Disclaimers
This web page includes disclaimers and terms of use for this website. These disclaimers apply to the https://Bayliff.Law website, which is not made available to provide specific legal advice. It is provided for educational purposes and to give you general information and a general understanding of the law. By using this website you understand there is no attorney-client relationship between you and Bayliff Law Firm PLLC (Firm). The website should not be a substitute for competent legal advice from a licensed professional attorney in your state.
Hiring an attorney is an important decision that should not be based solely on advertising. The information you obtain at this site is not, nor is it intended to be, legal advice. Consult an attorney for advice regarding your individual situation. Contacting us creates no attorney-client relationship. Please send no confidential information to me until an attorney-client relationship has been established.
Bayliff Law Firm PLLC presents this website as a service to potential Texas clients and other Internet users. While the information on this site is about legal issues, it is not legal advice. Due to the rapidly changing nature of the law and our reliance on information provided by outside sources, we make no warranty or guarantee about the accuracy or reliability of the content at this site or at other sites to which we link.
Attorney responsible for the content of this website
Brad Bayliff is the attorney responsible for the content of this website.
No Attorney-Client Relationship
The materials on this website are intended for informational purposes only. The materials on this website are not intended to be, nor should they be interpreted as, legal advice or opinion. The reader should not consider this information to be an invitation to an attorney client relationship, should not rely on information presented here for any purpose, and should always seek the legal advice of counsel in the appropriate jurisdiction. Transmission and receipt of the information in this site or communication with the Firm via email is not intended to solicit or create, and does not create, an attorney-client relationship between the Firm and any person or entity.
Transmission of Information
Electronic mail or other communications through this site or otherwise to the Firm or any of its lawyers in connection with a matter for which we do not already represent you may not be treated as privileged or confidential. If you contact us through this website, be aware any information transmitted electronically may not be secure.
Legal Warranty
The content of this website is general information and may not reflect current legal developments. Such content is designed only to give general information on the developments actually covered. It is not intended to be a comprehensive summary of recent developments in the law, treat exhaustively the subjects covered, provide legal advice, or render a legal opinion. Since the law is constantly changing and since the law will vary based on different facts and circumstances, statements on this website regarding the status of a law or legal issue may not be current or applicable to your particular situation. You should take no action based on the information in this website.
Bar Membership
Although this website may be viewed from any of the fifty United States of America and territories, as well as any country, the Firm primarily practices in Texas. Lawyers named in the website may not be licensed to practice law except in Texas.
Links
This website occasionally contains links to other web pages; however, including such links does not constitute referrals or endorsements of the linked entities. Links to organizations and governmental agencies are provided as a convenience to our readers. The Firm does not endorse and is not responsible for any third-party content that may be accessed from its website and does not recommend or endorse the use of any third-party’s services. The links are to be accessed at the user’s own risk, and the authors of this webiste make no representations or warranties about the content of these links.
Jurisdiction
By accessing this website, you agree any disputes or matters arising out of or related to your viewing or use of this website shall be governed under the laws of the State of Texas without regard to the conflict of laws. If the bar rules in your jurisdiction require us to identify an attorney and office responsible for this website, the firm designates Brad Bayliff in Blanco, Texas, as the responsible attorney and office.
Liability
The Firm assumes no responsibility for computer viruses resulting from our website. Under no circumstances, including, but not limited to, negligence, shall the Firm be liable for any special or consequential damages that result from using, or the inability to use, the materials in this website, even if the Firm has been advised of the possibility of such damages.
Indemnification
You agree to indemnify, defend and hold harmless the Firm and its members, managers, officers, employees, agents and the assigns of same, against any loss, costs, expenses (including reasonable attorneys’ fees and expenses), claims, damages and liabilities related to or associated with your use of the website and any violation of these Terms and Conditions by you.
Changes
The Firm may change these policies without written notice. The changes will become effective upon posting of the changes to the website.
Last Update
The firm last updated these Disclaimers and Terms of Use on May 1, 2017.
Terms of Use
1. BINDING EFFECT. This is a binding agreement between you and Bayliff Law Firm PLLC (us, we, Firm). By using the Internet site located http://bayliff.law (the Site), you agree to abide by these Terms of Use. If at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of it.
2. PRIVACY POLICY. We respect your privacy and permit you to control the treatment of your personal information. A complete statement of our current privacy policy can be found by clicking here. Our privacy policy is expressly incorporated into this Agreement by this reference.
3. GOVERNING LAW. These Terms of Use shall be construed in accordance with and governed by the laws of Texas and the United States, without reference to rules regarding conflicts of law. This Site is intended for use by individuals based in the United States of America.
4. MINIMUM AGE. You must be at least 18 years old to access and participate on this site. You guarantee and warrant you are at least 18 years old and are able to enter into this Agreement from a legal perspective.
5. EBOOK SIGNUPS AND MAILINGS. You have the option, but not obligation, to sign up and receive a free eBook or other materials from us. Should you do so, you are agreeing to receive further emails from us of a commercial nature.
6. EMAIL COMMUNICATIONS. When you contact us, you expressly consent and agree to receive email responses from us. These email communications may be commercial or non-commercial in nature. Non-commercial emails may include, but are not limited to, administrative issues and announcements of changes to these Terms, the Privacy Policy or other site documentation.
7. USE OF SOFTWARE. Firm may make certain files, documents, or software available to you from the Site. If you download files, documents, or software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, Software) are deemed to be licensed to you by Firm, for your personal, noncommercial, home use only. Firm does not transfer either the title or the intellectual property rights to the Software, and Firm retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by Firm or its licensors and you may not copy or use them in any manner.
8. USER CONTENT. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (User Content) to the site, you are granting Firm, its affiliates, officers, directors, employees, consultants, agents, and representatives a permanent, non-exclusive license to use User Content in connection with the operation of the Internet businesses of Firm, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Firm may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
9. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the site, you agree to respect the intellectual property rights of others. Your use of the site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, Content) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you. All Digital Millennium Copyright Act matters are processed pursuant to our DMCA Policy, which you may access via the DMCA link at the bottom of the page.
10. INAPPROPRIATE CONTENT. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; (c) advertises or otherwise solicits funds or is a solicitation for goods or services; or (d) provides medical advice to other users. Firm reserves the right to terminate your receipt, transmission, or other distribution of any such material using the site, and, if applicable, to delete any such material from its servers. Firm intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms or of any applicable laws.
11. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your account. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
12. NO WARRANTIES. WE HEREBY DISCLAIM ALL WARRANTIES. WE ARE MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WE DO NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
13. LIMITED LIABILITY. OUR LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY US. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
14. AFFILIATED SITES. We have no control over and no liability for any third party websites or materials. We work with a number of partners whose Internet sites may be linked with the Site. Because we have no control over the content and performance of these partner and affiliate sites, we make no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that we make no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.
15. PROHIBITED USES. We impose certain restrictions on your permissible use of the Site. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding, “spamming,” “mail bombing,” “crashing,” or instituting a “DDOS” attack on the Site; (d) using the Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Site; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing the Site. Any violation of system or network security may subject you to civil and/or criminal liability.
16. INDEMNITY. You agree to indemnify us for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Firm, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. We will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
17. COPYRIGHT. All contents of Site or Service are: Copyright © 2012-2019 Bayliff Law Firm PLLC .
18. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
19. NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by us or by any third party.
20. UNITED STATES USE ONLY. The Site is controlled and operated by Firm from its offices in the State of Texas. The domain of the website is registered in the United States and the Site is hosted in the United States. The intended audience for this site consists of individuals in the United States only. Firm makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Firm purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than Texas and the United States.