Website Terms of Usage
Please review these Terms of Usage (and together with all other terms or policies made available by Texas Legal on www.TexasLegal.org and all related functionality, services and Information offered by Texas Legal on or thorough the Site, including any updates, collectively, the “Terms”) carefully. These Terms govern your access to and use of the Site. By using the Site, you affirm you are of legal age to enter into these Terms. If you violate or do not agree to these Terms, then your access to and use of the Site is unauthorized.
THESE TERMS LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE (SECTION 9).
For these Terms:
- “You” or “your” means any user, or any entity on whose behalf a user is acting, of the Site. If you use the Site on behalf of a company, organization or other entity, then you warrant you are an authorized representative of that entity and you agree to these Terms on that entity’s behalf.
- “Texas Legal: (“we” “us” or “our”) means Texas Legal Protection Plan, Inc. and all affiliates and its officers, directors, employees, consultants, agents, representatives, contractors, vendors, suppliers and licensors.
- “Content” means all Information, including descriptions, reviews, comments, messages, reviews, communications, feedback (including all ideas, concepts, feedback and know how that you make available in connection with the Site), submissions, suggestions, questions, and other information, data, content, and materials (including page headers, images, text, illustrations, formats, graphics, logos, hashtags, designs, icons, photographs, software programs, audio, music or video clips or downloads, and written and other materials).
- “Information” means information contained in the Site.
- “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
- “make available” means post, transit, publish, upload, distribute, transmit, display, provide or otherwise submit or make available (including through any part of the Site administered by third-party social media platform that allow interaction with the Site through the tools offered by such social media platforms).
- “Site” means www.TexasLegal.org and all related functionality, services and Information offered by Texas Legal on or thorough www.TexasLegal.org and any applications, systems, servers and networks used to make the site available.
We may update these Terms at any time by posting an updated Terms of Usage on the Site or otherwise providing you notice of the changes. By continuing your access to or use of any of the Site after we provide notice of any changes, you accept the updated Terms.
1. Plans
Group Legal Plans and Independent Legal Plans are provided by Texas Legal Protection Plan, Inc. Please contact Texas Legal for complete details on covered services. Unless expressly provided, no service, including advice and consultations, will be provided for:
- Employment-related matters, including company or statutory benefits or matters involving the employer, Texas Legal, and plan attorneys;
- Matters in which there is a conflict of interest between the employee and spouse or dependents, in which case services are excluded for the spouse and dependents;
- Matters for which a contingency fee is customarily charged or workers’ compensation;
- Appeals and class actions, business or investment matters;
- Appeals or administrative proceedings;
- Matters involving property held for investment or rental, or issues when the participant is the landlord;
- Patent, trademark and copyright matters;
- Matters arising out of any business or commercial interest, business transaction, business pursuit, profession, partnership or corporation; or
- Costs and fines frivolous or unethical matters.
2. No Legal Advice, No Attorney-Client Relationship, No Practice of Law
Texas Legal is not a law firm and does not provide legal advice. Your use of our services and this site does not create an attorney-client relationship between you and us nor does it constitute legal advice. Any information you provide through this website is not protected as confidential and is not protected by attorney-client privilege. Unless you are otherwise represented by an attorney, you represent yourself in any legal matter you carry out by using our services or site. Do not send or include any information in your inquiry that you consider to be confidential or privileged.
YOU AGREE THAT ALL DECISIONS YOU MAKE ON LEGAL MATTERS IN THIS INQUIRY ARE YOUR FULL RESPONSIBILITY. TEXAS LEGAL DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE USE OF OUR SERVICES OR SITE.
We do not review any information you provide for legal accuracy or sufficiency, draw legal conclusions, provide opinions regarding the forms you selected, your related rights or apply the law to your circumstances. If you need legal advice for a specific matter, you should consult with a licensed attorney, including one that you choose on the Texas Legal Attorney Finder, outside of this inquiry system.
