Privacy Policy - Updated February 9, 2024

Introduction

Texans for Educational Freedom (“Texans for Educational Freedom," “we,” “us,” or “our”) respects your privacy and is committed to protecting it.

This policy describes the types of information we may collect from you or that you may provide when you visit and use the website texansforeducationalfreedom.com (our “Website”) and/or any of our applications, and our practices for collecting, using, maintaining, protecting, and disclosing that information.

PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY ACCESSING AND USING THIS WEBSITE OR USING OUR SERVICES, AS APPLICABLE, YOU AGREE TO BE BOUND BY THIS PRIVACY POLICY IN ITS ENTIRETY. IF YOU DO NOT AGREE WITH THE TERMS IN THIS POLICY, PLEASE DO NOT USE OUR PLATFORM. Our Website is brought to you by us. This privacy policy provides information about our policies and procedures regarding the collection, use, and disclosure of personal information through the Platform from visitors and users of the Platform (the “Privacy Policy”), and is incorporated into and part of our Terms and Conditions, which govern your access to the Platform and/or your use of the Website and the services made available on or through the Platform, including when you access, use, or download any products, services, features, content, widgets, materials, or other tools offered by Texans for Educational Freedom (collectively, the “Service”).

Unless otherwise defined herein, capitalized terms have the meanings given in the Terms and Conditions.

Children Under the Age of 13

Texans for Educational Freedom do not knowingly collect personal information from children under 13. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at support@texansforeducationalfreedom.com

Information We Collect About You and How We Collect It

As you use Texans for Educational Freedom's Website, Texans for Educational Freedom collects certain information about you, including information that can be used to identify you (alone or in combination with other information).

This information may include your name, postal address, e-mail address, or telephone number, technical data such as IP address and login data, your marketing and communications preferences, and information about your internet connection, the equipment you use to access our Website and usage details.

We collect this information (i) directly from you when you provide it to us; (ii) automatically as you navigate through the site; (iii) from third parties, for example, our business partners and clients. Information collected automatically may include usage details, IP addresses, and information collected through cookies. The technologies we use for automatic data collection may include:

Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies.
Web Beacons. Pages of our Website may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit Texans for Educational Freedom, for example, to count users who have visited those pages and for other related website statistics.

How We Use Your Information

SMS opt-in consent and data will not be shared with third parties. We use information that we collect about you or that you provide to us, including any personal information to present our Website and its contents to you; to provide you with information, products, or services that you request from us; to provide you with notices about your account or subscription, including expiration and renewal notices; to notify you about changes to our Website or any products or services we offer or provide though it; to comply with our legal and regulatory obligations; and/or for any other purpose with your consent.

By using the Service, you consent to receiving calls and messages, including auto-dialed and pre-recorded message calls, and SMS messages (including text messages) from us, at any telephone numbers that you have provided or may provide in the future (including any cellular telephone numbers). Your cellular or mobile telephone provider will charge you according to the type of plan you carry. You can opt out of receiving these types of communications from us by following the directions provided elsewhere in this Privacy Policy.

If your relationship with Texans for Educational Freedom ends, we will continue to treat your Personal Data, to the extent we retain it, as described in this Privacy Policy.

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect, or you provide as described in this privacy policy:

To our subsidiaries and affiliates.
To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Texans for Educational Freedom's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Texans for Educational Freedom about our Website users is among the assets transferred.
To law enforcement agencies and regulatory bodies to comply with our legal and regulatory obligations.
To fulfill the purpose for which you provide it, or for any other purpose disclosed by us when you provide the information.
With your consent.

Choices About How We Use and Disclose Your Information

If you do not wish to have your contact information used by Texans for Educational Freedom to promote our own or third parties' products or services, you can opt-out by checking the relevant box located on the form on which we collect your data or at any other time by logging into the Website and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to support@texansforeducationalfreedom.com. Information gathered in email and SMS campaigns will not be shared to affiliates or third parties for marketing purposes.

Categories of Personal Information We Disclosed for a Business Purpose

In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:

[Identifiers (e.g., a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, social security number, driver's license number, passport number, or other similar identifiers).
Information that identifies, relates to, describes, or is capable of being associated with, a particular individual, including, but not limited to, his or her name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.]
[Curate this list of information that has been sold or will be sold under the new procedures.]

Information Obtained from Third Parties

We may receive information about you from third parties and/or from publicly available sources. The third parties from which we receive information about you include business partners and clients. We collect and process this information as necessary to perform a contract or pursuant to another legitimate business interest.

