Welcome to our Web site. By using our site, you are agreeing to comply with and be bound
agree to these terms, you should not use this site. The term "Ball, Santin & McLeran, PLC," "us,"
"we" or "our" refers to Ball, Santin & McLeran, PLC The term "you" refers to the user or viewer of
our Web site.
- Acceptance of Agreement.
with respect to our site (the "Site"). This Agreement constitutes the entire and only
agreement between us and you, and supersedes all prior or contemporaneous agreements,
representations, warranties and understandings with respect to the Site and the subject
matter of this Agreement. This Agreement may be amended at any time by us from time to
time without specific notice to you. The latest version of the Agreement will be posted
on the Site, and you should review this Agreement prior to using the Site.
The content, organization, graphics, design, compilation, magnetic translation, digital
conversion and other matters related to the Site are protected under applicable copyrights,
trademarks and other proprietary (including but not limited to intellectual property) rights.
The copying, redistribution, use or publication by you of any such matters or any part of the
Site, except as allowed by Section 3 below, is strictly prohibited. You do not acquire
ownership rights to any article, document or other materials viewed through the Site. The
posting of information or materials on the Site does not constitute a waiver of any right in
such information and materials. Some of the content on the Site may be the copyrighted work
of third parties.
- Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable, revocable license (a) to access and use
the Site solely in accordance with this Agreement; (b) to use the Site solely for internal,
personal, non-commercial purposes; and (c) to print out discrete information from the Site
solely for internal, personal, non-commercial purposes and provided that you maintain all
copyright and other policies contained therein. No print out or electronic version of any
part of the Site or its contents may be used by you in any litigation or arbitration matter
whatsoever under any circumstances.
- Restrictions and Prohibitions on Use.
Your license for access and use of the Site and any information, materials or documents
(collectively defined as "Content and Materials") therein are subject to the following
restrictions and prohibitions on use: You may not (a) copy, print (except for the express
limited purpose permitted by Section 3 above), republish, display, distribute, transmit,
sell, rent, lease, loan or otherwise make available in any form or by any means all or any
portion of the Site or any Content and Materials retrieved therefrom; (b) use the Site or
any materials obtained from the Site to develop, of as a component of, any information,
storage and retrieval system, database, information base, or similar resource (in any media
now existing or hereafter developed), that is offered for commercial distribution of any kind,
including through sale, license, lease, rental, subscription, or any other commercial
distribution mechanism; (c) create compilations or derivative works of any Content and
Materials from the Site; (d) use any Content and Materials from the Site in any manner that
may infringe any copyright, intellectual property right, proprietary right, or property rights
of us or any third parties; (e) remove, change or obscure any copyright notice or other
available through any timesharing system, service bureau, the Internet or any other technology
now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer
and Site software or use any network monitoring or discovery software to determine the Site
architecture; (h) use any automatic or manual process to harvest information from the Site;
(i) use the Site for the purpose of gathering information for or transmitting (1) unsolicited
commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or
other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile
transmissions; (j) use the Site in a manner that violates any state or federal law regulating
email, facsimile transmissions or telephone solicitations; and (k) export or re-export the Site
or any portion thereof, or any software available on or through the Site, in violation of the
export control laws or regulations of the United States.
- No Legal Advice or Attorney-Client Relationship.
Information contained on or made available through the Site is not intended to and does not
constitute legal advice, recommendations, mediations or counseling under any circumstance.
The Site and your use thereof does not create an attorney-client relationship. We do not
warrant or guarantee the accurateness, completeness, adequacy or currency of the information
contained in or linked to the Site. Your use of information on the Site or materials linked to
the Site is entirely at your own risk. You should not act or rely on any information on the
Site without seeking the advice of a competent attorney licensed to practice in your jurisdiction
for your particular problem. The information contained herein does not necessarily reflect the
opinions of our clients.
- Forms, Agreements & Documents.
We may make available through the Site sample forms, checklists, business document and legal
documents (collectively, "Documents"). All Documents are provided on a non-exclusive license
basis only for your personal one-time use for non-commercial purposes, without any right to
re-license, sublicense, distribute, assign or transfer such license. Documents are provided
without any representations or warranties, express or implied, as to their suitability, legal
effect, completeness, currentness, accuracy, and/or appropriateness. THE DOCUMENTS ARE PROVIDED
"AS IS", "AS AVAILABLE", AND WITH "ALL FAULTS", AND WE 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 inappropriate for your particular circumstances.
Furthermore, state laws may require different or additional provisions to ensure the desired result.
You should consult with legal counsel to determine the appropriate legal or business documents
necessary for your particular transactions, as the Documents are only samples and may not be
applicable to a particular situation.
- Linking to the Site.
You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or
otherwise, the copyright notice or other notices on the Site, (b) your site does not engage in
illegal or pornographic activities, and (c) you discontinue providing links to the Site
immediately upon request by us.
- Certain Confidentiality Issues.
Choosing an attorney is a serious matter and should not be based solely on information contained
on the Site or in advertisements and may not be accomplished by sending us confidential information
related to you and/or your company unless we have expressly authorized the submission of such
information by written authorization.
