Terms and Conditions

State of Texas 

TERMS OF USE

D. E. LITTLE LAW FIRM, PLLC 

Version Date: December 20, 2022

TERMS OF USE AGREEMENT

This Terms of Use Agreement (“Agreement”), along with the Law Firm’s Privacy Policy (https://delittlelaw.com/privacy-policy), constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (“user” or “you”) and D.E. Little Law Firm, PLLC and its affiliated companies, Websites, applications and tools (collectively, D.E. Little Law Firm, PLLC, “Law Firm” or “we” or “us” or “our”), concerning your access to and use of the https://delittlelaw.com/ Website(s) as well as any other media form, media channel, mobile website or mobile application related or connected thereto (collectively, the “Sites”). The Sites provide the following service: General information for a solo practitioner law firm. (“Law Firm Services”). Supplemental terms and conditions or documents that may be posted on the Sites from time to time, are hereby expressly incorporated into this Agreement by reference. 

Law Firm makes no representation that the Sites is appropriate or available in other locations other than where it is operated by Law Firm. The information provided on the Sites is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Law Firm to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Sites from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) are not permitted to register for the Sites or use the Law Firm Services.

YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY CONTINUING TO USE THE SITES. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT LAW FIRM MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE LAW FIRM SERVICES OR THE SITES.

USER REPRESENTATIONS

Regarding Your Registration

By using the D.E. Little Law Firm, PLLC Services, you represent and warrant that: 

A. all registration information you submit is truthful and accurate;

B. you will maintain the accuracy of such information;

C. you will keep your password confidential and will be responsible for all use of your password and account;

D. you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use our Sites; and

E. your use of the Law Firm Services does not violate any applicable law or regulation.

You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Sites' registration form and (b) maintain and promptly update registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Law Firm has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Law Firm has the right to suspend or terminate your account and refuse any and all current or future use of the Sites (or any portion thereof).

We reserve the right to remove or reclaim or change a user name you select if we determine appropriate in our discretion, such as when the user name is obscene or otherwise objectionable or when a trademark owner complains about a username that does not closely relate to a user's actual name.

Regarding Content You Provide

We may invite you to chat or participate in blogs, message boards, online forums and other functionality and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to our Sites and/or to or via the Sites' forms, emails, chat agents, popups, including, without limitation, text, writings, video, audio, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively "Contributions"). Any Contributions you transmit to D.E. Little Law Firm, PLLC will be treated as non-confidential and non-proprietary. When you create or make available a Contribution, you thereby represent and warrant that:

A. the creation, distribution, transmission, public display and performance, accessing, downloading and copying of your Contribution does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third party;

B. you are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize D.E. Little Law Firm, PLLC and the Sites' users to use your Contributions as necessary to exercise the licenses granted by you under this Agreement;

C. you have the written consent, release, and/or permission of each and every identifiable individual person in the Contribution to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Contribution in the manner contemplated by our Sites;

D. your Contribution is not obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable (as determined by D.E. Little Law Firm, PLLC), libelous or slanderous, does not ridicule, mock, disparage, intimidate or abuse anyone, does not advocate the violent overthrow of any government, does not incite, encourage or threaten physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;

E. your Contribution does not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and does not violate any federal or state law concerning child pornography or otherwise intended to protect the health or well-being of minors;

F. your Contribution does not include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;

G. your Contribution does not otherwise violate, or link to material that violates, any provision of this Agreement or any applicable law or regulation.

CONTRIBUTION LICENSE

By posting Contributions to any part of the Sites, or making them accessible to the Sites by linking your account to any of your social network accounts, you automatically grant, and you represent and warrant that you have the right to grant, to D.E. Little Law Firm, PLLC an unrestricted, unconditional, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part) and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, such Contributions, and to grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. Such use and distribution license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, Law Firm name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, personal and commercial images you provide. Law Firm does not assert any ownership over your Contributions; rather, as between us and you, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We will not use your contribution in a way that infringes on your rights and always process your personal information lawfully and with your consent.

Law Firm has the right, in our sole and absolute discretion, to (i) edit, redact or otherwise change any Contributions, (ii) re-categorize any Contributions to place them in more appropriate locations or (iii) pre-screen or delete any Contributions that are determined to be inappropriate or otherwise in violation of this Agreement.