Accessing and Correcting Your Information

You can review and change your personal information by logging into the Website and visiting your account profile page. You may also send us an email at support@texansforeducationalfreedom.com to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted.

The safety and security of your information also depends on you. You are responsible for keeping this password confidential. We ask you not to share your password with anyone. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

Our security systems are therefore structured to deter and prevent hackers and others from accessing information you provide to us. However, please understand that this information should not be construed as a warranty that our security systems are fail proof. Due to the nature of internet communications and evolving technologies, we disclaim and cannot provide assurance that the information you provide to us will remain free from loss, misuse, or alteration by third parties who, despite our efforts, obtain unauthorized access.

Retaining Your Data

We will retain your Personal Data as necessary to fulfill the purposes set forth in this policy, comply with our legal obligations, resolve disputes, and enforce our agreements. We will also keep your personal data for as long as your account is active or as needed to provide you services and to maintain a record of your transactions for financial reporting purposes. Thereafter, we will keep your Personal Data for as long as is necessary:

To respond to any questions, complaints or claims made by you or on your behalf;
To show that we treated you fairly; or
To keep records required by law.

We will not retain your personal information for longer than necessary for the purposes set out in this policy. Different retention periods apply for different types of personal information [Further details on this are available in our [records management policy and/or schedule that gives these details].] We retain archived copies of your information as required by law or for legitimate business purposes. [When it is no longer necessary to retain your personal information, we will delete or anonymize it.]

Opting Out of Communications

We have a legitimate interest in processing your personal information for promotional purposes (see above “Choices About How We Use and Disclose Your Information”). This means we do not usually need your consent to send you promotional communications. However, where consent is needed, we will ask for this consent separately and clearly. If you wish to stop receiving marketing or promotional communications or to opt out of the use of your information for the purposes described in this Privacy Policy, please follow the opt-out instructions, [such as clicking “Unsubscribe” (or similar opt-out language) or “STOP” number in texts], in those communications. You can also contact us support@texansforeducationalfreedom.com to opt out. Despite your indicated email preferences, we may send you service-related communications, including notices of any updates to our Terms and Conditions or this Privacy Policy. Please understand that you will not be allowed to opt-out of certain communications required to comply with applicable laws, rules, or regulations, or other legal and related notices concerning your relationship to the Platform and use of the Service.

We Operate in the United States

Texans for Educational Freedom are based in the United States. The Service is controlled and operated by us from the United States and is not intended to subject us to the laws or jurisdiction of any state, country, or territory other than that of the United States. Your Personal Data may be stored and processed in any country where we have facilities or in which we engage service providers, and by using the Service, you consent to (i) the transfer of information to countries outside of your country of residence, including the United States, which may have data protection rules that are different from those of your country, and (ii) the use of your Personal Data in accordance with this Privacy Policy. In certain circumstances, courts, law enforcement agencies, regulatory agencies, or security authorities in those other countries may be entitled to access your Personal Data.

European Economic Area Residents

If you are an individual residing in the European Economic Area (“EEA”), we collect and process information about you only where we have a legal basis for doing so under applicable EU laws, including the European General Data Protection Regulation (“GDPR”). The legal basis depends on the particular Service you use and how you use it. This means we collect and use your information only where:

We need it to provide you the Service, including to operate the Service; take necessary steps prior to performing a contract, or at your request; provide customer support; and protect the safety and security of the Platform and Service; or
It satisfies a legitimate interest (which is not overridden by your data protection interests), such as for research and development, to market and promote the Service, to personalize a Service you receive, and to protect our legal rights and interests.

You give us consent to do so for a specific purpose or when we need to process your data to comply with a legal requirement. If you have consented to our use of information about you for a specific purpose, you may change your mind at any time, but this will not affect any processing that has already taken place. Where we are using your information because we or a third party (e.g., your employer) have a legitimate interest to do so, you may object to that use though, in some cases, this may mean no longer using the Service. To do so, please contact us support@texansforeducationalfreedom.com.

As detailed above, in the event of a data breach, we will endeavor to notify you within seventy-two (72) hours of detection of a breach that we conclude poses significant risks to your rights and freedoms under the GDPR.

EEA Data Subjects: Where Your Personal Information is Held

Information may be held at our offices, third party agencies, service providers, representatives and agents as described above (see above: “Disclosure of your Information”).

