Terms and Conditions of Use
We’re glad you’re here; we just ask that you respect our rules in our home.
TERMS AND CONDITIONS OF USE
User’s Acknowledgement and Acceptance of Terms.
We make various information available on this Site. You are responsible for providing, at your own expense, all equipment necessary to use the information provided, including but not limited to a computer, modem and internet access (including payment of all fees associated with such equipment and access).
Legal Notice; No Legal Advice.
This Site is a public resource for general information about the Firm. This Site does not provide legal advice, and should not be construed by you as a source of legal advice. The information and materials on this Site are general in nature, and may not apply to particular factual or legal circumstances. The content of this Site may not reflect current legal developments, verdicts or settlements. The Site is not a substitute for legal advice. You should not rely or act upon the contents of this Site without seeking advice from your own attorney. Use and access to this Site or any materials or information provided on this Site does not create an attorney-client relationship between you and the Firm. By providing public access to this Site, We are not purporting to solicit or render legal or other professional advice or opinions on specific facts or matters, and We are not creating or intending to solicit or create an attorney-client relationship between you and the Firm. While you may contact Us through this Site or by other means, do not send to Us any unsolicited information about any legal problem. Any information submitted by you to Us or any of Our attorneys or personnel via this Site, an email, or any other means will not be considered an attorney-client communication or otherwise be treated as confidential or privileged in the absence of a formal engagement agreement between you and the Firm.
We accept clients only in accordance with certain formal procedures, and We render legal advice only after completion of those procedures. To obtain legal representation from Us, you must first undergo a personal interview with a Firm attorney and establish an attorney-client relationship with the Firm pursuant to a formal engagement agreement. Whether you are a new or existing client of the Firm, We cannot represent you on a new matter until We determine that there are no conflicts of interest and We are willing and able to accept such new engagement in writing. Legal results obtained depend on the facts of each case and prior results do not guarantee a similar outcome. The Firm and its attorneys do not seek to practice law in any jurisdiction in which We are not properly authorized to do so. Unless specifically indicated on the Site, Firm attorneys are only licensed to practice law in the State of Texas, USA, and none of the Firm’s attorneys are certified by the Texas Board of Legal Specialization.
Conduct on this Site.
IMPROPER USE OF THIS SITE WILL RESULT IN LOSS OF ACCESS TO THIS SITE AND ANY MATERIALS OR CONTENT CONTAINED ON THIS SITE AND MAY RESULT IN CIVIL AND/OR CRIMINAL LIABILITIES. You acknowledge that We will cooperate fully with investigations of violations of systems or network security at other Sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
See “Unauthorized Use of Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this Site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
Third Party Sites and Information.
This Site may link you to other websites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties, including but not limited to the websites for the Firm’s case management portal and credit card processing vendors. These websites may contain information or material that some people may find inappropriate or offensive. These other websites and parties are not under the Firm’s control, and you acknowledge that We are not responsible for the accuracy, copyright or trademark compliance, legality, decency, or any other aspect of the content of such websites, nor are We responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the website or party by Us, or any warranty of any kind, either express or implied. We disclaim any responsibility for how confidential information or personally identifiable information is collected, protected and/or disclosed by the operators of those websites.
Intellectual Property Information.
Neither We nor Our Affiliates warrant or represent to you that your use of materials displayed on, or obtained through, this Site will not infringe on the rights of third parties. See “User’s Materials” below for a description of the procedures to be followed in the event that any party believes that content used or posted on this Site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
Unauthorized Use of Materials.
We respect the intellectual property of others, and We ask that you do the same. If you or any user of this Site believes its copyright, trademark, or other proprietary rights have been infringed by a posting or some other use of this Site, you or the user should send written notification to Our Designated Agent (as identified below) immediately. To be effective, the notification shall include:
- Sufficient detail to identify the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed);
- Identification of the material that you claim is infringing the copyrighted work described in Section (a) above;
- Reasonably sufficient contact information so that We may contact you (e-mail communications are preferred);
- If possible, provide information sufficient for Us to notify the owner or administrator of the allegedly infringing webpage or other content (e-mail communications are preferred);
- Include the following written statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law”;
- Include the following written statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
- Your signature.
Send the notification to the Designated Agent: Fincher Stroud Law, PLLC, Attn: Manager, 6009 Parker Road, Suite 149-289, Plano, TX 75093.
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, We may immediately remove the identified materials from Our Site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
Disclaimer of Warranties and Limitation of Liability.
ALL INFORMATION AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COURSE OF DEALING OR TRADE, NON-INFRINGEMENT AND QUIET ENJOYMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE SERVICES AND INFORMATION ON THIS SITE (1) WILL MEET YOUR REQUIREMENTS; (2) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR INFORMATION WILL BE EFFECTIVE, ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY SERVICES OR INFORMATION OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
WE MAKE NO GUARANTEE AS TO THE CONTINUOUS AVAILABILITY OF THIS SITE OR ANY SPECIFIC FEATURE THEREOF. YOU UNDERSTAND AND AGREE THAT TEMPORARY INTERRUPTIONS OF THE SERVICES AVAILABLE THROUGH THIS SITE MAY OCCUR AS NORMAL EVENTS. YOU FURTHER UNDERSTAND AND AGREE THAT WE HAVE NO CONTROL OVER THIRD PARTY NETWORKS YOU MAY ACCESS IN THE COURSE OF USE OF THIS SITE, AND THEREFORE, DELAYS AND DISRUPTION OF OTHER NETWORK TRANSMISSIONS ARE COMPLETELY BEYOND OUR CONTROL.
