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BY CHECKING THE BOX THAT SAYS, “I HAVE READ THE REGISTRATION
AGREEMENT, AND I UNDERSTAND AND AGREE TO BE LEGALLY BOUND BY THE TERMS
THEREIN,” YOU AGREE TO BE LEGALLY BOUND BY THE FOLLOWING TERMS AND CONDITIONS
FOR USE OF THE TEXAS LAWYERS FOR CHILDREN WEBSITE.
The website located at www.texaslawyersforchildren.org
and www.texaslawyersforchildren.com,
including all of its features, functions, content, information, attached
documents, software, and/or services, (hereinafter, collectively,
individually, in any combination thereof, and/or any portion thereof,
referred to as the “TLC Website”) is a service made available by Texas Lawyers for
Children, a project of Texas Loves Children, Inc. (Texas Loves Children, Inc.
being hereinafter referred to as “TLC”). I understand
and agree that the TLC Website may be used solely under the following terms and conditions,
and I agree to be legally bound by these terms and conditions:
1. User Qualifications:
I am a licensed attorney in good standing with the State
Bar of Texas, and I am not the subject of any current disciplinary action by
the State Bar of Texas. The information I have provided to TLC in the
registration form, under “Registration Categories” and under “Your Contact
Information,” is true and correct as of today. If any such information
changes, I will notify TLC of the change within ten business days.
2. Limitations on
Use:
As a user of the TLC Website, I understand
that TLC grants me a nonexclusive, nontransferable, revocable, and
limited license to access and use the TLC Website in accordance
with the terms of this Registration Agreement (previously called
“Subscription Agreement”). I agree to use the TLC
Website solely in the regular course of my individual practice of law and for
no other purpose. I understand and agree that I may download and temporarily
store insubstantial portions of data to a storage device under my exclusive
control only for the purposes of displaying such downloaded data for my
exclusive review or using such downloaded data in the regular course of my
individual practice of law. I understand and agree that I may create
printouts of data solely for my exclusive use in the regular course of my
individual practice of law. I understand and agree that I may not copy,
download, store, publish, reproduce, modify, distribute, sell, broadcast,
transmit, transfer, hyperlink, create derivative works from, or otherwise use
the TLC Website in any form or by any means except (a) as expressly
permitted by this agreement, (b) with TLC’s prior written
permission, or (c) if not expressly prohibited by this agreement, as allowed
under the “fair use” provision of the Copyright Act (17 U.S.C. §
107). I understand and agree that downloaded data may not be stored or
used in an archival database or other searchable database except as expressly
permitted by this agreement. I understand and agree that I am prohibited from
selling, licensing, and/or distributing data from the TLC
Website in any form to third parties or from using such data as a component
of or as a basis for any material offered for sale, license, or distribution.
I understand and agree that I am prohibited from using data from the TLC
Website to create mailing or marketing lists for commercial purposes or for
distribution to third parties.
I agree that I shall not copy, decompile, reverse
engineer, disassemble, rent, lease, loan, sell, distribute, sublicense, or
otherwise recreate the TLC Website or any website modeled after the TLC
Website. I understand and agree that I am prohibited from using any
network monitoring or discovery software to determine the TLC
Website’s site architecture or to extract information about usage or
users. I understand and agree that I am prohibited from using any
robot, spider, other automatic device, or manual process to monitor or copy
the TLC Website. I understand and agree that I am prohibited from
displaying the TLC Website to anyone for any purpose without the written
permission of TLC.
I understand and agree that any unauthorized use of the TLC
Website is strictly prohibited. I understand and agree that TLC reserves
the right to and may discontinue the TLC Website
and/or its service to me at any time.
3. Confidentiality and Responsibility:
I understand and agree that I must keep the user name and
password that allow me access to the TLC Website strictly
confidential. I agree that my user name and password shall remain in my sole
possession and within my control at all times and shall not be communicated
in any manner or form to any other party. I understand and agree that
my registration to use the TLC Website is nontransferable, is
for individual use only, and is not for use by any other person or
group. I understand and agree that I am solely responsible for all
activities that occur under the use of my user name and password. I agree to
notify TLC immediately upon learning of any unauthorized use of my user
name and password.
