SITE TERMS OF USE

These Terms of Use (“Terms”) govern your access to and use of the website located at https://selmanmunson.com/ (the “Site”). The Site is owned and operated by Selman Munson & Lerner P.C. (“SML,” “we,” “us,” or “our”).

By accessing or using the Site, you agree to these Terms. If you do not agree to these Terms, do not access or use the Site. If you access or use the Site on behalf of a company or other entity, you represent that you have authority to bind that company or entity to these Terms, and “you” and “your” will refer to both you and that company or entity.

1. WEBSITE CONTENT; NO LEGAL ADVICE

The Site provides general information about SML, its attorneys, legal services, experience, representative matters, publications, resources, media appearances, contact information, and related matters. The Site is for general informational purposes only.

Nothing on the Site constitutes legal advice, a legal opinion, a recommendation regarding any legal matter, or a substitute for obtaining advice from qualified legal counsel regarding your specific facts and circumstances. You should not act or refrain from acting based on any information on the Site without first seeking legal advice from counsel licensed in the appropriate jurisdiction and familiar with your particular situation.

Information on the Site may not reflect the most current legal developments. Legal principles, statutes, regulations, rules, agency guidance, court decisions, market practices, and other matters may change over time and may vary depending on jurisdiction, facts, and circumstances. SML does not undertake any obligation to update Site content or to ensure that Site content remains current, complete, or accurate.

1. NO ATTORNEY-CLIENT RELATIONSHIP

By itself, your access to or use of the Site, your review of Site content, your submission of information through the Site, or your communication with SML through contact forms, email links, telephone numbers, or other Site features does not create an attorney-client relationship between you and SML or any SML attorney.

An attorney-client relationship with SML is formed only if expressly agreed in writing by SML. Unless and until SML expressly agrees in writing to represent you, you should not assume that SML represents you or that any communication with SML through the Site establishes an attorney-client relationship.

1. NO OFFER OR COMMITMENT TO PROVIDE LEGAL SERVICES

Nothing on the Site constitutes an offer, agreement, or commitment by SML to provide legal services to any person or entity. SML may decline any representation for any reason, including conflicts of interest, jurisdictional limitations, workload, strategic considerations, nonpayment, or any other reason.

No description of SML’s practice areas, attorney experience, representative matters, publications, resources, media content, or other Site content guarantees that SML will provide any particular legal service, undertake any particular representation, achieve any particular result, or be available for any matter.

1. ATTORNEY ADVERTISING; PRIOR RESULTS

The Site may constitute attorney advertising under applicable rules of professional conduct. Any descriptions of SML’s experience, representative matters, deal history, client matters, transactions, outcomes, publications, or other professional activities are provided for general informational purposes only. Prior results do not guarantee, predict, or warrant a similar outcome in any future matter. Each legal matter depends on its own facts, documents, parties, law, timing, procedural posture, forum, decision-makers, and other circumstances.

1. ACCURACY, AVAILABILITY, AND CHANGES TO SITE CONTENT

SML uses reasonable efforts to provide general information on the Site, but SML does not warrant that Site content is accurate, complete, current, or error-free. Site content may contain typographical errors, outdated information, omissions, or inaccuracies. SML may add, change, suspend, remove, or discontinue any Site content or Site feature at any time without notice or liability.

1. USE OF THE SITE

Subject to your compliance with these Terms, SML grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Site for your own lawful informational purposes. This license does not transfer any ownership rights to you.

You may not:

(a) copy, reproduce, distribute, display, publish, sell, license, modify, create derivative works from, or commercially exploit any Site content except as expressly permitted by SML in writing;

(b) use the Site or Site content for any unlawful, fraudulent, misleading, harmful, harassing, defamatory, abusive, or otherwise objectionable purpose;

(c) interfere with or disrupt the Site or any server, network, system, or security feature connected to the Site;

(d) introduce viruses, malware, harmful code, or other destructive or disruptive materials;

(e) attempt to gain unauthorized access to the Site or any related system, account, server, database, or network;

(f) use robots, spiders, scrapers, crawlers, data mining tools, automated queries, automated extraction tools, or similar technologies to access, copy, index, scrape, collect, harvest, monitor, or extract Site content or data without SML’s prior written consent;

(g) use Site content to train, fine-tune, test, validate, develop, or improve any artificial intelligence system, machine learning model, large language model, generative AI system, automated legal tool, data set, knowledge base, or similar technology without SML’s prior written consent;

