Thank you for visiting the website (“Website”) of Baron & Budd, P.C., and its affiliates (collectively known as “B&B”, “we” “us” or “our”). By using this Website, you agree to be bound by the Terms of Use (“Terms of Use” or “Site Terms”). If you do not agree to these Site Terms, you must not use this Site.  B&B may, at any time, in its sole discretion, revise or otherwise update these Site Terms on the Site and any changes will be effective immediately upon posting.  Your use of the site following the posting of update Site Terms constitutes acceptance of those terms. Further, B&B reserves the right, at any time, to modify or discontinue, temporarily or permanently, the Site (or any part thereof) without notice, as set forth below.

No Legal Advice or Medical Advice

The information and materials available on the Site (the “Materials”), not including the specific materials sent to persons who pre-qualify as potential clients of B&B, are for informational purposes only and are not intended to and do not constitute legal advice, solicitation for the formation of an attorney-client relationship or medical advice. The information provided on this Site may not apply to your particular facts or circumstances; therefore, you should seek legal counsel prior to relying on any information that may be found on this Site. Furthermore, information provided on this Site may not reflect the most recent developments in the law and may not be applicable in your particular jurisdiction. Therefore, you should not act on any of the information contained on this Site until you obtain legal counsel from a qualified individual in your jurisdiction.

No attorney-client relationship is created through your general use of the Site or your receipt of the Materials. B&B accepts clients only in accordance with certain formal procedures, and renders legal advice only after completion of those procedures. B&B’s attorneys do not seek to practice law in states, territories or foreign countries where they are not properly authorized to do so.

No Attorney-Client Relationship, Unless You Are A Prequalified Individual And Provided An Employment Agreement and Power of Attorney

B&B has established procedures in place for accepting representation of a new client and establishing an attorney-client relationship, which includes a signed copy of an engagement letter and clearing a conflict of interest process in accordance with the rules of professional ethics in each jurisdiction in which we operate. Therefore, if you submit an unsolicited email or other communication or information to B&B via this Site, understand that no attorney-client relationship is created by such a submission, unless this submission is through the Site’s on-boarding feature to pre-qualify for representation by B&B as explained below in the section “Prequalified Individuals.” Because no attorney-client relationship is created in these instances, any such communications are not considered confidential and may be disclosed to third parties in the manner described in our Privacy Policy.

Prequalified Individuals. Individuals who participate in the Site’s onboarding feature to pre-qualify for representation by B&B are potential clients. The information provided through this feature may be subject to the attorney-client privilege that encompasses the communications of potential clients with prospective legal counsel. This information also is governed by the terms of the Employment Agreement and Power of Attorney, if sent to the individual by B&B after the individual completes the pre-qualification process. B&B will conduct additional formal procedures for pre-qualified individuals to complete the formation of the attorney-client relationship, including collection of a signed copy of an engagement letter and clearing a conflicts of investigation in accordance with the rules of professional ethics in each jurisdiction in which we operate.

Client Portal Website.   Once you have provided the information through the onboarding process, and have pre-qualified as a client of B&B, you may be directed to set up a password-protected account using your email address.  The password-protected account provides access to B&B’s Client Portal website.  The Client Portal website includes steps to complete the initial evaluation of your case, including answering additional questions regarding your medical history, securely uploading related documents, and signing a medical release and authorization.   Information shared through the password-protected Client Portal is an attorney-client communication and may be subject to the attorney-client privilege, and the terms of the Employment Agreement and Power of Attorney.  All provisions of these Terms of Use that follow this section apply to your use of the Client Portal website.

Intellectual Property Rights

Ownership. All content, text, images, graphics, data, information, and other material displayed, as well as the original selection, arrangement, and presentation of such material displayed, available or present on this Site (“Content”), including any intellectual property rights in such Content (including without limitation trademarks and copyrights (hereinafter “Intellectual Property Rights”) are the property of B&B, its licensors or the designated owners, and are protected by applicable intellectual property laws. You should assume that everything you see or read on this Site is the property of B&B unless otherwise provided in these Site Terms.

Trade names, trademarks, service marks and domains (collectively, “Marks”) of respective owners. Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any rights of license to use any of the Marks without B&B’s prior express written permission.

Authorized and Prohibited Uses. You may access, use and display this Site on a single computer only and download and print copies of the Content only for noncommercial, informational, personal use, without modification or alteration in any way, and only so long as you comply with these Site Terms and applicable laws. Except as may otherwise be expressly authorized by these Site Terms, you may not otherwise reproduce, sell, publish, distribute, transmit, modify display, use or perform or create any derivative works of any of this Site or the Contents or Materials without our prior written permission.