4. Refund Policy:
I understand and agree that any donation I choose to make
to TLC is not subject to pro-rata discount or rebate in the event of
temporary unavailability or permanent termination of the TLC
Website and/or my access to the TLC Website. I understand
and agree that any refund will be solely at the discretion of TLC.
5. Not Legal or
Professional Advice or Endorsement:
I understand and agree that the TLC
Website is not intended to be and does not constitute legal advice, and no
attorney-client relationship or other professional-client relationship with TLC and/or
any contributors of information and/or materials to or through the TLC
Website (hereinafter “TLC’s Contributors”) is formed by my use of the TLC
Website. I understand that TLC does not endorse and is
not affiliated with any websites accessed by links from the TLC
Website. I understand that inclusion of experts, conferences, reference
sources, and/or legal materials created by others on the TLC
Website does not constitute an endorsement of such by TLC.
6. Disclaimer of Warranties:
I understand and
agree that although TLC has worked to provide accurate and reliable
information through the TLC Website as a public service, the TLC Website is
provided “as is,” on an “as available” basis, and without warranty of any
kind, either express or implied. I understand and agree that TLC and TLC’s Contributors
disclaim all warranties, express or implied, including, but not limited to,
the warranties of performance, merchantability, and fitness for a particular
purpose, in connection with the TLC Website and/or its availability, access, usage, or
results from usage. I understand and agree that neither TLC nor TLC’s Contributors
warrant or guarantee the availability, accuracy, completeness, adequacy, or
currency of the TLC
Website. I understand and agree that TLC does not warrant that errors and/or defects in the
TLC
Website will be corrected or that the TLC Website and/or its server are free of viruses or
other harmful components. I UNDERSTAND THAT, FOR HISTORICAL AND OTHER
RESEARCH PURPOSES, THE TLC
Website INCLUDES SOME MATERIALS THAT CONTAIN OUTDATED
INFORMATION. I understand and agree that I am solely responsible
for confirming the accuracy, completeness, adequacy, and currency of any
information I use from the TLC Website and that I am not entitled to rely on any
information on the TLC
Website or any oral, WRITTEN, OR ELECTRONIC information provided by tlc’s EMPLOYEES,
contractors, CONTRIBUTORS, and/or agents AT ANY TIME without first personally
verifying that such is correct and up-to-date. I understand and agree
that TLC
assumes no responsibility for the TLC Website and that my use of the TLC Website AND ANY
COMMUNICATIONS WITH tlc’s
EMPLOYEES, contractors, CONTRIBUTORS, and/or agents is at my own risk.
7. Limitation
of Liability:
I understand and agree that TLC, its
trustees, officers, employees, contractors, affiliates, and/or agents, TLC’s
Contributors, and operators of linked websites shall have no responsibility
for my use of the TLC Website, nor shall they have any liability whatsoever to me for
any claim, loss, injury, and/or damage of any kind arising in any way from
this Agreement, use of the TLC Website or any linked website,
and/or inability to use the TLC Website, regardless of the
form of action, whether based in contract or negligence. I understand and
agree that in no event shall TLC, its trustees, officers,
employees, contractors, affiliates, and/or agents, TLC’s
Contributors, or operators of linked websites be liable to me for any claim,
loss, injury and/or damage of any kind relating to my inability or failure to
perform research or related work or failure to perform such research or other
work properly or completely. I understand and agree that TLC, its trustees, officers, employees, contractors, affiliates,
and/or agents, TLC’s Contributors, and operators of linked websites shall not be
liable for any lost profits or other consequential, exemplary, incidental,
indirect, or special damages of any kind, even if advised of the possibility
of such damages.
8. Indemnity:
I agree to indemnify, defend, and hold harmless TLC, its
trustees, officers, employees, contractors, affiliates, and/or agents, and TLC’s
Contributors from and against any liability, loss, claim, damage, cost,
demand and/or expense, including, without limitation, reasonable attorneys’
fees, resulting from or in any way related to this Registration Agreement, my
use of the TLC Website and any information I receive through such use, any
omission or action taken in connection with any information I obtained
through or in connection with the TLC Website,
and/or any violation or alleged violation of this Registration Agreement.
