Strasburger & Price, LLP
Effective Date: May 5, 2016; Last Updated March 9, 2018
1. Conditions to Use of Site.
2. No Legal or Tax Advice.
The Site, including the content on the Site, is provided solely for general informational purposes. Any opinions expressed on the Site are the opinions of the particular author and may not reflect the opinions of Strasburger or any individual attorney. The information presented on the Site is not legal, tax or other professional advice, is not intended to be relied upon, may not be current, and is subject to change without notice. Because the Site is general in nature and may not pertain to your specific circumstances, you should not act or refrain from acting based on the content on the Site without first obtaining advice from professional counsel qualified in the applicable subject matter and jurisdiction.
3. IRS Circular 230 Disclaimer.
To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein.
4. No Attorney-Client Relationship.
Strasburger solely enters into attorney-client relationships in accordance with certain formal procedures, which include executing an engagement letter and addressing potential conflicts-of-interest. No attorney-client relationship or other confidential, fiduciary or privileged relationship is created between you and Strasburger in connection with your access to and use of the Site, use of the content on the Site, or transmission of e-mails addressed to the Site or to any individual attorney.
Unless you have an attorney-client relationship with Strasburger, we have the right to use or disclose any information submitted to us. Therefore, you should not send us any confidential information in connection with your use of the Site or content on the Site unless we have agreed to act as your legal counsel and you have executed an engagement letter with us.
6. No Advertising or Solicitation.
Neither the Site, nor the content on the Site is intended to constitute, and it does not constitute, an advertisement or solicitation for the formation of an attorney-client relationship. Under the rules of professional conduct on the practice of law in some jurisdictions, portions of this Site may contain material that is nevertheless deemed to constitute attorney advertising. In accordance with those rules (notably in New York) we make the following statement: PRIOR RESULTS DO NOT GUARANTEE A FUTURE OR A SIMILAR OUTCOME.
7. Access Subject to Local Restrictions.
The Site is controlled and operated by Strasburger from the United States, and is not intended to and shall not be deemed to be subject to non-U.S. jurisdiction or laws. If you choose to access the Site from other locations, you do so on your own initiative and you are solely responsible for compliance with all applicable local, state and federal laws, rules and regulations in connection with your access to and use of the Site as well as content on the Site.
8. Legal Specialization.
Attorneys are not certified by the Texas Board of Legal Specialization unless otherwise indicated in their individual attorney biography.
9. Intellectual Property.
Unless otherwise noted, the Site and the Content on the Site is the exclusive intellectual property of Strasburger or its licensors. You acknowledge that the Site is protected by copyrights, trademarks, trade secrets, patents or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media and technologies now existing or hereafter developed. You are prohibited from copying, reproducing, republishing, modifying or distributing any of the content on the Site, except for your personal and noncommercial use, without our prior written consent.
If you wish to make any use of content on the Site other than the limited use permitted in this section, please address your request to: email@example.com.
10. Your Conduct.
You agree that you will not use the Site or the content on the Site for any illegal purpose. You also agree that you will not or permit or enable any third party to:
(a) Use the Site for any purpose that is unlawful or which could interfere with or impair the operation and functionality of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks.
(b) Use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Site.
(c) Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make.
(d) Transmit or otherwise make available in connection with the Site any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.
(e) Restrict or inhibit any other person from using the Site (including without limitation by hacking or defacing any portion of the Site).
(f) Reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.
(g) Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site.
(h) Remove any copyright, trademark, or other proprietary rights notice from the Site or materials originating from the Site.
(i) Frame or mirror any part of the Site without our express prior written consent.
(j) Create a database by systematically downloading and storing Site content.
(k) Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine,” or in any way gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without our express prior written consent. Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator’s public online search service. We reserve the right to revoke these exceptions either generally or in specific instances.
12. Disclaimer of Warranties and Limitation of Liability
12.1 THE SITE AND ALL CONTENT ON THE SITE ARE PROVIDED TO YOU ON AN “AS IS” “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, AND NON-INFRINGEMENT.
12.2 STRASBURGER MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, TIMELINESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE ON OR THROUGH THE SITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITE AND THE CONTENT AVAILABLE ON THE SITE IS AT YOUR OWN RISK.
12.3 STRASBURGER MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE.
12.4 IN NO EVENT SHALL STRASBURGER BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR LOST PROFITS, LOST REVENUES, LOST BUSINESS OPPORTUNITIES, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR sPECIAL DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE, THE CONTENT AVAILABLE ON OR THROUGH THE SITE (INCLUDING ON LINKED SITES), EVEN IF such DAMAGES WERE FORESEEABLE or STRASBURGER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. Exclusions and Limitations.
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 may not apply to you.
15. Infringement Notices and Takedowns.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to the Site’s Copyright Agent:
(a) identification of the copyrighted work claimed to have been infringed;
(b) identification of the allegedly infringing material on the Web site that is requested to be removed;
(c) your name, address, and daytime telephone number, and an email address if available, so that Strasburger may contact you if necessary;
(d) a statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
(e) a statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
(f) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.
Our Copyright Agent for notice of claims of copyright infringement can be reached at firstname.lastname@example.org. United States law provides significant penalties for submitting such a statement falsely.
Strasburger reserves the right to terminate your use of the Site or to deny you access to the Site at any time in our sole discretion.
17.1 Principal Office, Responsible Attorney. To the extent the local rules of professional conduct on the practice of law in your jurisdiction require Strasburger to designate a principal office or a single attorney responsible for this Site, Strasburger designates its Dallas, Texas office as its principal office and designates Jessica Hoffman as the attorney responsible for the Site.
17.3 Venue. You agree to submit to the personal and exclusive jurisdiction of the federal and state courts located in Dallas, Texas, for adjudication of any and all disputes between you and Strasburger relating directly or indirectly to these Terms, and waive any jurisdictional, venue or inconvenient forum objections thereto.
17.4 Class Action Waiver. You agree that any dispute arising between you and Strasburger under these Terms will be conducted only on an individual basis and not in a class, consolidated, or representative action.
17.5 Jury Trial Waiver. You agree to waive your right to a jury trial in connection with any action or litigation arising out of or related to these Terms.
17.6 Limitation on Time for Filing. You agree that, regardless of any statute or law to the contrary, you must file any claim or cause of action against Strasburger arising out of or relating to these Terms or your use of the Site within one (1) year after such claim or cause of action a rose, or forever be barred.
18. Your Comments and Concerns.
Thank you for visiting www.strasburger.com.