If this Site permits the emailing of certain Content or a link through the use of an “email to a friend” (or similar) icon, you may send that particular Content or link to others by email, as indicated. You agree not to infringe upon any Intellectual Property Rights or remove or modify related proprietary notices contained in this Site, the Materials or the Content.

User Content. Except as provided in our Site’s Privacy Policy and as explained above for Prequalified Individuals, any Content that you submit to this Site or to us (“User Content”) will be deemed to be non-confidential and may be disclosed through this Site to unknown persons on a worldwide basis without control by B&B, including for browsing, downloading, printing and other uses by such other persons or entities. You agree not to submit User Content to this Site or to us except for Content that is fully authorized for purposes of this Site and these Site Terms, and you will not infringe upon any person’s Intellectual Property Rights in connection with such submissions. It is your obligation to determine the extent to which User Content you submit is protected by applicable intellectual property laws. You agree that B&B shall have, and hereby grants to B&B, a worldwide, royalty-free, perpetual, irrevocable, sub-licensable, non-exclusive right and license to translate, reproduce, sell, publish, distribute, modify, adapt, display, perform, promote, link to or use, in any form or media, any User Content that you submit to this Site or to us. B&B does not endorse any User Content, or third-party product or service that may appear on this Site. Nothing in these Site Terms shall obligate us to use any User Content you submit or permit the posting of such Content on this Site.

Registration and Passwords. At times, we may or may not require you to have a password and provide registration details to access this Site or portions of this Site. If we do require a password and registration details, the details you provide must be correct, current and complete. If we believe that the details are not correct, current and complete, we have the right to refuse you access to the Site, or any of its resources, and to terminate or suspend your account, if any. You are responsible for maintaining the confidentiality of any password(s) you are given to access this Site or any portion hereof, and you are fully responsible for all activities that occur under your password(s). You agree to notify us immediately of any unauthorized use of your password(s). We reserve the absolute right not to issue a password to any person or entity.

User Conduct & User Responsibilities

You agree to comply with all applicable laws and regulations in connection with your use of the Site. You will not violate, attempt to violate, or knowingly facilitate the violation of the security (including access control or authentication systems) or integrity of the Site. Without limiting the foregoing, you agree not to (a) attempt or to enable others to attempt to gain unauthorized access to any other accounts, computer systems or networks connected to any B&B server or to any of the Materials or Content, through hacking, password theft or any other means; (b) attempt or enable other to attempt to obtain any Materials or Content through any means that B&B has not intentionally made available on the Site; or (c) use the Site, Content or Materials in any manner that could damage, disable, overburden, or impair any B&B server, or the network(s) connected to any B&B server, or that might interfere with any other person’s access to or use or enjoyment of any Materials or Content.

You further agree that any and all information that you provide through the Site, including in response to pre-qualification questions, is true and correct. You agree that you will not misrepresent information in order to become a Prequalified Individual. If you do provide information and become a Prequalified Individual that receives the Employment Agreement and Power of Attorney then you agree that you are responsible for:

  • Promptly signing and returning the Employment Agreement and Power of Attorney;
  • Promptly providing all requested information and documents through the password-protected client portal, understanding that the terms of your representation are governed by the Employment Agreement and Power of Attorney, including the provision regarding the Statute of Limitation Waiver, which is incorporated by reference in full herein.

However, if you do not become a Prequalified Individual, and do not receive the Employment Agreement and Power of Attorney you understand that you are not a client of B&B, and you further understand that it is your sole responsibility to secure your own legal representation from independent legal counsel. You further understand that you may lose or waive your legal rights by failing to act within the statute of limitations period that governs your claims and that it is your sole responsibility to decide whether to file a legal action before any relevant statute of limitation expires.

Compliance with the Digital Millennium Copyright Act

B&B respects the rights of all copyright holders, and in this regard we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users of this Site who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information required by the Digital Millennium Copyright Act, 17 U.S.C. Section 512:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  3. Identification of the Content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and the information reasonably sufficient to permit us to locate the Content;
  4. Information reasonably sufficient to permit us to contact the complaining party;
  5. A statement that the complaining party has a good faith belief that the use of the Content in the manner complained of is not authorized by the copyright owner, its agent or the law;
  6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For copyright inquiries under the Digital Millennium Copyright Act, please contact B&B’s Copyright Agent at:

([email protected]).

