Welcome to ISMSTX.org (the “Site”), operated by Invasive Species Management Services (“ISMS,” “we,” “our,” or “us”), a nonprofit organization dedicated to conservation through the responsible management of invasive species.
These Terms of Use govern access to and use of the Site. By accessing or using the Site, you acknowledge and agree to these Terms.
1. Purpose of the Site
The Site is provided to further the charitable, conservation, educational, scientific, and public-service purposes of ISMS.
Information presented on the Site may address invasive species, wildlife and habitat management, land stewardship, conservation practices, trapping and removal methods, research, technology, public policy, volunteer activities, educational programs, and related subjects.
Unless expressly stated otherwise, material appearing on the Site is provided for general informational and educational purposes only.
2. No Professional or Individualized Advice
Information provided through the Site does not constitute legal, regulatory, veterinary, biological, environmental, engineering, agricultural, financial, tax, medical, firearms, pesticide, aviation, or other professional advice.
Information concerning a particular invasive species, control technique, product, device, chemical, firearm, trap, drone, management practice, or other method should not be interpreted as an instruction or authorization to undertake that activity in any particular location or circumstance.
3. Compliance With Laws and Regulations
Wildlife-management and invasive-species activities may be regulated by federal, state, and local laws and regulations.
The presence of information on the Site concerning an activity does not mean that the activity is lawful, appropriate, or authorized in every location or circumstance.
Users are responsible for determining and complying with applicable laws, regulations, permits, licenses, landowner permissions, safety requirements, and other legal obligations.
Nothing on the Site grants governmental approval, regulatory authorization, a permit, license, or permission to enter or conduct activities upon private or public property.
4. Landowner Requests, Authorization, and Private Property
ISMS respects private-property rights.
Landowners or their authorized representatives may submit a Landowner Assistance Request through the Site for evaluation by ISMS.
Submission authorizes ISMS to review the information and contact the submitting party but does not authorize entry upon the property or commencement of field activities.
If ISMS agrees to undertake field activities, the landowner may be required to execute a separate ISMS Landowner Access & Activity Waiver or other written authorization establishing the permitted access, activities, conditions, and duration.
Submission of a Landowner Assistance Request does not obligate ISMS to accept a project or provide services.
5. Field Activities and Assumption of Risk
Wildlife management, trapping, hunting, animal handling, firearm use, operation of vehicles and machinery, pesticide application, drone operations, remote-area work, and similar activities can involve substantial risks.
Information appearing on the Site is not a substitute for competent training, professional judgment, appropriate supervision, or compliance with applicable law.
6. No Guarantee of Results
ISMS does not represent or guarantee that any particular management technique, product, program, recommendation, strategy, or service will eliminate an invasive species, prevent reinfestation, produce a particular economic result, or achieve any specific outcome.
7. Accuracy and Currency of Information
ISMS endeavors to provide responsible and accurate information. Scientific knowledge, regulations, statistics, technology, and management practices may change.
Users should independently verify information when accuracy is important to a legal, safety, regulatory, environmental, financial, or operational decision.
8. Governmental and Third-Party References
References to governmental agencies, universities, researchers, manufacturers, organizations, or other third parties do not necessarily constitute endorsement, sponsorship, partnership, certification, or approval.
Reference to a governmental agency or program does not imply that ISMS is an agency of, endorsed by, or acting on behalf of the United States government, State of Texas, or any other governmental entity unless expressly stated.
9. Third-Party Websites
The Site may link to websites operated by third parties. ISMS does not control and is not responsible for their content, availability, privacy, security, or practices.
10. Intellectual Property and ISMS Identity
Except where otherwise indicated, the Site and its original content are owned by or licensed to ISMS and protected by applicable intellectual-property laws.
The names and identifiers Invasive Species Management Services, ISMS, ISMS TX, and ISMSTX, together with ISMS slogans, designs, logos, and related branding, may not be used in a manner that falsely suggests affiliation, sponsorship, endorsement, authorization, or representation by ISMS.
11. User Submissions
Information, photographs, observations, reports, inquiries, or other material voluntarily submitted to ISMS remain subject to our Privacy Policy and any additional terms presented at submission.
Submission does not obligate ISMS to investigate, undertake a project, publish information, or provide services.
12. Photographs, Wildlife Observations, and Property Information
Users should exercise care before submitting information revealing private-property locations, wildlife locations, security information, or other sensitive details.
Gate combinations, alarm codes, access credentials, and comparable property-security information should not be submitted through a general public inquiry form unless ISMS expressly provides a secure method for doing so.
13. Memberships, Donations, and Donor Acknowledgments
Membership in, donation to, or financial support of ISMS does not create an ownership interest in ISMS or a right to direct its programs, operations, expenditures, personnel, or activities except as otherwise provided by governing documents or law.
ISMS intends to provide donors with appropriate written acknowledgment of contributions.
For donations made electronically through the Site, ISMS may provide such acknowledgment automatically by email.
14. Prohibited Use
Users may not use the Site for unlawful, fraudulent, malicious, deceptive, or abusive purposes; interfere with Site security or operation; gain unauthorized access; impersonate ISMS; misuse ISMS branding; or violate the rights of another person.
15. Privacy
Use of personal information obtained through the Site is governed by the ISMS Privacy Policy.
16. Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
ISMS DISCLAIMS WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE OPERATION OF THE SITE OR THE COMPLETENESS, ACCURACY, RELIABILITY, AVAILABILITY, OR SUITABILITY OF ITS CONTENT FOR A PARTICULAR PURPOSE.
17. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ISMS AND ITS DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, AGENTS, CONTRACTORS, AND REPRESENTATIVES SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM OR RELATING TO USE OF, RELIANCE UPON, OR INABILITY TO USE THE SITE OR ITS CONTENT.
Nothing in these Terms is intended to waive or limit any right, defense, immunity, protection, or limitation of liability otherwise available under applicable law.
18. No Agency or Special Relationship
Use of the Site, submission of an inquiry, membership in ISMS, receipt of educational information, or communication with ISMS does not by itself create an attorney-client, fiduciary, employment, partnership, joint-venture, agency, contractor, professional-client, or other special legal relationship.
19. Indemnification
To the extent permitted by applicable law, a user who intentionally or unlawfully misuses the Site, ISMS intellectual property, identity, or systems agrees to be responsible for losses, liabilities, damages, and reasonable costs arising directly from that misuse.
20. Governing Law and Venue
These Terms shall be governed by the laws of the State of Texas.
To the extent properly subject to contractual venue, venue shall lie in the appropriate state or federal court serving Bexar County, Texas, unless applicable law requires otherwise.
21. Severability
If any provision is determined to be invalid or unenforceable, the remaining provisions shall continue in effect to the fullest extent permitted by law.
22. No Waiver
Failure by ISMS to enforce a provision on one occasion does not constitute a waiver of that provision.
23. Changes to These Terms
ISMS may revise these Terms periodically. The current version will be posted on the Site with its effective or revision date.
24. Contact
Invasive Species Management Services (ISMS)
Founding Chapter: Texas
Website: ISMSTX.org
Email: prockwood@ismstx.org
ISMS is a 501(c)(3) nonprofit organization.
Protecting Our Land. Restoring Our Future.