You and such advertiser. You agree that TNM shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers on this Site. Moreover, TNM shall not be responsible or liable for the statements or conduct of any third party on this Site. You shall not knowingly or intentionally interfere with the display of such advertisements.
IX. Code of Conduct
You agree not to do the following:
Restrict or inhibit any other user from using and enjoying the Site. This includes, without limitation: (a) using, or attempting to use, any account without the owner’s permission, (b) obtaining or soliciting another person’s password or other personal information under false pretenses, or (c) impersonating another user or otherwise misrepresenting Yourself to TNM, the Site’s systems, or other entities.
Interfere (or attempt to interfere) with the operation of the Site. This includes, without limitation, (a) interfering with, defeating, or circumventing any security function of the Site, or attempting to do so, or (b) accessing, or attempting to access, any portion of the Site that You are not authorized to access. Unauthorized access (or attempts) may subject You to civil and/or criminal penalties.
Post, store, or transmit any unlawful, threatening, defamatory, obscene, inflammatory, pornographic, profane, or otherwise objectionable (as determined by TNM) information or material.
Post, store, or transmit any information or material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
Post, store, or transmit any advertising, promotion, or solicitation of goods or services for commercial purposes except in any areas of the Site specifically designated for such purpose (and subject to applicable Site rules).
Use the Site to post, store, or transmit any information or software that contains a virus, worm, Trojan horse, or other harmful or disruptive component.
Use the Site to post, store, or transmit materials in violation of another party’s copyright or other intellectual property rights. You are solely responsible for determining whether any material You post, store, or transmit is subject to a third party’s rights;
Use the Site for any unlawful purposes.
Modify, adapt, sublicense, translate, resell, retransmit, reverse engineer, decompile or disassemble any portion of the Site.
X. Law Enforcement
Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution. For Your protection, TNM reserves the right to view, monitor, and record activity on the Site without notice or permission from You. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on the Site. TNM will also comply with all court orders involving requests for such information.
XI. Term and Termination
This Agreement will take effect at the time You begin using this Site (thereby indicating acceptance of these Terms and Conditions). TNM reserves the right at any time and for any reason to deny You access to the Site or any portion thereof, and to terminate this Agreement. Termination will be effective without notice.
TNM welcomes Your feedback and suggestions about how to improve this Site. Any ideas, suggestions, information, know-how, material, or other content (collectively, “content”) received through this Site, however, will be deemed to include a royalty-free, perpetual, irrevocable, transferable, worldwide, nonexclusive right and license for TNM to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display, (in whole or part), or act on such content without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content. TNM may refuse to post, or may remove at any time, any content received through this Site for any reason.
XIV. Digital Millenium Copyright Act
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under US copyright law. TNM reserves the right to remove any material on the Site which allegedly infringes another person’s copyright. Notices to TNM regarding any alleged copyright infringement on the Site should be directed to:
Texas Nationalist Movement PO Box 403 Nederland, TX 77627
XV. Password Policy
Your use of certain portions of this Site may require a password. Anyone with knowledge of Your password can gain access to the restricted portions of this Site and the information available to You. Accordingly, You must keep Your password secret. By agreeing to these Terms and Conditions, You agree to be solely responsible for the confidentiality and use of Your respective password, as well as for any communications entered through the Site using Your password. You must also immediately notify TNM if You become aware of any loss or theft of Your password or any unauthorized use of Your password. TNM reserves the right to delete or change a password at any time and for any reason.
XVI. Limitation of Service
TNM reserves the right to limit, in its sole discretion, the availability of the Site and/or the provision and quantity of any product, service, and/or information to any person, geographic area, or jurisdiction it so desires. Any offer for any service, and/or information made in connection with the Site is void where prohibited.
You agree to defend, indemnify, and hold harmless TNM and its Affiliates and all of their employees, agents, directors, officers, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from Your use of the Site, any breach by You of this Agreement, or any other matter for which You are responsible hereunder or under law.