3. Use Restrictions
You are solely responsible for maintaining the confidentiality and security of your account including username and password. You may not use a third party’s account at any time. Texas Legal is not responsible for any losses arising out of the unauthorized use of your account. You agree that Texas Legal does not have any responsibility if you lose or share access to your device. Any agreement between you and the issuer of your credit card, debit card, or other form of payment will continue to govern your use of such payment method on the Site. You agree that Texas Legal is not a party to any such agreement, nor is Texas Legal responsible for the content, accuracy, or unavailability of any method used for payment.
In connection with the Site, you may not:
- make available any Content prohibited by these Terms;
- make available through or in connection with the Site any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (collectively, “Computer Virus(es)“);
- use the Site for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful;
- harvest or collect information about users of the Site;
- interfere with or disrupt the operation of the Site, including by hacking or defacing any portion of the Site or violate any requirement, procedure or policy of the Site;
- restrict or inhibit any other person from using the Site;
- reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute, or otherwise exploit any portion of (or any use of) the Site except as expressly authorized in these Terms, without Texas Legal’s express prior written consent;
- reverse engineer, decompile, or disassemble any portion of the Site, except where such restriction is expressly prohibited by applicable law;
- remove any copyright, trademark, or other proprietary rights notice from the Site;
- frame or mirror any portion of the Site, or otherwise incorporate any portion of the Site into any product or service, unless you obtain Texas Legal’s express prior written consent to do so.
- systematically download and store any Information.
- use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather any Information, or reproduce or circumvent the navigational structure or presentation of the Site, without Texas Legal’s express prior written consent;
- cause injury to any person or entity;
- use the Site or Texas Legal’s name, logo or brand to send any unsolicited or unauthorized Content, including advertising, promotional materials, email, junk mail, spam or other form of solicitation or to use any meta tags or other hidden text or metadata utilizing a Texas Legal trademark, logo, URL or product name with out Texas Legal’s written consent;
- attempt to do anything, or permit, encourage, assist or allow any third party to do anything, prohibited in this Section or allow any other violation of these Terms; or
- violate any law, rule, or regulation, or these Terms.
4. Restricted Rights
All Content, and any Intellectual Property Rights related thereto, shall be and remain the sole property of Texas Legal. You shall have no interest in, or claim to any Content or any derivatives thereof or modifications or adaptations thereto. For clarification, Information is licensed (not sold) to users. You have no rights in any Content except as provided in these Terms.
Texas Legal grants you a limited, non-transferable, non-exclusive, revocable license to possess and use the Information for your personal (non-commercial) use within the United States subject to the terms of these Terms. Subject to your compliance with these Terms, and solely for so long as you are permitted by Texas Legal to use the Site, you may access, view, download and print the Information for your personal, non-commercial use only. Texas Legal grants only RESTRICTED RIGHTS regarding use of the Information and website.
Absent prior written permission from an Officer of Texas Legal you may not make available Information in any manner. Subject to these Terms, you may download one copy of the Information onto one computer; provided you do not change the Information in any manner nor delete or change any proprietary designation or notice contained in the Information.
Texas Legal will prosecute any violations of its Intellectual Property Rights and of any other violation of these Terms to the fullest extent permissible under applicable state and federal law. Such action may include recovery of costs and expenses associated with identifying offenders and preventing their access to this website as well as lost profits, damages, court costs and attorney fees associated with repairing any damaged software or hardware.
5. Transmissions and Monitoring of Content
You acknowledge that transmissions by you to or from the Site (“Transmissions”) are non-confidential and that others may read and/or intercept such Transmissions. Texas Legal reserves the right to report any Transmissions which it believes violate any law or regulation to appropriate law enforcement officials, regulators, or other third parties, and to assist such parties in their investigations.
Texas Legal has the right, but not the obligation, in its sole discretion to review or evaluate any Transmissions and to edit or delete any Transmissions which violate these Terms. Texas Legal also has the right, but not the obligation, in our sole discretion to monitor, evaluate and analyze Content, and any access to or use of the Site, including to determine compliance with these Terms and any other operating rules that may be established by Texas Legal from time to time.
YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR ACTIVITIES IN RELATIONSHIP TO THE SITE, INCLUDING ALL TRANSMISSIONS, AND THE CONSEQUENCES THEREOF.
