Legal Notice

 

This Site is a public resource for general information about Winstead PC ("Winstead"). Nothing in this Site should be construed by you as a source of legal advice. You should not rely or act upon the contents of this Site without seeking advice from your own attorney. Use and access to this Site or any materials or information provided on this Site does not create an attorney-client relationship between you and Winstead, nor is this Site a substitute for legal advice. By making available access to this Site, Winstead is not purporting to solicit or render legal or other professional advice or opinions on specific facts or matters and Winstead is not creating or intending to solicit or create an attorney/client relationship between you and Winstead. Do not send to Winstead any unsolicited information about your legal problem. Any information submitted by you to Winstead or any of its attorneys or personnel via this Site or an email will not be considered an attorney-client communication or otherwise be treated as confidential or privileged in the absence of an Engagement Agreement between you and Winstead.

Winstead accepts clients only in accordance with certain formal procedures, and renders legal advice only after completion of those procedures. To obtain legal representation from Winstead, you must first undergo a personal interview with a Winstead attorney and establish an attorney-client relationship with Winstead under an Engagement Agreement. Whether you are a new or existing client of Winstead, Winstead cannot represent you on a new matter until it determines that there is no conflict of interest and it is willing and able to accept such new engagement in writing. Legal results obtained depend on the facts of each case and prior results do not guarantee a similar outcome. Winstead's attorneys do not seek to practice law in any jurisdiction in which they are not properly authorized to do so. Unless otherwise indicated on this Site, the lawyers practicing in Winstead's various offices are not certified by the Texas Board of Legal Specialization.

The information and materials on this Site are general in nature, and may not apply to particular factual or legal circumstances. Also, the content of this Site may not reflect current legal developments, verdicts or settlements. The copyright in and associated with all content of this Site, including without limitation all informational text, photographs, illustrations, artwork, software, music, sound, photographs, graphics, audio files, video files, messages, data, documents, images or other materials, whether publicly posted or privately transmitted, on this Site, as well as all derivative works thereof, is retained by Winstead or the original creator of the material and is protected by copyright, trademark and other intellectual property laws. Winstead disclaims any proprietary interest in trademarks, service marks, logos, slogans, domain names and trade names other than its own. WINSTEAD™ is the common law trademark of Winstead in the United States. All other brand and product names are trademarks or registered trademarks of their respective companies. Nothing in this Agreement shall be construed to grant any ownership interest or other rights in and to Winstead's patents, copyrights, trademarks, trade secrets and other intellectual property rights in this Site and the information and materials contained therein.

You are permitted to access and use this Site (and any content thereof) for your own internal personal or business purposes only as long as such access and use is in compliance with this agreement. You shall not access or use any files or other information contained in any portion of this Site for which you have not been authorized. You shall not use, copy, email, transmit or otherwise make available any files or other information or any part or portion of this Site for unlawful purposes or otherwise operate a leasing, rental, service bureau, outsourcing or other time-sharing business using Winstead's files, products or services or this Site. You shall not remove any copyright, trade secret, trademark , service mark, or other proprietary legend or notice that appears on or in this Site (or any files downloaded or made available from this Site). You shall not upload onto this Site, or otherwise use this Site for, any destructive or unlawful purposes including, but not limited to, the dissemination of computer viruses, libelous or inflammatory materials, pornographic or obscene information, or any works infringing upon the patents, copyrights, trademarks, trade secrets or other proprietary rights of third parties. You shall not download any files or any portion of the application or operating software from this Site or otherwise control its operation. You will not directly or indirectly gather email addresses for Winstead's attorney or personnel using this Site for distribution of any advertisement or commercial exploitation. You will not interfere with or violate any other Site visitor's or user's right to privacy or other rights, or harvest or collect personally identifiable information about Site visitors or users, or about Winstead attorneys, other employees and representatives identified on the Site, without their express consent. You shall not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized information or materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation or other false or misleading information. You will not frame or mirror all or any part of the Site without Winstead's prior express written authorization. You will not interfere with or disrupt this Site or servers or networks connected to this Site, or disobey any requirements, procedures, policies or regulations of networks connected to this Site. You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any files or other information transmitted through this Site. You shall not download, reproduce, copy, alter, adapt, modify, improve, translate, create derivative works from, reverse engineer, disassemble, decompile or otherwise attempt to reveal the trade secrets or know how underlying this Site. You shall not intentionally or unintentionally violate any applicable local, state, national or international law related to this Site or any files, products or services offered on this Site. You shall not impersonate any person or entity, including, but not limited to, Winstead employee or government official, or falsely state or otherwise misrepresent your affiliation with a person or entity. You shall allow Winstead to periodically review your access and use of this Site (and any devices from which you download any files from such website) to ensure that you are using this Site in accordance with the terms of this agreement and to ensure that all other obligations under this agreement are being met. Winstead reserves the right to object to any use of, and immediately terminate access to, this Site, including prohibited and unlawful conduct, even if that use is not expressly prohibited by this agreement. IMPROPER USE OF THIS SITE WILL RESULT IN LOSS OF ACCESS TO THIS SITE AND ANY MATERIALS OR CONTENT CONTAINED ON THIS SITE AND MAY RESULT IN CIVIL AND CRIMINAL LIABILITIES.

