Terms of Use

1) Consent to Our Terms of Use

Your use of our website signifies that you agree to our Terms of Use. This Terms of Use agreement may change at any time. The latest version of the Terms of Use will be posted on this website, and notice of changes to the agreement will be noted. Your continued use of the website after notice of change to the Terms of Use constitutes acceptances of the change(s).

2) Prohibited Use

You must be at least 18 years of age to use this website. This website is for informational purposes only. You may not use this website to violate the personal or intellectual property rights of others.

3) Warranties and Limitations on Liability

We provide the website “as is” without any express or implied warranties including, but not limited to, merchant ability, fitness for a particular purpose, and non-infringement. Klemchuk LLP is not liable for any damages or injury caused by, but not limited to, any failure of performance, error, omission, defect, interruption in service, delay in transmission of, computer virus, or any similar loss. To the maximum extent permitted by law, we disclaim all warranties of any kind. We do not warrant that the information provided will meet any requirements or needs you may have, or that any defects or errors will be corrected in a timely fashion, nor that the information provided on the website is 100% accurate.

Klemchuk LLP does not assume nor authorize any other person to assume for it any other liability in connection with the use of the website. We are not responsible for the actions, content, information, or data of third parties. You release us, our officers, employees, and agents from any claims and damages, unknown and known, arising out of or in any way connected with any claim you have against such parties related to use of the website or its content. We are not liable to you or any third party for any lost profits, revenue, incidental or consequential (including, without limitation, special, indirect, punitive, or exemplary damages) arising out of the ability or inability to use our website even if there has been negligence on the part of Klemchuk LLP or we have been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or waiver of limitation of liability. In such cases, these do not apply to you, and Klemchuk LLP claims protection under the fullest extent of the law.

4) Indemnity

You agree to defend, indemnify, and hold Klemchuk LLP harmless as well as our officers, employees, and agents against any and all third-party claims, suits, costs, losses, liabilities, and expenses of any kind (including reasonable attorney’s fees) that may incur, arise out of, or result from your use of our website or from your breach of this agreement as well as our Privacy Policy and Disclaimers.

5) Notices

Any communications or notices from you to us must be in writing, in English, and sent to the address below:

Darin M. Klemchuk
Klemchuk LLP
8150 N. Central Expressway, 10th Floor
Dallas, TX 75206

6) Entire Agreement

This agreement constitutes the entire agreement between you and us regarding the use of this website. If any provision of this agreement is held invalid, the remainder of this agreement will continue in full force and effect. Our failure to exercise or enforce any right or provision of this agreement does not constitute a waiver of any rights or provisions. No agency, partnership, joint venture or employment is created as a result of this agreement and you may not make any representations or bind us in any manner.

7) Governing Law

This agreement will be construed and governed in accordance with the laws of the State of Texas without application of choice-of-law provisions that would require application of the laws of another jurisdiction. By using our website, all parties irrevocably submit themselves to the exclusive venue and personal jurisdiction of the state and federal courts in Dallas County, Texas with regard to any dispute relating to use of this website, this agreement, or its enforcement. The parties also hereby waive any challenges to venue and personal jurisdiction they may have to a lawsuit filed in a state or federal county in Dallas County, Texas, that relates to a dispute between the parties regarding use of the website, this agreement, or its enforcement.

8) Intellectual Property

Any trademarks or copyrights used on this website are the property of their respective owners, and Klemchuk LLP disclaims any use of them. All rights are reserved.

Prepared by Klemchuk LLP, internet attorneys