Terms of Service

OVERVIEW

This website is operated by Walsh Gallegos Treviño Russo & Kyle P.C. On this site, Walsh Gallegos Treviño Russo & Kyle P.C. is sometimes referred to as “Walsh Gallegos”, but most often using the terms “we”, “us” and “our”, and words of similar effect. “You” and “your” and words of similar effect refer to the reader and any person or persons subscribing to, using, or otherwise accessing our site.

We offer this website, including all information, tools and services available from this site to subscribers and other users, conditioned upon your acceptance of all terms, conditions, policies and notices as stated in these Terms of Service, as they may be modified by us from time to time.

By visiting this website and/or subscribing to the Law Dawg’s Ed Daily, you are entitled to view articles and information published on this site, in exchange for which you agree to be bound by the terms and conditions stated in these Terms of Service (the “Terms of Service” or, sometimes, “Terms”), including both the terms and conditions and policies referenced herein and those cross-referenced by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

Any new features or tools which may later be added to the website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace all or any portion of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Any reliance on the material on this site is at your own risk. This site may contain historical information, which by definition is not current and is provided for general information only and should not be acted upon independently or without proper verification that the information is accurate, complete and timely. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Our site is hosted by 1and1.com . They provide us with the online platform that allows us to sell the Law Dawg’s Ed Daily Subscription to you.

SECTION 1 - GENERAL CONDITIONS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence.

You may not use this subscription for any illegal, unethical or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).  You agree not to use this website or information contained in the website to transmit any worms or viruses or any code of a destructive nature.

Any breach or violation of any of the Terms may at our option result in an immediate termination of your subscription and any other products or services.

We reserve the right to refuse service to anyone for any reason (or no reason) at any time.

If you are accessing subscriber-only content on our website, by clicking on a link to that content or otherwise viewing that content you confirm that you or your organization are a subscriber in good standing, holding a fully paid subscription.  If the subscription is through an organization, you further confirm that you are an employee or control person of that organization and have the express authority of the appropriate organization representatives to access the content and view the materials.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Prior to inputting, sending or otherwise transmitting your credit card information, be sure that the lock icon is closed (___) on your browser indicating that you are sending the information over a secure network.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, grant any other person permission to use the Service, or otherwise provide access to the Service or any contact on the website through which the service is provided, without our express prior written permission.

The headings used in this agreement are included for convenience of reference only and will not limit or otherwise affect these Terms.

SECTION 2 - NO LEGAL ADVICE

Walsh Gallegos provides information on this site for informational purposes only. The information provided is not legal advice. The information may not reflect the most current legal developments or analysis of legal issues. You should not act or rely upon the information on this site without consulting with an attorney.

Some links on this site lead to other Internet sites. Walsh Gallegos does not sponsor, endorse, or approve those sites or information on those sites.

Using this site, viewing information on it, or communicating on it does not create an attorney-client relationship between you and Walsh Gallegos. Information you communicate on this site, or by e-mail, may not be confidential or privileged, before Walsh Gallegos agrees to create an attorney-client relationship. Unless Walsh Gallegos has formally established an attorney-client relationship with you, DO NOT send any confidential information or any information that you want to be kept in confidence through this site or any e-mail address posted on this site.

SECTION 3 - MODIFICATIONS TO THE SERVICE, PRICES AND REFUND AND CANCELLATION POLICY

Prices for the subscription are subject to change without notice.

For subscriptions, no refunds will be given unless notice of cancellation is received within seven (7) days of subscribing. For other products, no refunds will be given unless request is made and the product is returned, accompanied by such information as we may require, within seven (7) days of purchase. Other services are nonrefundable.  A $25 processing fee will be charged for subscriptions canceled or returns made within the seven day cancellation of return period.  If you have any questions about our refund and cancellation policy, please contact us at info@wabsa.com.

We reserve the right at any time to modify or discontinue the Service (or any part thereof or any content, link or other information included on the website) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuation of the Service.

SECTION 4 - PRODUCTS AND SERVICES; CERTAIN LIMITATIONS

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to refund only according to our refund policy as described above.

