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NOTICES AND DISCLAIMER
NOTICES AND DISCLAIMER
The law
firm of Stevenson and Ricker and legalformsfortexas.com provide legal
information and forms for sale based on the terms and conditions stated herein.
A binding
legal agreement is established by the use of this website, and any and all
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the express terms of this agreement. By using this website, and by clicking the
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and disclaimers contained herein.
If you do
not agree with all of the terms, conditions, and limitations on the use of this
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instructed to exit this website.
This
website offers legal forms, information about the legal forms, and topics in a
general manner, which we hope will be of use to you.
No
attorney client relationship established:
The
information contained in the forms that are provided in this website constitutes
general information on common legal matters, and is not equal to legal advice,
nor does it establish an attorney client relationship between the purchaser
and/or user and the principals of this website.
Likewise,
the purchase of legal forms on this website does not form an attorney-client
relationship, and no such relationship shall be established, unless the
purchaser and/or user of these legal forms enters into a formal attorney-client
relationship by the signing of an attorney-client agreement with the law firm of
Stevenson and Ricker. The sale of forms without legal consultation is akin to a
publishing service, similar to the purchase of books offering general legal
advice and forms that you can purchase on disks available at office and supply
or computer stores. By using this website you are representing yourself in any
and all legal matters that you undertake.
Every
person who uses this website may have different goals, needs, and requirements;
therefore, it is impossible to address every situation with general information
and general forms. The practice of law involves, in part, obtaining information
from an individual or family and structuring a document that fits their
individual needs and circumstances.
While we
recognize that many legal documents are simple, and some of the language
contained therein is designed to fit many situations, your actual needs may
require an experienced attorney to conduct a specific review and analysis of
your individual situation and then custom draft a legal document tailored to
your needs.
Many
legal documents contain “boilerplate”. Legal “boilerplate” is commonly referred
to as words or phrases designed to accomplish a specific purpose and are found
in many legal documents. Standard legal “boilerplate” may or may not fit your
circumstances. There may be alternative clauses that better fit your
situation. It is beyond the scope of this website, and the forms contained
herein, to address every specific need. It is for this reason you should consult
an attorney of your choice to review any documents or information that you've
obtained on this website to see, if in fact, the information or advice in the
form fits your particular situation and needs.
This
website is not a substitute for actual legal advice from an attorney licensed to
practice law in Texas. We believe that we have given you useful and accurate
information; however, that does not convey the same benefit as personalized
legal, financial, tax advice, review, and work. If you need help understanding
how the law applies to your particular circumstances or assistance in deciding
what document would be best for you in your situation, you should contact a
qualified attorney, tax advisor, financial advisor, or other professional.
The forms in this website are not a substitute for the
advice of an experienced and licensed attorney. Negotiating and or drafting
legal documents, tax documents, or financial documents yourself may save you
money on professional fees; however, it may also expose you to risks that you
undertake by failing to obtain individual personalized legal, tax, or financial
advice. The facts of your own personal situation, along with your state’s
specific laws and changes in the law that may have occurred after the
development of the forms contained on this website make it advisable to consult
an attorney, tax professional, or financial advisor before finalizing any
transaction, including the completion of legal documents.
The information contained in this website is intended for
general information, which may or may not be appropriate for all circumstances.
The website cannot determine which forms are best for your individual
situation. Furthermore, all forms have choices and clauses which may or may not
be appropriate for your individual situation. Many paragraphs contain what is
considered to be legal “boilerplate” and may have unintended consequences,
depending on your situation. You must use your own judgment, skill, and
expertise to determine to the extent assistance of a lawyer or other
professional advisor may be needed. If your estate is expected to be larger
than the federal or state tax exemption equivalent, then you should consider
obtaining a more complex estate planning document and you should consider
seeking estate planning counsel.
The law
contains general principles with many exceptions and distinguishing features.
The law is also in a constant state of flux or change. Documents written today
may be obsolete tomorrow. The user is therefore advised to have any
information, forms, or documents obtained from this website, or any other forms
from any other website, checked to make sure that there have been no changes
which may adversely affect the document that you have chosen. This is one of the
reasons why you should contact an attorney to review your legal matter.
