Effective: May 1, 2021
Not Legal Advice
This Site and the materials on the Site have been prepared by the Firm for informational purposes only and do not constitute legal advice. Receipt of information contained on this Site does not create an attorney-client relationship. Do not act on this information without seeking professional counsel. By accessing this Site, you acknowledge and agree that any communication or material you submit to the Site or the Firm, in any manner and for any reason, will not be treated as confidential or proprietary prior to the Firm accepting representation of you and providing notice to you that a formal attorney-client relationship has been established.
The materials and content contained on this Site include, without limitation, all designs, logos, text, graphics, photographs, information, data, software, other files, and the selection and arrangement thereof (collectively the “Site Content”). Unless otherwise indicated on this Site, the Site and the Site Content are the proprietary property of the Firm or its licensors and are protected in the United States and internationally by copyright, trademark, and other intellectual property laws. You are granted a nonexclusive, nontransferable, revocable, limited license (“License”) to access and make personal, noncommercial use of the information and services on this Site. The License is subject to these Terms and does not include (a) any resale or commercial use of this Site or the Site Content; (b) the distribution or public display of this Site or any Site Content; (c) modification or other derivative uses of this Site or the Site Content, or any portion thereof; (d) use of any data mining, robots, or similar data gathering or extraction methods; (e) the download (other than page caching) of any portion of this Site, the Site Content, or any information contained therein, except as expressly permitted by the Site; or (f) any use of this Site or the Site Content other than for their intended purpose. You may only provide links to the Home page of this Site, if (i) you do not remove or obscure, by framing or other method, any portion of the Home page and (ii) you agree to discontinue providing links to the Home page if requested by the Firm.
Any use of this Site or the Site Content other than as specifically authorized herein, without the prior written permission of the Firm, is strictly prohibited and will automatically terminate the License. Such unauthorized use may also violate (i) applicable laws including, without limitation, copyright and trademark laws and (ii) applicable communications statutes and regulations. Unless specifically stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or other method. Notwithstanding any of these Terms, the Firm reserves the right, without notice and in its sole discretion, to terminate the License and to block or prevent your future access to and use of this Site at any time and for any reason.
Disclaimer of Warranties and Limitation of Liability
THE FIRM PROVIDES THIS SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE FIRM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR AS TO THE CONTENT, INFORMATION, OR SERVICES INCLUDED ON THE SITE. FURTHERMORE, THE FIRM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT THE SITE OR ITS CONTENT WILL BE ERROR-FREE OR THAT THE SITE OR ITS SERVERS WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT YOUR USE OF THIS SITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE FIRM DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED. THE WARRANTIES THAT ARE DISCLAIMED INCLUDE, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL THE FIRM OR LAURIE A. SCHLICHTER (“MEMBER”) BE LIABLE FOR ANY DAMAGES, LOSSES, COSTS, OR EXPENSES OF ANY KIND ARISING FROM, RELATED TO, OR RESULTING FROM THE USE OF, OR INABILITY TO USE, THIS SITE OR ANY INFORMATION OR CONTENT CONTAINED ON THE SITE. THE DAMAGES REFERENCED ABOVE INCLUDE, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, AND PUNITIVE DAMAGES.
You agree to indemnify the Firm and its Member, licensors, and third-party service providers and to defend them against and hold them harmless from all claims, losses, expenses, damages, and costs, including reasonable legal fees, resulting from any violation of these Terms by you.
Third Party Sites
Although this Site may be linked to other websites, the Firm is not, directly or indirectly, implying any approval of, association with, sponsorship of, endorsement of, or affiliation with the linked websites, unless expressly stated in the Site Content. When you link to any other website or off-site page, you do so at your own risk. The Firm makes no claim or representation regarding and accepts no responsibility or liability of any kind for the quality, content, nature, or reliability of third-party websites accessible by hyperlink from this Site or of websites linking to the Site. Such websites are not under the control of the Firm and the Firm is not responsible for the content of any linked website or any links contained in any linked website. Furthermore, the Firm makes no claim or representation regarding any review, change, or update to such websites and accepts no responsibility or liability of any kind for the same. When you leave this Site, these Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering, of any site to which you navigate from this Site.
When you visit this Site and electronically communicate with the Firm by sending an email, for example, you consent to receive electronic communications from the Firm. You accept that all agreements, notices, disclosures, and other communications that the Firm electronically provides to you satisfy any legal requirement that such communications be in writing.
You acknowledge and agree that any question, comment, suggestion, feedback, idea, or other information or material regarding this Site, the Firm, or the Firm’s general services, excluding any client information, (collectively the “Submission”) provided by you to the Firm in an email or other submission, or any posting on this Site, are (as between you and the Firm) non-confidential and shall become the sole property of the Firm. The Firm shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of such Submission for any purpose, commercial or otherwise, without acknowledgement by or compensation to you. The Firm reserves the right to restrict or remove any Submission at any time and for any reason without notice.
Severability of Provisions
The Firm’s failure to enforce any right or provision of these Terms does not constitute a waiver of such right or provision. If a provision of these Terms is held invalid, void, unenforceable, or otherwise defective by a tribunal of appropriate jurisdiction, all other provisions herein will remain enforceable in accordance with their terms and the provision in question will be deemed modified, but only: (i) as between the parties, (ii) in the appropriate jurisdiction, (iii) to the extent necessary to cure the defect, and (iv) until such time, if any, as the tribunal’s holding, in relevant respects, is vacated, reversed on appeal, legislatively overruled, or otherwise set aside.
Governing Law and Venue
These Terms and your use of this Site shall be governed by and construed in accordance with the laws of the State of Texas, without resort to conflict of law principles. By using this Site, you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of any Texas court presiding over any suit, action, or proceeding arising from these Terms.