This Terms of Use Agreement (“Agreement”) constitutes a valid, binding contract between you and Fogle Law Firm, PLLC., a Texas corporation (“FLF”), the owner and operator of www.FLF.com, with respect to the use of this website (the “Site”). Your access to the Site and the information regarding the products of FLF and related services are provided subject to compliance with the terms of this Agreement. Your use of this Site signifies and constitutes your acceptance of this Agreement, as it may be amended from time to time. Please read this Agreement carefully as it forms a binding contract between you and FLF. Please print a copy of this agreement for your records.
FLF takes the issue of privacy on the Internet very seriously. If you access certain services on our Site, such as portions of the Site which may require registration or log-in for access, then you may also be subject to other applicable rules and policies which are available on the log-in pages for the applicable interactive services.
If you have specific questions, a link to the applicable section of this Agreement is provided as follows for your convenience:
License and Site Access
The Site is intended to provide information to customers and potential customers regarding FLF’s products and services. FLF grants you a limited, revocable, non-transferable, and non-exclusive license to use the object code of the Site on a single computer and not to download (other than page caching) or modify it, or any portion of it. Neither the Site nor any portion of the Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any purpose without express written consent of FLF. Except with express written consent of FLF, you will not (and will 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. The license does not include resale of this Site or its contents, or collection and use of any content or any derivative use of this Site or its contents. If you would like to link to our Site, please review the Links to This Site section. You agree not to engage in any conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the judgment of FLF, exposes FLF or any of its affiliates to any liability or detriment of any type. Any unauthorized use or violation of the Site shall be grounds to terminate the permission or license granted by FLF to access the Site.
Systematic retrieval of data from this Site to create or compile directly or indirectly, in whole or in part, a collection, compilation, database or directory without the express written permission of FLF is strictly prohibited. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein. You may not engage in the practices of “screen scraping,” “database scraping,” or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from this Site, in any manner or in any quantities not authorized by FLF. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of any portion of this Site without prior express written consent.
You agree that you will not use any device, software or routine to bypass any code which may be included to prevent you from breaching the obligations in this paragraph or to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our or our host’s infrastructure.
Intellectual Property Rights
The Site is protected by copyright, trademark, trade dress and other intellectual property rights.
The entire Site, and all object code and source code, text, graphics, multimedia content, including but not limited to images, illustrations, audio and video clips, html and other markup languages, and all scripts within the site associated therewith, are copyright 2017, Fogle Law Firm, PLLC.. All rights reserved. The copyrighted and proprietary property of FLF may not be duplicated or used without FLF’s express prior written consent. Content copied, downloaded or printed must retain all the copyright, trademark and other proprietary notices included by FLF.
Unless you obtain prior written authorization from FLF, you may not create or establish any link between your own or a third-party Web site and this Site. For written authorization, please contact FLF. Even if you have obtained permission to link to our site, you may not: (a) create frames around any page on this Site or use other techniques that alter in any way the visual presentation or appearance of any content within this Site; (b) misrepresent your relationship with FLF; (c) imply that FLF approves or endorses you, your Web site, or your service or product offerings; and (d) present false, derogatory, misleading or otherwise offensive impressions about FLF or its products or services or otherwise damage the goodwill associated with the FLF name or trademarks. You may not use any other FLF logo or other proprietary graphic or trademark as part of the link without express written permission. As a further condition to any permission granted to link to this Site, you agree that FLF may at any time, in its sole discretion, terminate permission to link to this Site. In such event, you agree to immediately remove all links.
Links to Other Sites
The Site may contain links to third party websites. Such third-party websites are not under the control of FLF. Please note that FLF is not responsible for the accuracy or content of websites of other providers that may have links from this Site. Accordingly, FLF can make no representation concerning the terms of use, privacy policies or content of these sites to you, nor can the fact that FLF has provided this link serve as an endorsement by FLF of this or any other site. In creating hypertext links to any other website, FLF is not recommending that website or giving any assurances as to its standing. FLF is providing this link only as a convenience to you. The inclusion of these links is not intended to reflect their importance, nor is it intended to endorse any views expressed, or products or services offered, on these outside sites, or the organizations sponsoring the sites. FLF 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.
Termination
Your use of the Site is at the sole discretion of FLF, which may deny you further use of the Site at any time with or without cause in its sole discretion, including, without limitation, for your violation of this Agreement. Your use of the Site does not entitle you to continued use of the Site. In the event of termination, all representations, warranties, indemnifications, and promises made by you survive termination.
Indemnification
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS FLF FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING WITHOUT LIMITATION CLAIMS BASED UPON THE NEGLIGENCE OF FLF, ARISING FROM OR RELATED TO YOUR USE OF THE SITE, THE MATERIALS IT CONTAINS, AND ANY SITES LINKED TO THIS SITE OR YOUR USE OF THE INFORMATION CONTAINED ON THE 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. FLFEXPRESSLY 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 HEREUNDER, OUR EFFORTS, OR THE SITE WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS.
