WEBSITE TERMS AND CONDITIONS OF USE
1. User’s Acknowledgment and Acceptance of Terms
THIS WEBSITE IS FOR GENERAL INFORMATION ONLY. THE INFORMATION PRESENTED DOES NOT CONSTITUTE SPECIFIC OR INDIVIDUAL ADVICE OR COUNSEL, AND YOUR USE OF IT DOES NOT CREATE A PROFESSIONAL RELATIONSHIP BETWEEN YOU AND US. NO VISITOR TO THIS WEBSITE SHOULD ACT ON THE BASIS OF ANY CONTENT INCLUDED HEREIN WITHOUT SEEKING THE APPROPRIATE PROFESSIONAL COUNSEL FROM A PROFESSIONAL THEY HAVE FORMALLY ENGAGED. ANY CASE STUDIES, TESTIMONIALS, OR OTHER EXAMPLES ON THIS WEBSITE DO NOT GUARANTEE A SIMILAR OUTCOME. THE CONTENTS OF THIS WEBSITE DO NOT CONSTITUTE PROFESSIONAL ADVICE AND YOU MAY NOT RELY ON THE CONTENTS OF THIS WEBSITE AS SUCH.
2. Use of Website
You are solely responsible for providing, at your own expense, all equipment necessary to use this website, including a computer, modem, and your own Internet access (including payment of telephone or other service fees associated with such access).
We reserve the sole right to either modify or discontinue the website, including any features therein, at any time with or without notice to you. We shall not be liable to you or any third party should we exercise such right.
You understand and agree that temporary interruptions in this website may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this website, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that this website is provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis?delivery or failure to store any user communications or personalization settings.
3. Conduct on Website
Your use of the website is subject to all applicable laws and regulations, including Netiquette, and you are solely responsible for the contents of your communications through the website. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other service, if any, that may be available to you on or through this website, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content ?? including text, communications, software, images, sounds, data, or other information ?? that:
(a) Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
(b) Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
(c) Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
(d) Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
(e) Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
(f) Impersonates any person or entity, including any of our employees or representatives.
In addition, not all areas of the website may be available to you or other authorized users of the website. You shall not interfere with anyone else’s use and enjoyment of the website. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your access to the website without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other websites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
4. Third Party Websites and Information
This website may link you to other websites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These websites may contain information or material that some people may find inappropriate or offensive. These other websites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such websites, nor are we responsible for errors or omissions in any references to other parties or their products and services, including but not limited to any virus, malware, or other harmful software. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the website or party by us, or any warranty of any kind, either express or implied.
5. Intellectual Property Information
All content on this website is Copyright © 2014 ELIZABETH CHRISTIAN PUBLIC RELATIONS LLC All Rights Reserved.
The following are representative registered trademarks, trademarks or service marks of ELIZABETH CHRISTIAN PUBLIC RELATIONS LLC or its Affiliates:
Certain of the ideas, software and processes incorporated into the website design and hosting service that is available on this website are protected by patent applications pending in the United States, and we intend to prepare and file additional patent applications in selected foreign jurisdictions.
6. User’s Materials
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance. Electronic mail or other communications to us through this website are not secure. Accordingly, we do not guarantee the confidentiality of such communications.
We respect the intellectual property of others, and we ask you to do the same. If you or any user of this website believes its copyright, trademark or other property rights have been infringed by a posting on this website, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
(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;
(c) Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
(d) Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials.
(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, agent, or the law; and
(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 infringing.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below.
Designated Agent for Claimed Infringement:
ELIZABETH CHRISTIAN PUBLIC RELATIONS LLC
Attn: General Counsel, Leffingwell Law, P.C.
Attn: Frank Leffingwell
211 W. Bagdad Avenue
Round Rock, Texas 78667
Your acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our website without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
7. Disclaimer of Warranties
ALL CONTENT ON THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON?INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (a) THE CONTENT WILL MEET YOUR REQUIREMENTS, (b) THE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR?FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENTS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (d) THE QUALITY OF ANY CONTENT OR INFORMATION OBTAINED BY YOU FROM THE WEBSITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS WEBSITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT AT THIS WEBSITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT AT THIS WEBSITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT.
THE USE OF THE WEBSITE OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the website, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS WEBSITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS WEBSITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
In addition, the materials on this website may include sample or form agreements, letters or other documents, including financially or legally significant documents such as contracts and other items (“Forms“). These Forms are provided solely as examples of typical documents of their kind, and the delivery and use of Forms does not constitute legal, accounting or other professional advice. Under no circumstances will ELIZABETH CHRISTIAN PUBLIC RELATIONS LLC or its Affiliates be liable for any loss or damages caused by your reliance on information or advice obtained through this website, including your use of any of the Forms. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinions, advice, Forms or other content available on or through this website. In particular, you are urged to consult an appropriate professional licensed in your jurisdiction before using any Forms or otherwise relying on any legal, accounting, or other professional advice or information obtained on or through this website.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
8. Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE OR OF ANY WEB WEBSITE REFERENCED OR LINKED TO FROM THIS WEBSITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS WEBSITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS WEBSITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this website. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
10. Participation in Promotion
From time to time, this website may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this website. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
11. International Use
Although this website may be accessible worldwide, we make no representation that materials on this website are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this website is void where prohibited.
12. Termination of Use
13. Governing Law
This website (excluding any linked websites) is controlled by us from our offices within the State of Texas, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Texas, by accessing this website both of us agree that the statutes and laws of the State of Texas, without regard to the conflicts of laws principles thereof. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the Courts of Travis County and the United States District Court for the Western District of Texas with respect to such matters.
All notices to a party shall be in writing and shall be made either via e-mail or conventional mail. Notices to us must be sent to the attention of Customer Service at email@example.com, if by e-mail, or at ELIZABETH CHRISTIAN PUBLIC RELATIONS LLC, 823 Congress Avenue, Suite 1505, Austin, Texas 78701-2457, if by conventional mail. In addition, we may broadcast notices or messages through the website to inform you of changes to the website or other matters of importance, and such broadcasts shall constitute notice to you.
15. Entire Agreement
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this website, or use of or access to this website.
In addition to any excuse provided by applicable law, we shall be excused from liability for non?delivery or delay in delivery of products and services available through our website arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
17. Contact Information