Terms of Use

Introduction

Welcome to www.theburlesonfirm.com. This website is owned and operated by The Burleson Firm. The terms, “we” and “our” as used on this page refer to The Burleson Firm.  By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as ‘User Agreement’), along with the terms and conditions as stated in our Privacy Policy and our Copyright Notice.  Please refer to the Privacy Policy section and the Copyright Notice section below for more information.

This agreement is in effect as of December 24, 2014.

We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

Responsible Use and Conduct

By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as ‘Resources’), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

Wherein, you understand that:

1. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
2. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account(s).
3. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
4. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
5. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
6. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
7. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, service/product ratings and reviews, various social media services, etc. You understand that we may or may not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
   1. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
   2. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
   3. Contains any type of unauthorized or unsolicited advertising;
   4. Impersonates any person or entity, including any www.theburlesonfirm.com employees or representatives.
8. We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
9. We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn’t violate or infringe on any 3rd party copyrights or trademarks, becomes the property of The Burleson Firm, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of any explicitly established attorney-client relationship or as part of the registration process, necessary in order to use our Resources. Any information provided via private communications as part of an explicitly established attorney-client relationship is protected by the attorney-client privilege.  Information posted via open communications are public and are not protected by the attorney-client privilege.  All information provided as part of our registration process is covered by our Privacy Policy.
10. You agree to indemnify and hold harmless The Burleson Firm and its owners, officers, managers, employees, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Privacy

Your privacy is very important to us, which is why we’ve created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this User Agreement. To read our privacy policy in its entirety, click here.

Legal Advice Disclaimer

The contents of this website are provided for informational purposes only. It is purely a public resource of general information which is not intended to be legal advice and should not be construed as such. The use of this site does not create an attorney-client relationship. Anyone reading this should not rely on any information provided herein and should always seek the advice of competent counsel in your state. The Burleson Firm expressly disclaims any and all liability with regard to actions taken or not taken based upon the content of this website. The owner of this website is an attorney licensed to practice only in the State of Alabama. The information in this website is not directed at or intended to be received by anyone needing representation concerning any matter arising outside of the State of Alabama. Furthermore, the owner of this website does not wish to represent anyone desiring representation based upon viewing this website in a state where this website fails to comply with all laws and ethical rules of that state. Do not send the owner of this website any confidential information until you speak directly to a lawyer and verify that an attorney-client relationship has been established.

Any account of past successes is not indicative of future results.  Each case is unique and must be evaluated individually based upon the specific facts, circumstances and applicable law in that particular case. The outcome in any case is determined by numerous complex factors and their interaction, including but not limited to, the jurisdiction, venue, witnesses, parties, relevant factual evidence and the applicable law. Cases are often affected not only by the facts and the law of the case, but by the particular personalities, emotions and behavior of all individuals involved. The results obtained in previous cases do not guarantee or predict a similar result in future cases undertaken by that lawyer. No attorney can guarantee any client any particular outcome in any legal matter.

Alabama Rule of Professional Conduct 7.2 requires the following disclaimer in all published communications regarding a lawyer’s services: “No representation is made that the quality of legal services to be performed is greater than the quality of legal services to be performed by other lawyers.”

Content Disclaimer

Postings on our Website are made at such times as The Burleson Firm determines in its discretion.  You should not assume that the information contained on our Website has been updated or otherwise contains current information.  The Burleson Firm does not review past postings to determine whether they remain accurate and information contained in such postings may have been superseded.  THE INFORMATION AND MATERIALS IN OUR WEBSITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HERIN.  THESES MATERIALS ARE NOT GUARANTED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP TO DATE.  THESE MATERIALS MAY BE CHANGED FROM TIME OT TIME WITHOUT NOTICE.

Limitation of Warranties

UNLESS OTHERWISE EXPRESSED, The Burleson Firm EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

By using our website, you understand and agree that all Resources we provide are “as is” and “as available” without representations or warranties of any kind. To the fullest extent permitted by law, we specifically disclaim all warranties and conditions of any kind, including all implied warranties and conditions of merchantability and fitness for a particular purpose.  This means that we do NOT represent or warrant to you that:

1. the use of our Resources will meet your needs or requirements.
2. the use of our Resources will be uninterrupted, timely, secure or free from errors.
3. the information obtained by using our Resources will be useful, complete, accurate, reliable or current, and
4. any defects in the operation or functionality of any Resources we provide will be repaired or corrected.

 Furthermore, you understand and agree that:

1. Any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
2. No information, whether expressed, implied, oral or written, obtained by you from The Burleson Firm or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement, or if applicable, those contained in any signed written agreement between you and The Burleson Firm or required by any applicable rules of professional conduct.

Limitation of Liability

In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us related to the use of our website shall be limited to the amount you paid, if any, for use of products and/or services. You use of our website is at your own risk.  The Burleson Firm will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any errors, omissions, changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.  The Burleson Firm shall not be liable for your action or inaction in connection with our website or for any damage to your computer or data or any other damage you may incur in connection with our website.

Copyrights/Trademarks

All content and materials available on www.theburlesonfirm.com, constitutes intellectual property and is protected by applicable law.  We have created a separate Copyright & Trademark Notice in order to explain in detail what content and material is protected and under what circumstances, if any, you are entitled to use it.  Our copyright & trademark notice is included under the scope of this User Agreement. To read our copyright & trademark notice in its entirety, click here.

Links to Third-Party Websites

Our Website may contain links to Websites owned by or operated by parties other than The Burleson Firm.  Such links are provided for your reference only.  The Burleson Firm does not monitor or control outside Websites and is not responsible for their content.  The Burleson Firm’s inclusion of links to an outside Website does not imply any endorsement of the material on our Website or, unless expressly disclosed otherwise, any sponsorship, affiliation, or association with its owner, operator or sponsor, nor does The Burleson Firm’s inclusion of the links imply that The Burleson Firm is authorized to use any trade name, trademark, logo, legal or official seal, or copyright symbol that may be reflected in the linked Website.

Termination of Use

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information, subject to any applicable rules of professional conduct.

Governing Law

This website is controlled by The Burleson Firm from our offices located in the state of Alabama in the United States. It can be accessed by most countries around the world. As each country has laws that may differ from those of Alabama, by accessing our website, you agree that the statutes and laws of Alabama, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.

Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in the United States in Alabama.  You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Contact Information

If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:

The Burleson Firm 300 Vestavia Pkwy, Ste 2300 Birmingham, Alabama 35216 United States staff@theburlesonfirm.com 1 (205) 795-2033