(b) FLF ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, THE SITE OR ANY USER COMMUNICATIONS.
(c) FLF IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE SITE.
(d) FLF 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 PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
(e) 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.
(f) YOU ASSUME FULL RESPONSIBILITY TO EVALUATE FOR ITSELF THE CONDITION, QUALITY, ACCURACY, AND SUITABILITY OF INFORMATION PROVIDED ON THE SITE. SUCH INFORMATION DOES NOT TAKE THE PLACE OF ACCOUNTANTS, ATTORNEYS, OR ANY OTHER PROFESSIONAL OR LICENSED SERVICES PROVIDERS.
(g) NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FL FOR THROUGH THIS SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. YOU ARE SOLELY RESPONSIBLE FOR YOUR RELIANCE ON AND USE OF SUCH CONTENT. NO CONTENT INCLUDED ON THIS SITE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE WARRANTY CONTAINED IN PURCHASE AGREEMENTS FOR OUR PRODUCTS OR SERVICES. EXCEPT AS OTHERWISE SET FORTH HEREIN, OUR PRODUCTS AND SERVICES ARE “AS IS” AND FLF MAKES NO OTHER WARRANTY OR GUARANTEE OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Customer Data
CUSTOMER DATA MAY BE PROVIDED THROUGH THE SITE AND, IF IT IS PROVIDED, SUCH INFORMATION IS PROVIDED “AS IS” AND FLF SHALL NOT BE RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE SITE, WHETHER CAUSED BY FLF OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SITE. THE INFORMATION PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR ERRORS. BY ACCESSING SUCH INFORMATION, YOU ACKNOWLEDGE AND AGREE THAT ALL OF THE DATA DISPLAYED ON THIS SITE IS FOR YOUR REFERENCE ONLY AND WILL NEVER SUPERSEDE ANY INFORMATION RECEIVED DIRECTLY FROM FLF, SUCH AS AN INVOICE.
Limitations and Exclusions of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FLF IS NOT 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 FLF 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;
(d) ANY HACKING ATTEMPT THAT MAY LEAD TO THE DATA BEING COMPROMISED;
(e) THE FACT THAT YOU HAVE RELIED ON INFORMATION FROM THIS SITE;
(f) ANY OTHER MATTER RELATING TO THE SITE; OR
(g) THE PURCHASE OF SERVICES FROM FLF.
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 OF THE SITE. NOTWITHSTANDING THE FOREGOING, FLF’S LIABILITY TO YOU WILL NOT 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 FLFARISING OUT OF THE USE OF THE SITE.
FLF IS NOT LIABLE FOR ANY REPRESENTATIONS ON THIRD PARTY SITES IN RELATION TO THE INFORMATION PROVIDED IN THIS SITE.
Termination
FLF may terminate your right to use this Site or any part of this Site, with or without cause at any time in its sole discretion, including, without limitation, your violation of this Agreement, failure to provide accurate registration data, and lack of use. In the event of termination, all representations, warranties, indemnifications, and promises made by you shall survive.
Modification
FLF may update, revise, supplement, modify or amend this Agreement at any time. Any updates, revisions, supplements, modifications or amendments are effective immediately upon 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 FLF 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. If products are available through our Site, the terms applicable to such purchase shall be the terms provided at the time of purchase not any terms contained on this Site. If you are a customer or business partner of FLF who has a written agreement with FLF, this Agreement is subject to, and governed by, the terms of any such written agreement you have entered into with FLF. In the case of a conflict between the terms of this Agreement and the terms of any purchase documents or other written agreements with FLF, the terms of the purchase documents or the other written agreements shall control.
Severability
If any provision of this Agreement is deemed unlawful, void, voidable or unenforceable for any reason, then that provision will be deemed severable from this Agreement and will not affect the validity or enforceability of any remaining provisions.
Governing Law and Venue
FLF’s principal office is in the State of Texas and this Site is controlled by Fogle Law Firm, PLLC. 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 FLF agree that the statutes and laws of the State of Texas, without regard to conflict of laws principles thereof, will apply to all matters relating to use of this Site (whether grounded in tort or contract, at law or in equity).
This contract is fully performable in Bexar County, Texas. Any litigation arising between the parties hereto will be brought only in the state or federal courts having subject matter jurisdiction in Bexar County, Texas. You 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.
Electronic Communications
You consent to receive communications from us by e-mail. You agree that all agreements, notices, disclosures and other communications that we provide to you by e‑mail satisfy any legal requirement that such communications be in writing.
Contact Information
If you have a comment, question or request, or if you need to contact FLF for any other reason, there are two easy ways to do so.
(a) E-mail: You can e-mail at sfogle@foglelawfirm.com.
(b) U.S. Mail: Send mail to FLF at:
Fogle Law Firm, PLLC.
10001 Reunion Place, Ste. 600
San Antonio, TX 78216
Adopted May 1, 2017