You may send us e-mail. However, if you communicate with us in connection with a matter for which
we do not already represent you, you should not send us confidential or sensitive information via
e-mail because your communication will not be treated as privileged or confidential. If you
communicate with us by e-mail in connection with a matter for which we already represent you, you
should note that the security of Internet e-mail is uncertain. By sending sensitive or confidential
e-mail messages which are not encrypted, you accept the risks of such uncertainty and possible lack
of confidentiality over the Internet.
To the extent the Bar Rules in your jurisdiction require us to designate a single attorney
responsible for this site, we designate Scott Reynolds, email:
- Use In Other Jurisdictions.
We practice law only in jurisdictions in which we are properly authorized to do so. We do not seek
to represent anyone in any jurisdiction where the Site does not comply or is in any way inconsistent
with the rules governing communication of legal services in a particular state. We are unwilling to
assume the representation of 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.
- Statement In Compliance With Certain Rules of Professional Conduct.
Unless otherwise specified, the attorneys listed on the Site are not certified by the Texas Board of
Legal Specialization and are not certified as a specialist in any practice area by the Tennessee
Commission on the Continuing Legal Education and Specialization.
- Errors, Corrections and Changes.
We do not represent or warrant that the Site will be error-free, free of viruses or other harmful
components, or that defects will be corrected. We don not represent or warrant that the information
available on or through the Site will be correct, accurate, timely or otherwise reliable. The law
is constantly changing and the information 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. We may make changes to the features,
functionality or content of the Site at any time. We reserve the right in our sole discretion to
edit or delete any documents, information or other content appearing on the Site.
- Third Party Content.
Third party content may appear on the Site or may be accessible via links from the Site. We are
not responsible for and assume no liability for any third party content. You understand that the
information and opinions in the third party content represent solely the thoughts of the author and
is neither endorsed by nor does it necessarily reflect our belief.
- Unlawful Activity.
We reserve the right to investigate complaints or reported violations of this Agreement 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 information
necessary or appropriate to such persons or entities relating to your profile, email addresses, usage
history, IP addresses and traffic information.
You agree to indemnify, defend and hold us and our partners, associates, agents, attorneys, employees,
subcontractors, successors, assigns, and affiliates (collectively, "Affiliated Parties") harmless from
any liability, loss claim and expense related your violation of this Agreement or use of the Site.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVED "AS-IS," "AS AVAILABLE,"
WITH "ALL FAULTS", AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED
TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).
THE INFORMATION AND SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED
PARTIES HAVE NO LIABILITY WHATSOEVER, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A
LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL
OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOST OF PROFITS, LITIGATION, OR THE
LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND
LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US
AND YOU. THIS SITE AND THE INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE
SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL
RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE
CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
- Limitation of Liability.
(a) We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage
of any kind resulting in any way from (I) any errors in or omissions from the Site of information
obtained, (ii) the unavailability or interruption of the Site or any features thereof, (III) your use
of the Site, (iv) the content contained on the Site, or (v) any delay or failure in performance beyond
the control of an Affiliated Party.
(b) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT
OF OR RELATING TO THE SITE SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES
WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
We reserve the right, and you authorize us, to the use and assignment of all information regarding Site
- Links to other Web Sites.
The Site may contain links to other Web sites. We are not responsible for the content, accuracy or
opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for
accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval
or endorsement of the linked Web site by us. If you decide to leave our Site and access these
third-party sites, you do so at your own risk.
- Copyrights and Copyright Agents.
We respect the intellectual property of others, and we ask you to do the same. If you believe that
your work has been copied in a way that constitutes copyright infringement, please provide our Copyright
Agent the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of
the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and email address;
- A statement by you that you have good faith belief that the disputed use is not authorized by
the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your Notice
is accurate and that you are the copyright owner or authorized to act on the copyright owner’s
behalf. Our Copyright Agent for Notice of claims of copyright infringement on the Site can be
reached by directing an e-mail to the Copyright Agent at
- Legal Compliance.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and
regulations regarding your use of the Site and the Content and Materials provided therein.
This Agreement shall be treated as though it were executed and performed in Phoenix, Arizona, and
shall be governed by and construed in accordance with the laws of the State of Arizona (without
regard to conflict of law principles). Any cause of action by you with respect to the Site 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 Section 16 and Section 17. The
language in this Agreement 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 this Agreement. The headings in this
Agreement are included for convenience only and shall neither affect the construction of
interpretation of any provision of any provision of this Agreement nor affect any of the rights or
obligations of the parties to this Agreement. Should any part of this Agreement be held invalid or
unenforceable, that portion shall be construed as much 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 Site is in conflict or inconsistent with this Agreement, this Agreement shall
take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a
waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement
shall survive any termination of this Agreement.
Any legal controversy of legal claim arising out of or relating to this Agreement or the Site
(excluding legal action taken by us or you to collect or recover damages for, or obtain any injunction
relating to, intellectual property ownership or infringement), shall be settled solely by confidential
binding arbitration in accordance with the commercial arbitration rules of the American Arbitration
Association. Any such controversy or claim 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 Phoenix, Arizona. Each party shall bear one-half of the arbitration fees and
costs incurred through AAA, and each party shall bear its own attorneys’ fees.