6. Privacy
Texas Legal respects your privacy, however, you hereby acknowledge that these Terms do not create a reasonable expectation of privacy in any use of or access to the Site. You agree that any personal information that you provide through the Site will be used by Texas Legal in accordance with Texas Legal’s Privacy Policy, which may be updated from time to time.
7. Indemnification
You agree to defend, indemnify and hold Texas Legal, its affiliates, Officers, Directors and employees, its suppliers and their respective affiliates and agents, harmless from all claims, liabilities, damages and expenses (including attorneys’ fees and expenses) arising out of or relating to your use of this website, including, but not limited to: (1) the submission of any Transmission or any use of this Site; (2) your alleged breach of these Terms or applicable law; or (3) your infringement of any intellectual property or other right of any person or entity.
Texas Legal reserves the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with Texas Legal if and as requested by Texas Legal in the defense and settlement of such matter.
8. Limitation of Liability
Indirect Damages. IN NO EVENT SHALL TEXAS LEGAL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE, OR FOR THE LOSS OF PROFITS, OR DAMAGES THAT MAY RESULT FROM THEFT, DELAYS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, VIRUSES, FAILURE OF PERFORMANCE, DESTRUCTION OR UNAUTHORIZED ACCESS TO TEXAS LEGAL’S RECORDS, OR FOR THE COST OF OBTAINING SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, EVEN IF TEXAS LEGAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Aggregate Liability. SUBJECT TO THE FOREGOING, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, TEXAS LEGAL’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION SHALL NOT BE GREATER THAN THE TOTALITY OF PAYMENTS MADE BY YOU TO TEXAS LEGAL IN EXCHANGE FOR ALLOWING YOU ACCESS TO OR USE OF OR IN CONNECTION WITH THE SITE.
Conduct and Content of Third Parties. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, TEXAS LEGAL WILL NOT BE LIABLE FOR: (I) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF, OR FOR ANY CONTENT FROM, ANY OTHER USER OF THE SITE; OR (II) ANY CONTENT OF ANY THIRD PARTY LINKED OR REFERRED TO ON THE SITE OR YOUR INTERACTION WITH ANY SUCH THIRD PARTY.
Information Security. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW THESE LIMITATIONS SET FORTH HEREIN APPLY TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF CONTENT OR RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH CASES, THE ABOVE LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
9. Disclaimer
YOU ACKNOWLEDGE THAT THE SITE AND THE INFORMATION HEREIN ARE PROVIDED ON AN “AS IS, WHERE IS” BASIS AND THAT TEXAS LEGAL MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESSED OR IMPLIED, REGARDING THIS WEBSITE OR THE INFORMATION. TEXAS LEGAL DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANTABLILTY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
BY USING OR ATTEMPTING TO USE THIS WEBSITE YOU EXPRESSLY ACKNOWLEDGE: (1) THE INFORMATION COULD INCLUDE TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS; (2) TEXAS LEGAL DOES NOT REPRESENT OR WARRANT THE TIMELINESS, RELIABILITY, USEFULNESS, CURRENTNESS, COMPLETENESS OR ACCURACY OF THE INFORMATION; AND (3) TEXAS LEGAL DOES NOT REPRESENT OR WARRANT THE OPERATION, SECURITY, AVAILABILITY OR FUNCTIONALITY OF THE SITE.
THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME FULL RESPONSIBILITY AND SOLE RISK FOR YOUR USE OF THE SITE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OTHERWISE ACCESSED BY UNAUTHORIZED PARTIES. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TEXAS LEGAL IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PROPERTY OR DATA THAT RESULTS FROM ANY INFORMATION YOU ACCESS OR DOWNLOAD FROM OR YOUR USE OF THE SITE.
Inclusion of an attorney on the Texas Legal website does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter, including the amount of reduced fees. Should you find errors or out-of-date information, please notify us at attorneys@texaslegal.org.
Texas Legal may periodically change or discontinue the Site or any Content or Information contained therein. Texas Legal reserves the right to implement such changes, at any time without notice to you. Unless specifically indicated in writing to the contrary, no reference in this website to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise shall constitute or imply Texas Legal’s endorsement or sponsorship thereof.