Most of
the forms and advise on this website is intended for “uncontested” matters. If
you are representing yourself and the other side is represented by an attorney,
you should consider obtaining your own attorney rather than handling the matter
yourself. Ignorance of the law or procedures may not work to your advantage and
generally is not a sufficient excuse to overturn an adverse decision, ruling or
result.
If you
purchase any of the documents for sale on this website, please be advised that
you are entitled to use those documents for your own personal use. No transfer
of title is granted, intended, or implied by the purchase of documents contained
in this website. All documents, comments, and other information on this website
are copyrighted, and the users are granted a limited license for his or her own
personal use. This means that you are not entitled to distribute, sale, or
transfer the documents to a person outside of your immediate household. You may
not remove any copyright notice or terms of the license from the documents on
this website. Likewise, you may not use any of the documents or information on
this website for any commercial purpose or gain whatsoever. You are prohibited
from modifying, copying, distributing, transmitting, displaying, reproducing,
publishing, or creating any type of derivative works from the information,
forms, or content of this website.
Since
legal forms change frequently, it is recommended that you obtain a new form
every time you have need of a legal matter rather than reuse any documents that
may have been purchased previously on this website. This should help make sure
that you are getting the most current form because it is possible that a prior
one may have been updated or replaced since the last time you used this service.
The user
agrees to proof read any documents purchased herein for completeness, grammar,
spelling and consistency. Furthermore the user agrees to check and verify all
of the data placed into the form including all names, addresses, and other
document specific information.
The user
acknowledges and agrees that the user assumes the risk of choosing not to use an
attorney and that the user agrees to suffer any consequences that may occur as
the result of using the information or forms contained on this website.
Limitation of warranties
Please
read the following important notice which are in capital letters because it
affects your rights.
ANY USE OF
THE INFORMATION, FORMS OR MATERIAL ON THIS WEBSITE IS SUBJECT TO THE TERMS AND
CONDITIONS STATED IN THIS DISCLAIMER.
WHILE
REASONABLE AND ORDINARY CARE HAS BEEN GIVEN IN THE PREPARATION OF THE
INFORMATION, FORMS, AND DOCUMENTS CONTAINED ON THIS WEBSITE, WE CANNOT AND DO
NOT REPRESENT OR WARRANT THAT THE SAME ARE FREE FROM ERRORS, DEFECTS, OMISSIONS
OR WILL MEET ANY SPECIFIC PURPOSE. THE FORMS MAY NOT FIT YOUR UNIQUE
CIRCUMSTANCES, AND MAY NOT BE SUITABLE FOR YOU IN THE EVENT A DISPUTE ARISES
REGARDING THE USE OF THESE DOCUMENTS. LIKEWISE, YOU MAY HAVE TO OBTAIN
ADDITIONAL FORMS OR INFORMATION TO COMPLETE A LEGAL MATTER THAT YOU ARE
UNDERTAKING. EACH LOCALITY MAY HAVE ADDITIONAL OR DIFFERENT FORMS WHICH MUST BE
USED TO COMPLETE A LEGAL MATTER.
ACCORDINGLY, LEGALFORMSFORTEXAS.COM AND THE LAW FIRM OF STEVENSON AND RICKER
DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND INCLUDING BUT
NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
OR WARRANTY OF NON INFRINGEMENT OF COPYRIGHTED MATERIAL, CONCERNING THE USE OF
THE INFORMATION, FORMS, OR CONTENT ON THIS WEBSITE.
ANY
PERSON WHO OBTAINS ANY INFORMATION OR FORMS ON THIS SITE TAKES THE FORMS “AS IS”
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STEVENSON AND RICKER ARE NOT RESPONSIBLE FOR ERRORS OR OMISSIONS IN THE CONTENT
OF OUR SITE OR ANY OTHER RELATED OR LINKED WEBSITES, OR FROM SUCH WEBSITES BEING
DOWN OR NOT AVAILABLE WHEN NEEDED.
LIKEWISE,
THE OWNERS OF THIS WEBSITE TAKE NO RESPONSIBILITY FOR ANY LOSS, DAMAGE, INJURY
OR ADVERSE CONSEQUENCES WHICH MAY OCCUR AS A RESULT OF USING THE INFORMATION
CONTAINED IN THIS WEBSITE, INCLUDING THE FORMS.
