TERMS OF USE AGREEMENT

This Terms of Use Agreement (“Agreement”) constitutes a valid, binding contract between you and Forshey Prostok L.L.P., a Texas limited liability partnership (“FP”), the owner and operator of the site accessible through www.forsheyprostok.com. The scope of this Agreement is limited to the use of this website (the “Site”), and may not be construed, relied upon or inferred as creating any attorney-client relationship between you and FP. The information provided on this site is provided subject to compliance with the terms of this Agreement. YOUR USE OF THIS SITE SIGNIFIES AND CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT, NOW AND AS IT MAY BE AMENDED FROM TIME TO TIME. Please read this Agreement carefully as it forms a binding contract between you and FP. Please print a copy of this agreement for your records. ALL FP LAWYERS, UNLESS OTHERWISE INDICATED, ARE NOT CERTIFIED BY THE TEXAS BOARD OF LEGAL SPECIALIZATION.

Site Content Not Legal Advice
These materials have been prepared by FP for informational purposes only and do not constitute legal advice, do not necessarily reflect the opinions of FP, its attorneys or any of our clients, and are not guaranteed to be correct, complete, or up-to-date. Any information on this Site regarding current events, news, judicial actions or legislative developments are generated from third-party sources, whose accuracy may not be independently verified. The laws of other jurisdictions, states or nations may be entirely different from what is described in this Site. Because of these differences, you should not act or rely on any information on this Site without seeking the advice of a competent attorney licensed to practice law in your jurisdiction for your particular problem. FP has endeavored to comply with all legal and ethical requirements in developing this Site and does not desire to represent clients based upon their review of any portions of this Site which do not comply with the legal or ethical requirements of the jurisdiction in which the client is located. In no manner is this Site intended to represent an unsolicited offer to provide legal services, nor is this Site intended to constitute the practice of law in any jurisdiction where the attorneys of FP are not licensed to practice.

This information is not intended to create, and receipt of it does not constitute, a lawyer-client relationship.

Do not send us information until you speak with an FP attorney and receive authorization to send that information to FP. The Site is not to be considered interactive, nor is it in fact interactive. Our attorneys would be pleased to communicate with you by e-mail; however, if you contact FP through this Site or otherwise in connection with a matter for which FP does not already represent you, your contact or communication may not be treated as privileged or confidential. If you communicate with us by e-mail in connection with a matter for which we already represent you, please remember that Internet e-mail, and any documents, records or other data attached to said email, is not secure and you should avoid sending sensitive or confidential Internet e-mail messages or attachments unless they are adequately encrypted.

Personal Use of Contents

The content of the Site is for your personal, noncommercial use. Content copied, downloaded, stored or printed must retain all the copyright, trademark and other proprietary notices. To the extent provided by state and federal law, all media, content, proprietary material, images and other original or creative works within the Site are protected as the property of FP even in the absence of any such copyright or proprietary notice. For commercial use of any portion of the contents of this Site you must secure prior written consent from FP.
Privacy Notice and Document Retention Policy Pursuant to federal law commonly referred to as the Gramm-Leach-Bliley Act, law firms and other professionals who provide services related to your personal financial information are required to inform clients of their policies and practices regarding the privacy and security of your information. Since you have chosen to access our Site, we are providing the following information to you:

In the course of providing clients with advice on financial and related matters, FP may receive significant personal financial information from its clients. In addition, FP may assemble and maintain information relating to the legal services provided. The information that FP may assemble and maintain may be obtained from the client, generated as a result of the services provided, or received from third parties. If you are or become a client of FP, you should know that all information that FP receives from a client is held in confidence, and is not released to people outside the firm, except as agreed to by the client, or as allowed or required under applicable law and the rules of professional conduct governing the provision of legal services.

