- Description of the Site: The Site is designed to allow users to view The Firm descriptions of services and blog, receive newsletters with information and offers, and download related files. The Site enables its Users to view information related to its legal services (“Services”). The Firm may also impose limits on certain Site services and features, limit any Services, and restrict access to parts of the Site or to the entire Site in The Firm’s sole and absolute discretion and without notice or liability to anyone. These Terms apply to all Users of the Site. The Site may include proprietary and third-party information, including but not limited to all Services, pictures, reviews, labels and other information supplements, in textual, visual, audio, video or other digital formats offered via the Site.
- Legal Disclaimer: The information and materials on this website are for informational purposes only and are not to be construed as legal advice, legal opinions, or any other type of professional advice. Communications via this website do not establish an attorney-client relationship. An attorney-client relationship with The Morris Law Firm, PLLC requires review of any potential or actual conflicts of interest, as well as the execution of a legal services agreement (“LSA”) setting out the scope and terms of any engagement of the Firm for legal representation. If you do not have a signed LSA with the Firm, you are not a client and you should not take anything you read on this website or hear from us in email, social media or anywhere else as advice for your specific information. Even if you are a client, be careful not to rely upon general information we publish as specific advice for your unique situation.
- Term and Termination: The Firm may decide at any time in its sole and absolute discretion whether to remove or terminate a User’s access to the Site, its Services, for any reason, including but not limited to violations of these Terms. The Firm may or may not provide notice to you of such termination through any reasonable means including, but not limited to, sending notice to you at the e-mail address that you provided during or subsequent to registration or purchase. Such termination is effective when executed by The Firm or upon transmittal by us. However, your obligations of indemnification pursuant to these Terms shall survive any termination. Unless otherwise stated in writing, the relationship between User and The Firm shall continue indefinitely.
- Proprietary Rights of Content: The content on the Site, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, and interactive features, (the “Content”) and the trademarks, service marks and logos contained therein (the “Marks”), are owned by or licensed to The Firm, subject to all intellectual property rights, including but not limited to trademark, copyright, licensing, patent, trade secret and other proprietary rights laws. The copying, redistribution or publication by you of any part of the Site or Services is strictly prohibited. You do not acquire ownership rights to any Content, Marks, or other materials viewed at, on or through the Site or Services. The posting of information or material at or on the Site by The Firm does not constitute a waiver of any right in such information and materials. All images, text, design and layouts are copyright protected under federal copyright laws and are the sole property of The Firm or its licensors. No form of reproduction of these images and photographs, including downloading, copying or saving of digital image files is authorized without the express written consent of The Firm.
- User Submissions. This section governs the Submission of any communications through the Site. As Users, you may communicate with the Firm via a contact form located on the Site (“Submission(s)”). The Firm does not condone or tolerate the submission of illegal or inappropriate content. By entering your Submissions, or attempting to enter your Submissions, you hereby agree, and are fully subject, to these content terms (“Content Terms”). These Content Terms govern each and every Submission that you transmit through the Site. In consideration for posting your Submissions to the Site, you represent, warrant and agree that:
- You are eighteen (18) years of age or older
- The Submissions do not contain obscene material, as defined under US local, state or federal law, including, but not limited to, violence, other illegal activities, nudity or contraband;
- You have full rights to use and dispose of any rights including, without limitation, any and all copyrights, associated with the Submissions;
- You agree to defend, indemnify, and hold harmless The Firm, its parents, subsidiaries, affiliates, heirs and assigns from any disputes, complaints, or legal action taken against you for intellectual property infringement activity related to the Submissions, including, but not limited to, trademark, copyright, or patent infringement.
- Conduct: You agree to use the Site in a manner consistent with any and all applicable laws and regulations as they now exist or may herein after be promulgated. You agree not to:
- Post, or attempt to post, any text, audio, photographs, videos or other images containing offensive or confidential information;
- Impersonate any person or entity;
- Express or imply, without The Firm’s specific, prior, written consent that any statements you make are endorsed by The Firm;
- Harvest or collect personal information about other Users, whether or not for commercial purposes, without their express consent;
- Use any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;
- Post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of The Firm or the owner of such proprietary rights;
- To access Submissions or the Site through any technology or means other than through the means provided on the Site themselves or other explicitly authorized means The Firm may designate;
- Remove any copyright, trademark or other proprietary rights notices contained on the Site;
- Interfere with or disrupt the Site, or the servers and networks connected to the Site;
- Post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Site;
- “Frame” or “mirror” any part of the Site, without The Firm’s specific, prior written authorization;
- Use metatags, code or other devices containing any reference to The Firm or the Site in order to direct any person to any other website for any purpose; or modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site or any software used on or for the Site or cause others to do so; and
- To use the Site, including any tools or technologies made available therein, for any commercial purpose, without the prior written consent of The Firm. Prohibited commercial uses include any of the following actions taken without The Firm’s express consent: (i) sale of access to the Site or Services on another website; or (ii) use of the Site or Services for the primary purpose of gaining advertisements or subscription revenue.
Engaging in any of the aforementioned prohibited practices shall be deemed a breach of these Terms and may result in the immediate termination of your User access pursuant to these Terms. The Firm reserves the right to pursue any and all legal remedies against Users who engage in any of the aforementioned prohibited conduct. However, in any event, The Firm assumes no responsibility for the conduct of other Users of the Site.
