Last revised: October 1, 2018
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE OR MOBILE APPLICATION (HENCEFORTH, “SITE”), YOUR USE OF THE SITE CONSTITUTES AGREEMENT TO THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, PLEASE DO NOT USE THIS SITE.
Not Legal Advice
This Site and the materials on this Site have been prepared by the VHS Firm for informational purposes only and are not legal advice. Receipt of this information does not create an attorney-client relationship. Do not act upon this information without seeking professional counsel. By accessing this Site, you acknowledge and agree that any communication or material you transmit to this Site or to the VHS Firm, in any manner and for any reason, will not be treated as confidential or proprietary prior to the VHS Firm accepting any representation and notifying you that a formal attorney-client relationship has been established.
Unless otherwise indicated in the Site, the Site and all materials and content on the Site, including, without limitation, all designs, logos, text, graphics, pictures, information, data, software, other files and the selection and arrangement thereof (collectively, the “Site Content”) are the proprietary property of the VHS Firm or its licensors and are protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws. You are granted a nonexclusive, nontransferable, revocable, limited license to access and make personal, noncommercial, use of the information and services on the Site. Such license is subject to these Terms and does not include: (a) any resale or commercial use of the Site or the Site Content therein; (b) the distribution, public performance or public display of any Site Content; (c) modifying or otherwise making any derivative uses of the Site or the Site Content, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Site, the Site Content or any information contained therein, except as expressly permitted on the Site; or (f) any use of the Site or the Site Content other than for its intended purpose. You may provide links only to the homepage of this Site, provided (i) you do not remove or obscure, by framing or otherwise, any portion of the homepage and (ii) you discontinue providing links to this Site if requested by the VHS Firm.
Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of the VHS Firm, is strictly prohibited and will automatically terminate this license. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. Notwithstanding any of these Terms, the VHS Firm reserves the right, without notice and in its sole discretion, to terminate this license, and to block or prevent your future access to and use of the Site at any time and for any reason.
Disclaimer of Warranties and Limitation of Liability
WE PROVIDE THIS SITE ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION OR SERVICES INCLUDED ON THE SITE, THAT THE SITE OR CONTENT WILL BE ERROR-FREE, OR THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE VHS FIRM DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT, SHALL THE VHS FIRM, ITS DIRECTORS, EMPLOYEES, OFFICERS, OR REPRESENTATIVES BE LIABLE FOR ANY DAMAGES, LOSSES, COSTS, OR EXPENSES OF ANY KIND ARISING FROM OR IN ANY WAY RELATED TO OR RESULTING FROM THE USE OF, OR INABILITYTO USE, THIS SITE OR ANY INFORMATION OR CONTENT ON THE SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL AND PUNITIVE DAMAGES.
You agree to indemnify, defend and hold the VHS Firm and its officers, directors, employees, affiliates, agents, licensors and suppliers harmless from and against all claims, losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation of these Terms by you.
Third Party Sites
Although this Site may be linked to other websites, the VHS Firm is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless expressly stated therein. Your linking to any other off-site pages or other sites is at your own risk. The VHS Firm makes no claim or representation regarding, and accepts no responsibility or liability in any manner for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to the Site. Such sites are not under the control of the VHS Firm and the Firm is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. When you leave the Site, you should be aware that our Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
When you visit this Site and when you communicate with us electronically, for example by sending us an email, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You acknowledge and agree that any questions, comments, suggestions, feedback, ideas, or other information or materials regarding the Site, the VHS Firm or the Firm’s general services (excluding any client information) (the “Submission”) that are provided by you in the form of email or other submissions to the VHS Firm, or any postings on the Site, are (as between you and the VHS Firm) non-confidential and shall become the sole property of the VHS Firm. The VHS Firm shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of such Submission for any purpose, commercial or otherwise, without acknowledgment or compensation to you. We reserve the right to restrict or remove any Submission at any time and for any reason without notice.
Severability of Provisions
The VHS Firm’s failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision. In the event a provision of these Terms is held invalid, void, unenforceable, or otherwise defective by a tribunal of competent jurisdiction; then all other provisions herein will remain enforceable in accordance with their terms, and the provision in question will be deemed modified, but only: (i) as between the parties, (ii) in the jurisdiction in question, (iii) to the minimum extent necessary to cure the defect, and (iv) until such time, if any, as the tribunal’s holding, in relevant respects, is vacated, reversed on appeal, legislatively overruled, or otherwise set aside.
Governing Law and Venue
These Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of Texas, USA, without resort to conflict of law principles. By using this Site, you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.