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Website Terms of Use Agreement



YOUR AGREEMENT

Your use of this website is subject to the terms and conditions set forth below (the "Agreement"). By accessing this website, you acknowledge (a) that you read and accept this Agreement; (b) that this Agreement is a binding contract between you and Thomas S. Rose; and (c) that this Agreement may be modified from time to time in the sole discretion of Thomas S. Rose. By using or accessing this website, you accept the terms of this Agreement. You may not use or access this website if you do accept the terms of this Agreement.  If any provision of this Agreement is deemed unlawful, void, voidable, or unenforceable for any reason, then that provision will be deemed severable from this Agreement and it will not affect the validity or enforceability of any remaining provisions of this Agreement. This Agreement constitutes the entire agreement between you and Thomas S. Rose.  There are no other express or implied understandings or conditions with respect to your use of this website. You are encouraged to print a copy of this Agreement for your records, and you are also encouraged to periodically determine whether or not the Agreement has been amended. The contents of this website will change without notice.

WEBSITE FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY

The content of this website is for educational and informational purposes only, it is not legal advice.  Legal information is not legal advice.  This website is not intended to provide advice on any specific legal matter or factual situation. The content of this website is not intended to (a) constitute advertising, (b) solicit an attorney-client relationship, (c) serve as a source for legal advice, or (d) establish a practice standard for compulsory actions.  Please do not rely upon any information contained in this website for any purpose without seeking legal advice from a duly licensed attorney competent to practice law in your jurisdiction for your particular matter or problem.  Individual facts matter (in point, individual facts or circumstances may be profoundly pivotal), and may determine or influence which of several possible legal choices a competent attorney may choose when providing legal counsel after establishing a formal attorney-client relationship.  Although the content of this website is periodically modified to reflect changes in applicable law, the information on this website may not be the most current or the most complete description of existing law or emerging legal developments.

NO ATTORNEY-CLIENT RELATIONSHIP

The receipt and transmission of the information contained on this website and your access to this website do not create or form an attorney-client relationship. Transmitting e-mail or other forms of  communication to Thomas S. Rose will not create an attorney-client relationship or impose any obligation on Thomas S. Rose.  Prior to sending any confidential information to Thomas S. Rose, you must first enter into a written engagement agreement indicating that you have been accepted as a client of Thomas S. Rose. Prior to Thomas S. Rose accepting you as a client, any unsolicited information that you may send to him will not qualify for the attorney-client privilege and may be disclosed to other persons.

PRIVACY NOTICE TO CLIENTS AND FORMER CLIENTS

Pursuant to applicable laws and regulations, law firms that provide advice with respect to personal financial matters are required to inform its clients of the law firms policies with respect to the disclosure of non-public personal information. Thomas S. Rose occasionally collects non-public personal information from his clients directly. However, with a clients authorization, Thomas S. Rose may also occasionally collect this information from third-parties such as accountants, financial advisors, insurance agents, banking institutions, and other advisors. Thomas S. Rose does not disclose any non-public personal information of his clients or former clients to third-parties except as required by law or as authorized by the client or former client. Thomas S. Rose protects the non-public personal information of his clients and former clients by maintaining physical, electronic, and procedural safeguards that comply with his obligations under applicable Texas rules of legal ethics.

INTERNET SECURITY RISKS

Sending data via the Internet involves risks of unauthorized interception and unauthorized use of such data. Internet e-mail is not secure and you should not send sensitive or confidential Internet e-mail messages unless they are adequately encrypted.  Thomas S. Rose cannot warrant the security of data while in transit to or from this website, nor while data is stored upon the computer equipment of the host of this website. Although the host of this website may utilize appropriate security methods and strategies, it is possible that third-parties may devise techniques to circumvent those security methods and strategies. By using this website, you have assumed such risks.

LINKS TO OTHER WEBSITES

Third-party resources may be accessed by links through this website.  Such links are provided for your convenience only. Thomas S. Rose does not control those websites and, therefore, cannot accept responsibility for the content of those websites. Thomas S. Rose disclaims any responsibility for how confidential information or personally identifiable information may be collected, protected, used, or disclosed by the operators of those websites.  Thomas S. Rose does not necessarily recommend, endorse, or approve of the content of such websites.