Some of these third parties may be based outside the European Economic Area. For more information, including on how we safeguard your personal information when this occurs, see below: “Transferring Your Personal Information Out of the EEA.”

EEA Data Subjects: Transferring Your Personal Information Out of the EEA

To deliver services to you, it is sometimes necessary for us to share your personal information outside the EEA, e.g.:

With your and our service providers located outside the EEA
If you are based outside the EEA; or
[Where there is an international dimension to the Services we are providing to you].

These transfers are subject to special rules under European and UK data protection law.

EEA Data Subjects: How to File a GDPR Complaint

We hope that we can resolve any query or concern you raise about our use of your information.

The General Data Protection Regulation also gives you right to lodge a complaint with a supervisory authority, in the European Union (or European Economic Area) state where you work, normally live, or where any alleged infringement of data protection laws occurred.

California Residents

Pursuant to the California Consumer Privacy Act (“CCPA”), residents of California have certain rights concerning a business with which the California resident has an established business relationship regarding the Personal Data the business collects, uses, and discloses. For example, California residents have the right to know what Personal Data a business has about them. California residents can obtain a report of this Personal Data twice every twelve (12) months.

If you choose to contact us directly by email at support@texansforeducationalfreedom.com, you will need to provide us with:

Enough information to identify you [(e.g., your full name, address and telephone number]
Proof of your identity and address (e.g., a copy of your driving license or passport and a recent utility or credit card bill); and
A description of what right you want to exercise and the information to which your request relates.

We are not obligated to make a data access or data portability disclosure if we cannot verify that the person making the request is the person about whom we collected information or is someone authorized to act on such person's behalf.

Any personal information we collect from you to verify your identity in connection with you request will be used solely for the purposes of verification.

When California residents terminate their accounts on the Platform, they have the right to have their information forgotten (i.e., deleted), except to the extent the Platform is prohibited by law from deleting the information.

California residents also have the right to opt out from their data being sold or otherwise monetized with third parties through a “Do Not Sell” request. If you exercise your right to opt-out of the sale or sharing of your personal information, we will refrain from selling or sharing your personal information, unless you subsequently provide express authorization for the sale or sharing of your personal information.

If we maintain inaccurate Personal Data about you, you have the right to request us to correct that inaccurate personal information. Upon receipt of a verifiable request from you, we will use commercially reasonable efforts to correct the inaccurate personal information.

You have the right to not be retaliated against by us because you exercised any of your rights under the CCPA. This means we cannot, among other things:

Deny goods or services to you;
Charge different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;
Provide a different level or quality of goods or services to you; or
Suggest that you will receive a different price or rate for goods or services or a different level or quality of goods or services.

To request your Personal Data information, exercise your right to request deletion, exercise your Do Not Sell request, or to correct your Personal Data, please contact us support@texansforeducationalfreedom.com.

Changes to Our Privacy Policy

Any changes we make to our privacy policy on this page. Material changes to this policy will be flagged through a notice on the Website home page.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us via email:

support@texansforeducationalfreedom.com

Do You Need Extra Help?

If you would like this notice in another format (for example: audio, large print, braille) please contact us (see “Contact Information” above).

Terms & Conditions - Updated February 9, 2024

Introduction
This document is a legal contract between you ("User," "Subscriber" or "Customer"), and Texans for Educational Freedom, the software provider. Texans for Educational Freedom provides its software and services to you solely according to the terms and conditions set forth in this agreement. By clicking the box below, you are: (i) indicating acceptance of all terms of this agreement and agreeing to be legally bound thereby; (ii) representing and warranting that: (a) you are of 18 years of age, and (b) if subscriber is a corporation, government organization, or other legal entity, that you have the right, power and authority to enter into this agreement on behalf of subscriber and bind subscriber to its terms. If you do not agree or cannot comply with any element of this agreement, your only remedy is to stop using the service and leave this site immediately.

1. Use of Service
Subject to and conditioned upon payment of service fees according to your selected plan and User's strict compliance with all terms and conditions set forth herein, Texans for Educational Freedom will provide:

(i) Access, in accordance with your selected plan, to the service

(ii) Service maintenance and support services

2. Access and Use
Texans for Educational Freedom grants the Customer, by and through its Authorized Users, a non-exclusive, non-transferable, non-sublicensable, right to access and the Subscription Services, including through Texans for Educational Freedom website and applications, subject to the Permitted Uses and Restricted Uses below, during the term of subscription.