FURTHERMORE, LEGALFORMSFORTEXAS.COM AND THE LAW FIRM OF STEVENSON AND RICKER
TAKE NO RESPONSIBILITY FOR ANY CHANGES, ALTERATIONS, OR MODIFICATIONS THAT MAY
BE MADE TO ANY OF THE FORMS WHICH HAVE BEEN DOWNLOADED OR PURCHASED FROM THIS
WEBSITE.
THE USER
IS ADMONISHED TO CONSULT A LAWYER WHEN MAKING ANY CHANGES OR MODIFICATIONS TO
ANY LEGAL FORMS PURCHASED ON THIS WEBSITE, SINCE ANY CHANGE MAY SIGNIFICANTLY
AFFECT THE VALIDITY OF THE FORM PURCHASED OR DOWNLOADED FROM THIS WEBSITE.
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EVENT SHALL LEGALFORMSFORTEXAS.COM OR THE LAW FIRM OF STEVENSON AND RICKER, ITS
OFFICERS, DIRECTORS, ATTORNEYS, STAFF, PRINCIPALS, OR AGENTS BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT
NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF INFORMATION, PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES, BUSINESS INTERRUPTION OR ANY OTHER TYPE OF CLAIM,
INJURY OR DAMAGES, ARISING OUT OF OR IN ANYWAY CONNECTED WITH THE USE OF THE
INFORMATION, FORMS, DOCUMENTS OR DATA/INFORMATION THAT IS OBTAINED FROM THIS
WEBSITE, INCLUDING BUT NOT LIMITED TO ANY TELEPHONE SUPPORT SERVICE, WHETHER THE
SAME IS BASED IN CONTRACT, STRICT LIABILITY, COMMON-LAW, TORT OR OTHERWISE EVEN
IF THE OWNERS OR OPERATORS OF THIS WEBSITE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
THE USER
EXPRESSLY AGREES THAT THE SOLE DAMAGE THAT HE OR SHE MAY BE ENTITLED TO, IN THE
EVENT OF A DEFECT, ERROR, MISTAKE, OR INAPPROPRIATE FORM, WILL BE THE RETURN AND
REFUND OF THE MONIES PAID FOR THE PURCHASE OF SAID LEGAL ADVICE, FORM, OR OTHER
CONTENT ON THIS WEBSITE.
Privacy
policy
Your
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with third parties without your approval. As a user of this website, you may
receive offers from products supplied by affiliated parties or ourselves. If
you do not wish to receive such offers, you may opt out by checking the box
which allows your information not to be disseminated to third parties.
We may
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our services and products and in so doing “cookies” may be used in conjunction
with this use or our advertisers may use such “cookies”. Likewise our merchant
services/credit card processing processors may collect information from you in
order to be able to process your payments.
Copyright and trademark notices
All
contents, forms, advice, and information contained in this website are subject
to a legal copyright by S. Lee Stevenson Jr., Attorney At Law P.C. 2000, 2001,
2002, 2003, 2004, 2005, 2006, 2007.
No part of
this website may be reproduced, disseminated or transferred in any form, whether
electronically or otherwise, without the prior express written approval of the
law firm of Stevenson and Ricker and legalformsfortexas.com, other than the
forms which you have purchased for a one time, personal use, subject to the
restrictions contained herein. Any rights not expressly granted herein are
reserved.
Some of
the information or forms may be available from other sources including public
domain or government forms. No claim or license is made to public domain or
government forms or information in the public domain.
Refunds
If you are
not satisfied with a legal document purchased from this website, then a refund
may be provided to you if the request is made no later than 5 days from the date
that the form was purchased. In the event that a user of this website
frequently obtains documents from the website and then seeks a refund, the
owners and operators of this website reserve the right to refuse refunds to any
firm or person it considers abusing the privileges granted herein.
General
terms and conditions
Amendment Or Modification
This Agreement represents the
entire agreement by and between the parties except as otherwise provided in this
Agreement. It may not be changed except by written agreement duly executed by
all of the parties.
