Judicial Registration Form

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 the subject of 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/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.