TERMS AND CONDITIONS
The following terms and conditions control the use of the website eplaw.us and its associated email system (“website”), and the relationship between you, your successors, predecessors, assigns, agents, affiliates, employers, principals, and attorneys (“you”) and the website’s owner and operator (Ethan Preston and Preston Law Offices). You accept these terms through your continued use of this website. If you do not agree to these terms, you may not use the website. We may change these terms from time to time at our sole discretion.
Attorney Advertisement: THIS WEBSITE IS AN ATTORNEY ADVERTISEMENT. Ethan Preston is the attorney responsible for the content of this website. He is licensed to practice law in Texas and California, and does not maintain an active license to practice law in any other state at this time. We disclaim any intent to accept representation in any jurisdiction where this website or such representation would not comply with applicable laws and ethical rules. Where our representation of a client involves a proceeding in a state outside of Texas or California, we will affiliate or associate with an attorney licensed to practice in that state. The website does not solicit prospective clients where the representation would involve a proceeding outside Texas or California without associated with an attorney licensed there.
Nothing on the website shall constitute a guarantee, warranty, or prediction regarding the outcome of any legal matter for which we may be retained. Where the website indicates that we represent our clients on a contingency basis, this means that we seek payment of our fees, expenses, and costs from other parties but that if we are unable to secure payment from the other parties, we will not hold its clients liable for those fees, expenses, or costs absent cause by the client. We provide all relevant details on our policies on fees, expenses, and costs in a separate retainer letter that is provided to actual clients. Initial consultations are free, unless you and we agree otherwise. Preston Law Offices is not certified by the Texas Board of Legal Specialization.
To the extent the website references results obtained in our prior representations, those results depend on the facts of those prior cases, and do not guarantee similar results on different facts. Prior results do not guarantee a similar outcome.
No Attorney-Client Relationship: These terms and conditions expressly disclaim any attorney-client relationship between you and the website operator, unless and until you and we execute a written retainer agreement that sets out definite terms of representation (including the scope of that representation). No attorney-client relationship is created by your use of this website, or by any communication sent to us through the website. None of the content on this website (and specifically these terms and conditions) should be construed as creating or evidencing an agreement to an attorney-client relationship. No attorney-client relationship exists until and unless we and you execute a separate retainer agreement—a written document that distinct from this website. However, if you communicate with us in regards to a legal matter for which you seek representation, the attorney-client may still apply.
Some laws (such as statutes of limitation or statutes of repose) impose deadlines by which you must file a lawsuit or take some other action to preserve your legal claims. These laws may bar your legal claims if you do not take action to preserve your legal claims in a timely fashion. Unless and until there is a attorney-client relationship between we and you, you can and should seek and retain other attorneys if you intend to preserve any potential legal claims to avoid having those claims barred by such laws.
No Legal Advice: This website provides information of general interest to the public and is not intended to offer legal advice about specific legal question, and none of the content on this website should be construed as legal advice about any specific legal question. If any event, there are constant changes to the law, and the answers to legal questions necessarily depend on specific facts and circumstances. You must not act on or rely on any information on this website as legal advice. If you act on or rely on any information on this website as legal advice or opinion, you agree to hold us harmless and indemnify us for any liability that may result.
Limited License: You are granted a non-exclusive, non-transferable, revocable license to access and use the website for the purpose of obtaining or evaluating legal representation, consistent with the rest of these terms and conditions. It is strictly prohibited to use this website outside the scope of this license. We can terminate that license at our sole discretion. You agree to indemnify and hold us and anyone affiliated with us harmless from all damages, costs, liabilities, and any claim or demand from your violation of these terms or your use of the website.
Your Communications With Us: You agree to provide only true, accurate, and complete information in your communications to us. You may only use the website in good faith. You agree you will not provide information that you do not have a right to make available under any law or under contractual or fiduciary relationships (including proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), to threaten, abuse, harass, or infringe on intellectual property rights of any person or entity in your communications with us.
