Terms & Conditions Governing Your Use of This Website
Last Updated: August 1, 2008
PLEASE READ THIS TERMS & CONDITIONS AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE USING THIS WEBSITE. Hollister Legal Services, PLLC (“HLS” or “Firm”) provides this website and website-related services (collectively, the “Site”) subject to your compliance with the terms and conditions set forth in this agreement (the “Agreement”). This Agreement governs the relationship between the Firm and you, the Site visitor, regarding your use of the Site. It is important that you understand the terms and conditions of this Agreement by reading it very carefully. BY USING THE SITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. If you do not agree to these terms and conditions, you must not use the Site.
HLS may, at its sole discretion, revise or otherwise update this Agreement at any point in time by posting an amended Agreement on the Site. Any changes that HLS makes to this Agreement will be effective immediately upon posting. Please check this page frequently for changes to the Agreement; you will be able to determine if this Agreement has been changed since your previous visit by viewing the “Last Updated” information that appears at the top of this Agreement. Your use of the Site following the posting of an updated Agreement constitutes acceptance of the updated Agreement.
Further, the Firm reserves the right, at any time, to modify or discontinue, temporarily or permanently, the Site (or any part thereof) without notice. You agree that HLS shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site, or of any Materials (as defined below).
HLS does not necessarily endorse, and is not responsible for, any third-party content that may be accessed through this Site.
If you have any questions about this Agreement, please contact HLS at firstname.lastname@example.org.
1. Important Notices. HLS makes available the information and materials on the Site (the “Materials”) for general informational purposes only. The Materials are not intended to constitute, and do not constitute, legal advice. Moreover, the Materials are not intended to constitute, and do not constitute, a solicitation for the formation of an attorney-client relationship; no attorney-client relationship is created through your use of the Site or your receipt of the Materials. Anyone accessing the Materials should NOT rely upon them without first seeking legal counsel. Further, the Materials are general in nature, and may not apply to particular factual or legal circumstances. Any information sent to HLS via Internet e-mail or through the HLS Site is not secure and is done so on a non-confidential basis.
HLS does not seek to represent anyone desiring representation based upon accessing the Site in a jurisdiction where the Site fails to comply with applicable laws and ethical rules. In addition, HLS attorneys do not seek to practice law in any jurisdiction in which the Firm and its members are not properly authorized to do so.
2. HLS’ Proprietary Rights. You acknowledge and agree that the Site and the Materials are protected by copyright, trademark, and/or other proprietary rights and laws and shall remain the property of HLS and/or its licensors. Unless expressly authorized in advance by the Firm, you agree not to distribute, transmit, copy, display, or create derivative works of the Site or any of the Materials, provided that, subject to your compliance with this Agreement, HLS does grant to you a limited, personal, revocable, non-transferable and non-sublicensable license to: (a) to print out pages of this Site for your personal, non-commercial use; and (b) access the Site and the Materials via the Internet solely for purposes of viewing such materials.
Trade names, trademarks, and service marks of HLS or its affiliates include, without limitation, “Hollister Legal Services, PLLC,” “HLS,” “Hollister CPA Services, LLC”, “Hollister CPA” and any associated logos. The trade names, trademarks, and service marks owned by HLS or its affiliates, whether registered or unregistered, may not be used in connection with any product or service that is not either the Firm’s or one of HLS’ affiliate’s product or service, or in any other manner that is likely to cause confusion or dilution. All trade names, trademarks and service marks on the Site that are not owned by HLS or its affiliates are the property of their respective owners. Nothing on the Site should be construed as granting, by estoppel, implication, or otherwise, any right or license to use any of HLS’ (or its affiliates’) trade names, trademarks, or service marks without the Firm’s (or the relevant affiliate’s) prior express written permission.
3. Rules of Conduct. You agree to comply with all applicable laws, rules and regulations in accessing and/or using the Site and/or any Materials. In addition, your use of the Site is conditioned on your compliance with the following rules of conduct. You agree not to:
- Interfere with or disrupt the operation of the Site;
- Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site or Materials; Transmit or otherwise make available in connection with the Site any virus, worm, Trojan Horse, or other harmful code;
- Interfere with or violate any other Site visitor’s privacy right or other rights, or harvest or collect personally identifiable information about Site visitors or users, or about HLS attorneys, other employees and representatives identified on the Site, without their express consent;
- Use the Site for any fraudulent or unlawful purpose;
- Exploit, sell, resell, transfer, or license for any commercial purposes any use of or access to the Site or the Materials;
- Restrict or inhibit any other person from using the Site, including by means of hacking or defacing any portion of the Site;
- Impersonate the Firm, any Firm employee, agent, or representative; falsely state or otherwise misrepresent your identity or your affiliation with any person or entity; or express or imply that HLS endorses any statement you make; and
- Frame or mirror all or any part of the Site without our prior express written authorization.
