Terms and Conditions
Generation TX – San Antonio, Corp. (“GenerationTX”) maintains this website, including related features, products, and services (collectively, the “Site”).
GenerationTX may revise this Agreement from time to time. Although GenerationTX may include a notice on the home page of the Site that the Agreement has been modified, such notice may not remain in place for any extended period of time. Accordingly, you should review the Agreement as posted on the Site from time to time. Using the Site after any revised Agreement has been posted will constitute your acceptance of the revised terms.
Purpose of the Site
The Site provides a platform that gives teachers access to high-quality lesson plans, teaching resources, and other digital content (collectively, the “Content”). By using the Site, you acknowledge that GenerationTX disclaims any responsibility for or liability related to your use of the Site or Content (see “Disclaimer of Warranties” below).
Lawful Use; Use by Minors
Your access to and use of the Site is subject to all applicable international, federal, state and local laws and regulations. You represent and warrant that you will not use the Site in any manner or for any purposes that are unlawful or prohibited by this Agreement.
The Site is not targeted towards, nor intended for use by, anyone under the age of 18. By using the Site, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not use, access, or register for the Site. GenerationTX reserves the right to terminate your membership in the event that GenerationTX becomes aware you are under 18.
Certain features and services on the Site may require that you first register by creating a User Account. You are responsible for safeguarding the password that you use to access your User Account, and it is recommended that you choose a strong password, i.e., a password of sufficient length and complexity such that third parties will not readily guess your password. You should take measures to maintain and preserve the confidentiality of the username and password associated with your User Account, and you must notify GenerationTX promptly of any unauthorized use or suspected breach of security of your User Account. GenerationTX shall not be liable for any losses that may result from any unauthorized use of your User Account or failure to maintain appropriate confidentiality measures. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your User Account, whether or not you have authorized such activities or actions. GenerationTX shall own all right title and interest to your User Account and reserves the right to suspend or revoke your User Account at any time.
You shall not access or attempt to access a User Account that you are not authorized to access.
Links to and from Other Sites
Portions of the Site may include links to third-party websites. In addition, you may have entered the Site via links on other third-party websites. Such links are provided or permitted to exist as a convenience measure, and GenerationTX is not responsible for the information, advertising, products, services, content, or other material of any third-party website, regardless of whether such third-party website links to the Site or is accessible by a link from the Site. The inclusion and use of links does not imply sponsorship or endorsement by GenerationTX of any third-party website.
Use of “Cookies” and Similar Tools
You understand and agree that GenerationTX may store information on your computer in the form of a “cookie” or similar tool for purposes of improving the functionality of the Site.
Disclaimer of Warranties
GenerationTXdoes not warrant that the Content, regardless of its source, is accurate, complete, reliable, noninfringing or current. The Site is provided for informational purposes only and does not constitute an endorsement by GenerationTX of any Content. You should not rely on such information in situations where its inaccuracy would cause you to suffer any loss. GenerationTX assumes no liability for inaccuracy or incompleteness in the Content.
GENERATIONTX DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME GENERATIONTX MAY REMOVE THE CONTENT FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE CONTENT AT ANY TIME, WITHOUT NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE CONTENT IS AT YOUR SOLE RISK. ALL CONTENT DELIVERED TO YOU THROUGH THE SITE ARE (EXCEPT AS EXPRESSLY STATED BY GENERATIONTX) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
IN NO CASE SHALL GENERATIONTX, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR GENERATIONTX BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE CONTENT OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, GENERATIONTX’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW, OR $100, WHICHEVER IS LESS.
GENERATIONTX DOES NOT REPRESENT OR GUARANTEE THAT THE CONTENT WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND GENERATIONTX DISCLAIMS ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY CONTENT OBTAINED FROM THE WEBSITE.
BY USING THE SITE OR CONTENT, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD GENERATIONTX, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND GENERATIONTX HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, OR YOUR USE OF THE SITE OR CONTENT, INCLUDING ANY CLAIMS ARISING FROM THE NEGLIGENCE OF GENERATIONTX, WHETHER IN OPERATION OF THE SITE OR AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM GENERATIONTX, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND GENERATIONTX AS A RESULT OF ITS DECISION TO REMOVE ANY CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SITE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF GENERATIONTX’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
Requirements for use of the content
The Content is available to you only in the United States and its territories. You agree not to use or attempt to use the Content from outside these locations. GenerationTX may use technologies to verify your compliance.