We reserve the right to refuse service to anyone, for any reason or no reason.  We may also limit the sale of the Law Dawg’s Ed Daily and any other products or services to any class of persons, in our sole discretion, or we may restrict sale to certain geographic regions or jurisdictions. We may exercise this right on a case-by-case basis. We also reserve the right to limit the quantities of any products or services that we offer. All descriptions of the subscription or subscription pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any subscription at any time, for any reason or for no reason. Any subscription, product or service and any offer for any subscription, product or service is void where prohibited, limited, restricted, regulated or taxed.

SECTION 5 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

You agree to provide current, complete and accurate purchase and credit card account information for all subscriptions and other purchases made at our site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. By providing credit card information, you warrant that the information is correct, accurate and complete, and that you have the authority to use the credit card account entered.  You will indemnify us from any liability for use of unauthorized credit card information to purchase subscriptions or other goods or services through our website.

SECTION 6 – PRIVACY POLICY

We will respond to inquiries from visitors to our website but we do not provide or sell such information to third parties. We do use information supplied by you or your browser and obtained from our site in an aggregated form in order to gauge the usefulness and popularity of the web pages or certain links to or from our site. Walsh Gallegos reserves the right to change this policy at any time without advance notice. Any such privacy policy changes will not go into effect until the changes are posted here and will only apply to information collected after the new policy goes into effect.

For each visitor to this site, our Web server automatically recognizes only the consumer's domain name (where possible), but not the email address.  We also count, track and aggregate the visitor's activity into our analysis of general traffic flows at our sites (e.g. tracking where traffic comes from, how traffic flows within the site, etc.). To these ends, we may merge information about visitors and visits into group data and may provide that aggregated information to third parties.  We also collect the email addresses of those who communicate with us via email.  However, we will not disclose your individual identity or personally identifiable data, including email address, without your permission, except that we may share your personally identifiable information to the extent necessary to complete our business transactions with you, such as processing of credit card data or providing your subscription to the Law Dawg’s Ed Daily, or otherwise providing products and services you have ordered.  We also reserve the right to disclose your personally identifiable data as may be required by law or legal process.

SECTION 7 - OPTIONAL TOOLS; THIRD PARTY LINKS

We may provide you with access to third-party websites, tools, resources, services or information over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such websites, tools, resources, services or information ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party websites, tools, resources, services or information.  Any use by you of optional websites, tools, resources, services or information offered or identified through our site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which websites, tools, resources, services and information are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new websites, tools, resources, services or information). Such new features and/or services shall also be subject to these Terms of Service.

We are not responsible for examining or evaluating the content or accuracy of, and we do not warrant and will not have any liability or responsibility for, any third-party websites, tools, resources, services or information.

We are not liable for the purchase or use of products or services obtained from any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third-party offering such products or services.

SECTION 8 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

SECTION 9 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 10 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 11 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Walsh Gallegos Treviño Russo & Kyle P.C., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. 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, our liability shall be limited to the maximum extent permitted by law.

SECTION 12 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Walsh Gallegos Treviño Russo & Kyle P.C. and our subsidiaries, affiliates, partners, shareholders, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your reliance (to your detriment) upon or use of the material and information on this website in any manner or for any purposes not expressly permitted by these Terms of Service, or your violation of any law or the rights of any third-party.

SECTION 13 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unlawful, void or unenforceable provision shall be revised as of the inception date of this agreement to be a provision as similar in meaning and effect to the unlawful, void or unenforceable provision as possible, but that is lawful, valid and enforceable.

SECTION 14 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate your subscription, and may cease to provide you with products or services, without notice and you will remain liable for all amounts due up to and including the date of termination; and accordingly may deny you access to our services, and any fees paid by you shall be deemed fully earned as of the date of termination and you shall not be entitled to refund of any part thereof.

SECTION 15 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to any subscription, service or product provided by us constitutes the entire agreement and understanding between you and us and governs and supersedes any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 16 - GOVERNING LAW AND VENUE

These Terms of Service and any separate agreements whereby we provide you products or services shall be governed by and construed in accordance with the laws of the State of Texas.  Venue for any cause of action arising under these Terms of Service, or any claim related to our providing any products or services to you hereunder or otherwise, shall be in the courts of competent jurisdiction in Travis County, Texas. 

SECTION 17 - CHANGES TO TERMS OF SERVICE

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 18 – WHO CAN I ASK IF I HAVE OTHER QUESTIONS

If you have any questions or concerns about edlawdawg.com’s Terms of Service, including privacy policies and use of personal information, please send them to info@wabsa.com.

by Jim Walsh