(h) use Site content to create, market, improve, or provide competing legal services, legal forms, legal templates, legal technology products, legal information services, or other commercial products or services without SML’s prior written consent;

(i) remove, obscure, or alter any copyright, trademark, proprietary, attribution, or other notices on the Site;

(j) impersonate any person or entity or misrepresent your affiliation with any person or entity;

(k) use the Site or Site content in a manner that infringes, misappropriates, or violates any intellectual property, privacy, publicity, contract, professional-responsibility, or other rights of any person or entity; or

(l) assist, encourage, or enable any person or entity to do any of the foregoing.

1. INTELLECTUAL PROPERTY

The Site and all content on the Site, including text, graphics, photographs, videos, images, designs, illustrations, icons, logos, trademarks, service marks, trade names, page headers, button icons, scripts, data, software, publications, articles, forms, resources, attorney biographies, practice descriptions, deal-history descriptions, media content, and the selection and arrangement of the foregoing, are owned by SML or its licensors and are protected by copyright, trademark, trade dress, trade secret, and other laws.

The names “Selman Munson & Lerner P.C.,” “Selman Munson & Lerner,” “SML,” and related names, logos, service names, designs, slogans, and other proprietary identifiers are trademarks, service marks, trade names, or other proprietary identifiers of SML or its licensors. You may not use any such marks or identifiers without the prior written consent of SML.

All rights not expressly granted in these Terms are reserved by SML.

1. INFORMATION YOU PROVIDE

The Site may allow you to submit information through contact forms, inquiry forms, email links, telephone links, or other communication features. You are responsible for the information you submit and for ensuring that you have all rights and permissions necessary to submit such information.

By submitting any inquiry, message, feedback, suggestion, idea, request, file, or other information through the Site or otherwise to SML, you represent that you have the right to provide such information and that doing so does not violate any law, contract, duty, or third-party right. You authorize SML to use, reproduce, disclose, store, and otherwise process such information for purposes of reviewing and responding to your communication, evaluating any potential relationship, maintaining records, operating and improving SML’s business, and complying with applicable law. Any feedback, suggestions, ideas, improvements, or recommendations you provide regarding SML, the Site, or any SML service may be used by SML without restriction and without compensation to you.

1. THIRD-PARTY WEBSITES AND SERVICES

The Site may contain links or references to third-party websites, platforms, social media pages, podcasts, publications, vendors, service providers, or other resources. Third-party websites and services are not owned or controlled by SML. SML is not responsible for the availability, accuracy, content, products, services, policies, practices, security, or privacy practices of any third-party website or service. The inclusion of any link or reference does not imply endorsement by SML. If you access any third-party website or service, you do so at your own risk and subject to the applicable third party’s terms and policies.

1. DISCLAIMER OF WARRANTIES

YOUR ACCESS TO AND USE OF THE SITE ARE AT YOUR OWN RISK. THE SITE AND ALL CONTENT, INFORMATION, MATERIALS, RESOURCES, ARTICLES, PUBLICATIONS, FORMS, DESCRIPTIONS, PHOTOGRAPHS, VIDEOS, LINKS, AND OTHER MATERIALS MADE AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SML DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, CURRENTNESS, AVAILABILITY, SECURITY, RELIABILITY, AND UNINTERRUPTED OR ERROR-FREE OPERATION.

WITHOUT LIMITING THE FOREGOING, SML DOES NOT WARRANT THAT: (A) THE SITE WILL BE AVAILABLE, SECURE, UNINTERRUPTED, OR ERROR-FREE; (B) THE SITE OR ANY CONTENT WILL BE ACCURATE, COMPLETE, CURRENT, OR RELIABLE; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE SITE OR ANY SERVER USED TO MAKE THE SITE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) ANY SITE CONTENT WILL BE SUITABLE FOR ANY PARTICULAR LEGAL, BUSINESS, TAX, FINANCIAL, REGULATORY, OR OTHER PURPOSE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SML OR THROUGH THE SITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN A SEPARATE WRITTEN AGREEMENT SIGNED BY SML.

1. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SML AND ITS SHAREHOLDERS, DIRECTORS, OFFICERS, ATTORNEYS, EMPLOYEES, AGENTS, REPRESENTATIVES, AFFILIATES, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR DAMAGE TO EQUIPMENT, SYSTEMS, OR PROPERTY, ARISING OUT OF OR RELATING TO THE SITE, SITE CONTENT, OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SML’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE, SITE CONTENT, OR THESE TERMS WILL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).

THE LIMITATIONS IN THIS SECTION APPLY TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

NOTHING IN THESE TERMS LIMITS ANY LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

1. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless SML and its shareholders, directors, officers, attorneys, employees, agents, representatives, affiliates, contractors, service providers, and licensors from and against any claims, demands, actions, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:

(a) your access to or use of the Site;

(b) your violation of these Terms;

(c) your violation of any law or third-party right;

(d) any information, content, materials, messages, files, or submissions you provide to SML; or

(e) your misuse of any Site content.

1. EQUITABLE RELIEF

Notwithstanding the arbitration provisions below, SML may seek temporary, preliminary, permanent, or other injunctive or equitable relief in any court of competent jurisdiction for any actual or threatened violation of Sections 6, 7, 8, or 12 of these Terms, including claims involving unauthorized scraping, automated access, data extraction, artificial intelligence training or model development, misuse of Site content, infringement or misappropriation of intellectual property, interference with the Site, security violations, or unauthorized access to SML systems. You agree that a violation of the foregoing provisions may cause irreparable harm for which monetary damages may be inadequate, and that SML may seek equitable relief without posting a bond to the maximum extent permitted by applicable law.

1. DISPUTE RESOLUTION; BINDING ARBITRATION; CLASS ACTION WAIVER

Except for claims for equitable relief described in Section 13, any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or Site content will be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules then in effect.

The arbitration will be conducted by a single arbitrator. The seat and location of arbitration will be Austin, Texas. The arbitrator will have authority to grant any relief that would be available in court, subject to the limitations, waivers, and other provisions of these Terms. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

The Federal Arbitration Act will govern the interpretation and enforcement of this arbitration provision. To the extent state law applies, Texas law will apply as provided in Section 16.

Each party will bear its own attorneys’ fees and costs except to the extent applicable law provides otherwise or the arbitrator determines that an award of fees or costs is authorized by law. AAA administrative fees, arbitrator compensation, and other arbitration fees will be allocated as provided under the applicable AAA rules, subject to any contrary requirements of applicable law.

1. LIMITATION ON TIME TO BRING CLAIMS

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THE SITE, SITE CONTENT, OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ACCRUES. ANY CLAIM OR CAUSE OF ACTION NOT FILED WITHIN THAT ONE-YEAR PERIOD IS PERMANENTLY BARRED.

1. GOVERNING LAW; VENUE

These Terms and any dispute arising out of or relating to these Terms, the Site, or Site content will be governed by the laws of the State of Texas, without regard to conflict-of-law principles.

Subject to the arbitration provisions above, you agree that any action or proceeding arising out of or relating to these Terms, the Site, or Site content may be brought only in the state or federal courts located in Travis County, Texas or Austin, Texas, and you consent to the personal jurisdiction of those courts.

1. CHANGES TO THE SITE AND THESE TERMS

SML may change, suspend, discontinue, or restrict access to all or part of the Site at any time without notice or liability. SML may also update these Terms from time to time by posting revised Terms on the Site. The revised Terms will be effective when posted unless a later effective date is stated. Your continued use of the Site after revised Terms are posted means that you accept the revised Terms.

1. TERMINATION

SML may terminate, suspend, or restrict your access to the Site at any time, with or without notice, for any reason or no reason, including if SML believes that you have violated these Terms or applicable law. Upon termination, all licenses granted to you under these Terms will immediately terminate.

1. MISCELLANEOUS

These Terms constitute the entire agreement between you and SML regarding your access to and use of the Site, except that any separate written agreement signed by SML will control with respect to the applicable representation, transaction, or subject matter. If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect. No waiver of any provision of these Terms will be deemed a further or continuing waiver of such provision or any other provision. You may not assign or transfer these Terms without the prior written consent of SML. SML may assign these Terms without restriction. The headings in these Terms are for convenience only and do not affect interpretation.

1. CONTACT

Questions about these Terms may be directed to:

Selman Munson & Lerner P.C.
Barton Oaks Plaza IV, Suite 200
901 South MoPac Expy
Austin, TX 78746
Phone: (512) 505-5955