TERMS OF USE

Hi, I’m Texas attorney Ben Capelle. Welcome to my firm’s website. By using the website, you agree to comply with these Website Terms of Use. Please read them carefully.

If you do not understand or do not agree to these Terms of Use, do not use the website.

The website Privacy Policy and Disclaimers, which may change at any time, are part of these Terms of Use.

CHANGES TO WEBSITE TERMS OF USE

This law firm can change these Terms of Use at any time without specific notice to you. The latest version of these Terms of Use will be posted on the website, and you should review these Terms of Use prior to using the website.

The website is protected under intellectual property law, including copyrights and trademarks. You do not own rights to any article, document or other materials viewed through the website. The posting of data on the website does not give you any right in the data. Some of the website content may be the copyrighted by third parties.

LICENSE

You are granted a non-exclusive, non-transferable, non-sublicensable revocable license to use the website only for private, personal, non-commercial reasons.

NO LEGAL ADVICE OR ATTORNEY-CLIENT RELATIONSHIP

Data contained on or made available through the website is not intended to and does not constitute legal counsel. The website and your use of it does not create an attorney-client relationship. This law firm does not warrant or guarantee the accuracy or adequacy of the data contained in or linked to the website, or that it is current.

ASSUMPTION OF THE RISK

Your use of the website or materials linked to the website is completely at your own risk. You should not act or depend on any data on the website without seeking the counsel of a competent lawyer licensed to practice in your jurisdiction for your particular legal issues.

SAMPLES AND EXAMPLES

The Internet law firm may make sample documents and examples available through the website. All documents are provided by a nonexclusive license only for your personal one-time use for noncommercial purposes, without any right to relicense, sublicense, distribute, assign or transfer the license.

Documents are provided without any representations or warranties, express or implied, as to their fitness, legal effect, completeness, accuracy, and/or appropriateness. The documents are provided “as is”, “as available”, and with “all faults”, and the law firm and any provider of the documents disclaim any warranties, including but not limited to the warranties of merchantability and fitness for a particular purpose.

The documents may be improper for your particular situation. Furthermore, state laws may require different or extra provisions to ensure the desired result. You should confer with legal counsel to determine the appropriate legal or business documents needed for your particular transactions, as the documents are only samples and may not be applicable to a particular situation.

HYPERLINKS

You may provide links to the website if you do not change, remove, or obscure the copyright notice or other notices on the website, your website does not engage in illegal or pornographic activities, and you stop providing links to the website at once upon request by the law firm.

COMMUNICATIONS

Choosing an attorney is a serious matter and should not be based solely on data contained on the website or in advertisements and may not be achieved by sending us confidential data unless we have expressly authorized the submission of such data by written authorization.

You may send us email. However, if you communicate with the law firm about a matter for which we do not already represent you, you should not send confidential or sensitive data by email because your communication will not be treated as privileged or confidential.

If you email us about a matter for which the Internet law firm already represents you, you should note that the security of Internet email is uncertain. By sending sensitive or confidential email messages that are not encrypted, you accept the risks of such uncertainty and potential absence of confidentiality over the Internet.

If the rules of professional conduct in your jurisdiction require the law firm to name a particular lawyer responsible for the website, I designate myself. Please contact me at the address or phone number listed on the website.

LEGAL REPRESENTATION

We practice law only in jurisdictions in which we are licensed to do so. We do not seek to represent anyone in any jurisdiction where the website does not comply or is in any way inconsistent with the rules governing communication of legal services in a particular state. We will not represent clients from those states where the materials do not comply with state bar requirements and where the client is generated as a result of that communication.

WEBSITE CONTENT

The law is constantly changing and the data may not be complete or accurate depending on your particular legal issue. Each legal issue depends on its individual facts and different jurisdictions have different laws and regulations.

The law firm may make changes to the features, functionality or content of the website at any time. We reserve the right in our sole discretion to edit or delete any data appearing on the website.

VIOLATIONS OF THESE WEBSITE TERMS OF USE

This firm reserves the right to investigate complaints or reported violations of these Terms of Use and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any data necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, IP addresses and traffic data.

LIMITATIONS ON LIABILITY

The aggregate liability of the law firm, its principals, and any affiliated parties for any claim arising out of or relating to the website shall not exceed one hundred (U.S. $100) dollars and that amount shall be in lieu of all other remedies which you may have against the law firm, its principals, and any affiliated party.

You agree to obey all applicable laws and regulations regarding your use of the website and the content and materials provided in it.

These Terms of Use shall be treated as though it were executed and performed in Plano, Collin County, Texas, and shall be governed by and construed in accordance with the laws of the State of Texas without regard to conflict of law principles. Any cause of action by you with respect to the website must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in these Terms of Use.

CONSTRUCTION AND SEVERABILITY

The language in these Website Terms of Use shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting these Terms of Use. Should any part of these Terms of Use be held invalid or unenforceable, that portion shall be construed as much as possibly consistent with applicable law and the remaining portions shall remain in full force and effect.

To the extent that anything in or associated with the website is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence. Our failure to enforce any provision of these Terms of Use shall not be deemed a waiver of the provision nor of the right to enforce the provision. Our rights under these Terms of Use shall survive any termination of this agreement.

DISPUTE RESOLUTION

Any legal claim arising out of or relating to these Terms of Use or the website, excluding intellectual property right infringement claims by the law firm or its principals, shall be settled solely by first submitting to non binding mediation in Plano, Collin County, Texas. If mediation does not resolve any issue, it will be settled by confidential binding arbitration which shall be administered pursuant to JAMS Streamlined Arbitration Rules and Procedures. All claims shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Plano, Collin County, Texas. Each party shall bear one half of the mediation and arbitration fees and costs incurred, and each party shall bear its own lawyer fees.

The data contained in the website does not necessarily reflect the opinions of the law firm’s clients.

ATTORNEY-CLIENT RELATIONSHIPS

The information presented at this site should not be construed to be formal legal advice or the formation of a lawyer/client relationship. The use of the Internet for communications with this law firm will not establish an attorney-client relationship and messages containing confidential or time-sensitive information should not be sent.

No attorney-client relationship will exist unless and until both client and this law firm have signed an agreement for professional services after appropriate interviews and conflict checks. We will not knowingly agree to represent a prospective client if that prospect’s interests conflict with those of an existing business client.

JURISDICTION & ETHICS

Our law firm is located in a suburb of Dallas, Texas and complies with all ethical rules of the State Bar of Texas. Some states require the wording “This is an advertisement” or similar words or information.

GET PROFESSIONAL LEGAL HELP

Readers of this website should consult with their own attorney prior to relying on any information on this law firm’s website.