The third-party resources identified on this website did not compensate Thomas S. Rose. Thomas S. Rose makes no warranties, explicit or implied, regarding the performance of these links, the performance or representations of these websites, or the contents of these websites. If you decide to access these third-party websites by the furnished links, you do so at your own risk.

NO PERSONALLY IDENTIFIABLE INFORMATION

Thomas S. Rose does not collect any personally identifiable information from you through this website other than information that you may voluntarily submit to him. Thomas S. Rose will not collect or share personally identifiable information with any third-party.

WEBSITE NOT FOR CHILDREN

This website is not directed at children under thirteen years old and it should not be utilized by any person not of legal age without parental or guardian oversight.  Thomas S. Rose and the host of this website do not knowingly collect personal information from children of any age.

AS IS CONTENT

THOMAS S. ROSE PROVIDES THE CONTENT OF THIS WEBSITE "AS IS" AND "WHERE IS." THOMAS S. ROSE DISCLAIMS ANY IMPLIED WARRANTY AS TO THE CONTENT OF THIS WEBSITE WITH RESPECT TO TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

NO TAX COUNSEL

Any information on this website which may relate or refer to tax matters is not tax advice, and it is not intended to be used, and it cannot be used, for the purpose of (a) avoiding penalties under the Internal Revenue Code or any amendment of the Internal Revenue Code; or (b) promoting, marketing, or recommending to another party any transaction or tax related matters.

TEXAS LAW GOVERNS DISPUTES; VENUE FOR DISPUTES

ANY DISPUTES REGARDING (A) YOUR ACCESS TO THIS WEBSITE; OR (B) YOUR USE OF THIS WEBSITE; OR (C) THE INFORMATION FURNISHED ON THIS WEBSITE, WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, EXCLUDING ITS CONFLICTS OF LAW PRINCIPLES. VENUE IN ANY SUCH DISPUTE WILL BE LOCATED EXCLUSIVELY IN HARRIS COUNTY, TEXAS, IN THE UNITED STATES OF AMERICA.

LIMITATION OF DAMAGES

You agree that Thomas S. Rose will not be liable for (a) consequential or punitive damages; or (b) the loss or damage to goodwill which may arise directly or indirectly out of your access or use of this website (whether such damages were made known to, or were foreseeable, by Thomas S. Rose).

MEDIATION, ARBITRATION

You agree that any claim or dispute arising from or related to this website or to this Agreement will be settled by biblically based mediation and, if necessary, legally binding arbitration in accordance with the Rules of Procedure for Christian Conciliation of the Institute for Christian Conciliation, a division of Peacemaker Ministries (a complete text of the Rules is available on their website).  You further agree that any such mediation or arbitration proceeding will only be conducted in Harris County, Texas in the United States of America.  Judgment upon an arbitration award may be entered in any court otherwise having jurisdiction. You understand that these methods will be the sole remedy for any controversy or claim arising out of or related to this website or to this Agreement, and you expressly waive your right, if any, to file a lawsuit in any civil court against Thomas S. Rose for such disputes, except to enforce an arbitration decision.

NO TEXAS BOARD OF LEGAL SPECIALIZATION CERTIFICATION

Thomas S. Rose is not certified by the Texas Board of Legal Specialization.  Thomas S. Rose is licensed to practice law in the state of Texas.

RESULTS

The results obtained depend on the facts of each matter, case, or dispute. Prior results do not guarantee a similar outcome, because every matter is different.  The information on this website should not be understood as an indication of future results.

NOTICE TO CLIENTS

The State Bar of Texas investigates and prosecutes professional misconduct committed by Texas attorneys.  Although not every complaint against or dispute with a lawyer involves professional misconduct, the Office of the General Counsel of the State Bar of Texas will provide you with information about how to file a complaint.  For more information, please call 1-800-932-1900, toll free.

COPYRIGHT NOTICE  

  2010 Thomas S. Rose, all rights reserved.

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