Use of this website constitutes your agreement to the Terms of Use. (Return to home page.)

This Terms of Use Agreement (the “Terms of Use”) is entered into by and between you and Peek Toland & Castañeda PLLC, a Texas professional limited liability company (“PT&C” or “Peek Toland & Castañeda”), the owner and operator of the site accessible through www.ptandclaw.com (the “Website”). By using the Website, you accept and agree to be bound and abide by these Terms of Use. If you do not agree to these Terms of Use, you must not access or use the Website.  Please review these Terms of Use carefully as it forms a binding contract between you and PT&C. PT&C may change these Terms of Use at any time without notice. Your continued use of the Website following the posting of revised Terms of Use means that you agree and accept the changes.

All lawyers referenced in this Website, unless otherwise indicated, are not certified by the Texas Board of Legal Specialization. Legal results obtained depend on the facts of each case and prior results do not guarantee a similar outcome.

By using this Website, you represent and warrant that you are of legal age to form a binding contract with PT&C. This Website 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 PT&C 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.

Disclaimer.  Nothing provided herein should be used as legal advice, nor shall anything herein create an attorney-client relationship with PT&C. The materials provided on this Website are for information purposes only. The contents of the Website do not necessarily represent the opinions of PT&C, its current, or former clients. By making available access to this Website, PT&C is not purporting to solicit or render legal or other professional advice or opinions on specific facts or matters and PT&C is not creating or intending to solicit or create an attorney/client relationship between you and PT&C. Do not send to PT&C any unsolicited information about your legal problem.

Confidentiality of Communications. PT&C cannot guarantee the confidentiality of communications sent to us via this Website, sent via e-mail, or left in voicemail message on firm telephones. Unsolicited information will not be protected by the attorney-client privilege. Accessing or using this Website does not create an attorney-client relationship. Although the use of the Website may facilitate access to or communications with PT&C by e-mail or voicemail, receipt of any such communications or transmissions by any member of PT&C does not create an attorney-client relationship, unless PT&C agrees in writing to represent you, through a formal written engagement agreement duly executed by you and Peek Toland & Castañeda.

Although PT&C has made reasonable efforts to ensure that the materials contained on this Website are accurate, it does not warrant or guarantee the accuracy, currency or completeness of the materials; that the Website will be available without interruption, error or omission; that defects will be corrected; or that the Website and the server(s) that make it available are free from viruses or harmful components.

Liability. PT&C and its Managing Attorney shall not be liable for any loss or damage arising from the use of any information provided on this Website. The information provided on the Website is made available solely for general information purposes, is not legal advice, and should not be relied upon as such. Your use of any information or materials on this Website is entirely at your own risk. The Website and the materials provided on the Website are provided “as is” and “as available” without representations, warranties or conditions of any kind, either expressed or implied, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.  YOU AGREE THAT PT&C SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, ARISING OUT OF YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THIS WEBSITE OR ANY FILES, PRODUCTS, SERVICES OR OTHER INFORMATION CONTAINED ON THIS WEBSITE, EVEN IF PT&C HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR THE MATERIALS IS TO STOP USING THIS WEBSITE OR THE MATERIALS. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

You agree to defend, indemnify and hold harmless PT&C, its affiliates, licensors and service providers, and each of their respective members, managers, employees, officers, directors, 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 or in connection with: (i) your activities in connection with this Website; (ii) any violation of this agreement by you; (iii) any improper or unauthorized use of this Website (including without limitation any materials or content therein) by you; or (iv) any allegation that anything you transmit through or in connection with this Website infringes or otherwise violates the patent, copyright, trademark, trade secret, privacy, or other rights of any third party. Notwithstanding the foregoing, PT&C’s liability to you shall in no case exceed $100.

Geographic Restrictions. PT&C is based in Austin, Texas, in the United States of America. We provide this Website for use only by persons located in the United States of America. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States of America. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States of America, you do so on your own initiative and are solely responsible for compliance with local laws.

Copyright and Trade Marks. The copyright in this Website and all materials contained in it is owned, or licensed by PT&C.  All other brand names, product names, and trademarks are the property of their respective owners.

Links to Third Party Sites. Some links within the Website may lead to other sites. The Website does not incorporate any materials appearing in such linked sites by reference, and PT&C does not sponsor, endorse or otherwise approve of such linked materials. PT&C takes no responsibility for the content or practices of third party sites.

Privacy. PT&C acknowledges the importance of your privacy.  To that end, PT&C endeavors to protect and safeguard your information.   This policy applies only to information collected or provided at www.ptandclaw.com, and does not apply to third party sites linked throughout this Website.

The Website may collect information from you by virtue of you accessing this Website.  Additionally, you may voluntarily choose to contact PT&C through the Website. PT&C will not share your information with third parties not necessary for the normal operation of PT&C’s Website, email account(s), and/or other necessary operations during the normal course of business.    However, under certain circumstances, PT&C may be obligated to disclose information.  Examples include the prevention of illegal activities, matters of public safety, and/or to comply with applicable local, state, or federal laws.

Attorney Advertisement Jurisdictional Limits. This Website is not intended as attorney advertising in any jurisdiction where PT&C is not authorized to engage in the practice of law.

Unauthorized Use and Activities. Unauthorized use of this Website may give rise to a claim for damages and/or criminal offense. Except as provided in these Terms of Use, you may not use, download, upload, copy, modify, print, display, perform, reproduce, publish, license, rent, lease, loan, sell, assign, post, transmit, distribute, reverse engineer, create derivative works from, or otherwise exploit any content or information from the Website, in whole or in part, including without limitation by way of framing or hyper-linking, without the express permission of Peek Toland & Castañeda. Requests for such permission should be made to info@ptandclaw.com.

You may not under any circumstance:

  • Send unsolicited commercial email to the email addresses provided on the Website (spam, chain emails, advertising solicitations and similar email solicitations are expressly prohibited);
  • Delete, modify or attempt to change or alter any of the content on the Website;
  • Use any device, software or routine that interferes with the proper functioning of the Website or servers or networks connected to the Website, or take any other action that interferes with other parties’ use of the Website;
  • Use the Website or the content contained within, intentionally or unintentionally, in any manner inconsistent with or in violation of any applicable laws or regulations or in violation of the rules of any other website providers, websites, and other digital entities, including, without limitation, laws regarding import/export of technical data by virtue of your online transmission;
  • Use any “robot,” “spider,” or other automatic or manual device or process for the purpose of compiling information on the Website for purposes other than for a generally available search engine; or
  • Use any Peek Toland & Castañeda names, service marks, or trademarks without our prior written consent, including without limitation as metatags or hidden text.

Governing Law and Venue. This Website (excluding linked sites) is controlled by PT&C from its offices within the State of Texas, United States of America. The Website can be accessed from every state within the United States of America, 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 Website both you and PT&C 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 Website (whether grounded in tort, contract, law or equity). In the case of a dispute, you and PT&C agree any litigation arising between the parties hereto shall be brought only in the state or federal courts having subject matter jurisdiction in Travis County, Texas. You and PT&C 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.

Waiver and Severability. No waiver by PT&C of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of PT&C to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement. The Terms of Use constitute the sole and entire agreement between you and PT&C with respect to the Website and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Questions regarding these Terms of Use should be directed to info@ptandclaw.com.

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