10. Links to Third-Party Sites
The Site includes links to third party websites and Texas Legal has no control over, and makes no representations of any kind regarding the content on such websites or the content on any website linked to such websites (including any third party social media or mobile application platform with which the Site may operate or otherwise interact), or any changes or modifications made thereto. You hereby acknowledge that by using any such links, you thereby irrevocably waive any and all claims against Texas Legal regarding such websites and must adhere to the usage and privacy policies governing such sites. Note that the use of links to other websites does not imply Texas Legal’s recommendation, sponsorship or endorsement of any such websites. Texas Legal is not responsible for the acts or omissions of any operator of any such site or platform nor is it a party to or in any way monitoring any transactions you have with a third party. Your use of any such third party site or platform is at your own risk and will be governed by the third party’s terms and policies (including its privacy policy).
The Site may include certain third party technologies and open source materials. Your use of such technologies and materials is subject to these Terms, and any applicable terms and conditions of such third parties, which are incorporated in these Terms by reference.
11. Impermissible Activity
You must not use Site to make available any data which:
- contains your or any other person’s confidential information;
- is unlawful, threatening or abusive, derogatory, harassing, victimizing, intimidating, hateful or embarrassing to any other person or entity as determined by Texas Legal in its sole discretion;
- encourages criminal or other activity which would reasonably give rise to civil liability or otherwise violates any local, state, federal or international law;
- Infringes on the rights of others;
- is vulgar, profane, obscene, offensive, pornographic, sexually explicit or indecent;
- contains inaccurate, false, fraudulent or misleading information;
- intends to cause harm, damages, disables or inhibits another user from use or enjoyment of this website;
- is defamatory or libelous;
- contains a Computer Virus, surreptitious code or otherwise intends to cause harm, damage, disables or otherwise interferes with the Site or our partners;
- violates any policy made available on the Site; or
- contains any type of commercial component, solicitations, links or advertising.
12. Termination
Either you or Texas Legal may terminate these Terms at any time. You may terminate these Terms by destroying all materials obtained from the Site or discontinuing your use of the Site. Texas Legal may terminate these Terms immediately, without notice, for any reason, or no reason, and reserves the right to block or prevent your future access to the Site. Texas Legal will refund the unused prorated portion of your payment upon receipt of written notice of termination.
13. Severability
If any portion of these Terms is determined by a court of competent jurisdiction to be unlawful, void, or unenforceable, that portion will be deemed severable and will not affect the validity and enforceability of any remaining provisions hereof.
If you do not agree to these Terms of Usage, please do not register with or enter this website. Your use of the website signifies your acceptance of these terms. As these terms are subject to change at any time without notice, please check them before using the website to determine whether a change has been made.
14. Applicable Law and Venue
For any suit, action, or legal proceeding, arising from these Terms, you and we consent and submit to the exclusive jurisdiction and venue of the state courts of Texas and federal court situated in Travis County, Texas you nor we may raise in connection therewith, and hereby waive, any defenses based on venue, inconvenience of forum, or lack of personal jurisdiction, in any action or suit brought in accordance with the foregoing. YOU ACKNOWLEDGE THAT THEY HAVE READ AND UNDERSTAND THIS CLAUSE AND WILLINGLY AGREE TO ITS TERMS.
15. Refund/Exchange/Cancellation or Applicable Warranty Policies
All Sales Final. Except as expressly set forth in the Texas Legal Certificate of Coverage, all sales are final, and no returns, replacements or refunds are permitted.
16. General
These Terms represent the complete agreement and understanding between you and us and supersede all prior agreements and representations between the parties with respect to the subject matter of these Terms. These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and us. Headings used in these Terms are for reference purposes only and in no way define or limit the scope of the section. If any provision of these Terms is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable and the other terms of these Terms will remain in full force and effect. The failure of Texas Legal to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit Texas Legal’s rights with respect to such breach or any subsequent breaches. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms without restriction. Any use of the term “including” or variations thereof in these Terms shall be construed as if followed by the phrase “without limitation.” Without limitation, a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Contact Texas Legal:
7500 Rialto Boulevard, Building One, Suite 120
Austin, TX, 78735
1-800-252-9346
members@texaslegal.org