3. Permitted Use
You, as subscriber/customer, are fully responsible for the interactions that occur during your use of the software. By agreeing to these terms, you expressly warrant that you will comply with all applicable laws and regulations, whether they be federal, state or local, including all Rules promulgated by the United States Federal Trade Commission or Federal Communications Commission. You hereby represent and warranty that any and all data that you use in connection with the software is fully compliant with all applicable Federal and State law and regulation. Texans for Educational Freedom may offer certain compliance tools and other resources available for use within the software, however, these materials are intended for reference only, are provided WITHOUT WARRANTY, and should not be relied upon to ensure compliance. You assume full liability for any actions taken on your account in violation of any of the above laws and regulations.

4. Restricted Use
Subscriber shall not:

a) Send unsolicited messages to those who will incur charges, or those whom subscriber does not have permission to contact.

b) Use or authorize the use of the Services or Software in any manner or for any purpose that is unlawful under any applicable law, regulation or rule.

c) Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make any of part of the Software or Subscription Services available to any third party, except as expressly permitted by this Agreement;

d) Modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Software or any part thereof;

e) Combine the Software or any part thereof with, or incorporate the Software or any part thereof in, any other programs;

f) Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Software or any part thereof;

g) Remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices provided on or with the Software or Documentation, including any copy thereof;

h) Copy the Software or Documentation, in whole or in part;

i) Use the Software or Documentation for purposes of competitive analysis of the Software, the development of a competing software product or service, or any other purpose that is to Texans for Educational Freedom commercial disadvantage.

You understand by agreeing to the terms in this Agreement releasing Texans for Educational Freedom from all legal responsibility from all action(s) by you or your agents, employees, servants arising from the use of the Texans for Educational Freedom platform.

This Agreement applies to all services accessed through the platform, including, but not limited to RVM, ATDS, ADAD, Live Transfers, SMS, E-Mail, all types of messages sent through any messaging service, including but not limited to Facebook messages, Direct Messages on any other social networking platform, phone calls and voicemail, and all other forms of communication whether now existing or yet to be developed.

5. Privacy: Please see our Privacy Policy.

6. Payments and Fees
a) Texans for Educational Freedom's only accepted method of payments are with a Credit Card, PayPal, or E-Check.

b) Accounts will not be activated or reactivated without prior payment.

c) All fees and renewal fees are due on or before the due date of the renewing account.

d) Incomplete, incorrect or questionable signup information can result in an account NOT being activated.

e) Any losses or expenses experienced by the Customer, due to actions taken by Texans for Educational Freedom in response to Customer non-payment, are not the responsibility of Texans for Educational Freedom.

f) By purchasing Texans for Educational Freedom services, you are agreeing to allow Texans for Educational Freedom to place your account on a recurring payment plan. The account will automatically be re-billed according to the terms of the plan you select.

g) You grant Texans for Educational Freedom permission to charge your method of payment for all services you request and any renewals thereof.

h) If Texans for Educational Freedom is unable to process a payment for your plan by its due date, Texans for Educational Freedom may immediately, and without notice, suspend your account by disabling service features in whole or in part. Any such suspension will continue until payment is successfully processed. Furthermore, in the event your account has been placed in suspended status for non-payment, Texans for Educational Freedom may permanently disable service features and terminate your account on written notice of thirty (30) days. For clarification, Texans for Educational Freedom may issue such notice by sending an e-mail message to the registered e-mail address associated with your account.

i) If an account has been suspended for non-payment, it will only be reactivated upon payment of all overdue fees.

j) It is a violation of this Agreement for you to misuse or fraudulently use credit and debit cards. A determination of such misuse or fraudulent use shall be at the sole discretion of Texans for Educational Freedom. Further, Texans for Educational Freedom may report all such misuses and fraudulent uses (as determined by Texans for Educational Freedom in its sole discretion) to appropriate government authorities, credit reporting services, financial institutions and credit card companies.

k) All fees paid are non-refundable, including membership fees paid pursuant to any membership plan, and usage packages. Units purchased as part of usage packages expire only pursuant to the termination of membership. After membership terminates for any reason, units purchased will no longer be available for use.

l) Refunds on multi-period plans (i.e. annual and biennial plans) may be granted on a prorated basis for the unused portion of the period purchased, in whole month increments, and not including the current month.

m) In addition to any Texans for Educational Freedom fees of which you are notified, your carrier's standard messaging rates apply to your entry or submission message, our confirmation and all subsequent SMS correspondence and/or transmissions. All charges are billed by and payable to your mobile service provider.

n) You have ninety (90) days to dispute any charge or payment processed by Texans for Educational Freedom. If you have a question concerning a charge you believe is incorrect, please contact us by opening a support case by emailing the Texans for Educational Freedom Support Center at info@texansforeducationalfreedom.com

7. Termination
You are free to cancel your account at any time. If you do not wish to continue services with Texans for Educational Freedom, it is your responsibility to cancel your account prior to the next renewal date to avoid further charges.