If you become a client, FP will retain records relating to professional services that FP provides so that our attorneys will be better able to assist clients with their needs, and in some cases, to comply with professional guidelines. In order to protect client’s nonpublic personal information, or the nonpublic information of business entities, FP maintains physical, electronic, and procedural safeguards that comply with professional standards and generally exceed the requirements imposed under federal law.
Generally, FP retains information in its files until completion of the matter to which that information relates. Thereafter, those files may be purged and placed in storage or returned to the client. FP may retain copies of files returned to clients. Files retained by FP after completion of a matter are not retained or marked for destruction in accordance with a fixed schedule. Instead, inactive files are maintained until FP determines that those files are no longer useful in rendering services to the client, or are not otherwise required in connection with our role as counsel or former counsel.
Use of Site

Your use of the Site is at the sole discretion of FP, who may deny you further use of the Site at any time, for any reason, with or without cause. Your previous or current use of the Site does not entitle you to continued use of the Site. Your use of the Site must always comply with applicable law. In particular, but without limitation, you agree not to use the Site to:

(a) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity;
(b) upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(c) upload, post, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; or
(d) upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, network, hardware or telecommunications equipment.

FP makes no representation regarding accessing the materials on this Site from jurisdictions where their contents are illegal or prohibited. Those users who choose to access this Site from other jurisdictions do so at their own risk and are responsible for compliance with local laws and regulations.

Links to Other Sites

The Site may contain links to third party websites. Those links, if any, are provided as citations and aids to help you identify and locate other resources that may be of interest, and are not intended to state or imply that FP sponsors, is affiliated or associated with, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. FP is offered no compensation or remuneration from the organizations linked to the website. FP makes no warranties, explicit or -implied, regarding the performance of the links, the performance of the outside sites or the contents of the outside sites. If you decide to access linked third party websites, you do so at your own risk. As FP does not control any third party websites, the terms and protections of this Agreement does not, in any way, extend to the use or access of any link or third party website.

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS FP, ITS ATTORNEYS AND EMPLOYEES AND OTHER AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING WITHOUT LIMITATION CLAIMS BASED UPON THE NEGLIGENCE OF FP, ITS ATTORNEYS AND EMPLOYEES AND OTHER AFFILIATES ARISING FROM OR RELATED TO YOUR USE OF THE SITE, THE MATERIALS IT CONTAINS, AND ANY SITES LINKED TO THIS SITE.
Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, QUALITY, PERFORMANCE, NON-INTERFERENCE WITH INFORMATION, AND ACCURACY OF INFORMATIONAL CONTENT. THERE IS NO WARRANTY THAT INFORMATION PROVIDED ON THE SITE WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS.
(b) FP MAKES NO WARRANTY THAT:
(1) YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (2) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR (3) THE QUALITY OF ANY INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FP OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

Limitations and Exclusions of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT FP SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

(a) THE USE OR THE INABILITY TO USE THE SITE;
(b) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR
(d) ANY OTHER MATTER RELATING TO THE SITE.

IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY OF THE INFORMATION “CONTAINED THEREON, OR REFUSE TO ABIDE BY THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE. NOTWITHSTANDING THE FOREGOING, FP’S LIABILITY TO YOU SHALL IN NO CASE EXCEED $100.

YOU FURTHER AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST FP ARISING OUT OF THE USE OF THE SITE. FP SHALL NOT BE HELD LIABLE FOR ANY REPRESENTATIONS ON THIRD PARTY SITES IN RELATION TO THE INFORMATION PROVIDED IN THIS SITE.

Intellectual Property Rights

The Site is protected by copyright, trademark, trade dress and other intellectual property rights. (a) FP grants you a personal, revocable, non-transferable, and non-exclusive right and license to use the object code of the Site on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software for the Site except and only to the extent that such activity is permitted by applicable law notwithstanding this limitation.

