Terms of Use

This Terms of Use Agreement (“Agreement”) constitutes a valid, binding contract between you and Carter Scholer PLLC (“Carter Scholer”) the owner and operator of the site accessible through www.carterscholer.com, with respect to the use of this website (the “Site”).  The information provided on this site is provided subject to compliance with the terms of this Agreement.  YOUR USE OF THIS SITE SIGNIFIES AND CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT, AS IT MAY BE AMENDED FROM TIME TO TIME.  Please read this Agreement carefully as it forms a binding contract between you and Carter Scholer. 

ALL CARTER SCHOLER LAWYERS, UNLESS OTHERWISE INDICATED, ARE NOT CERTIFIED BY THE TEXAS BOARD OF LEGAL SPECIALIZATION.

The facts and results of each case will vary, and no particular result can be guaranteed.

Site Content Not Legal Advice

These materials have been prepared by Carter Scholer for informational purposes only and do not constitute legal advice, do not necessarily reflect the opinions of Carter Scholer, its attorneys or any of our clients, and are not guaranteed to be correct, complete, or up-to-date. The laws of your jurisdiction may be different from what is described in this Site.  Because of these differences, you should not act or rely on any information on this Site without seeking the advice of a competent attorney licensed to practice law in your jurisdiction for your particular problem.  Carter Scholer has endeavored to comply with all legal and ethical requirements in developing this Site and does not desire to represent clients based upon their review of any portions of this Site which do not comply with the legal or ethical requirements of the jurisdiction in which the client is located.

This information is not intended to create, and receipt of it does not constitute, a lawyer-client relationship.

Do not send us information until you speak with an individual attorney and receive authorization to send that information to Carter Scholer.  Our attorneys may communicate with you by e-mail.  However, if you communicate with Carter Scholer through this Site or otherwise in connection with a matter for which Carter Scholer does not already represent you, your communication may 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, please remember that Internet e-mail is not secure and you should avoid sending sensitive or confidential Internet e-mail messages unless they are adequately encrypted.

Personal Use of Contents

The content of the Site is for your personal, noncommercial use. Content copied, downloaded or printed must retain all the copyright, trademark and other proprietary notices. For commercial use of any portion of the contents you must secure the written consent from Carter Scholer.

Use of Site

Your use of the Site is at the sole discretion of Carter Scholer, who may deny you further use of the Site at any time, for any reason, with or without cause.  Your use of the Site does not entitle you to continued use of the Site.

Your use of the Site must always comply with applicable law.  In particular, but without limitation, you agree not to use the Site to:

  1. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity;

  2. upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

  3. upload, post, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; or

  4. upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, network, hardware or telecommunications equipment.

Carter Scholer makes no representation regarding accessing the materials on this Site from jurisdictions where their contents are illegal or prohibited. Those users who choose to access this Site from other jurisdictions do so at their own risk and are responsible for compliance with local laws and regulations.

Links to Other Sites

The Site may contain links to third party websites. Those links, if any, are provided as citations and aids to help you identify and locate other resources that may be of interest, and are not intended to state or imply that Carter Scholer sponsors, is affiliated or associated with, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links.  Carter Scholer is offered no compensation or remuneration from the organizations linked to the website.   Carter Scholer makes no warranties, explicit or implied, regarding the performance of the links, the performance of the outside sites or the contents of the outside sites.  If you decide to access linked third party websites, you do so at your own risk.

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS CARTER SCHOLER, ITS ATTORNEYS AND EMPLOYEES AND OTHER AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING WITHOUT LIMITATION CLAIMS BASED UPON THE NEGLIGENCE OF CARTER SCHOLER, ITS ATTORNEYS AND EMPLOYEES AND OTHER AFFILIATES ARISING FROM OR RELATED TO YOUR USE OF THE SITE, THE MATERIALS IT CONTAINS, AND ANY SITES LINKED TO THIS SITE.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  1. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  CARTER SCHOLER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, QUALITY, PERFORMANCE, NON-INTERFERENCE WITH INFORMATION, AND ACCURACY OF INFORMATIONAL CONTENT.  THERE IS NO WARRANTY THAT INFORMATION PROVIDED ON THE SITE WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. 

  2. CARTER SCHOLER MAKES NO WARRANTY THAT:

    1. YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,

    2. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR

    3. THE QUALITY OF ANY INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

  3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

  4. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CARTER SCHOLER OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

Limitations and Exclusions of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT CARTER SCHOLER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CARTER SCHOLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

  1. THE USE OR THE INABILITY TO USE THE SITE;

  2. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;

  3. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR

  4. ANY OTHER MATTER RELATING TO THE SITE.

IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY OF THE INFORMATION CONTAINED THEREON, OR REFUSE TO ABIDE BY THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE.  NOTWITHSTANDING THE FOREGOING, CARTER SCHOLER'S LIABILITY TO YOU SHALL IN NO CASE EXCEED $100.  YOU FURTHER AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST CARTER SCHOLER ARISING OUT OF THE USE OF THE SITE.

CARTER SCHOLER SHALL NOT BE HELD LIABLE FOR ANY REPRESENTATIONS ON THIRD PARTY SITES IN RELATION TO THE INFORMATION PROVIDED IN THIS SITE.

Intellectual Property Rights

The Site is protected by copyright, trademark and other intellectual property rights. 

  1. Carter Scholer grants you a personal, revocable, non-transferable, and non-exclusive right and license to use the object code of the Site on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software for the Site except and only to the extent that such activity is permitted by applicable law notwithstanding this limitation.

  2. The logos, and other service marks and service names of Carter Scholer (“Marks”) are owned or licensed by Carter Scholer.  You agree not to copy, display or otherwise use any of the Marks without the prior written permission of Carter Scholer.  Notwithstanding the foregoing, the Marks may not be used in any manner likely to cause confusion, disparage or dilute these marks and/or in connection with any product or service that is not authorized or sponsored by Carter Scholer.

  3. The entire Site, and all object code and source code, text, graphics, multimedia content, including but not limited to images, illustrations, html and other mark up languages, and all scripts within the site associated therewith, are Copyright 2013-2017, Carter Scholer PLLC. All rights reserved.  The copyrighted and proprietary property of Carter Scholer may not be duplicated or used without Carter Scholer’s express prior written consent.

Choice/Opt-out

Our users are given the opportunity to “opt-out” of having their information used for purposes not directly related to the Site at any point where we ask for the information.  Users who no longer wish to receive e-mail which Carter Scholer may send, may opt-out of receiving these communications by replying with the term “unsubscribe” in the subject line of the email.

Privacy

Carter Scholer provides this notice to explain its practices regarding collection and use of personal information through the Site.  Carter Scholer may collect information from you relating to your application for employment at Carter Scholer. We will not disclose, sell, or rent any of your identifiable personal information to any third party, unless approved by you, or required by law. Carter Scholer may offer you access to certain information by e-mail, and may distribute your e-mail address and name to external service providers who would manage this process for us.  These service providers have agreed not to sell or distribute your information to any other party.  Instructions to unsubscribe will be included in each e-mail message. Carter Scholer may share non-personal, anonymous, summary or aggregate user data with certain affiliates and other third parties.  Please note that, although Carter Scholer aims to protect your personal information against unauthorized disclosure, the firm cannot guarantee that your personal information will never be disclosed in a manner inconsistent with this policy.

This Site contains links to this other sites.  When you enter these other sites using links from Site, you are entering a site for which Carter Scholer has no responsibility. Carter Scholer does not control these other sites and cannot guarantee their practices regarding data privacy and security.  We recommend that you read the privacy policies of those sites, which may differ from the policy of this Site.

This Site is not directed at children under the age of 13 and does not knowingly collect personal information from children under the age of 13.  If Carter Scholer obtains actual knowledge that it has obtained personal information about a child under the age of 13, that information will be immediately and permanently deleted from our records.

Modification

Carter Scholer may update, revise, supplement, modify or amend this Agreement at any time.  Any updates, revisions, supplements, modifications or amendments shall be effective immediately upon its posting on the Site.  You agree that you will be bound by this Agreement, however and whenever it is updated, revised, supplemented, modified, or amended, whether you have actual or constructive notice of, and whether you have used or continue to use the Site after, the updates, revisions, supplements, modifications or amendments.

Entire Agreement

This Agreement constitutes the entire agreement between you and Carter Scholer with respect to your use of the Site. There are no other representations, warranties, terms, agreements or conditions, either written or oral, with respect to your use of the Site except as set forth in this Agreement. 

Severability

If any provision of this Agreement is deemed unlawful, void, voidable or unenforceable for any reason, then that provision shall be deemed severable from this Agreement and shall not affect the validity or enforceability of any remaining provisions.

Governing Law and Venue

By accessing this Site both you and Carter Scholer agree that the statutes and laws of the State of Texas, without regard to conflicts of laws principles thereof, will apply to all matters relating to use of this Site (whether grounded in tort, contract, law or equity).  In the case of a dispute, you and Carter Scholer agree any litigation arising between the parties hereto shall be brought only in the state or federal courts having subject matter jurisdiction in Dallas County, Texas.  You and Carter Scholer hereby irrevocably and unconditionally consent to the jurisdiction of any such court and hereby irrevocably and unconditionally waive any defense of an inconvenient forum to the maintenance of any action or proceeding in any such court, any objection to venue with respect to any such action or proceeding, and any right of jurisdiction on account of the place of residence or domicile of any party thereto.

Termination

Carter Scholer may terminate your right to use this Site, with or without cause at any time in its sole discretion. In the event of termination, all representations, warranties, indemnifications, and promises made by you shall survive.

Contact Information

E-mail:  info@carterscholer.com

Telephone: You may call us at 214.550.8188.  If you call after normal business hours, please leave a message and your telephone number. Normal office hours are Monday through Friday, 8:30 a.m. to 5:30 p.m. Central Time.

U.S. Mail: 
Carter Scholer PLLC, 8150 N. Central Expressway, Suite 500, Dallas, Texas 75206

 

Carter Scholer's principal office is in Dallas, Texas. 

 

Last Updated March 2017