By uploading your Contributions to the Sites, you hereby authorize Law Firm to grant to each end user a personal, limited, no-transferable, perpetual, non-exclusive, royalty-free, fully-paid license to access, download, print and otherwise use your Contributions for their internal purposes and not for distribution, transfer, sale or commercial exploitation of any kind.  

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Sites or the D.E. Little Law Firm, PLLC Services ("Submissions") provided by you to D.E. Little Law Firm, PLLC are non-confidential and D.E. Little Law Firm, PLLC (as well as any designee of Law Firm) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

PROHIBITED ACTIVITIES

You may not access or use the Sites for any other purpose other than that for which D.E. Little Law Firm, PLLC makes it available. The Sites may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by D.E. Little Law Firm, PLLC. Prohibited activity includes, but is not limited to:  

A. attempting to bypass any measures of the Sites designed to prevent or restrict access to the Sites, or any portion of the Sites 

B. attempting to impersonate another user or person or using the username of another user 

C. criminal or tortious activity 

D. deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Sites 

E. deleting the copyright or other proprietary rights notice from any Sites' content 

F. engaging in any automated use of the system, such as using any data mining, robots or similar data gathering and extraction tools 

G. except as may be the result of standard search engine or Internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses the Sites, or using or launching any unauthorized script or other software 

H. harassing, annoying, intimidating or threatening any Law Firm employees or agents engaged in providing any portion of the Law Firm Services to you 

I. interfering with, disrupting, or creating an undue burden on the Sites or the networks or services connected to the Sites 

J. making any unauthorized use of the Law Firm Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses 

K. selling or otherwise transferring your profile 

L. systematic retrieval of data or other content from the Sites to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Law Firm 

M. tricking, defrauding or misleading Law Firm and other users, especially in any attempt to learn sensitive account information such as passwords 

N. using any information obtained from the Sites in order to harass, abuse, or harm another person 

O. using the Law Firm Services as part of any effort to compete with Law Firm or to provide services as a service bureau 

P. using the Sites in a manner inconsistent with any and all applicable laws and regulations 

INTELLECTUAL PROPERTY RIGHTS

The content on the Sites (“D.E. Little Law Firm, PLLC Content”) and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to D.E. Little Law Firm, PLLC, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. D.E. Little Law Firm, PLLC Content, includes, without limitation, all source code, databases, functionality, software, Sites' designs, audio, video, text, photographs and graphics. All D.E. Little Law Firm, PLLC graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of D.E. Little Law Firm, PLLC in the United States and/or other countries. D.E. Little Law Firm, PLLC trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the D.E. Little Law Firm, PLLC. 

D.E. Little Law Firm, PLLC Content on the Sites is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Provided that you are eligible to use the Sites, you are granted a limited license to access and use the Sites and the D.E. Little Law Firm, PLLC Content and to download or print a copy of any portion of the D.E. Little Law Firm, PLLC Content to which you have properly gained access solely for your personal, non-commercial use. D.E. Little Law Firm, PLLC reserves all rights not expressly granted to you in and to the Sites and D.E. Little Law Firm, PLLC Content and Marks. 

The Sites contains (or you may be sent through the Sites or the D.E. Little Law Firm, PLLC Services) links to other websites ("Third Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Content"). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party accessed through the Sites or any Third Party Content posted on, available through or installed from the Sites, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Websites or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Sites and access the Third Party Websites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any websites to which you navigate from the Sites or relating to any applications you use or install from the Sites. Any purchases you make through Third Party Websites will be through other websites and from other companies, and D.E. Little Law Firm, PLLC takes no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.

SITE MANAGEMENT

D.E. Little Law Firm, PLLC reserves the right but does not have the obligation to:

A. monitor the Sites for violations of this Agreement;

B. take appropriate legal action against anyone who, in D.E. Little Law Firm, PLLC sole discretion, violates this Agreement, including without limitation, reporting such user to law enforcement authorities;

C. in D.E. Little Law Firm, PLLC sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s contribution or any portion thereof that may violate this Agreement or any D.E. Little Law Firm, PLLC policy;

D. in Law Firm’s sole discretion and without limitation, notice or liability to remove from the Sites or otherwise disable all files and content that are excessive in size or are in any way burdensome to D.E. Little Law Firm, PLLC 's systems;

E. otherwise manage the Sites in a manner designed to protect the rights and property of D.E. Little Law Firm, PLLC and others and to facilitate the proper functioning of the Sites.

DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY

Notifications

If you believe that content available on or through our Sites infringes one or more of your copyrights, please immediately notify the D. E. Little Law Firm by mail, email or faxed notice (“Notification”) providing the information described below, which Notification is pursuant to DMCA 17 U.S.C. § 512(c)(3). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that content located on or linked to by our Sites infringes your copyright, you should consider first contacting an attorney. Our Sites has a policy of terminating repeat infringers in appropriate circumstances.

All Notifications should include the following:

A. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website.

C. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.

D. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

E. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

F. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We also will advise the alleged infringer of the DMCA statutory Counter Notification procedure described below by which the alleged infringer may respond to your claim and request that we restore this material.

Counter Notification

If you believe your own copyrighted material has been removed from our Sites and/or our service as a result of mistake or misidentification, you may submit a written counter notification (“Counter Notification”) to the D. E. Little Law Firm pursuant to DMCA 17 U.S.C. § 512(g)(2) and (3). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:

A. Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled.

B. A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which the Law Firm’s is located.

C. A statement that you will accept service of process from the party that filed the Notification or the party's agent.

D. Your name, address and telephone number.

E. A statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

F. Your physical or electronic signature.

You may submit your Counter Notification to the D. E. Little Law Firm by fax, mail, or email as set forth above.

If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material after ten (10) business days but no later than fourteen (14) business days from the date we receive your Counter Notification, unless the D. E. Little Law Firm first receives notice from the party filing the original Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees. Filing a false Counter Notification constitutes perjury. 

TERM AND TERMINATION

This Agreement shall remain in full force and effect while you use the Sites or are otherwise a user or member of the Sites, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us using the contact information below. 

WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, LAW FIRM RESERVES THE RIGHT TO, IN LAW FIRM’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITES AND THE LAW FIRM SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION, AND LAW FIRM MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITES AND THE LAW FIRM SERVICES, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN LAW FIRM’S SOLE DISCRETION. 

In order to protect the integrity of the Sites and Law Firm Services, Law Firm reserves the right at any time in its sole discretion to block certain IP addresses from accessing the Sites and Law Firm Services.

Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes.

YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO CANCEL THIS AGREEMENT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF LAW FIRM’S THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS AND HOLIDAYS. TO CANCEL, CALL A LAW FIRM CUSTOMER CARE REPRESENTATIVE DURING NORMAL BUSINESS HOURS USING THE CONTACT INFORMATION LISTING BELOW IN THIS AGREEMENT OR BY ACCESSING YOUR ACCOUNT SETTINGS. THIS SECTION APPLIES ONLY TO INDIVIDUALS RESIDING IN STATES WITH SUCH LAWS.

If Law Firm terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, Law Firm reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

MODIFICATIONS

To Agreement

Law Firm may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Sites and revisions will be indicated by date. You agree to be bound to any changes to this Agreement when you use the Law Firm Services after any such modification becomes effective. Law Firm may also, in its discretion, choose to alert all users with whom it maintains email information of such modifications by means of an email to their most recently provided email address. It is therefore important that you regularly review this Agreement and keep your contact information current in your account settings to ensure you are informed of changes. You agree that you will periodically check the Sites for updates to this Agreement and you will read the messages we send you to inform you of any changes. Modifications to this Agreement shall be effective after posting. 

To Services

Law Firm reserves the right at any time to modify or discontinue, temporarily or permanently, the Law Firm Services (or any part thereof) with or without notice. You agree that Law Firm shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Law Firm Services. 

DISPUTES

Between Users

If there is a dispute between users of the Sites, or between users and any third party, you understand and agree that Law Firm is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Law Firm, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Law Firm Services.  