Use under license
By viewing and/or downloading the Content, you are granted a limited, non-exclusive, non-transferrable license to use the Content for personal, noncommercial use. This license is subject to the License Limitations set forth below.
You agree that the Content may include security technology that limits your use of Content and that, whether or not Content is limited by security technology, you shall use Content in compliance with the applicable License Limitations established by GenerationTX and its licensors, and that any other use of the Content may constitute copyright infringement. Any security technology is an inseparable part of the Content. Violations of system or network security may result in civil or criminal liability.
GenerationTX reserves the right to modify the License Limitations at any time. License Limitations may be controlled and monitored by GenerationTX for compliance purposes, and GenerationTX reserves the right to enforce the License Limitations without notice to you.
The delivery of Content does not transfer to you any ownership rights in the Content.
You shall be authorized to use Content only for personal, noncommercial use.
You agree not to modify the Content in any manner or form, or to use modified versions of the Content.
You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology associated with the Content for any reason—or to attempt or assist another person to do so.
You shall only be authorized to copy, store, and “burn” the Content as reasonably necessary for your personal, noncommercial use. For example, the Content may be copied for purposes of creating fail-safe copies (“back-ups”) of the same. Any burning or exporting capabilities are solely an accommodation to you and shall not constitute a grant, waiver, or other limitation of any rights of the copyright owners in any content embodied in any Content.
You understand that by using the Content, you may encounter material that you may deem to be offensive, indecent, or objectionable, and that such Content may or may not be identified as having explicit material. Nevertheless, you agree to use the Content at your sole risk and GenerationTX shall have no liability to you for material that may be found to be offensive, indecent, or objectionable. Content descriptions are provided for convenience, and you agree that GenerationTX does not guarantee their accuracy.
You agree that the Content contains proprietary information and material that is owned by GenerationTX and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use the Content in any way whatsoever except for use in compliance with this Agreement. No portion of the Content may be reproduced in any form or by any means, except as expressly permitted by this Agreement. You agree not to modify, rent, lease, loan, sell, distribute, publicly display, or create derivative works based on the Content in any manner, and you shall not exploit the Content in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.
All copyrights in and to the Content are owned by GenerationTX and/or its licensors, who reserve all their rights in law and equity. THE USE OF THE CONTENT, EXCEPT FOR USE OF THE CONTENT AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
GenerationTX is committed to complying with U.S. copyright law. The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for owners of copyrighted material who believe that their rights under U.S. copyright law have been infringed on the Internet. Under the DMCA, copyright owners may contact the authorized agent of an Internet service provider to report alleged infringements of their protected works appearing on web pages hosted by the service provider. Upon receipt of a properly filed complaint satisfying the requirements of the DMCA, GenerationTX will remove or block access to the allegedly infringing material hosted by GenerationTX. If you believe in good faith that a notice of copyright infringement has been wrongly filed, you may submit a counter-notification to GenerationTX. GenerationTX customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at GenerationTX’ sole discretion. GenerationTX will not be a party to disputes over alleged copyright infringement. If you believe that your copyrights have been infringed, or if a notice of copyright infringement has been filed against you, we advise that you seek legal counsel. We are providing the following information to you for informational purposes only.
Notification of Claimed Copyright Infringement
If you believe that a web page or other material hosted by GenerationTX is violating your rights under U.S. copyright law, you may file a complaint of such claimed infringement with GenerationTX’ designated agent in the manner described below. GenerationTX’s agent designated to receive DMCA notifications may be contacted by email at the following address: firstname.lastname@example.org.
For your complaint to be valid under the DMCA, you must provide the following information when providing notice of the claimed copyright infringement:
a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
identification or description of the copyrighted work or other intellectual property that you claim has been infringed. If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, trademark or patent);
identification or description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on the Site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the use of the material complained of is not authorized by the copyright or intellectual property owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
You should be aware that, under the DCMA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys’ fees. For more details on the information required for valid DMCA notification, see 17 U.S.C. 512(c)(3).
