Effective Date: April 17, 2019 (Last Updated: April 17, 2019)
1. Acceptance of Terms. By using the Site, you confirm that you are at least 18 years old (or if you are between 13 and 17 years old, inclusive, that you are using the Site only with the approval of your parent or guardian), that you understand and agree to be bound by the terms set forth herein (including, without limitation, your indemnity obligation contained in section 5, below, and the Warranty Disclaimers, Limitation of Liability, and Class Action Waiver contained in section 6, below), and to any additional terms, conditions, rules and guidelines that we post on the Site, and that you are legally able to enter into this agreement.
2. Special Admonition for International Use. Recognizing the global nature of the Internet, you understand that the Site is controlled and/or operated from the United States, and is not intended to subject us to non-U.S. jurisdiction or laws. The Site may not be appropriate or available for use in some jurisdictions outside of the United States. If you use the Site, you do so at your own risk, and you are responsible for complying with all local laws, rules and regulations, including, without limitation, applicable laws regarding the transmission of data exported from the United States or the country in which you reside. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
3. Legal Notices; Matters of Professional Responsibility.
a. No legal advice is provided on the Site. HM provides the information on this Site (“Content”) for general informational purposes only. While the Content on the Site may concern legal issues, such Content is not and does not constitute legal advice, and you should not rely on such Content without first seeking advice from professionals qualified in the applicable subject matter and jurisdictions to advise you. HM expressly disclaims all liability in respect to actions taken or not taken by you based on the Content.
b. No attorney-client relationship is created by your use of or access to the Site. Your use of and access to the Site, receipt of the Content, or transmission of electronic mail to addresses posted on the Site, does not create an attorney-client relationship between you and HM. HM has a policy of entering into attorney-client relationships with its clients only in accordance with certain procedures which include executing an engagement letter and addressing professional responsibility conflicts as required by the State Bar of Texas.
c. No Advertising or Solicitation. The Site is not intended to be an advertisement but may be deemed an advertisement in certain jurisdictions. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. No representation is made that the quality of the legal services to be performed is or will be greater than the quality of legal services performed by other lawyers. Prior results do not guarantee a similar outcome.
d. Electronic Communications. Any information you submit to HM via the Site or by electronic mail will not be considered an attorney-client communication or otherwise treated as confidential or privileged in absence of a pre-existing written agreement between you and HM to the contrary. In addition, you acknowledge that electronic mail and the Internet are generally insecure methods of communication, and HM cannot guarantee the confidentiality of any electronic mail sent to or received by it or any information submitted by you to HM.
e. Authorized Jurisdictions; Certifications. Each HM attorney is licensed to practice only in those jurisdictions set forth in that attorney’s biography on the Site. Unless otherwise indicated, the lawyers are not certified by the Texas Board of Legal Specialization. The International Association of Privacy Professionals (IAPP) is not recognized by the State Bar of Texas as a certification authority.
f. Principal Office; Responsible Attorney. HM’s principal office is in Dallas, Texas. HM’s responsible attorney for the Site is Kathryne (Kate) M. Morris. Questions or concerns regarding the Site may be submitted to email@example.com.
a. Ownership by HM. As between you and HM, all right, title and interest in the Site (including all copyrights, trademarks and other intellectual property rights) belongs to HM or its licensors. In addition, the names, images, pictures, logos, icons and other marks identifying our products and services are proprietary marks of HM. Except as expressly provided below, nothing contained herein should be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights.
b. Limited License and Right to Use the Site and Content. You are hereby granted a nonexclusive, nontransferable, limited license to view and use information from the Site (i) solely for your personal, informational, non-commercial purposes, (ii) on the terms herein, (iii) provided that you do not modify or alter the Content in any way, and (iv) provided that you do not delete or change any copyright, service mark or trademark notice. You are free to hyperlink to any page in the publicly available pages of the Site; provided, however, that HM will not be responsible for any loss or injury resulting from your visiting or using any other site, and that You agree to remove any such hyperlink upon HM’s written request.
c. Prohibited Uses. Your use of and access to the Site is conditioned upon the terms set forth herein and the following: you will not use the Site in violation of any applicable laws, rules or regulation. Without limiting the foregoing, you will not use the Site in connection with (i) the infringement of intellectual property rights including the Covered Parties (as defined below) rights in its marks and its articles and alerts; (ii) the unauthorized transmission of unsolicited commercial electronic mail; (iii) the transmission of defamatory materials; or (iv) fraud. You will not violate, attempt to violate, or knowingly facilitate the violation of the security (including access control or authentication systems) or integrity of the Site. Except as expressly provided herein, no part of the Site, including but not limited to materials retrieved and the underlying code, may be reproduced, republished, copied, transmitted, or distributed in any form or by any means.
5. Indemnity. You shall indemnify, release and hold HM, and its licensors and suppliers, and each of their and HM’s respective officers, directors, members, employees and agents, and any respective successors and assigns (collectively, “the Covered Parties”) harmless from and against any loss, liability (including settlements, judgments, fines and penalties) and costs (including reasonable attorney fees, court costs and other litigation expenses) relating to any claim or demand made by any third party due to or arising out of your access to the Site, violation of these Notices & Terms, or infringement of any intellectual property or other right of any person or entity. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
6. Warranty Disclaimers, Limitation of Liability, and Class Action Waiver.
a. Warranty Disclaimers. YOU AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN SOLE RISK AND THAT THE SITE IS PROVIDED ON AN “AS IS,” “WHERE IS,” “AS AVAILABLE,” “WITH ALL FAULTS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COVERED PARTIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE, OR REGARDING SECURITY, QUIET ENJOYMENT, RELIABILITY, TIMELINESS AND PERFORMANCE. WITHOUT LIMITING THE FOREGOING, THE COVERED PARTIES DISCLAIM ALL WARRANTIES, RESPONSIBILITY AND LIABILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (i) ANY ERRORS IN OR OMISSIONS FROM THE SITE, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES, INACCURACIES IN THE CONTENT, AND TYPOGRAPHICAL ERRORS, (ii) ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS POSTED ON THE SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREIN, (iii) THE UNAVAILABILITY OF THE SITE OR ANY PORTION THEREOF, (iv) YOUR ACCESS TO OR USE OF THE SITE, (v) VIRUSES OR OTHER DAMAGING FACTORS, OR (vi) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SITE.
b. Limitation of Liability. YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY THE LAW AND RULES OF PROFESSIONAL RESPONSIBILITY IN THE APPLICABLE JURISDICTION, THE COVERED PARTIES ARE AND WILL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES, LOST PROFITS, SAVINGS, OR DATA), IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE SITE, INCLUDING BUT NOT LIMITED TO THE CONTENT, REGARDLESS OF ANY NEGLIGENCE OR FAULT OF ANY OF THE COVERED PARTIES, AND WHETHER OR NOT APPRISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE AGGREGATE LIABILITY OF ANY OF THE COVERED PARTIES RELATED TO YOUR USE OF OR ACCESS TO THE SITE, BE GREATER THAN TEN DOLLARS ($10.00). YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE COVERED PARTIES AND YOU. YOU UNDERSTAND THAT THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
c. Class Action Waiver. YOU UNDERSTAND AND AGREE THAT YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST THE COVERED PARTIES ON YOUR OWN BEHALF, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
8. Termination. HM may, at any time and for any reason, terminate or suspend your use of and access to the Site. Upon any such termination or suspension, your right to use the Site will immediately cease. If HM terminates or suspends your use of the Site, you hereby waive any claims against HM or the Covered Parties with respect to such termination or suspension.