Terms and Conditions
Effective Date: November 1, 2022
This website is owned and operated by Kraus Law PLLC (the “Firm”, “us”, or “we”). Before you access or use the Site, please read these terms of service (the “Terms”) fully and carefully, as they constitute a binding contract between you and the Firm with respect to your access and use of the Site. By accessing or using the Site, you acknowledge that you have read these Terms and that you agree that these Terms will constitute the entire agreement between you and the Firm with respect to:
your access and use of the Site and any of its features; any information or content, such as articles, blog posts, forms, templates, documents, or other materials (collectively, “Content”) any and all communications or submissions of information or materials made by you to the Firm through the Site or otherwise (unless you are expressly informed otherwise by us).
Notwithstanding the above, if you have entered into an attorney-client relationship with the Firm pursuant to an executed engagement letter, the terms of that engagement letter will govern in the event of a conflict with these Terms. We may amend these Terms at any time in our sole discretion, with or without notice to you. The latest version of the Terms will always be posted on this page. When we amend these Terms, we will update the Effective Date at the top of this page. Any such amendments to these Terms will be effective as of the updated Effective Date. By accessing or using the Site on or after the updated Effective Date, you indicate to us that you accept and agree to the amended Terms.
1. Legal Notices.
1.1. No Legal Advice or Opinion.
The Site and the Content (including without limitation Content discussing legal issues or developments in the law) are made available for general informational purposes only and are not intended to constitute legal advice or a legal opinion or in any way to substitute for specific advice from legal counsel. Because the applicability of any Content is heavily dependent on the specific facts and context, and because the law is constantly changing, we do not guarantee or warrant that any Content is accurate or comprehensive. We are under no obligation to keep the Content up-to-date. Please do not use the Content as the basis for any decision and you should not act or refrain from acting based on any Content without first consulting a qualified professional in the applicable law or subject matter. You agree that your use of the Site and the Content is entirely at your own risk.
1.2. No Attorney-Client Relationship.
You agree that your access and use of the Site, including the submission of information to us through the Site, does not create an attorney-client relationship between you and the Firm. We enter into attorney-client relationships with our clients only pursuant to certain policies and procedures unrelated to the Site, including the execution of an engagement letter, a screen for conflicts of interest, and other Firm policies or rules of the Bar Associations in the states in which we maintain offices. If you wish to inquire about our legal services and how you might become a client of the Firm, please contact us at hello@kraus.law.
1.3. No Confidentiality.
Unless you are an existing client of the Firm, you agree that any communications you initiate with us (including without limitation any attorneys or employees affiliated with the Firm) through the Site (or otherwise, such as through email, telephone, voicemail, text message, direct message, or any other communication) will not be treated as confidential unless explicitly and specifically indicated otherwise. Unless you are an existing client of the Firm, you should not communicate any information that is confidential, proprietary, or otherwise sensitive, and we make no guarantees or warranties with respect to the security, confidentiality, use, disclosure, or return of any information we receive.
1.4. Attorney Advertising.
The Site may be considered attorney advertising or solicitation in your state.
1.5. No Guaranteed Outcomes.
The Content may contain descriptions of prior matters or testimonials from current or former clients. Any descriptions or testimonials on the Site are not intended to, and do not, guarantee future successful outcomes, and do not imply our continued or current representation of any clients identified.
1.6. Authorized Jurisdictions.
Our attorneys are not authorized to practice law in any jurisdiction for which they have not gained admission or for which the rules of the Bar Associations in the states in which we maintain offices do not provide applicable exceptions for attorneys pending admission.
2. Information and Data Privacy.
You acknowledge and agree that any information or data submitted by you or collected by us in connection with your access or use of the Site will be subject to our Website Privacy Policy, and you hereby consent to the collection, use, and disclosure practices described therein. If you are an existing client of the Firm, additional privacy, data security, and data use terms may apply pursuant to additional agreements between you and the Firm. If you have any questions about our information and data practices, please contact us at hello@kraus.law.