9. Intellectual Property Rights:
I understand and agree that all rights, title, and
interest to the TLC Website, including all copyrights, are and will continue to be
the exclusive property of TLC. I understand and agree
that TLC’s Contributors may hold copyrights and/or other intellectual
property rights in the materials they have provided to the TLC
Website.
10. License of Contributed Materials:
I understand and agree that if I upload and/or provide
materials or information for use on the TLC Website, I am granting TLC a
perpetual, worldwide, royalty-free, nonexclusive right and license (with
right to sublicense) to use, reproduce, modify, adapt, publish, publicly
display, digitally display, and create derivative works from such materials
into any form, medium, or technology now known or later developed throughout
the universe. I understand and agree that I am also consenting to TLC’s use
of my name on the TLC Website as the contributor of the materials or information.
11. TDFPS Copyright Notice and Disclaimer:
I understand that some information and/or materials on the
TLC Website were contributed by the Texas Department of Family and
Protective Services (“TDFPS”, formerly the Texas Department of Protective and
Regulatory Services). I understand that TDFPS has a copyright to any
materials attributable to TDFPS or one of its employees and that individual
authors retain an individual copyright to the included material and may
freely sell or otherwise distribute it and revise or republish it at will,
unless otherwise restricted by contract or employment conditions. I
understand that this information is compiled and made available as a public
service by TDFPS. I understand that while every effort is made to keep
the information accurate and up-to-date, TDFPS and the State of Texas make no
warranty as to the accuracy, reliability, timeliness, or completeness of the
information and that information may be available elsewhere which provides
additional detail. I understand that the information on the TLC
Website is subject to change. I understand and agree that TDFPS and TLC are
not responsible for and assume no legal liability for delays or interruption
in the transmission of information, any errors or omissions, or for results
obtained from the use of the information. I understand and agree that TDFPS
and TLC shall not be liable for any damages, of any type whatsoever,
occasioned by the actions or omission of actions, taken in reliance upon any
information contained in materials provided to the TLC
Website by TDFPS. I understand that distribution of the information does not
constitute a warranty. I understand and agree that my use of the information
is my sole responsibility.
12. Term and Termination:
I understand and agree that unless terminated at an
earlier time, my registration for use of the TLC
Website shall be for a period of one year from the date of activation.
I understand and agree that if I wish to terminate my registration for use of
the TLC Website, I shall notify TLC in writing and shall
immediately discontinue use of my user name and password, and I shall not
access the restricted areas of the TLC Website
thereafter. I understand and agree that I am legally bound by the terms
and conditions of this Registration Agreement even after either I or TLC terminates
my registration for use of the TLC Website.
13. Miscellaneous:
I understand and agree that TLC may
amend the terms and conditions of this Registration Agreement at any time
without notice to me. I understand that updated versions of the
Registration Agreement will appear on the TLC Website and are
effective immediately. I understand and agree that I am responsible for
regularly reviewing any amended Registration Agreement. I understand
and agree that continued use of the TLC Website after any such
changes constitutes my consent to the changes.
I understand and agree that any failure by TLC to
enforce any provision of this Registration Agreement shall not constitute or
be construed as a waiver of such provision or of the right to enforce it at a
later time. I understand and agree that this Registration Agreement
(previously called “Subscription Agreement”) and all User Agreements posted
on the TLC Website constitute the entire agreement with respect to use of
the TLC Website. I understand and agree that should any provision
of this Registration Agreement be held to be void, invalid, unenforceable, or
illegal by a court, the validity and enforceability of the other provisions
shall not be affected thereby. This Agreement shall be governed by and construed
under the laws of the State of Texas.
I understand and agree that TLC’s Contributors and TLC’s
trustees, officers, employees, contractors, affiliates, and/or agents have
the right to assert and enforce the provisions of this Registration Agreement
as third-party beneficiaries.
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