After receiving a notification of alleged infringement, GenerationTX will remove or disable access to the material hosted by GenerationTX that is claimed to be infringing or claimed to be the subject of infringing activity. At the same time, GenerationTX will provide the Internet service account holder(s) affected with a copy of the notice. Notified users may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. Please be advised that you may be held liable for damages if you make material misrepresentations pursuant to federal law in the counter notification. When we receive a counter notification, we may reinstate the material in question.
To file a counter-notification, notified users must provide a written communication with GenerationTX designated agent in the manner described below. GenerationTX’s agent designated to receive DMCA counter-notifications may be contacted by email at the following address: email@example.com.
For your counter-notification to be valid under the DMCA, you must provide the following information:
Identify the material that GenerationTX has removed or to which GenerationTX has disabled access and the location at which the material appeared before it was removed or access to it was disabled.
Provide your name, postal address, telephone number, email address, and a statement that you consent to the jurisdiction of the Federal District Court for the district in which your address is located, or if your address is outside of the United States, the judicial district in which GenerationTX is located (the Western District of Texas), and that you will accept service of process from the person who provided the initial notification of infringement or an agent of such person.
Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the removed material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
Sign the paper or affix an electronic or digital signature to the communication in a form reasonably acceptable to GenerationTX.
Upon receipt of a counter-notification in compliance with the DMCA, GenerationTX will provide the person who provided the initial notification of claimed infringement with a copy of the counter-notification promptly.
After receipt of the counter-notification, GenerationTX will generally replace the removed material and cease disabling access to it, unless GenerationTX’s designated agent first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order regarding the removed material.
Governing Law; Disputes; Enforceability
These Terms and the relationship between you and GenerationTX will be governed by the laws of the State of Texas, USA (or applicable federal law), without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the state and federal courts located in Texas, and waive any objections thereto. You further agree that any dispute arising from or related to your use of the Site must be brought exclusively in the state or federal courts located in Bexar County, Texas, unless a Texas mandatory venue statute applies to the dispute, in which case the Texas county of mandatory venue shall be the exclusive jurisdiction for such dispute. You expressly consent to the personal jurisdiction of such courts and waive all objections hereto. If any provision of this Agreement shall be determined to be void or unenforceable in whole or in part, the remaining provisions of this Agreement shall not be affected thereby and shall remain in force and effect.
GenerationTX may assign this Agreement and its rights and obligations hereunder to an affiliated company or, in the event of a merger or acquisition of GenerationTX or the sale of substantially all of GenerationTX’s assets related to the services being provided to you, to the surviving or successor entity with reasonable notice to you. You may not assign this Agreement or the rights and obligations hereunder without the prior written consent of GenerationTX.
The term of this Agreement shall commence upon your first use of the Site, and shall continue (i) as long as you or any persons given access by you retain access rights to the Site, or (ii) until GenerationTX ceases to operate the Site or closes your User Account. GenerationTX shall not have any ongoing obligation to provide the Site; thus, GenerationTX may cease to operate the Site at any time and for any reason. Without limiting the foregoing, GenerationTX may cease to provide your User Account in the event of: (i) any dispute or termination of GenerationTX’s relationship with you; (ii) any dispute concerning ownership or control of your User Account; or (iii) use of your User Account in a manner that GenerationTX, in its sole discretion, considers improper or unacceptable. If you fail, or GenerationTX suspects that you have failed, to comply with any of the provisions of this Agreement, GenerationTX, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your account; and/or (ii) terminate the license to the Content; and/or (iii) preclude access to the Content (or any part thereof).
GenerationTX reserves the right to limit the period of time during which GenerationTX may make any User Content pertaining to you available on the Site. The Site should not be viewed as your backup, archival or storage service with respect to any User Content.
GenerationTX reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Site and Content. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Site will be deemed acceptance thereof. The version of the Agreement in force at the time you access, view, and/or download one or more of the Content shall govern the use of that particular Content.
Information We Collect
GenerationTX does not collect personal information unless you voluntarily provide it to us. We do, however, collect certain types of information and ask for personal information in certain circumstances, such as when you set up a User Account or search for particular Content on the Site. The following sections describe the type of information we collect and how we collect it.