Unless circumstances dictate otherwise, we presume all information you provide to us through the website is for the purpose of obtaining or evaluating legal representation, and is therefore intended to be confidential (unless your communication expressly indicates otherwise). We may decide to respond to your communications with us via the website, in our sole and exclusive discretion. You agree and understand that we may contact you directly if we (in our sole discretion) decide to respond to your communications with us (unless your communication expressly indicates otherwise). You agree and understand that we may we may use your contact information to send you email about legal developments and potential claims you may have, which email may be attorney advertising, if you provide us with your email address.
We will take reasonable precautions to protect information collected from by or through the website (except to the extent you are not using the website for the bona fide purpose of obtaining or evaluating legal representation from us). However, we retain sole discretion to determine what constitutes a reasonable precaution, and we cannot guarantee that our efforts to protect the confidentiality of your communications will be successful. You acknowledge that there is an inherent risk of inadvertently disclosing information on the Internet.
You are not using the website for the bona fide purpose of obtaining or evaluating legal representation from us if you use the website to advertise to us. You agree to pay us liquidated damages of $1,000 (as well as reasonable attorneys’ fees and costs) for every instance you use the website’s contact form(s) to send email to us which advertises, offers for sale or lease, or promotes any goods, services, business opportunity, property, or any other article, commodity, or thing of value. You and we agree that actual damages are uncertain and would be difficult to ascertain, and that $1,000 is reasonable compensation for such breach of these terms and conditions. You agree we shall retain any and all claims or rights of action that may arise from such email, notwithstanding any action we may undertake to investigate any such claim or right of action (including transfer of funds to identify a financial account related to such email), and that this paragraph shall prevail over any other subsequent agreement if you use the website’s contact form(s) to send email to us to advertise to us. You agree any claim which arises from this paragraph shall be exclusively litigated in the state and/or federal courts sitting in Dallas, Texas.
Modification of the Website: We may (in our sole and exclusive discretion) modify, suspend, or discontinue all or part of the website, without notice to you by posting the changes to the website. You agree that we have no liability under these terms and conditions if we modify the website, if any information you submitted to this website is deleted, destroyed, or lost, or if the website is suspended or discontinued.
Disclaimer of Warranty: We make no representation that the content on this website is accurate, complete, error-free, or free of malicious code. The website may link to third party websites; we make no representation or warranty with respect to any third party website linked to by this website, and such links must be accessed at your own risk. To the extent permitted by law, we disclaim any warranty of any kind (including any express warranty or implied warranties of merchantability or for fitness for a particular use) related to or arising from 1) your use of the the website, 2) the transmission, operation, storage, or maintenance of any content contained on the website or submitted to the website, and/or 3) the accuracy or completeness of the website’s content. If applicable law does not permit the exclusion of certain warranties or certain liabilities, this limitation may not apply to you.
Indemnification: You agree to indemnify and hold us harmless for any claim related to 1) your use of the the website, 2) the operation, storage or maintenance of any content contained on the website, and/or 3) the accuracy or completeness of the website’s content. You agree that the website operator will not be liable with respect to these terms and conditions, this website, any content or service on this website, for any direct, indirect, special, incidental, consequential, reliance, punitive, or exemplary damages, even if we were informed of the likelihood of the same. These terms and conditions are governed by the law of Texas, without regard to its rules of conflict of laws. You and the website operator agree to litigate any dispute in the state and federal courts which are found in Dallas, Texas. You and the website operator agree to waive any right to a trial by jury in any case or controversy arising from or relating to these terms and conditions.
California Privacy Rights: A business subject to California Civil Code section 1798.83 is required to disclose to its California customers, upon request, the identity of any third parties to whom the business has disclosed personal information within the previous calendar year, along with the type of personal information disclosed, for the third parties’ direct marketing purposes.
If you are a California resident and would like to make such a request, please submit your request in writing to websiteprivacy@eplaw.us.