- License Grant: Company grants to the User a non-exclusive, non-transferable, revocable and limited license to access and use the Site (and its associated content) or Services in accordance with this Agreement. The Firm retains the right to terminate this license, without notice, in The Firm’s sole and absolute discretion, at any time for any reason whatsoever. The Firm also reserves any rights not explicitly granted in these Terms. No part of the Site or Services may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site, Services, or any portion thereof. You may not use any device, software or routine to interfere, or attempt to interfere, with the proper functioning of the Site or Services. You may not take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure.
- Indemnification: You agree to indemnify, defend and hold The Firm, and its subsidiaries, affiliates, officers, parent companies, agents, co-branders or other partners, employees, heirs, and assigns (each a “Covered Party”), harmless, at your expense, against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, attorneys’ fees and other dispute resolution expenses) incurred by any Covered Party or other third party and arising out of, (i) your use or misuse of the Site or its Services, or (ii) arising from your violation or breach of any term of these Terms or any policies, rules or guidelines referenced herein.
- Warranties: You expressly agree that access or use of the Site or its Services is at your sole risk. The Site and Services are provided on an “AS IS” and “AS AVAILABLE” basis, without any express or implied warranty of any kind, including, but not limited, non-infringement of intellectual property. The Site and Services may contain bugs, errors, problems or other limitations. The Firm and the Covered Parties have no liability whatsoever for your use of, or inability to use, the Site or Services to the fullest extent permitted by applicable law. The Firm and the Covered Parties are not liable to you or to any third party for any indirect, special, incidental or consequential damages, whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. The negation of damages set forth above is a fundamental element of the basis of the bargain between you and The Firm. The Site and Services would not be provided to you without such limitations.
No advice or information, whether oral or written, obtained by you from The Firm through the Site or Services shall create any warranty, representation or guarantee not expressly stated in this Agreement. The Firm is not responsible to you or any third party, without limitation, for: 1) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or alteration of, User’s communications; 2) the conduct of any Users, whether online or offline; 3) any computer virus or other malicious, destructive or corrupting code, agent, program or macros; or 4) any infringement of another’s rights, including intellectual property rights. The Firm shall not be liable to you for any content or information supplied by third parties, even if obtained through the Site or Services. If you are dissatisfied with the Site, Services or with this Agreement, your sole and exclusive remedy is terminated access and discontinued use of the Site and Services.
THE FIRM MAKES NO WARRANTY THAT (I) THE SITE OR ANY INFORMATION THEREIN WILL MEET ANY PARTICULAR REQUIREMENT OR EXPECTATION, (II) THE SITE ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY, ACCURACY, LIKELY RESULTS OR RELIABILITY OF ANY SERVICES, ARTICLES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Third-party Websites: The Site may contain links to other third-party websites not owned or controlled by The Firm. The Firm has no control over, and assumes no responsibility or liability for, the content, privacy policies, or practices of any third-party site. By using the Site, you expressly relieve The Firm from any and all liability arising from your use of any third-party website. Furthermore, The Firm does not endorse, and is not responsible or liable for, any content, advertising, services, products or other materials at or available through such third-party websites or resources, or for any damages or losses arising therefrom. Accordingly, you are encouraged to be aware when you leave the Site and to read the terms and conditions and privacy policies of each other website that you visit. You will bound by the terms and conditions, policy policies, and rules and regulations of any The Firm or third-party website you access through the Site.
- Miscellaneous: Should any part of this Agreement be held invalid or unenforceable, that portion shall be revised to the extent that is possible to carry out the parties’ intent. If such revision is not possible, that portion shall be severed and the remaining portions shall remain in full force and effect. To the extent that anything in, or associated with, the Site or Services is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.
The Firm’s failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision, or any other provisions in this Agreement.
You expressly authorize The Firm to comply with any and all lawful notices, subpoenas, court orders or warrants without prior notice to you.
The titles and subtitles used in this Agreement are used for convenience only and shall not be considered in the interpretation of this Agreement.
This Agreement and any exhibits attached hereto constitute the entire agreement of The Firm’s Terms of Service and supersede all prior agreements between you and The Firm with respect to the Site and Services provided herein.
- Legal Warning: Any attempt by any individual, whether a User’s or otherwise, to damage, destroy, tamper with, vandalize or otherwise interfere with the operation of the Site or Services, is a violation of criminal and civil law. The Firm will diligently pursue all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
- Limitation of Liability: YOU EXPRESSLY UNDERSTAND AND AGREE THAT, EXCEPT AS OTHERWISE PROHIBITED BY LAW, THE FIRM WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE FIRM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), RESULTING FROM: (I) YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) CONDUCT OF ANY THIRD PARTY ON THE SITE; (IV) ANY OTHER MATTER RELATING TO THE SITE OR SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE OR SERVICES.
- Governing Law and Dispute Resolution: This Agreement shall be treated as though it were executed and performed in Travis County, Texas, USA and shall be governed in all respects by the laws of the State of Texas without regard to its conflicts of laws provisions. Before resorting to the formal dispute resolution steps listed below, The Firm requires you to first contact us directly to seek a resolution by sending an email to firstname.lastname@example.org. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall first be submitted to mediation in Austin, Travis County, Texas by a mediator appointed by The Firm. Both parties will share the costs of mediation. If the dispute is not resolved after attempted mediation in good faith, the matter shall be settled by a district court in Austin, Travis County, Texas.
Notwithstanding the foregoing, you acknowledge that violation of these Terms and Conditions may cause Company to suffer immediate and material irreparable harm with incalculable damages that would be inadequately remedied by money damages. In response to such violations, Company may seek immediate equitable relief against you, including, but not limited to, specific performance, temporary restraining order and injunctive relief, without first pursuing informal resolution or mediation.