- Information You Give Us. All users may visit the public areas of the Site without disclosing any personal information about themselves. However, in order to use certain Site Features, you may be asked for, or you may choose to provide, certain personally identifiable information (“PII”), such as your name, email address, mailing address, phone number and similar information. We will not collect PII from you while you use the Site Features unless you voluntarily provide it to us or authorize us to collect such information. When you complete a registration form to create a User Account, we require you to provide us with relevant PII.
- Log Information. Our servers automatically track certain information about you as you use our Site. This information may include the URL that you just came from, which URL you go to next, what browser you are using, and your IP address. Our site logs do generate certain kinds of non-identifying site usage data, such as the number of hits and visits to our Site. This information is used for internal purposes by technical support staff to provide better services to the public and may also be provided to others, but the statistics contain no personal information and cannot be used to gather such information.
- Usage Activity. When you use the Site Features we may track your usage history, including search history and the particular content you viewed. This usage history will be used for your convenience, so that you can easily access past searches and content of interest.
Sharing of Information
We may use personal information that you provide to us to personalize your profile information, maintain, customize and add new resources and services, and allow communication and interaction between you and GenerationTX, and between GenerationTX and its operating personnel. In addition, we will share the personal information we collect from you under the following circumstances:
- Direct Communication. We may send emails or regular mail to you in connection with your relationship with us. You may also provide your address information for inclusion on our email or regular mail lists. GenerationTX or one of GenerationTX’s affiliated service providers may contact you by phone, email, or regular mail in connection with the provision of the Site or in response to an inquiry from you. If you do not wish to receive special offers or promotional mailings, you may be removed from our email or regular mail lists through the use of any of the “Control of Your Information & Opt-Out Methods” listed below.
- Reputable Marketers. Some of the information we collect may be shared with other reputable marketers to bring you offers of interest, and, if personally identifiable information is collected in connection with a joint promotion, it may be provided to that joint promoter for marketing and research purposes. If you prefer that we do not share your name and address with other reputable marketers, you may contact us using the “Control of Your Information & Opt-Out Methods” listed below and request that your name be marked as “do not share.”
- Asset Transfers. If we become involved in a merger, acquisition or other transaction involving the sale of some or all of GenerationTX’s assets, user information, including personal information collected from you through your use of the Site Features, could be included in the transferred assets. Visitors to the Site will be notified via a prominent notice on the Site for thirty (30) days prior to a change of ownership or control of user information held by us.
In addition, we may share with third parties user information in the form of aggregated non-personal information. This non-identifying information may include, for example, the patterns, trends, preferences, and other collective characteristics of our users. Disclosure of this information serves to help us and our marketing partners evaluate and tailor our communications, advertisements, services and general business practices to the needs of users of the Site Features.
Control of Your Information & Opt-Out Methods
You may request us to correct, update or delete any of the information we have collected from you by sending an email to us at firstname.lastname@example.org and we will attempt to fulfill your request. We may choose not to fulfill any request that we determine is unreasonable, unduly burdensome or impractical or that constitutes a threat to the privacy or rights of others. You may also request to be removed from any of our email lists by clicking on an unsubscribe link where provided on our emails and following the related instructions. Should you have any questions or concerns regarding personal information or privacy-related issues, please contact us by sending an email to email@example.com.
The personal information that you provide to us is stored on servers, which are located in secured facilities with restricted access, and protected by protocols and procedures designed to ensure the security of such information. In addition, we restrict access to personal information to GenerationTX employees, independent contractors and agents who need to know this information in order to develop, operate and maintain the Site Features. All GenerationTX personnel who have access to this information are trained in the maintenance and security of such information. However, no server, computer or communications network or system, or data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect user information, we cannot ensure or warrant the security of any information you transmit to us or through the use of any of the Site Features and you acknowledge and agree that you provide such information and engage in such transmissions at your own risk. Once we receive a transmission from you, we will endeavor to maintain its security on our systems.
The Site is not targeted towards, nor intended for use by, anyone under the age of 18. The provision of personally identifiable information by children on the Site is strictly prohibited. We encourage parents to supervise and participate in their children’s Internet activities, and we urge children to exercise caution and consult their parents before providing any personally identifiable information on the Internet.
Notification of Changes
Questions? Contact Us
Terms of Service