Effective as of June 1, 2007 to the present
Thank you for visiting the website of Farrow-Gillespie Heath Witter LLP (“FGHW”). The FGHW website has been made available to you subject to your compliance with the terms and conditions set forth below (the “Conditions of Use”). Please read this document carefully before accessing or using the FGHW website.
By accessing or using this website, you are agreeing to be bound by the Conditions of Use. If you do not wish to be bound by the Conditions of Use, you may not access or use the website.
CONTACT WITH FGHW OR WITH AN ATTORNEY AT FGHW VIA THIS WEBSITE, OR VIA ANY LINK IN THIS WEBSITE, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP, AND IS NOT A PRIVILEGED COMMUNICATION. NO LEGAL REPRESENTATION IS CREATED BETWEEN YOU AND ANY ATTORNEY AT FGHW UNLESS AND UNTIL A WRITTEN REPRESENTATION AGREEMENT IS SIGNED BY YOU AND BY AN AUTHORIZED ATTORNEY AT FGHW.
FGHW MAKES EVERY EFFORT TO POST TIMELY, ACCURATE INFORMATION ON THIS WEBSITE. HOWEVER, YOU ARE HEREBY WARNED THAT THIS WEBSITE IS FOR PRELIMINARY INFORMATIONAL PURPOSES ONLY. DO NOT RELY ON THIS WEBSITE FOR LEGAL ADVICE. THE INFORMATION HEREIN WILL BE MODIFIED, ENHANCED, AMENDED, AND SUPPLEMENTED BY AN FGHW ATTORNEY UPON CONSULTATION WITH SAME, AFTER OR CONTEMPORANEOUSLY WITH A WRITTEN REPRESENTATION AGREEMENT SIGNED BY YOU AND FGHW. YOUR USE OF THE INFORMATION ON THIS WEBSITE, AND OF THIRD-PARTY INFORMATION LINKED BY THIS WEBSITE, IS ENTIRELY AT YOUR OWN RISK.
PRIVACY NOTICE: FGHW receives and collects nonpublic personal information from various forms and statements that our clients provide. We do not disclose such information unless the client instructs us to do so. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard and protect all nonpublic personal information.
FGHW reserves the right to change the terms, conditions, and notices at any time, and such modifications shall be effective immediately upon posting of such changes. You are therefore responsible for regularly reviewing these Conditions of Use and additional terms or notices posted on the FGHW website. Your continued access of this website shall be deemed your conclusive acceptance of the modified agreement
When you visit FGHW or send e-mails to us, you are communicating with us electronically, and thereby you are consenting to receive communications from us electronically or by other means available. We will communicate with you electronically, by telephone or by facsimile. It is further understood that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
The entire contents of this website, including but not limited to: Text, graphics, logos, button icons, Flash movies, images, audio clips, digital downloads, data compilations, and software, are the property of FGHW or its content suppliers and are protected by Domestic and International copyright and trademark laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute any portion of the website contents without the prior express written consent of FGHW.
You may print or download portions of the materials from various areas of this website solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. If you believe any content appearing on our website constitutes a copyright infringement of another party’s rights, please contact us immediately at firstname.lastname@example.org to notify us of this infringement.
Your submissions of files including, but not limited to: resumes, e-mail, documents, flash movies, images, logos, audio loops, and other software hereby constitutes your agreement to grant FGHW a non-exclusive, royalty-free, worldwide, sub-licensable, perpetual license, to reproduce, distribute, transmit, modify, adapt, sub-license, and publicly display any such submissions, unless otherwise specified by an agreement made in writing by you and FGHW. You also grant FGHW the right to utilize your name in connection with all advertising, marketing and promotional materials related thereto.
FGHW grants you limited license to access and make personal use of this website and not to modify it, or any portion of it, except with the express written consent of FGHW. This website or any portion of this website may not be reproduced, duplicated, adapted, copied, sold, resold, transmitted or otherwise exploited for any commercial purpose without the express written consent of FGHW. You may not frame, or use any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, flash movie, page layout, or form) of FGHW without the express written consent of FGHW. You may not use META tags or any other “hidden text” which utilize fghwlaw.com, FGHW or any other derivative of our domain, company name or registered trademarks without the express written consent of FGHW.
You are hereby granted a limited, revocable, and nonexclusive right to create a hyperlink to the Home Page or any Dynamic Deep Link (DDL) of FGHW so long as the link does not portray any false, misleading, derogatory, or otherwise offensive matter, and so long as it does not portray FGHW in a false, misleading, or derogatory light.
It is further understood and agreed that FGHW cannot and does not guarantee or warrant that files made available for downloading through the FGHW website will be free of infection or viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. It is your responsibility for implementing sufficient safeguards and procedures to ensure that any files obtained through FGHW are free from such contaminations.
THIS WEBSITE AND RELATED INFORMATION IS PROVIDED BY FGHW ON AN “AS IS” BASIS. FGHW MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND, OR AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FGHW DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FGHW DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM FGHW ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FGHW WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
FGHW ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY TYPOGRAPHICAL OR OTHER ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Linked websites are not under the control of FGHW, and FGHW is not responsible for the contents of any linked site or any link contained in a linked site. FGHW provides links to you only as a convenience, and the inclusion of any link does not imply or constitute an endorsement by FGHW of the site.
By visiting the FGHW website, you agree that the laws of the state of Texas, without regard to principals of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and FGHW.
Any dispute relating in way to your visit or access of the FGHW website or to the products or services offered by the FGHW website shall be submitted to binding arbitration in Dallas County, Texas, except that, to the extent you have in any manner violated or threatened to violate FGHW’s intellectual property rights, FGHW may seek injunctive or other appropriate relief in any state or federal court in the state of Texas, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Conditions of Use shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Conditions of Use shall be joined to an arbitration involving any other party subject to these Conditions of Use, whether through class arbitration proceedings or otherwise.
You agree to indemnify, defend and hold harmless FGHW, its owners, partners, employees, agents, licensors, suppliers and any third party information provider to the website from and against all losses, expenses, damages and costs, including attorney’s fees, resulting from any violation of these Conditions of Use (including negligent or wrongful conduct) by you or your use and access of the FGHW website.
Given the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, e-mail, privacy, copyright, and trademark infringement. Additionally, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
FGHW failure to insist upon or enforce strict performance of any provision of these Conditions of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Conditions of Use. FGHW may assign its rights and duties under these Conditions of Use to any party at any time without notice to you. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining condition. Any rights not expressly granted herein are reserved.
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