Terms of Use

Welcome to the Hickey Smith website (the “Site”). By accessing this Site, you agree to be bound by the terms and conditions below (the “Terms”). If you do not agree to all of the Terms, please do not use the Site. Hickey Smith may from time to time modify or revise the Terms by updating this Web page. Your use of our Site following any such change constitutes your agreement to follow and be bound by the Terms as changed. If any change is unacceptable to you, your only recourse is to terminate your use of the Site.

NOT LEGAL ADVICE
The information contained in the Site is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

No recipient of content from this Site, client or otherwise, should act or refrain from acting on the basis of any content included in the Site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient’s state. The content of this website contains general information and may not reflect current legal developments, verdicts or settlements. Hickey Smith expressly disclaims all liability in respect to actions taken or not taken based on any or all the contents of this Site.

By entering this Site you acknowledge and agree that any communication or material you transmit to this Site or Hickey Smith, in any manner and for any reason, will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, or other materials you transmit to Hickey Smith may be used by Hickey Smith, anywhere, anytime, and for any reason whatsoever.

You acknowledge and agree that no partnership or client/attorney relationship is formed and neither you nor Hickey Smith has the power or the authority to obligate or bind the other.

Statement in Compliance with the Texas Rules of Professional Conduct: Lawyers resident in all offices, unless otherwise indicated in an individual attorney biography, are not certified by the Texas Board of Legal Specialization.

ATTORNEY ADVERTISING: CASE RESULTS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE. ANY CASE RESULTS NOTED ON THESE PAGES DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE.

While we would like to hear from you, please do not send us any information about any matter that may involve you until you receive a written statement from us that we represent you (an engagement letter).

COPYRIGHT AND TRADEMARK NOTICE
This Site and its contents, including, but not limited to, text, photographs, graphics, illustrations, video, sound, and other material (all such content collectively referred to as “Content”) are protected under United States and international copyright laws and are the property of Hickey Smith or its third-party licensors. All rights reserved. All logos, splash screens, page headers, custom graphics, and button icons displayed on this Site are service marks, trademarks, and/or trade dress (collectively, “Marks”) of Hickey Smith or its third-party licensors. Except as specifically permitted herein, copying, distributing, transmitting, displaying, modifying, selling, or participating in the sale of, or otherwise exploiting or using any Content or any Marks in any form or by any means without the express written permission of Hickey Smith is prohibited and may violate the copyright or trademark laws of the United States and/or other countries.

The Site and its Contents are intended solely for personal, noncommercial use by the users of our Site. You may download or copy the Contents displayed on the Site for the sole purpose of using the Site as a personal resource, provided that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. No right, title, or interest in any downloaded materials is transferred to you as a result of any such downloading or copying.

You may only use this Site for lawful purposes and you may not disrupt, modify or interfere with this Site, including without limitation the Content herein, or any associated software, hardware or servers, or any use of this Site by third parties. You may only use this Site in compliance with all applicable local, state and federal laws. Any unauthorized use of Site and systems including but not limited to unauthorized entry into Hickey Smith’s systems, misuse of passwords, or misuse of any information posted to this Site, is strictly prohibited. Hickey Smith reserves the right to immediately restrict or limit your access and right to use this Site at any time and without notice.

You may not link any content or any internal page of this Site to any other website or Internet page without Hickey Smith’s prior and express written consent; any such consent granted by Hickey Smith may be revoked at any time without cause. Further, any link to any site that (i) violates any law or regulation; (ii) infringes the patent, copyright, trademark, trade secret or other intellectual property rights of others or violates any privacy, publicity or personal rights of others; or (iii) contains defamatory, obscene, threatening, abusive or hateful information or expressions, is expressly prohibited.

THIRD PARTY WEBSITES
Any connection between this Site and another third-party website or page on the Internet, whether connected by hyperlink or otherwise, is provided solely for informational purposes. Hickey Smith makes no warranties, either express or implied, concerning the content of any third party websites or Internet pages that may be linked to this Site, including without limitation warranties as to the accuracy, completeness, reliability or suitability thereof for any particular purpose, nor does Hickey Smith warrant that such site or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. Hickey Smith expressly disclaims any responsibility for the content of any other websites or Internet pages, including without limitation the opinions, ideas, products, information or services offered at such sites, and does not endorse such content.

PRIVACY
By accessing this Site, you acknowledge that Hickey Smith may disclose and transfer any information that you provide through this Site (i) to Hickey Smith’s partners, employees, clients, and agents; (ii) to any other person or entity with your consent; and (iii) to the extent permitted and/or required by law. Use of this Site may be monitored, tracked and recorded, and by accessing this Site, you expressly consent to such monitoring, tracking and recording. Hickey Smith does not guarantee that any personal information submitted will remain private. Hickey Smith does not promise you that there will be no errors transmitting information to and from this Website.

LIMITATION OF LIABILITY
THIS WEBSITE (INCLUDING WITHOUT LIMITATION ALL CONTENT HEREIN) IS PROVIDED “AS IS.” HICKEY SMITH MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND TO THE EXTENT PERMITTED BY LAW, EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR ANY PARTICULAR PURPOSE. FURTHER, HICKEY SMITH WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THIS WEBSITE, INCOMPATIBILITY BETWEEN THIS WEBSITE AND ITS CONTENT AND ANY BROWSER, SOFTWARE OR HARDWARE, OR ANY CAUSES OR EFFECTS BEYOND HICKEY SMITH’S CONTROL.

HICKEY SMITH SHALL NOT BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY OR INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OR INABILITY TO USE THIS WEBSITE OR ANY PORTION THEREOF, ANY TRANSMISSION OF A VIRUS, OR ANY TECHNICAL DEFECT WHATSOEVER, REGARDLESS OF WHETHER HICKEY SMITH HAS NOTICE OF SUCH DAMAGES, VIRUS OR DEFECT, OR THE POSSIBILITY THEREOF.

FURTHER, YOU AGREE TO WAIVE ANY CLAIMS YOU MAY HAVE AGAINST HICKEY SMITH FOR ANY DAMAGES THAT YOU MAY INCUR AS A RESULT OF USING THIS WEBSITE. HICKEY SMITH MAY, HOWEVER, MAKE CLAIMS AGAINST YOU FOR USE OF THIS WEBSITE THAT VIOLATES OUR POLICIES AS POSTED ON THIS WEBSITE INDEMNIFACTION YOU AGREE TO INDEMNIFY HICKEY SMITH FOR ANY CLAIMS BROUGHT AGAINST HICKEY SMITH FOR DAMAGES THAT RESULT FROM YOUR USE OF THIS WEBSITE OR VIOLATIONS OF OUR TERMS AND CONDITIONS AS POSTED BY HICKEY SMITH ON THIS WEBSITE.

GOVERNING LAW AND MISCELLANEOUS PROVISIONS
These Terms and Conditions, and the content of this Site, shall be governed by and interpreted in accordance with the laws of the State of California. Any disputes or controversies regarding these terms and conditions, and the content of this Site, shall be submitted to the United States District Court for the Central District of California or the Superior Court of the State of California. In the event that any of the terms and conditions set forth herein shall be held to be invalid or unenforceable, the remaining terms and conditions shall remain in full force and effect, such invalid or unenforceable terms or conditions notwithstanding. These Terms constitute the entire agreement between you and Hickey Smith regarding the use of the Site. By using the Site, you represent that you are capable of entering into a binding agreement. These Terms are effective unless and until terminated by Hickey Smith.

Any questions concerning the above Terms shall be directed to info@hickeysmith.com