These Terms of Use govern your use of this website (“Website”). The term “you” refers to you individually and, if applicable, your employer. If you use the Website, you agree, on behalf of yourself and your employer, if applicable, to be bound by this Agreement just as if you and your employer (if applicable) had signed a copy of these this agreement.
Please carefully read this Agreement as it forms a binding agreement between you and Whalen Law PLLC (“Whalen Law”). If you do not agree with or wish to be bound by this Agreement, you should log off the Website immediately, and not make any further use of this Website.
Ownership
This Website is owned and operated by Whalen Law. All content included on the Website, such as text, graphics, logos, icons, photographs, data, and software, is the property of Whalen Law or its suppliers and is protected by United States and international copyright laws. Except as permitted herein, the Website and any content on the Website may not be reproduced, duplicated, copied, modified, distributed, publicly displayed, or otherwise exploited for any commercial purpose without express written consent of Whalen Law.
Trademarks
The trademarks, logos, and other service marks of Whalen Law PLLC are owned by Whalen Law. These marks may or may not be registered with the United States Patent and Trademark Office. You may not use any of these marks with the prior written permission of Whalen Law. The Website may also contain trademarks of certain third parties, any you may not use any such trademarks without the prior written permission of such third parties.
License
You are hereby granted a limited, non-exclusive, revocable, non-transferable license to access and use the Website and its content, subject to any access or use restrictions established by Whalen Law from time to time. You may view, download, copy and print the Website content solely for your personal use. Any content copied, downloaded or printed must retain all the copyright, trademarks and other proprietary notices.
Use Restrictions
Your use of the Website must always comply with the restrictions set forth in this Agreement and comply with applicable law.
You may not:
- reproduce, duplicate, copy, modify, distribute, publicly display, or otherwise exploit for any commercial purpose any content on the Website;
- use the Website Content for any purpose that is inconsistent with, or that competes with, the business purpose of Whalen Law, or that makes commercial use of the Website content for the benefit of a person other than Whalen Law;
- access any restricted or password-protected area of the Website without our authorization;
- collect or store personal data about other users; or
- impersonate any other person or organization, or misrepresent an affiliation with another person or organization.
Disclaimer of Warranties; Limitation of Liability
Whalen Law makes no warranties or representations as to the accuracy or completeness of the information contained on the Website and assumes no liability or responsibility for any errors or omissions in the information provided herein.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHALEN LAW PROVIDES THE WEBSITE, THE INFORMATION ON THE WEBSITE TO YOU ON AN “AS IS,” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND WHALEN LAW DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
WHALEN LAW ASSUMES NO RESPONSIBILITY, AND IS NOT LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE WEBSITE, OR THE DOWNLOADING OF ANY MATERIAL, DATA, TEXT OR IMAGES FROM THE WEBSITE.
WHALEN LAW SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT OT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA, PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES ARISING OUT OF (i) YOUR ACCESS TO OR USE OF, OR THE INABILITY TO USE, THE WEBSITE OR ANY WEBSITE CONTENT, (ii) THE UNAUTHORIZED ACCESS TO, ALTERATION OR DESTRUCTION OF YOUR DATA, OR (iii) ANY OTHER MATTER RELATING TO THE WEBSITE, EVEN IF WHALEN LAW HAS BEEN ADVISED OF THE POSSIBILITY OF THE OCCURRENCE OF SUCH DAMAGES.
NOTWITHSTANDING THE FOREGOING, IF WHALEN LAW BECOMES LIABLE TO YOU FOR ANY REASON ARISING OUT OF YOUR ACCESS TO OR USE OF THE WEBSITE, WHETHER ARISING BY NEGLIGENCE, INTENDED CONDUCT OR OTHERWISE, SUCH TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED $100.
Indemnification
You agree to release, indemnify, defend and hold Whalen Law, its service providers, and each of their officers, attorneys, employees and agents (the “Whalen Group”) harmless from any claims, damages, losses, costs, and expenses, including reasonable attorneys’ fees and costs, that arise out of, are related to or in connection with (a) your access to or use of the Website, or (b) your violation of this Agreement, even if caused, in whole or in part, by the joint, sole or concurrent negligence, willful misconduct, strict liability or other fault, whether passive or active, of any person or entity, including any members of the Whalen Group.
Modification
Whalen Law may revise, modify or amend these Terms of Use from time to time by revising, modifying or amending this posting, with the revised, modified or amended Terms of Use taking effect as of the date of posting. Continued use of the Website by you after such revision, modification or amendment shall constitute your agreement to be bound by any such revisions, modifications, or amendment.
Severability
If any provision of these Terms of Use is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible and the remainder of the provisions shall remain in full force and effect.
Children’s Privacy
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 Whalen Law becomes aware that it has obtained personal information from a child under the age of 13, Whalen Law will delete such information from its records.
Governing Law; Venue
The Terms of Use shall be governed by and construed and enforced in accordance with the laws of the State of Texas, without regard to its conflicts of law principles, and exclusive venue for any action under this Agreement will be in the State or Federal District Courts located in Galveston County, Texas. Each party consents to the personal jurisdiction of the State and Federal Courts located in Galveston County, Texas and waives any objection that such courts are an inconvenient forum.
Entire Agreement
These Terms of Use constitutes the entire agreement between you and Whalen Law with respect to your use of the Website. There are no other representations, warranties, terms, agreements, or conditions, either written or oral, with respect to your use of the Website except as set forth in these Terms of Use.
Questions
If you have any questions, comments, or concerns regarding these Terms of Use or your use of this website, please send them to admin@whalenlawpllc.com
Send mail to Whalen Law at:
Whalen Law PLLC
1702 Brill Drive
Friendswood, TX 77546