Terms of Use

These Terms of Use apply to this website (hereinafter referred to as the “Website”) . By using this website you are agreeing to these Terms of Use. These Terms of Use become a legally binding contract between you and the Firm . This website is offered to you (the “User”) conditioned on your acceptance without modification of the Terms of Use contained herein. Your use of the Firm constitutes your agreement to all these Terms of Use, as may be amended from time to time. Your use of a particular third party website which may be linked or included within the Website may also subject you to the terms of use outlined in that third party website. In the event that any of the Terms of Use contained herein conflict with the terms of any third party website, then the terms of this Website shall control.

Indemnification

User agrees to indemnify and hold the Firm and its officers, directors, managers, employees, contractors, attorneys and agents harmless from any liability, costs, expenses, fees, damages, or other amounts (collectively, “Losses”) that they may incur arising out of any claim or suit by any third party in connection with User’s access to or use of the Website. In particular, but without limitation, the foregoing indemnification shall apply to claims by debtors, consumers or any other person about whom information is transmitted through the Website that such information is untrue or was transmitted without authority.

The indemnifying party may, at its option, conduct the defense in any such third party action arising as described herein with counsel reasonably acceptable to the indemnified party, and the parties shall reasonably cooperate with each other in such defense. The parties’ rights and obligations under this section shall be continuing and shall survive the expiration or termination of these Terms of Use by either party for any reason. The parties shall promptly notify the other in writing of any claim, action, or proceeding, and the parties shall reasonably cooperate with one another, at no cost to the indemnifying party, in the defense of any such claim, action or proceeding.

Links to Third Party Sites

The Website may contain advertisements and links to third party websites (hereinafter “Linked Sites”). You hereby agree that the Firm is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.

The Firm is not responsible for any transmission received from any Linked Site nor is the Firm responsible if the Linked Site does not work properly. The inclusion of any Linked Site does not imply endorsement by the Firm of the Linked Site. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites. Any dealings with third parties (including advertisers) operating the Linked Sites included within the Website, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the operator of the Linked Site. The Firm shall not be responsible or liable to you or anyone claiming through you for any part of any such dealings even if the Firm receives a benefit, monetary or otherwise, from the third party.

No Unlawful or Prohibited Use

As a condition of your use of the Website, you will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Website in any manner that could damage, disable, overburden, or impair the Website or the network(s) connected to the Website, or interfere with any other party’s use of the Website or any connected network. You agree not attempt to gain access to the Website unless you are a debtor of the Firm. You agree not attempt to gain access to an account which does not belong to you, or to any computer systems or networks connected to the Website, through hacking, viruses, password interception or by any other means.

Use of Services

The Website contains services for facilitating communications designed to enable you to communicate with the Firm . You agree to use the Website only to send and receive messages and information that is proper and related to a particular communication. You agree that when using the Website, you will not use the Website for any improper purpose in any improper way including, but not limited to:

1. Providing any false information to the Website for any reason or creating a false identity on the Website.
2. Violating the legal rights (such as rights of privacy and publicity) of the Firm or any other person or entity.
3. Using any material or information, including images or photographs, which is made available through the Website in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
4. Using a meta tag search on the Website.
5. Violating any code of conduct or other terms of use which may be applicable to this Website or any particular Linked Site.
6. Harvesting or otherwise collecting information about the Firm or others, including e-mail addresses, without consent.
7. Violating any applicable laws or regulations of Texas, or the state in which you reside, or the United States.
8. Using the Website or any email address on the Website in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any redundant or unsolicited messages.

The Firm has no obligation to monitor the Website communications. However, the Firm reserves the right, without the obligation, to review any materials posted to the Website and to remove any materials in its sole discretion. The Firm reserves the right to suspend or terminate your access to any or all of the Website at any time, without notice, for any reason whatsoever. The Firm reserves the right at all times to disclose any information as the Firm deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Firm’s sole discretion.

Modification of These Terms of Use

The Firm reserves the right, from time to time, to change (a) the hardware or software required to access and use the Website; (b) the access or security procedures, and rules of accessing of the Website; (c) the nature and scope of the Website; and (d) these Terms of Use. The Firm may but is not required to provide the User with notice of any change. You are responsible for regularly reviewing these changes in these Terms of Use on the Website or the Linked Sites. Your continued use of the Website constitutes your agreement to all such revised Terms of Use.

Liability Disclaimer

Despite efforts by the Firm to avoid errors, the information and services available through this Website may include inaccuracies or typographical errors. Changes are periodically made to the Website functionality and content. The Firm may make changes to the Website at any time. Advice received via the Website or the Linked Sites should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation. The Firm makes no representations about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components, or the accuracy of the content and services provided through the Website for any purpose. All such content and services are provided “as is” without warranty of any kind. The Firm hereby disclaims any and all warranties and conditions with regard to such content and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement.

You specifically agree that the Firm shall not be responsible to you or anyone else for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through an Website. You specifically agree that the Firm is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. You agree that the Firm is not responsible for any content sent using and/or included in the Website by any third party. You agree that in no event shall the Firm be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website, with the delay or inability to use the Website or related services, the provision of or failure to provide services, or for any content and services obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Website.

Limitation on Liability

The User stipulates that as of the date of User’s initial registration on the Website, User has no claims or causes of action against the Firm for any reason, known or unknown. In the unlikely event that the Firm should hereafter become liable to User, User agrees that such shall not exceed five hundred dollars and User will not claim the Firm is liable to User for any amount in excess of five hundred dollars. The remedies available to User specified in these Terms of Use are exclusive. Any and all benefits applying to the Firm under these Terms of Use also apply to the benefit of each officer, directors, managers, employees, attorneys, contractors and agents.

The Firm shall never be liable to User for special, incidental, punitive, or consequential damages (even if the Firm has been notified of the possibility of such damages), including, but not limited to, lost profits or savings, loss of use of services, cost of capital, cost of substitute services or facilities, downtime costs, or damages and expenses arising out of third party claims.

No Warranty of any Kind

The Firm makes no warranty of any kind to the User, including, without limit, that any service will be uninterrupted, timely, secure or error-free.

Termination of Access

The Firm reserves the right, in its sole discretion, to suspend or terminate your access to the Website or any portion thereof at any time, without notice. The Firm may also terminate your access to the Website for inactivity. Upon termination, your right to use the Website immediately ceases. The Firm shall have no further obligation to maintain your access to the Website.

General Terms

This agreement is governed by the laws of the State of Texas, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Dallas County, Texas, U.S.A. in all disputes arising out of or relating to the use of the Website. Any action of any kind by either party arising out of these Terms of Use must be commenced within one year from the date the right, claim, demand, or cause of action first accrued, regardless of whether it is continuing from the date of first accrual. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Firm as a result of this agreement or use of the Website. You agree to indemnify and hold the Firm, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct on the Website. The Firm reserves the right to disclose any personal information about you or your use of the Website, including its contents, without your prior permission if the Firm has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of the Firm or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. Nothing contained in these Terms of Use shall the Firm’s right to comply with laws relating to your use of the Website or information provided to or gathered by the Firm with respect to such use. If any part of these Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect. Unless otherwise specified herein, these Terms of Use constitute the entire agreement between the User and the Firm with respect to the Website and the transactions on the Website. These Terms of Use supersede all prior or contemporaneous communications, whether electronic, oral or written, between the User and the Firm with respect to the Website. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings.

Copyright Notice

All content of the Website (other than the content of the Linked Sites) are: Copyright 2007 Niermann and Olivo. All rights are reserved. You may not print, download, or attempt to obtain any content from the Website without the express written consent of the Firm.