With Law Firm

A. Governing Law; Jurisdiction. This Agreement and all aspects of the Sites and Law Firm Services shall be governed by and construed in accordance with the internal laws of the State of Texas, without regard to conflict of law provisions. With respect to any disputes or claims not subject to informal dispute resolution (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in Hays County, State of Texas, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from this Agreement. Additionally, application of the Uniform Computer Information Transaction Act (UCITA) is excluded from this Agreement. In no event shall any claim, action or proceeding by you related in any way to the Sites or Law Firm Services be instituted more than two (2) years after the cause of action arose.

B. Informal Resolution. To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement ("Dispute"), you and Law Firm agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 90 days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other.

CORRECTIONS

Occasionally there may be information on the Sites that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. Law Firm reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice. 

DISCLAIMERS

Law Firm cannot control the nature of all of the content available on the Sites. By operating the Sites, Law Firm does not represent or imply that Law Firm endorses any blogs, contributions or other content available on or linked to by the Sites, including without limitation content hosted on third party websites or provided by third party applications, or that Law Firm believes contributions, blogs or other content to be accurate, useful or non-harmful. We do not control and are not responsible for unlawful or otherwise objectionable content you may encounter on the Sites or in connection with any contributions. The Law Firm is not responsible for the conduct, whether online or offline, of any user of the Sites or Law Firm Services.

YOU AGREE THAT YOUR USE OF THE SITES AND LAW FIRM SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, LAW FIRM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITES AND THE LAW FIRM SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. LAW FIRM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITES CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO OUR SITES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITES OR LAW FIRM SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITES BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITES. LAW FIRM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITES OR ANY HYPERLINKED SITES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND LAW FIRM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.  

LIMITATIONS OF LIABILITY

IN NO EVENT SHALL LAW FIRM OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITES OR LAW FIRM SERVICES, EVEN IF LAW FIRM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, LAW FIRM’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO LAW FIRM FOR THE LAW FIRM SERVICES DURING THE PERIOD OF 90 DAYS PRIOR TO ANY CAUSE OF ACTION ARISING.

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 OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

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."

INDEMNITY

You agree to defend, indemnify and hold Law Firm, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your contributed content, use of the Law Firm Services, and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. Notwithstanding the foregoing, Law Firm reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Law Firm, and you agree to cooperate, at your expense, with Law Firm’s defense of such claims. Law Firm will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

NOTICES

Except as explicitly stated otherwise, any notices given to Law Firm shall be given by email to the address listed in the contact information below. Any notices given to you shall be given to the email address you provided during the registration process, or such other address as each party may specify. Notice shall be deemed to be given twenty-four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid. We may also choose to send notices by regular mail.

USER DATA

Our Sites will maintain certain data that you transfer to the Sites for the purpose of the performance of the Law Firm Services, as well as data relating to your use of the Law Firm Services. Although we perform regular routine backups of data, you are primarily responsible for all data that you have transferred or that relates to any activity you have undertaken using the Law Firm Services. You agree that Law Firm shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against Law Firm arising from any such loss or corruption of such data.

ELECTRONIC CONTRACTING

Your use of the Law Firm Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO THE LAW FIRM SERVICES, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.  

MISCELLANEOUS

This Agreement constitutes the entire agreement between you and Law Firm regarding the use of the Law Firm Services. The failure of Law Firm to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. This Agreement and your account may not be assigned by you without our express written consent. Law Firm may assign any or all of its rights and obligations to others at any time. Law Firm shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond Law Firm's reasonable control. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and Law Firm as a result of this Agreement or use of the Sites and Law Firm Services. Upon Law Firm’s request, you will furnish Law Firm any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against Law Firm by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.

CONTACT US

In order to resolve a complaint regarding the Law Firm Services or to receive further information regarding use of the Law Firm Services, please contact Law Firm as set forth below or, if any complaint with us is not satisfactorily resolved, and you are a California resident, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 "R" Street, Sacramento, California 95814 or by telephone at 1-916-445-1254.

D.E. Little Law Firm, PLLC 

15970 Fitzhugh Rd 

Dripping Springs, TX 78620 

Email: dlittle@delittlelaw.com 

Phone: (512) 894-2070  

Fax:  (512) 829-4751