Texans for Educational Freedom reserves the right to cancel any account at any time, for any reason, including, but not limited to, a breach of this agreement.

Other than for your failure to comply with these Terms and Conditions, Texans for Educational Freedom will use commercially reasonable efforts to make your Data available for you to download for a period of three (3) days after account termination. Texans for Educational Freedom has no obligation to provide you with a copy of your Data and may remove and discard any backup data.

8. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SOFTWARE AND SERVICES ARE PROVIDED TO LICENSEE "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, Texans for Educational Freedom, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SOFTWARE AND SERVICES, AND TO OTHER PRODUCTS, INFORMATION, AND MATERIALS PROVIDED PURSUANT TO THIS AGREEMENT, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THE LICENSOR PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE LICENSED SOFTWARE WILL MEET THE LICENSEE'S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT Texans for Educational Freedom SHALL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OR INABILITY TO USE THE SAM ADVANTAGE COURSE. THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF Texans for Educational Freedom HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, Texans for Educational Freedom's LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

9. Limitation of Liability
IN NO EVENT SHALL Texans for Educational Freedom, ITS AFFILIATES, ITS MEMBERS, AUTHORIZED LICENSEES OR ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AGENTS OR CONTRACTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR MULTIPLE DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, REVENUES, OR OTHER ECONOMIC LOSSES WHETHER DEEMED DIRECT OR CONSEQUENTIAL AND REGARDLESS OF THE THEORY OF LIABILITY AND WHETHER SUCH DAMAGES WERE REASONABLY FORESEEABLE.

10. Indemnification
You agree to defend, indemnify and hold harmless Texans for Educational Freedom, its affiliates and its members and authorized licensees and each of their respective officers, directors, employees, agents and contractors for, from, and against any and all claims, demands, damages, losses, liabilities, judgments, cost or expense, including reasonable expenses of investigation and attorneys' fees and expenses, arising out of, based upon, or in connection with (i) your breach of any of these Terms and Conditions set forth herein; (ii) your use of Software and/or Services in violation of these Terms and Conditions; or (iii) your gross negligence, fraud or willful misconduct.

11. Governing Law
You expressly agree that these Terms and Conditions shall be governed by and construed in all respects in accordance with the laws of the District of Columbia and the United States of America, without reference to its choice of law provisions thereof.

12. DISPUTE RESOLUTION - MANDATORY ARBITRATION
ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE DETERMINED BY ARBITRATION IN THE DISTRICT OF COLUMBIA, UNITED STATES OF AMERICA, BEFORE ONE ARBITRATOR. THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES AND IN ACCORDANCE WITH THE EXPEDITED PROCEDURES IN THOSE RULES. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THIS CLAUSE SHALL NOT PRECLUDE PARTIES FROM SEEKING PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE JURISDICTION. UNLESS THE ARBITRATOR SHALL DETERMINE OTHERWISE, THE COSTS OF THE ARBITRATION SHALL BE BORNE BY YOU AND Texans for Educational Freedom EQUALLY AND YOU AND Texans for Educational Freedom SHALL EACH BEAR YOUR/ITS OWN OTHER LEGAL COSTS, INCLUDING THE FEES OF YOUR/ITS OWN ATTORNEY(S).

13. Severability
If any provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. On such determination that any term or other provision is invalid, illegal, or unenforceable, the Parties hereto shall negotiate in good faith to modify this Agreement so as to effect the original intent of the Parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.

14. SMS Campaigns
By providing your consent, you are enrolling in Texans for Educational Freedom Alerts. Message frequency may vary. Message and data rates may apply. You can also access our Privacy Policy.

Texans for Educational Freedom is a marketing technology solutions company. The program delivers internal notifications such as account updates and possible requests to participate in surveys. Messages are only sent to users who opt-in, and users can opt-out at any time.