4. Disclaimer of Warranties. THE SITE AND THE MATERIALS ARE PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. HLS, ITS AFFILIATES AND ITS SUPPLIERS DO NOT MAKE ANY, AND HEREBY DISCLAIM ALL, WARRANTIES THAT MIGHT ARISE FROM YOUR USE OR RELIANCE ON THE SITE (INCLUDING ANY LINKS TO OTHER WEBSITES THAT ARE CONTAINED WITHIN THE SITE) AND THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
5. Liability Limitation and Indemnity.
- NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, HLS, ITS AFFILIATES AND ITS SUPPLIERS WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF HLS, ITS AFFILIATES AND/OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR THE MATERIALS IS TO STOP USING THE SITE OR THE MATERIALS.
- You agree to defend, indemnify and hold harmless HLS, its affiliates and its suppliers, and each of their respective partners, employees, representatives and agents, from and against all claims, losses, costs, damages, liabilities, and expenses (including but not limited to attorneys fees) arising out of: (a) any violation of this Agreement by you; (b) any improper or unauthorized use of the Materials by you; (c) your activities in connection with the Site; or (d) any allegation that anything you transmit through or in connection with the Site infringes or otherwise violates the copyright, trademark, trade secret, privacy, or other rights of any third party.
6. Jurisdictional Issues. The Site is controlled and operated by HLS from its principal office in Austin, Texas, U.S.A., and is not intended to subject HLS to the laws or jurisdiction of any state, country, or territory other than that of Texas, without regard to any applicable conflicts of law provisions thereof that may require the application of the laws of another jurisdiction and of the United States of America. HLS does not represent or warrant that the Site or the Materials, or any aspect thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access the Site or Materials do so on their own initiative and at their own risk, and are responsible for complying with local laws. HLS may limit the availability of the Site to any person, geographic area, or jurisdiction we choose, at any time in our sole discretion.
7. Governing Law and Forum. This Agreement is governed by and shall be construed in accordance with the laws of the State of Texas, United States of America, without regards to its principles of conflicts of law. In the event of a dispute arising under or relating to this Agreement, the Site or the Materials, you agree to the exclusive jurisdiction of the federal and state courts located in the State of Texas, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
8. U.S. Export Compliance. You agree not to transport, import, export or re-export all or any part of the Materials to (or to a national or resident of), or to use all or any part of the Materials from (as applicable): (a) Balkans, Burma (Myanmar), Cuba, Iran, Liberia, North Korea, Sudan, Syria, or any other country to which the United States has embargoed goods; or (b) any person or entity on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders, and you represent, warrant, and covenant to HLS that you are not located in or under the control of any such country or on any such list.
- Validity. Any term or provision of this Agreement which is invalid or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such invalidity or unenforceability without rendering invalid or unenforceable the remaining terms and provisions of this Agreement or affecting the validity or enforceability of any of the terms or provisions of this Agreement in any other jurisdiction. If any provision of this Agreement is so broad as to be unenforceable, the provision shall be interpreted to be only as broad as is enforceable.
- Laches. The failure of HLS to enforce at any time or for any period of time any of the provisions of this Agreement shall not be construed to be a waiver of such provisions or of its right thereafter to enforce each and every provision.
- Equitable Actions. You and the Firm agree that irreparable damage would occur in the event any provision of this Agreement was not performed in accordance with the terms hereof and in accordance with its terms, HLS is entitled to specific performance of the terms hereof, in addition to any other remedy at law or equity.
- Section Headings. When a reference is made in this Agreement to Sections such reference shall be to a Section of this Agreement, unless otherwise indicated. Whenever the words “include,” “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation.” No provision of this Agreement shall be deemed to be construed to require either you or HLS or its affiliates to take any action that would violate applicable Law. References to dollar amounts herein shall not be deemed an admission that such amounts are material.
- Drafting Party. Notwithstanding the fact that this Agreement has been drafted or prepared by HLS, you and HLS agree you and your respective counsel have reviewed, negotiated and adopted this Agreement as the joint agreement and understanding of you and the Firm, and the language used in this Agreement shall be deemed to be the language chosen by you and the HLS hereto to express the mutual intent, and no rule of strict construction shall be applied against the Firm.
- Assignment. You have no right to assign or transfer any of your rights or obligations hereunder. Any attempted assignment or transfer by you shall be void. This Agreement shall be binding on and inure to the benefit of the successors and permitted assigns of you.
- Entire Agreement. This Agreement constitutes the entire agreement between you and HLS with respect to the subject matter hereof and supersedes all other agreements and understandings, both written and oral, among you and the Firm with respect to the subject matter hereof. You and HLS agree neither has made any other representations and warranties, and you and the Firm hereby disclaim any other representations and warranties made by you or HLS and its members, managers, employees, agents, financial and legal advisors or other representatives with respect to the execution and delivery of this Agreement or the transactions contemplated herein, notwithstanding the delivery or disclosure to you or your representatives of any documentation or other information with respect to any one or more of the foregoing. Neither the course of conduct between you and HLS, nor trade practice, shall act to modify any provision of this Agreement.