Terms and Conditions of Use
The First Public, LLC (“First Public”) website and online applications that First Public makes available to you (together, the “Site”) are available for use under these Terms and Conditions of Use (“Terms”). Your use of the Site constitutes acceptance of these Terms. Please read these Terms carefully. If you do not accept these Terms, your use of the Site is not authorized by First Public.
These Terms apply to the use of any resources available through the Site, including published content and secured material through password-protected areas of the Site, any First Public social media pages, and any and all online applications made available to you. These Terms apply to your use of the Site in any manner, including by individuals acting for themselves or on behalf of an organization.
Use of Content; Submissions
The Site is copyright-protected. Unless otherwise stated, copyright or similar rights are reserved for all material presented on the Site, including but not limited to audio and video clips, graphics, and links. First Public authorizes you to view and download material from the Site, provided the information is for your personal use (or broader use if expressly allowed by the material itself). Unauthorized use of materials may violate copyright laws. All copyright and other proprietary notices in the original material must be retained on any copy you make of the original material. You may not sell, distribute, or publish any content you obtain from the Site without permission.
Rules of Conduct
You agree to use the Site for lawful purposes only. You may not use this site to transmit any content that First Public deems as abusive, vulgar, obscene, hateful, fraudulent, unlawful, threatening, harassing, or defamatory. Content includes, but is in no way limited to, content that is viewable by others on the Site, comments, and artwork. Any use of, or conduct relating to, this Site that is not authorized by these Terms is prohibited. Please see the “Prohibited Conduct” section for specific prohibitions.
Links to External Websites
As a convenience to our visitors, the Site has links to external websites that are owned and operated by third parties. First Public makes no representation whatsoever regarding the content of any other websites that you may access from this site. When linking to an external site, please understand that it is independent from First Public, and we have no control over the content on that website. A link to a non-First Public website does not mean that we endorse or accept any responsibility for its content or use. First Public does not guarantee the availability or accuracy of content on any site linking to our website. It is the user’s responsibility to check each site for its own privacy statement and terms and conditions of use. Users rely on the data on such websites entirely at their own risk.
Password-Protected Portions of the Site
Certain portions of the Site are provided on a login-and-password-only basis to Site registrants. All login credentials and passwords shall be treated as strictly confidential and for use only by the registrant. Each registrant is responsible for any activity on the Site that is accomplished through the use of their login credentials and password. Please request a change of password immediately if you become aware of any security compromise concerning your password.
First Public may maintain social media sites on or through third-party services. Your use of any First Public pages or offerings through any such service is subject to these Terms, as well as the terms and policies covering each of those respective services. Information you post to any social media site may be published or used in accordance with the site’s terms and policies.
We have made attempts to meet the guidelines of the World Wide Web Consortium’s Web Accessibility Initiative. However, we are at this time unable to guarantee that firstpublic.com will be compatible with all web browsers designed to assist individuals with special needs. We will make every effort to meet these guidelines in the future.
Availability and Services
First Public’s goal is for continuous access, 24 hours per day, to our Site. However, there may be times when the site is unavailable due to routine maintenance. Maintenance times are selected after identifying peak usage times to avoid the site being down during those periods. Certain portions of our Site are regularly available only between the hours of 6 a.m. and 12 a.m., Central Time. First Public reserves the right at any time to modify or discontinue the Site or any features or components of the Site, temporarily or permanently, with or without notice, for any reason. Without limiting the foregoing, you agree that First Public, in its sole discretion, may terminate your access to the Site if First Public believes that you have violated the letter or spirit of these Terms. You agree that any termination of your access to the Site or any deletion of information may be effected without prior notice.
Reliance on Materials/Offerings
Through the Site, First Public provides information about Investment Officer Training that First Public believes may be of interest to our participants. All such materials available through the Site are provided for convenience, informational purposes, and educational purposes only. None of these materials are intended to constitute legal advice. First Public is not responsible for fulfilling or processing the training or certification requirements of any user of the Site.
In connection with your use of the Site you may not:
- deliver content that contains software viruses or any other code, files, or programs designed to damage or disrupt any software, hardware, or equipment;
- post, upload, or create any content that contains copyrighted material without the right to do so;
- upload any content containing an image, likeness, or audio or visual recording of an individual without permission to do so;
- post, upload, or create any content that violates any privacy rights of any individual; or
- harm or harass any individual.