(b) The logos, and other service marks and service names of FP (“Marks”) are owned or licensed by FP. You agree not to copy, display or otherwise use any of the Marks without the prior written permission of FP. Notwithstanding the foregoing, the Marks may not be used in any manner likely to cause confusion, disparage or dilute these marks and/or in connection with any product or service that is not authorized or sponsored by FP.
(c) The entire Site, and all object code and source code, text, graphics, multimedia content, including but not limited to images, illustrations, html and other mark up languages, and all scripts within the site associated therewith, are Copyright 2000-2017, Forshey & Prostok L.L.P. All rights reserved. The copyrighted and proprietary property of FP may not be duplicated or used without FP’s express prior written consent.

Choice/Opt-out

Our users are given the opportunity to ‘opt-out’ of having their information used for purposes not directly related to the Site at any point where we ask for the information. Users who no longer wish to receive e-mail which FP may send, may opt-out of receiving these communications by replying with the term “unsubscribe” in the subject line of the email or by emailing FP at info@forsheyprostok.com.

Children’s Privacy

This Site is not directed at children under the age of 13 and does not knowingly collect personal information from children under the age of 13. If FP obtains actual knowledge that it has obtained personal information about a child under the age of 13, that information will be immediately and permanently deleted from our records.

Modification

FP may update, revise, supplement, modify or amend this Agreement at any time. Any updates, revisions, supplements, modifications or amendments shall be effective immediately upon its posting on the Site. You agree that you will be bound by this Agreement, however and whenever it is updated, revised, supplemented, modified, or amended, whether you have actual or constructive notice of, and whether you have used or continue to use the Site after, the updates, revisions, supplements, modifications or amendments.

Entire Agreement

This Agreement constitutes the entire agreement between you and FP with respect to your use of the Site. There are no other representations, warranties, terms, agreements or conditions, either written or oral, with respect to your use of the Site except as set forth in this Agreement.

Severability

If any provision of this Agreement is deemed unlawful, void, voidable or unenforceable for any reason, then that provision shall be deemed severable from this Agreement and shall not affect the validity or enforceability of any remaining provisions.

Governing Law and Venue

This Web site (excluding linked sites) is controlled by FP from its offices within the State of Texas, United States of America. The Site can be accessed from all 50 states, as well as from other countries around the world. As each of these jurisdictions has laws and regulations that may differ from those of Texas, by accessing this Site both you and FP agree that the statutes and laws of the State of Texas, without regard to conflicts of laws principles thereof, will apply to all matters relating to use of this Site (whether grounded in tort, contract, law or equity). In the case of a dispute, you and FP agree any litigation arising between the parties hereto shall be brought only in the state or federal courts having subject matter jurisdiction in Tarrant County, Texas. You and FP hereby irrevocably and unconditionally consent to the jurisdiction of any such court and hereby irrevocably and unconditionally waive any defense of an inconvenient forum to the maintenance of any action or proceeding in any such court, any objection to venue with respect to any such action or proceeding, and any right of jurisdiction on account of the place of residence or domicile of any party thereto.

Termination

FP may terminate your right to use this Site, with or without cause at any time in its sole discretion. In the event of termination, all representations, warranties, indemnifications, and promises made by you shall survive.

Contact Information

If you have a comment, question or request, or if you need to contact FP for any other reason, there are three easy ways to do so.

(a) E-mail: You can e-mail at info@forsheyprostok.com

(b) Telephone Number: You may call us at 817-877-8855. If you call after normal business hours, please leave a message and your telephone number. We will get back to you as quickly as possible. Normal office hours are Monday through Friday, 8:00 a.m. to 5:00 p.m. Central Time.
(c) U.S. Mail: Send mail to FP at:

Forshey Prostok, L.L.P. 777 Main Street, Suite 1290 Fort Worth, TX 76102

To the extent the state bar rules in your jurisdiction require us to designate a principal office and/or a single attorney responsible for this Site, FP designates its office in Fort Worth, Texas, USA as its principal office and designates Jeffrey P. Prostok as the attorney responsible for this Site.