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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
understand and agree that to register to use the TLC
Website as a judge, I must meet the following qualifications at all
times: (1) currently be an active Texas judge or a judge currently
subject to assignment in Texas; (2) not be currently engaged in the
practice of law as an attorney; (3) not be subject to any
public disciplinary action by the Texas State Commission on Judicial
Conduct; (4) be a currently licensed attorney in good standing with the
state bar of each state in which I have been licensed as an attorney. The information I have provided to TLC in the registration
form 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
activities as a judge 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 activities as a judge. I understand
and agree that I may create printouts of data solely for my exclusive use in
the regular course of my individual activities as a judge. 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, 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 warrants or guarantees 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/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. 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 the Colleague Connection User Agreement
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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