THIS SITE AND ALL MATERIALS OR CONTENT ON THIS SITE ARE PROVIDED TO YOU "AS-IS" AND "WITH ALL FAULTS" AND WINSTEAD MAKES NO WARRANTY OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COURSE OF DEALING OR TRADE, NON-INFRINGEMENT AND QUIET ENJOYMENT, WITH RESPECT TO YOUR ACCESS OR USE OR INABILITY TO ACCESS OR USE THIS SITE OR ANY FILE, PRODUCT, SERVICE OR OTHER INFORMATION CONTAINED ON THIS SITE. WINSTEAD MAKES NO GUARANTEE AS TO THE CONTINUOUS AVAILABILITY OF THIS SITE OR ANY SPECIFIC FEATURE THEREOF. YOU AGREE THAT WINSTEAD SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER, ARISING OUT OF YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THIS SITE OR ANY FILES, PRODUCTS, SERVICES OR OTHER INFORMATION CONTAINED ON THIS SITE, EVEN IF WINSTEAD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDIES SET FORTH IN THIS AGREEMENT FAIL THEIR ESSENTIAL PURPOSE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR THE MATERIALS IS TO STOP USING THIS SITE OR THE MATERIALS. Notwithstanding the foregoing, the disclaimer of certain warranties and/or the disclaimer/limitation of certain damages will not be deemed to disclaim liability specifically imposed on Winstead by statute or regulation, to the extent such liability cannot be waived or disclaimed. Some jurisdictions do not allow the disclaimer of implied warranties or the exclusion or limitation of liability for consequential or incidental damages, so the disclaimers or limitations set forth herein may not fully apply to you. To the extent that the disclaimers and/or limitations set forth herein are not fully enforceable under applicable law, you may have other legal rights which vary from jurisdiction to jurisdiction.

You agree to defend, indemnify and hold harmless Winstead, its affiliates and its suppliers, and each of their respective partners, employees, representatives, clients and agents, from and against all claims, losses, costs, damages, liabilities, and expenses (including but not limited to attorneys fees) arising out of: (a) your activities in connection with this Site; (b) any violation of this agreement by you; (c) any improper or unauthorized use of this Site (including without limitation any materials or content therein) by you; or (d) any allegation that anything you transmit through or in connection with this Site infringes or otherwise violates the patent, copyright, trademark, trade secret, privacy, or other rights of any third party.

There is always a possibility of computer viruses. Although Winstead makes every commercially reasonable effort to prevent the transmission of any viruses to or from this Site, placing your system on-line can expose you to outside attack. You release Winstead from all responsibility or liability for viruses.

For your convenience, Winstead has created links to various other websites. However, Winstead does not control those websites and, therefore, cannot accept responsibility for the content of those websites. In addition, Winstead disclaims any responsibility for how confidential information or personally identifiable information is collected, protected and/or disclosed by the operators of those websites.

This Web site is controlled and operated by Winstead from its principal office in Dallas, Texas, USA, and is not intended to subject Winstead to the laws or jurisdiction of any state, country or territory other than the State of Texas and the United States of America. By accessing and using this Site, you will be deemed to have agreed that any disputes regarding your access to and/or use of this Site and/or the information posted on this Site will be governed by and construed in accordance with the laws of the State of Texas, exclusive of its conflicts of law principles. Venue in any such dispute will be laid exclusively in state or federal courts located in Dallas County, Texas; provided however, nothing contained in this sentence will be deemed to waive any right that may exist to remove a dispute from state court to federal court. Winstead may limit the availability of the Site to any person, geographic area, or jurisdiction that it chooses at any time in its sole discretion. You agree that the statute of limitations for any claim against Winstead shall be brought within one year from when the claim arose, and any claims not brought within such period of time shall be deemed waived.

Winstead reserves the right to amend the terms and conditions of this agreement at any time without prior notice. Notice of modifications may be given by posting notice of such changes on this Site, by electronic mail, by facsimile or by regular mail. You agree that your use of this Site constitutes acceptance of all of the terms and conditions as they may be amended in the future. Winstead shall not be deemed to have waived any rights hereunder unless such waiver is in writing signed by a duly authorized officer of Winstead. Winstead further reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, this Site (or any part thereof) with or without notice. You agree that Winstead shall not be liable to you or to any third party for any modification, suspension or discontinuance of this Site.

This Site contains links to other social media accounts and webpages hosted by Winstead.  You may participate in certain public forums hosted by Winstead, including blogs, comments, newsletters, bulletins, RSS feeds and social media (including without limitation Facebook, YouTube, Vimeo, LinkedIn and Twitter).  Your participation is voluntary; however by choosing to post or send a message or photograph or otherwise participate in any public forum, you acknowledge and agree that any information or content provided by you may be viewed by the general public and will not be treated as private or confidential, and shall be governed by this agreement as of the date of first posting or submission. You further agree that Winstead may use the posted content in any manner that it deems necessary or appropriate.  Winstead cannot and does not guarantee that it will post every content submitted or that such content will not be offensive, defamatory, or objectionable.  Although Winstead reserves the right to remove without notice any posting for any reason, Winstead has no obligation to delete content that you personally may find objectionable or offensive.  Winstead may not control in real time the information posted via these public forums and as such cannot guarantee the accuracy, integrity or quality of such information. You, however, acknowledge that Winstead has no control over the operations of the social media websites to which this Site may link and you acknowledge and agree to indemnify and hold harmless Winstead for any breach of any terms or other service agreements between Winstead and the social media site operators by virtue of your actions.

For questions or comments on this Site, please contact the Web Site Contact listed under "Contact Us" on this Site.

© 2016 Winstead PC. All rights reserved. No portion of this Site or its content may be copied or modified without the express written consent of Winstead.

 

 

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