3. Limited License.
Subject to these Terms, we grant you a limited, nonexclusive, revocable, personal license to access and use the Site and to view, reproduce and distribute the Content solely for noncommercial and informational purposes, only in unmodified form, and only with attribution to the Firm and without removing or obscuring any attributive, copyright, or permission notices provided on or contained within the Content. We reserve the right in our sole discretion to modify or delete any Content for any reason or no reason. Though you may link to any publicly available page on the Site and share the Content pursuant to this limited license, you agree to immediately remove any link or take down any shared Content upon request from the Firm.
4. Prohibited Uses.
As a condition of accessing and using the Site, you agree not to use the Site or any Content for any purpose that is prohibited by these Terms, and further agree not to use the Site in any manner that (a) violates any applicable law, rule, regulation, contract to which you are bound, or government or judicial order; (b) infringes the intellectual property or privacy rights of the Firm or others; (c) constitutes the unauthorized transmission of unsolicited commercial electronic mail; (d) involves the transmission of defamatory or libelous materials; (e) violates, attempts to violate, or knowingly facilitates the violation of the system security of the Site, or otherwise interferes with or attempts to interfere with the normal operations of the Site; (f) involves software viruses or any other malicious computer codes, files, or programs; (g) impersonates any person or entity, including anyone affiliated with Scale; (h) constitutes fraud; (i) bypasses, circumvents or attempts to bypass or circumvent any measures used by us to prevent or restrict access to the Site (including without limitation by use of passwords associated with accounts that do not belong to you, whether or not authorized by the applicable accountholder); (j) harvests or scrapes any information from the Site; or (k) otherwise violates these Terms. You are responsible for all of your activity in connection with your access and use of the Site.
5. Links to Third Party Sites.
The Site may include links to third party sites or otherwise present information or material from third party sites. Such third party sites are not subject to these Terms or our Website Privacy Policy, and we assume no liability with respect to any third party sites. Please review the terms and conditions and privacy policies applicable to those third party sites.
6. Unauthorized or Accidental Access of Information.
In the event you gain access to any information not intended to be accessed by you, you agree that you will immediately notify us at hello@kraus.law and lawfully destroy all copies of such information in your possession.
7. Disclaimer of Warranties.
The Site and the Content are provided “as is.” To the maximum extent permitted by law and the applicable rules of professional responsibility of the Bar Associations in the states in which we have offices, we disclaim all warranties (express, implied, statutory and otherwise), including any warranties of merchantability, fitness for a particular purpose, accuracy of information, timeliness of information, non-infringement, and uninterrupted or error free operation. Your access to and use of the Site and Content is at your own risk.
8. Limitation of Liability.
To the maximum extent permitted by law and the applicable rules of the Bar Associations in the states in which we have offices, in no event will the Firm or its agents, partners, employees, vendors, or licensors be liable for any consequential, special, exemplary, or punitive damages (including without limitation damages for loss of data, revenue, or profits), foreseeable or not, arising out of your access or use of the Site or the Content, based on any claim whatsoever, and even if advised that such damages were possible. The maximum, aggregate liability of the Firm to you arising out of or related to the Site or the Content will not exceed $1,000.00, which amount will be in lieu of all other remedies which you may have against the Firm and the aforementioned persons. The above limitations may not apply to you to the extent prohibited by law or under the applicable rules of professional responsibility of the Bar Associations in the states in which we have offices.
9. Miscellaneous.
You agree that any dispute arising out of or in connection with the Site, the Content, or these Terms will be governed by the laws of the State of Texas without regard to conflict of laws principles, and that you submit to the exclusive jurisdiction and venue of the state and federal courts located in Hood County, Texas. The failure of the Firm or you to exercise any right provided for herein will not be deemed a waiver of that or any further rights hereunder. We reserve the right to update these Terms at any time in a manner consistent with the rules of the Bar Associations in the states in which we have offices by posting the updated Terms on this page. Your continued access and use of the Site following the posting of the updated Terms will indicate to us that you have read and agreed to the updated Terms.
Questions?
Please contact us at hello@kraus.law.