Terms of Use Agreement
This Statewide Public Notice Database, www.texaspublicnotices.com (“Statewide Database”), which serves as a statewide repository of notices, is hereby established pursuant to Texas Government Code 2051.054. The capability of placing notices to this Statewide Database by newspaper publishers is one component of the publication requirements for Legal Notices under Texas law.
These Terms of Use ("Terms") explain the contractual agreement between you and Texas Press Association ("TPA") regarding your use of this Statewide Database and the public records within the Statewide Database. TPA provides basic access to this Statewide Database free of charge to members of the public. TPA may charge a fee for enhanced search capabilities by way of the "smart search" option.
1. ACCEPTING & UPDATING THESE TERMS
By using the Statewide Database you agree to these Terms. TPA may update those Terms from time to time. The updated Terms shall be effective once posted. If you have any questions about these Terms or the Statewide Database, please contact TPA at admin@texaspublicnotices.com.
2. THIRD PARTY CONTENT
Texas newspapers are required by law to upload notices to the Statewide Database. Because content is submitted by third parties directly, TPA exercises no control over that content or its accuracy, nor does TPA assume any responsibility for the timely publication of these notices. You agree that TPA shall not be responsible or liable for any loss caused or alleged in connection with use of the Statewide Database.
3. USE OF CONTENT ON SITE
TPA grants you permission (which may be revoked at any time for any reason or no reason) to view this site and to download or print individual pages of this site solely for your own personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained in such content. No other use is permitted. You may not, for example, incorporate the content in any database, compilation, archive or cache. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, reuse, resell, trade, license, create derivative works from, transfer, sell, or otherwise exploit for any commercial purposes any information, software, products or services obtained from this site. You may not engage in any screen scraping, database scraping, or spidering, or collection of personally identifiable information, or use of any other automated means to collect information from the site. You may not use any software, tool, or other device (such as browsers, spiders, or avatars) to search the site, other than the search functionality offered through the site or other generally available web browsers. Any rights not expressly granted herein are reserved.
4. DISQUALIFICATION AND TERMINATION
You agree that TPA, in its sole discretion, may disqualify you from using the Public Notice Database if TPA believes that you have violated or acted inconsistently with the letter or spirit of the Terms or Texas’ Public Notice laws. TPA shall not be liable to you or any third party for termination of your access to the Public Notice Database. TPA may terminate a user’s smart search subscription, if that user fails to pay for this enhanced search feature.
TPA may terminate a user’s smart search subscription for any reason and refund the remaining prorated balance. We reserve the right to block IP addresses that exhibit bot like activity including the opening of multiple accounts in a manner inconsistent with average human data consumption.
Newspapers, as a condition of uploading notices to this site, must meet the requirements of chapter 2051.044 of Texas Government Code. TPA takes no responsibility for certifying that any newspaper meets those requirements. Each person or public body placing a notice for publication with a newspaper is responsible for selecting a newspaper which meets the specific requirement for each notice. The requirements of each statute which requires the publication of the notice should be reviewed to determine which newspaper or newspapers are eligible to publish the notice. TPA assumes no responsibility for the selection of the appropriate newspaper for publication.
5. PRIVACY
Except for smart search subscribers, TPA does not collect names or addresses of the Statewide Database users. Unless required by law, TPA does not sell, rent, barter mailing lists of users or disclose users' names, addresses, or other personally identifying information.
6. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE STATEWIDE DATABASE IS AT YOUR SOLE RISK. THE STATEWIDE DATABASE IS PROVIDED "AS IS." TPA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION OBTAINED BY WAY OF THE STATEWIDE DATABASE SHALL CREATE ANY WARRANTY BINDING TPA.
7. INDEMNIFICATION
You agree to indemnify and hold TPA, and its subsidiaries, affiliates, agents or other partners, and employees, harmless for any claim, including reasonable attorneys' fees, made by any third party arising out of (a) your breach of any of your representations, warranties or obligations hereunder, (b) your use of the Statewide Database.
8. ATTORNEYS' FEES
You agree that if the TPA brings a lawsuit against you for breach of these Terms and if TPA wholly or partly prevails in such lawsuit, you shall pay TPA its reasonable attorneys’ fees and costs incurred in connection with such lawsuit.
9. LIQUIDATED DAMAGES
You agree that if you violate the Terms, or you encourage or induce or otherwise aid and abet others to do so, you will be jointly and severally liable to TPA for liquidated damages as follows: (a) for incorporating the site content in any database, compilation, archive or cache--$100 per public notice affected or $10,000 per incident, whichever is greater; (b) modifying, copying, distributing, transmitting, displaying, performing, reproducing, publishing, reusing, reselling, trading, licensing, creating derivative works from, transferring, selling, or otherwise exploiting for any commercial purposes any information, software, products or services obtained from this site--$100 per public notice affected or $10,000 per incident, whichever is greater; and/or (c) engaging in any screen scraping, database scraping, or spidering, or collection of personally identifiable information, or use of any other automated means to collect information from the site or using any software, tool, or other device (such as browsers, spiders, or avatars) to search the site, other than the search functionality offered through the site or other generally available web browsers--$100 per public notice affected or $10,000 per incident, whichever is greater. You will be liable for these damages or, if it can be calculated, the actual costs and actual damages for breach of these Terms, whichever is greater. You agree these amounts are: (i) not a penalty, (ii) because actual damages can be difficult to calculate, a reasonable estimate of TPA’s damages, and (iii) do not otherwise limit TPA’s ability to recover under any legal theory or claim. You also agree that copying the public notices will irreparably harm TPA and entitle TPA to injunctive or equitable relief, in addition to monetary damages.
10. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TPA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TPA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE STATEWIDE DATABASE; (b) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE STATEWIDE DATABASE; OR (d) ANY OTHER MATTER RELATING TO THE STATEWIDE DATABASE. UNDER NO CIRCUMSTANCES SHALL IPA BE LIABLE FOR ANY LOSSES OR DAMAGES, WHETHER IN CONTRACT, TORT OR OTHERWISE, FROM THE USE OF, OR RELIANCE ON THE USE OF THE STATEWIDE DATABASE.
11. GOVERNING LAW & JURISDICTION
The Statewide Database is compiled and made available to the public by TPA from its offices in Austin, Texas, United States of America. If you choose to access this database from outside Texas you alone are responsible for compliance with applicable local laws. Any legal dispute relating to the Statewide Database shall be governed by Texas law and adjudicated by the District Court of Travis County or the United States District Court for the Western District of Texas, and you consent to the personal jurisdiction of those courts.
12. OTHER GENERAL PROVISIONS
These Terms constitute the entire agreement between TPA and you and govern your use of the Statewide Database, superseding any prior agreements between you and TPA. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in force. TPA’s failure to act with respect to a breach by you or others does not waive TPA’s right to act with respect to subsequent or similar breaches. By using the Statewide Database, you represent that you can form legally binding contracts. These Terms and all writings incorporated by reference into the Terms set forth the entire agreement between us with respect to the Statewide Database.