Failure to insist on strict performance of any of the Terms and Conditions of this Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver by TNM of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
XIX. Governing Law & Dispute Resolution
Any disputes arising in connection with these Terms and Conditions shall be resolved by binding arbitration in the State of Texas by a single arbitrator under the Commercial Arbitration Rules of the American Arbitration Association. The award shall be enforceable in any court having jurisdiction thereof. The validity, construction, and performance of these Terms and Conditions Agreement shall be construed in accordance with the laws of the State of Texas.
This Site is controlled and operated by TNM from its offices within the United States. TNM makes no representation that materials on the Site are appropriate or available for use in other locations, and access to them from territories where any of the contents of this Site are illegal is prohibited. If You choose to access this Site from other locations, You do so on Your own volition and are responsible for compliance with any applicable local laws.
XX. Costs & Attorneys’ Fees
In any action to enforce this Agreement, the prevailing party will be entitled to reasonable costs and attorneys’ fees.
If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.
XXII. No Agency
No joint venture, partnership, employment, or agency relationship exists between you and TNM as a result of this Agreement or Your utilization of this Site. You agree to the terms of service from our partners from whom we may utilize API’s to serve you content.
XXII. Entire Agreement/Reservation of Rights
Collection of your Personal Information In order to better provide you with products and services offered on our Site, TNM may collect personally identifiable information, such as your:
First and Last Name
If you purchase TNM’s products and services, we collect billing and credit card information. This information is used to complete the purchase transaction.
TNM may also collect anonymous demographic information, which is not unique to you, such as your:
Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through TNM’s public message boards, this information may be collected and used by others.
We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain products or services available on the Site. These may include: (a) registering for an account on our Site; (b) entering a sweepstakes or contest sponsored by us or one of our partners; (c) signing up for special offers from selected third parties; (d) sending us an email message; (e) submitting your credit card or other payment information when ordering and purchasing products and services on our Site. To wit, we will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non-personal information in the future.
Use of your Personal Information TNM collects and uses your personal information to operate its website(s) and deliver the services you have requested.
TNM may also use your personally identifiable information to inform you of other products or services available from TNM and its affiliates.
Sharing Information with Third Parties TNM does not sell, rent or lease its customer lists to third parties.
TNM may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. TNM may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to TNM, and they are required to maintain the confidentiality of your information.
TNM may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on TNM or the site; (b) protect and defend the rights or property of TNM; and/or (c) act under exigent circumstances to protect the personal safety of users of TNM, or the public.
Tracking User Behavior TNM may keep track of the websites and pages our users visit within TNM, in order to determine what TNM services are the most popular. This data is used to deliver customized content and advertising within TNM to customers whose behavior indicates that they are interested in a particular subject area.
Automatically Collected Information Information about your computer hardware and software may be automatically collected by TNM. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the TNM website.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize TNM pages, or register with TNM site or services, a cookie helps TNM to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same TNM website, the information you previously provided can be retrieved, so you can easily use the TNM features that you customized.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the TNM services or websites you visit.
Links This website contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.
Security of your Personal Information TNM secures your personal information from unauthorized access, use, or disclosure. TNM uses the following methods for this purpose:
When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.
We strive to take appropriate security measures to protect against unauthorized access to or alteration of your personal information. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) security, integrity, and privacy of any and all information and data exchanged between you and us through this Site cannot be guaranteed.
Right to Deletion Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:
Delete your personal information from our records; and
Direct any service providers to delete your personal information from their records.
Please note that we may not be able to comply with requests to delete your personal information if it is necessary to:
Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
Debug to identify and repair errors that impair existing intended functionality;
Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;
Comply with the California Electronic Communications Privacy Act;
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;
Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
Comply with an existing legal obligation; or
Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.
Children Under Thirteen TNM does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.
E-mail Communications From time to time, TNM may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication. In order to improve our Services, we may receive a notification when you open an email from TNM or click on a link therein.
If you would like to stop receiving marketing or promotional communications via email from TNM, you may opt out of such communications by clicking unsubscribe links included in emails or emailing [email protected]
External Data Storage Sites We may store your data on servers provided by third party hosting vendors with whom we have contracted.
Contact Information TNM welcomes your questions or comments regarding this Statement of Privacy. If you believe that TNM has not adhered to this Statement, please contact TNM at:
Texas Nationalist Movement PO Box 403 Nederland, Texas 77627