In addition, you may not:
- attempt to modify or alter the Site;
- attempt to use the Site other than for its intended purposes;
- attempt (including through the use of any device, software, or routine) to interfere with the proper functioning of the Site;
- attempt to circumvent a technological measure that controls or impacts access to the Site;
- take any action that imposes, as determined within First Public’s sole discretion, an unreasonable or disproportionately large or otherwise overly burdensome load on the infrastructure or networks utilized by the Site;
- violate any applicable law or regulation in connection with the use of the Site; or
- copy or distribute any content from the Site in any manner (including, but not limited to through the use of any manual process, device, or any robot, spider, or other automatic process), other than permissible copying from an account through the use of report or copying functionality provided by the Site and may not share, publish, or distribute any content from the Site other than as explicitly allowed by First Public.
Limitations of Liability
First Public does not guarantee that the Site or any service provided through the Site will be uninterrupted or error-free. Content and services are provided on an "as is," as-available basis. First Public does not guarantee that any file available for downloading is free of viruses or similar contamination or destructive features.
TO THE FULLEST EXTENT PERMITTED BY LAW:
(A) FIRST PUBLIC, INCLUDING ITS SOLE MEMBER (TEXAS ASSOCIATION OF SCHOOL BOARDS, INC.), OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND ASSIGNS, SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING UNDER THESE TERMS OR ASSOCIATED WITH YOUR USE OF THE SITE OR WITH ANY FIRST PUBLIC CONTENT, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OF DATA, LACK OR LOSS OF DATA, OR OTHER INTANGIBLE LOSSES, WHETHER THE CLAIM FOR SUCH DAMAGES IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE (EVEN IF FIRST PUBLIC OR ITS APPLICABLE THIRD-PARTY PROVIDER HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES); AND
(B) THE MAXIMUM AGGREGATE LIABILITY OF ANY KIND ARISING UNDER OR RELATING TO THESE TERMS, THE PRODUCTS, OR FIRST PUBLIC CONTENT SHALL BE ONE HUNDRED UNITED STATES DOLLARS ($100.00). THE FOREGOING LIMITATIONS SHALL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE OR OTHER TORT, OR ANY OTHER LEGAL THEORY; MOREOVER, THESE LIMITATIONS WILL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
We collect IP addresses (the Internet address of a computer) and analyze this data for trends and statistics about page viewing frequency and sequence to improve our Site and the services we offer. We may, in some circumstances, link your IP address to personally identifiable information about you, and, if necessary, an IP address, including yours, can and will be used to identify anyone responsible for threatening the integrity or security of the Site or our computer systems and information networks.
You may have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you usually can modify your browser settings to decline them. Alternately, you may be able to modify your browser settings to notify you each time a cookie is tendered, allowing you to accept or decline cookies on an individual basis. If you choose to decline cookies, however, you may not have access to the full functionality of the Site.
Copyright and Other Intellectual Property
Any trademarks, logos, and service marks displayed on the Site are the property of or licensed by First Public. Any unauthorized use or misuse of this intellectual property or unauthorized use of content on the Site will be subject to all appropriate remedies, including appropriate legal action.
Please review the Terms periodically, as we may update them from time to time.
DMCA Compliance / Take Down Rights
Consistent with our commitment to the protection of intellectual property rights, in connection with any content or material posted by users of or visitors to the Site (“User Material”), we comply with the protections and notice and take-down provisions of the Digital Millennium Copyright Act (“DMCA”). If you are a copyright owner or an agent thereof and believe that any User Material infringes upon your copyrights, you may submit a notification pursuant to the DMCA by providing our copyright agent with the following information in writing:
- identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works;
- 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 First Public to locate the material;
- information reasonably sufficient to permit First Public to contact you, such as an address, telephone number, and, if available, an electronic mail address;
- a statement that you have 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;
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notifications of claimed infringement should be sent to First Public’s designated copyright agent to receive notifications of claimed infringement,
Attn: Chief Communications Officer
Texas Association of School Boards, Inc.
P.O. Box 400
Austin, Texas, 78767-0400
The laws of the State of Texas, excluding its conflicts of law rules, shall govern these Terms, and you hereby irrevocably agree that all claims or disputes arising out of or in connection with these Terms shall be heard exclusively by any of the federal or state courts of competent jurisdiction located in the State of Texas, County of Travis, and you waive any objection to personal jurisdiction or the propriety or convenience of venue in such courts.
These Terms are the complete and exclusive statement of the agreement with respect to the subject matter hereof and supersede all other communications or representations or agreements (whether oral, written, or otherwise) relating thereto. The failure of First Public to require performance of any provision of these Terms in no manner shall affect its right at a later time to enforce the same. No waiver by First Public of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any other such breach, or a waiver of any other breach of these Terms.
If any provision of these Terms shall to any extent be held invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions of these Terms shall in no way be affected or impaired thereby and each such provision of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality, or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein. The section headings in these Terms are for convenience only and shall have no legal or contractual effect.
BY USING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS.