Last updated on May 10, 2018
APPLICATION AND SCOPE OF THESE TERMS OF USE
These Terms of Use apply whenever you use the braatenwoods.com website or any other website owned or promoted by Braaten Woods, LLC (“Braaten Woods,” “we,” or “us”), consume any content published by Braaten Woods on social media, in email newsletters, or otherwise, and to your relationship with us generally. These Terms of Use apply whether you are a client of Braaten Woods or not. Do not use this website if you do not agree to these Terms of Use.
FORMING AN ATTORNEY-CLIENT RELATIONSHIP WITH US
Corresponding with us via this website and/or by email, phone, or in person does not create an attorney-client relationship.
GENERAL USE OF THIS WEBSITE AND OTHER BRAATEN WOODS SERVICES
This website, braatenwoods.com, may be accessed and used only in accordance with these Terms of Use. You may not use this website in any way prohibited herein.
We reserve the right to terminate access, refuse services, remove or edit content, and take any other steps to restrict your use of this website or any of our other websites or services at any time for any reason.
INFORMATION WE PUBLISH ON THIS WEBSITE AND THROUGH OTHER MEDIUMS
The information on this website is not intended to provide legal advice and should be used only for informational purposes. Many aspects of law are highly fact-dependent and subject to numerous exceptions and nuances. If you make decisions based purely on reading something we published, you run the risk of drawing wrongful legal conclusions from outdated or misapplied information. We encourage you to engage with an attorney if you have an important legal issue and need advice for your specific situation.
LIMITATIONS ON USE
You agree not to violate the security of this website or attempt to gain unauthorized access to this website, content, computer systems or network connections to any server in association with Braaten Woods through password mining, hacking, or any other method.
Your use of this website or any other website or services we provide, and the information provided on or through them may not be unlawful or result in harm to Cenkus Law or any third-party.
DISCLAIMERS / LIMITATIONS OF LIABILITY
BRAATEN WOODS AND ITS AFFILIATES, INCLUDING ITS EMPLOYEES, OWNERS, OFFICERS, CONTRACTORS, ADVISORS, REPRESENTATIVES AND ALL OTHER RELATED PARTIES SHALL HAVE NO LIABILITY, CONTINGENT OR OTHERWISE, FOR THE COMPLETENESS, TIMELINESS, OR ACCURACY OF THE INFORMATION ON BRAATENWOODS.COM OR PROVIDED ON OR THROUGH ANY OTHER WEBSITE OR PUBLICATION FOR ANY ACTIONS YOU TAKE IN RELIANCE ON SUCH INFORMATION.
YOU AGREE THAT YOUR USE OF ANY INFORMATION WE PUBLISH IS AT YOUR OWN RISK. ALL INFORMATION WE PUBLISH ON THIS WEBSITE AND OTHERWISE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE,” “WITH ALL FAULTS” BASIS. WE DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, TO THE GREATEST EXTENT PERMISSIBLE BY APPROPRIATE LAW, INCLUDING MERCHANTABILITY OR IMPLIED WARRANTIES AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE INFORMATION WE PUBLISH. THE RISK AS TO WHETHER INFORMATION WE PUBLISH IS SATISFACTORY QUALITY AND EFFECTIVE INFORMATION RESTS ENTIRELY WITH YOU.
WE DO NOT GUARENTEE THAT THE INFORMATION, MATERIALS, CONTENT, AND OTHER SERVICES INCLUDED ON OUR WEBSITE OR OTHERWISE PROVIDED TO YOU BY OR THROUGH US ARE FREE OF RISK FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
REGARDLESS OF WHETHER THE DAMAGES WERE CAUSED BY (A) BREACH OF CONTRACT, (B) NEGLIGENCE, (C) BREACH OF WARRANTY, OR (D) ANY OTHER CAUSE OF ACTION, THESE LIMITATION AND EXCLUSIONS APPLY, TO THE EXTENT THAT SUCH EXCLUSIONS AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.
SOME STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES OR LIMITATIONS ON IMPLIED WARRANTIES. THEREFORE, SOME OR ALL OF THE ABOVE DISCLAIMERS, LIMITATIONS, OR EXCLUSIONS MAY NOT APPLY TO YOU, IN WHICH CASE YOU MAY HAVE ADDITIONAL RIGHTS. SEEK THE ADVICE OF A LAWYER (OTHER THAN CENKUS LAW) IF YOU WANT TO EXPLORE THESE ADDITIONAL RIGHTS.
TO THE EXTENT THAT THE PREVIOUS EXCLUSIONS AND LIMITATIONS OF LIABILITY ARE PROHIBITED OR FAIL IN THEIR FUNDAMENTAL PURPOSE, OUR SOLE OBLIGATION TO YOU SHALL BE LIMITED TO $150, FOR ANY ALL DAMAGES OR ALLEGED DAMAGES. THIS EXCLUSION OF DAMAGES IS INDEPENDENT OF THE OTHER TERMS IN THESE TERMS OF USE.
ELECTRONIC COMMUNICATIONS
Email and other forms of electronic communication are not a highly secure method of communication. You are communicating with us electronically when you send e-mails, text messages and other communications from your mobile device, desktop, or laptop, including submitting information through online forms on this website. Please be cautious of sending important and sensitive information electronically.
You consent to receive communications from us electronically and that all agreements, notices, disclosures and other communications that we send to you electronically will satisfy any legal requirements that such communications be in writing. Our communications with you will be received in a variety of ways including by email or posting notices or messages on our website at braatenwoods.com.
INTELLECTUAL PROPERTY
All information included on this website or otherwise made available to you by us, such as graphics, logos, audio clips, button icons, data compilations, software, images and digital downloads, is the property of Braaten Woods and is protected by United States and international copyright laws.
Other than “fair use” as constituted according to United States copyright law, you agree not to reproduce, republish, or in any other way distribute any portion of the information we publish.
Logos, graphics, icons, scripts, and service or product names that are made available or included in this website are trademarks or trade dress of Braaten Woods. There is nothing contained in this website or in any other website or offering we make available to you that grants you permission, right or license to use any trademark or trade dress without prior written permission from Braaten Woods. Our trade dress and trademarks may not be used in connection with any service or product that is not our own or in any manner that is likely to cause confusion among potential customers, or in any way that disparages or discredits Braaten Woods.
Without our prior permission to do so, you may not employ any framing techniques to enclose any logo, trademark, or other proprietary information including, images, page layout, forms, or text, of Braaten Woods. We also do not allow you to utilize any meta tags or other “hidden text” using our name or trademarks without our prior written permission.
We respect all intellectual property rights. If you believe this website infringes on your work and rights, please email us at [email protected].
MINORS
If you are under the age of 18, do not use this website for any reason.
THIRD-PARTY LINKS
We may provide links to third-party websites from our website, but we do not endorse any third-party website or content. These links are provided for your convenience and are beyond our control. We make no representation as to the content, security and privacy of third-party websites. Your use or reliance on an external link and the content accessed from such links is done so at your own risk.
UNLAWFUL ACTIVITY
We reserve the right to investigate complaints or reports of violations to these Terms of Use and to take action we deem appropriate. These actions may include reporting any suspected unlawful activity to law enforcement officials or other third-parties. If we deem it advisable, we may disclose information related to user profiles, email addresses, posted materials, usage history, IP addresses and traffic information.
PRIVACY
Questions or concerns about the information we collect about you, including your personally identifiable information (PII), can be answered by reviewing the Braaten Woods Privacy Policy.
REMEDIES FOR VIOLATIONS
For violations of these Terms of Use, we reserve the right to seek all remedies available at law and in equity, including the right to block your access to this website or any website or service we offer.
APPLICABLE LAW
The laws of the State of Texas shall govern any dispute or claim relating in any way to your use of this website or your relationship with Braaten Woods, without regard to its conflict of laws principles.
DISPUTES
You agree that any dispute related in any manner whatsoever to this website or our relationship with you shall first be submitted to one day of non-binding mediation, which shall be conducted in Austin, Texas by a single mediator. You and Braaten Woods will mutually select the mediator. If you cannot agree on a mediator, we will ask National Arbitration and Mediation (namadr.com) to select the mediator.
If we are unable to resolve a dispute through non-binding mediation, we both agree that the dispute will be resolved by Open Arbitration performed by NAM (namadr.com).
We will split the cost of the mediator, arbitrator, and mediation and arbitration facilities. We will be responsible for our own respective costs, including attorney’s fees, travel costs, and preparation fees.
We both agree that either one of use may bring suit in court for injunctive relief (as available) without attending mediation and arbitration first.
GENERAL
Any part of these Terms of Use that is determined to be unenforceable will be replaced with a valid, enforceable provision that closely matches the intent of the original provision. The remainder of these Terms of Use will continue in effect.
We may assign these Terms of Use, in whole or in part, at any time with or without notice to you. However, you may not assign these Terms of Use.
Failure by either of use, by any means, to act with resect to a breach by the other does not constitute a waiver of rights to act with respect to subsequent or similar breaches.
These Terms of Use are the entire agreement between you and Braaten Woods with respect to this website and our relationship generally unless you sign a written Engagement Letter with us. All prior or contemporaneous communications of any kind with respect to this website and our relationship are superseded by these Terms of Use.
You may use this website and the information we provide on this website, any other website, or in or through any other medium only to the extent that the law allows and always entirely subject to these Terms of Use.
CHANGES TO THESE TERMS OF USE
We reserve the right to change these Terms of Use at any time. If we do so, we will update the date on the top of this document and the website where the document is provided. All changes will be effective immediately after the updated document is uploaded to our website. To ensure that you agree to all changes, check our Terms of Use each time that you use this website or any other website or service of Braaten Woods. Continuing to use this website after these Terms of Use are changed indicates that you agree to all changes.
Questions
For questions about these Terms of Use, please contact us:
By Mail:
Braaten Woods
7500 Rialto Boulevard
Building 1; Suite 250
Austin, TX 78735
By e-mail: [email protected]