Choice of law and venue
The terms
and conditions for the use of this website are governed by the laws of the State
of Texas and venue shall be in Bexar County Texas. You hereby consent to the
exclusive jurisdiction of the courts in the State of Texas, and all disputes
arising out of or relating to this website are subject to arbitration.
If any
part of this agreement is determined to be invalid or unenforceable pursuant to
any applicable law, then the unenforceable provision will be deemed to be
superseded by a valid and enforceable provision that most closely matches the
intent of the original provision, and the remainder of this agreement shall
continue in old force and effect.
Terms and
conditions of the use of this agreement supersede all prior communications and
proposals and constitute the entire agreement between the user and the owners
and operators of this website.
Disputes
In the event that a dispute
occurs applicable to the operation, construction, interpretation, or enforcement
of this Agreement, the parties hereby agree to submit the dispute to a
commercial arbitrator so that the matter may be arbitrated in lieu of resolving
the dispute in a court of law or equity.
The parties shall choose an
arbitrator from the American Arbitration Association pursuant to the following
process: The parties shall request from the American Arbitration Association a
list of nine commercial arbitrators. Each party, assuming there are two parties
to the Agreement, shall have four strikes, and thereby strike from the list the
arbitrators they do not wish to use. The remaining arbitrator, the one that has
not been stricken, will be the arbitrator to hear the matter.
The parties agree to follow the
American Arbitration Association rules, guidelines and procedures. The
Arbitrator shall not base his or her ruling on more stringent rules of civil
procedure or evidence which may be contained in any state or federal law, code
or regulation including but not limited to the Federal or any State's rules of
civil procedure or evidence.
The Arbitrator shall set the
matter for hearing and hear the case; no summary judgment or dismissal shall be
allowed.
The parties shall abide by the
Arbitrator's decision, which shall be final and binding. The Arbitrator shall
be required to give reasons to support the decision. The losing party agrees to
reimburse the prevailing party for any and all attorney's fees and costs of
arbitration incurred.
The parties agree that there
shall be no right to appeal the Arbitrator's decision.
In the event the prevailing party
is required to file a lawsuit to enforce this Agreement or the arbitrator's
decision, then the losing party agrees to pay any and all attorney's fees that
the prevailing party may incur in order to require the other party’s compliance
with the arbitrator's or court’s decision.
No Waiver
The failure or delay by
Stevenson and Ricker or legalformsfortexas.com in the
enforcement of the rights detailed in this Agreement shall not constitute a
waiver of such rights nor shall it be considered as a basis for estoppel either
at equity or at law.
Parol Evidence, Status Of
Agreement And Prior Understandings
This
Agreement and the exhibits attached hereto and incorporated herein, if any,
contain the entire Agreement of the parties and there are no representations,
inducements, promises, agreements, arrangements or undertakings, oral or
written, between the parties to this Agreement other than those set forth herein
and duly executed in writing. No agreement of any kind shall be binding upon
either party unless and until the same has been made in writing and duly
executed by both parties.
All
previous agreements, contracts, oral understandings, representations,
arrangements, or undertakings of any kind relative to the matters contained in
this Agreement are hereby superseded and canceled and all claims and demands not
contained in this agreement are deemed fully completed and satisfied.
Parties Bound Clause
This
Agreement shall be binding upon and inure to the benefit of the parties, their
respective heirs, executors, administrators, legal representatives, successors
and assigns.
The
parties to this Agreement expressly agree that in the event a party seeks to or
does transfer part or all of its assets to a separate entity, not a party to
this Agreement, the party shall be liable under this Agreement as if the
transfer had not occurred.
Representations
No
representations, promises, guarantees or warranties were made to induce either
party to execute this Agreement other than those stated in the Agreement.
Severability
If any
provision of this Agreement is for any reason held violative of any applicable
law, governmental rule or regulation, or if the provision is held to be
unenforceable or unconscionable, then the invalidity of that specific provision
shall not be held to invalidate the remaining provisions of this Agreement. All
other provisions and the entirety of this Agreement shall remain in full force
and effect unless the removal of the invalid provision destroys the legitimate
purposes of this Agreement, in which event this Agreement shall be canceled and
terminated.
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