Warranty Disclaimers

THIS SITE, ITS CONTENT, MATERIALS AND ITS LINKS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND ARE USED ONLY AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. B&B., ITS AFFILIATES AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THIS SITE (INCLUDING ITS CONTENT, MATERIALS, HARDWARE, SOFTWARE AND LINKS), INCLUDING ANY IMPLIED WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SECURITY AND FREEDOM FROM COMPUTER VIRUS.  IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Limitations on Liability and Remedies

B&B’s ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH B&B, (INCLUDING WITHOUT LIMITATION YOUR USE OF THE SITE) IS TO DISCONTINUE YOUR USE OF THE SITE. B&B, ITS AFFILIATES, SUPPLIERS AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THIS SITE OR MATERIALS OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OR REGISTRATION WITH B&B. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF B&B HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS B&B’S AND ITS SUPPLIERS’ OR VENDORS’ LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN ANY EVENT, IF ANY OF THE ABOVE PROVISIONS IN THIS SECTION ARE NOT ENFORCEABLE IN AN APPLICABLE JURISDICTION, THE MAXIMUM LIABILITY OF B&B WILL BE LIMITED TO, IN THE SOLE DISCRETION OF B&B EITHER THE (1) CORRECTION OR DELETION OF ANY INACCURATE CONTENT OR LINK, OR (2) REFUND OF ANY FEES FOR THIS SITE RECEIVED BY B&B FROM YOU.

Indemnification

You agree to defend, indemnify and hold harmless B&B, its subsidiaries, its affiliates and its suppliers, and each of their respective partners, officers, directors, employees, representatives, agents and contractors from and against all demands, claims, damages, liabilities, losses, costs, expenses or harms, including without limitation attorneys’ fees, arising in connection with your use of this Site, online conduct, improper or unauthorized use of the Materials or Content, breach of these Site Terms, infringement of any Intellectual Property Rights or other proprietary rights, or dealings or transactions with other persons resulting from your use of this Site.

Dispute Resolution; Applicable Law and Forum

With respect to any and all disputes arising form or in connection with this Site or these Site Terms (including without limitation the Privacy Policy), B&B and you agree to negotiate in good faith and undertake reasonable efforts to cooperate with one another to achieve a mutually satisfactory resolution.

These Site Terms shall be governed by the laws of the State of Texas as applied to agreements made, entered into, and performed entirely in Texas by Texas residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Site Terms or your use of the Site or Content or Materials shall be brought exclusively in the Federal or State courts located in Dallas, Dallas County, Texas, and you hereby unconditionally and irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Site or these Site Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The failure of B&B to exercise or enforce any right or provision of these Site Terms shall not constitute a waiver of such right or provision.

Separate Terms and Conditions

From time to time in connection with your use of and/or access to Content or Materials contained in certain areas of this Site, it may be necessary for you to consent to policies or terms and conditions in addition to these Site Terms. You should read carefully any such additional terms and conditions before making any use of such Content or Materials or areas of this Site. Any such terms will not vary or replace these Site Terms regarding any use of this Site, unless otherwise expressly stated.

Privacy Statement

B&B is concerned about privacy and has developed a policy to address privacy concerns. You can find the current privacy policy at Privacy Policy. The Privacy Policy is hereby incorporated into these Site Terms by reference and constitutes a part of these Site Terms.

Miscellaneous

The section titles in these Site Terms are for convenience only and have no legal or contractual effect. Neither the course of conduct between you and B&B nor trade practice, shall act to modify any provision of these Site Terms. These Site Terms are not assignable, transferable or sub licensable by you. These Site Terms comprise the entire and exclusive agreement between you and B&B with respect to your use of the Site and Materials, superseding any prior agreements or negotiations between you and B&B with respect to your use of the Site.

Linking. You may link to any page of this Site, but no framing is permitted. Any link to this Site must be immediately followed by notice to B&B via email at [email protected]

In the event we deem your linking practices in relation to this Site to be inappropriate, we may provide you with notice concerning removal or modification of the inappropriate link, and you agree to comply with any and all requirements of B&B relating thereto.  Please use an official B&B Web banner when linking to this Site. You may use such Web banner solely in connection with the link unless and until B&B  gives notice that you must stop using the Web banner and/or discontinue linking to this Site.