YOU AGREE THAT WE AND/OR OUR AFFILIATES SHALL NOT BE LIABLE TO YOU FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, DIRECT, INDIRECT, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS), ARISING OUT OF YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THIS SITE (OR OF ANY WEBSITE REFERENCED OR LINKED FROM THIS SITE) OR ANY FILES, PRODUCTS, SERVICES OR OTHER INFORMATION CONTAINED ON THIS SITE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDIES SET FORTH IN THIS AGREEMENT FAIL THEIR ESSENTIAL PURPOSE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR THE MATERIALS IS TO STOP USING THIS SITE OR THE MATERIALS.
Notwithstanding the foregoing, the disclaimer of certain warranties and/or the disclaimer/limitation of certain damages will not be deemed to disclaim liability specifically imposed on Us by statute or regulation, to the extent such liability cannot be waived or disclaimed. Some jurisdictions do not allow the disclaimer of implied warranties or the exclusion or limitation of liability for consequential or incidental damages, so the disclaimers or limitations set forth herein may not fully apply to you. To the extent that the disclaimers and/or limitations set forth herein are not fully enforceable under applicable law, you may have other legal rights which vary from jurisdiction to jurisdiction.
Indemnification AND RELEASE.
UPON A REQUEST BY US, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US AND OUR AFFILIATES HARMLESS FROM ALL THIRD-PARTY LIABILITIES, DAMAGES, CLAIMS AND EXPENSES, INCLUDING ATTORNEYS’ FEES AND SETTLEMENT COSTS ARISING OUT OF (1) YOUR ACTIVITIES IN CONNECTION WITH THIS SITE; (2) ANY VIOLATION OF THESE TERMS AND CONDITIONS BY YOU; (3) ANY IMPROPER OR UNAUTHORIZED USE OF THIS SITE (INCLUDING, WITHOUT LIMITATION, ANY MATERIALS OR CONTENT THEREIN) BY YOU; OR (4) ANY ALLEGATIONS THAT ANYTHING YOU TRANSMIT THROUGH OR IN CONNECTION WITH THIS SITE INFRINGES OR OTHERWISE VIOLATES THE PATENT, COPYRIGHT, TRADEMARK, TRADE SECRET, PRIVACY OR OTHER RIGHTS OF ANY THIRD PARTY. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.
THERE IS ALWAYS A POSSIBILITY OF COMPUTER VIRUSES. ALTHOUGH WE MAKE COMMERCIALLY REASONABLE EFFORTS TO PREVENT THE TRANSMISSION OF ANY VIRUSES TO OR FROM THIS SITE, PLACING YOUR SYSTEM ON-LINE CAN EXPOSE YOU TO OUTSIDE ATTACK. YOU RELEASE THE FIRM AND/OR ITS AFFILIATES FROM ALL RESPONSIBILITY OR LIABILITY FOR VIRUSES.
Security and Password.
You are solely responsible for maintaining the confidentiality of your password and account, if applicable, and for any and all statements made and act or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and We reserve the right to immediately terminate your account if you do transfer or share your account.
Participation in Promotions.
From time to time, this Site may include advertisements offered by third parties or Affiliates. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this Site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
We may employ automated monitoring devices or techniques to protect Our users from mass unsolicited communications (also known as “spam”) and/or other types of electronic communications that We deem inconsistent with Our business purposes. However, such devices or techniques are not perfect, and We are not responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.
Accounts may have a limited storage capacity. If you exceed the maximum permitted storage space, We may employ automated devises that delete or block data that exceeds the limit. In addition, We reserve the right to delete your account and any data stored on the Site if your account is inactive for one (1) year or more. We are not responsible for such deleted or blocked data.
Although this Site may be accessible worldwide, We make no representation that materials on this Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from countries outside of the United States do so own their own initiative and are responsible for compliance with local laws. Any offer for any product, service and/or information made in connection with this Site is void where prohibited.
Termination of Use.
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this Site immediately ceases, and you acknowledge and agree that We may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this Site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by Us in connection with such termination or suspension.
This Site (excluding any linked websites) is controlled by Us from Our offices located in Collin County, Plano, Texas, United States of America and is not intended to subject the Firm to the laws or jurisdiction of any state, country, or territory other than the State of Texas and the United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of The State of Texas, USA, by accessing this Site, you agree that the statutes and laws of the State of Texas, without regard to conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this Site and any disputes regarding your access to and/or use of this Site and/or the information posted on this Site. Venue in any such dispute will be laid exclusively in state or federal courts located in Collin County, Texas; provided however, nothing contained in this sentence will be deemed to waive any right that may exist to remove a dispute from state court to federal court. We may limit the availability of the Site to any person, geographic area, or jurisdiction that We choose at any time in in Our sole discretion. You agree that the statute of limitations for any claim against the Firm shall be brought within one year from when the claim arose, and any claims not brought within such period of time shall be deemed waived.
All notices to a party shall be in writing and shall be made via conventional mail. Notices sent to Us must be sent to the attention of Our Designated Agent. Notices to you may be sent to the address supplied by you as part of your Registration Data. In addition, We may broadcast messages or notices through this Site to inform you of changes to the Site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
When you visit this Site or send emails to the Firm and/or its Affiliates, you are communicating with Us electronically. You thereby consent to receive communications from Us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that We provide to you electronically satisfy any legal requirement that such communications be in writing.
In addition to any excuse provided by applicable law, We shall be excused from liability for non-delivery or delay in delivery of products and services available through Our Site arising from any event beyond Our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond Our reasonable control, whether or not similar to those which are enumerated above.