Authority of Website Administrator. B&B. may in its discretion modify, edit, translate, suspend, restrict access to or terminate this Site, these Site Terms, the Content, the Materials or any other link at any time without liability or prior notice. B&B may in its discretion terminate the browsing of, registration with and use of this Site by any user at any time without liability or prior notice for any reason, including without limitation for any breach of these Site Terms.

Good Samaritan Policy. It is B&B’s policy not to tolerate any acts of intellectual property infringement or violations of federal or state law. We will, in good faith, make our best efforts to remove, disable or restrict access to the availability of Content or Materials on the Site that, in our subjective view, is obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable, whether or not such material is constitutionally protected.  \This provision does not impose upon B&B any contractual obligation to undertake, or refrain from undertaking, any particular course of conduct, or to monitor the Site.

If you believe that someone has violated this policy, we ask you to promptly notify us by email at ([email protected]). You must use this address if you want to ensure that the complaint is actually received by the appropriate party who is responsible for investigating alleged violations of this policy.

Import/Export Control. You agree not to submit any Content to this Site or commit any act involving the transfer of information relating to any Content in violation of applicable import/export control, espionage or national security laws.

Your Obligations

Compliance. You agree to comply with all applicable laws in connection with your use of this Site.

Unsuitable Content and Conduct. You will not engage in conduct or submit to this Site any Content or other material that is illegal, inaccurate, misleading, misappropriated, infringing, dilutive, defamatory, obscene, offensive or otherwise objectionable. You will not cause damage, embarrassment or adverse publicity to B&B.

Functional Compatibility and System Abuse. If any portion of the Site accepts the submission of User Content, you will submit only User Content and material that is functionally and technically compatible with this Site. You will not attempt to and will not damage, corrupt, tamper with or infect this Site, the Content, the Materials or any information or telecommunication system of B&B with a virus or other malicious computer program. You will only use this Site for the permitted purposes stated in these Site Terms and will not engage in abusive activity with respect to this Site. Without limiting the generality of the foregoing, you agree not to send, create or reply to so-called “mailbombs” (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent); engage in “spamming” (i.e., unsolicited emailing for business or other purposes); or undertake any other activity that may adversely affect the use or enjoyment of this Site by any person. You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts.  The use or distribution of tools designed for compromising security (e.g., password-guessing programs, cracking tools or network-probing tools) is strictly prohibited.  If you become involved in any violation of system security, B&B reserves the right to release your details to system administrators at other sites and law enforcement authorities to assist them in resolving security incidents.

Your Cooperation and Notification. You agree to cooperate with all reasonable requests of B&B and will notify us promptly upon learning of any actual or suspected breach of these Site Terms by you or unauthorized use or abuse of this Site.

Third-Party Sites and Other Information

This Site may contain, as a convenience to you, Content, links and other information submitted by third parties over whom B&B has no control or responsibility, as well as translations thereof that we may arrange. B&B has no obligation to monitor, control or restrict the use of this Site or third-party websites accessible via links on this Site. These third-party sites are not under our control, and you acknowledge that (whether or not such sites are affiliated in any way with B&B) B&B is not responsible for the accuracy, copyright compliance, legality, decency or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by B&B, or any association with its operators. Moreover, we have no obligation to verify any User Content submitted by a user or to provide any registration or other information to you concerning any Content.

Modification of Terms of Use, Etc.

These Site Terms and the Privacy Policy referenced herein constitute the complete agreement between you and B&B with respect to their subject matter and supersede any prior terms of use or privacy policy.  These Site Terms are subject to change from time to time.  B&B will endeavor to post a notice of any changes to these Site Terms for a period of thirty (30) days following any such modifications.  Therefore, you are advised to review these Site Terms occasionally, or at least every thirty (30) days.  Your continued use of this Site subsequent to our notice of modification of these Site Terms shall constitute your acceptance of the modified Site Terms.  If any term or provision of these Site Terms shall be found to be invalid, illegal or otherwise unenforceable, such finding shall not affect the other terms or provisions of these Site Terms or the whole of these Site Terms, but such term or provision shall be deemed modified to the extent necessary to render such term or provision enforceable, and the rights and obligations of you and B&B shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements set forth in these Site Terms.  Your obligations pursuant to these Site Terms shall survive termination of this Site, any use by you of this Site, any User Content on this Site or these Site Terms.

Contact Information

If you have any questions regarding these Terms of Use or Site Terms, please contact us by email at [email protected].

Last updated October 31, 2019