ALL DW LAWYERS, UNLESS OTHERWISE INDICATED, ARE NOT CERTIFIED BY THE TEXAS BOARD OF LEGAL SPECIALIZATION.
The facts and results of each case will vary, and no particular result can be guaranteed.
Site Content Not Legal Advice
These materials have been prepared by DW for informational purposes only and do not constitute legal advice, do not necessarily reflect the opinions of DW, its attorneys or any of our clients, and are not guaranteed to be correct, complete, or up-to-date. The laws of other states and nations may be entirely different from what is described in this Site. Because of these differences, you should not act or rely on any information on this Site without seeking the advice of a competent attorney licensed to practice law in your jurisdiction for your particular problem. DW has endeavored to comply with all legal and ethical requirements in developing this Site and does not desire to represent clients based upon their review of any portions of this Site which do not comply with the legal or ethical requirements of the jurisdiction in which the client is located.
This information is not intended to create, and receipt of it does not constitute, a lawyer-client relationship.
Do not send us information until you speak with an individual attorney and receive authorization to send that information to DW. Our attorneys would be pleased to communicate with you by e-mail. However, if you communicate with DW through this Site or otherwise in connection with a matter for which DW does not already represent you, your communication may not be treated as privileged or confidential. If you communicate with us by e-mail in connection with a matter for which we already represent you, please remember that Internet e-mail is not secure and you should avoid sending sensitive or confidential Internet e-mail messages unless they are adequately encrypted.
Personal Use of Contents
The content of the Site is for your personal, noncommercial use. Content copied, downloaded or printed must retain all the copyright, trademark and other proprietary notices. For commercial use of any portion of the contents you must secure the written consent from DW.
Privacy Notice and Document Retention Policy
Under a new federal law called the Gramm-Leach-Bliley Act, law firms and other professionals who provide services related to your personal financial information are required to inform clients of their policies and practices regarding the privacy and security of your information. Since you have chosen to access our Site, we are providing the following information to you:
In the course of providing clients with advice on financial and related matters, DW may receive significant personal financial information from its clients. In addition, DW may assemble and maintain information relating to the legal services provided. The information that DW may assemble and maintain may be obtained from the client, generated as a result of the services provided, or received from third parties. If you are or become a client of DW, you should know that all information that DW receives from a client is held in confidence, and is not released to people outside the firm, except as agreed to by the client, or as allowed or required under applicable law and the rules of professional conduct governing the provision of legal services.
If you become a client, DW will retain records relating to professional services that DW provides so that our attorneys will be better able to assist clients with their needs, and in some cases, to comply with professional guidelines. In order to guard client’s nonpublic personal information, or the nonpublic information of business entities, DW maintains physical, electronic, and procedural safeguards that comply with professional standards and generally exceed the requirements imposed under federal law.
Generally, DW retains information in its files until completion of the matter to which that information relates. Thereafter, those files may be purged and placed in storage or returned to the client. DW may retain copies of files returned to clients. Files retained by DW after completion of a matter are not retained or marked for destruction in accordance with a fixed schedule. Instead, inactive files are maintained until DW determines that those files are no longer useful in rendering services to the client, or are not otherwise required in connection with our role as counsel or former counsel.
Use of Site
Your use of the Site is at the sole discretion of DW, who may deny you further use of the Site at any time, for any reason, with or without cause. Your use of the Site does not entitle you to continued use of the Site.
Your use of the Site must always comply with applicable law. In particular, but without limitation, you agree not to use the Site to:
(a) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity;
(b) upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(c) upload, post, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; or
(d) upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, network, hardware or telecommunications equipment.
DW makes no representation regarding accessing the materials on this Site from jurisdictions where their contents are illegal or prohibited. Those users who choose to access this Site from other jurisdictions do so at their own risk and are responsible for compliance with local laws and regulations.
Links to Other Sites
The Site may contain links to third party websites. Those links, if any, are provided as citations and aids to help you identify and locate other resources that may be of interest, and are not intended to state or imply that DW sponsors, is affiliated or associated with, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. DW is offered no compensation or remuneration from the organizations linked to the website. DW makes no warranties, explicit or implied, regarding the performance of the links, the performance of the outside sites or the contents of the outside sites. If you decide to access linked third party websites, you do so at your own risk.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS DW, ITS ATTORNEYS AND EMPLOYEES AND OTHER AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING WITHOUT LIMITATION CLAIMS BASED UPON THE NEGLIGENCE OF DW, ITS ATTORNEYS AND EMPLOYEES AND OTHER AFFILIATES ARISING FROM OR RELATED TO YOUR USE OF THE SITE, THE MATERIALS IT CONTAINS, AND ANY SITES LINKED TO THIS SITE.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DW EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, QUALITY, PERFORMANCE, NON-INTERFERENCE WITH INFORMATION, AND ACCURACY OF INFORMATIONAL CONTENT. THERE IS NO WARRANTY THAT INFORMATION PROVIDED ON THE SITE WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS.
(b) DW MAKES NO WARRANTY THAT:
(1) YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(2) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR
(3) THE QUALITY OF ANY INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DW OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitations and Exclusions of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DW SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(a) THE USE OR THE INABILITY TO USE THE SITE;
(b) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR
(d) ANY OTHER MATTER RELATING TO THE SITE.
IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY OF THE INFORMATION CONTAINED THEREON, OR REFUSE TO ABIDE BY THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE. NOTWITHSTANDING THE FOREGOING, DW’S LIABILITY TO YOU SHALL IN NO CASE EXCEED $100. YOU FURTHER AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST DW ARISING OUT OF THE USE OF THE SITE.
DW SHALL NOT BE HELD LIABLE FOR ANY REPRESENTATIONS ON THIRD PARTY SITES IN RELATION TO THE INFORMATION PROVIDED IN THIS SITE.
Intellectual Property Rights
The Site is protected by copyright, trademark, trade dress and other intellectual property rights.
(a) DW grants you a personal, revocable, non-transferable, and non-exclusive right and license to use the object code of the Site on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software for the Site except and only to the extent that such activity is permitted by applicable law notwithstanding this limitation.
(b) The logos, and other service marks and service names of DW (“Marks”) are owned or licensed by DW. You agree not to copy, display or otherwise use any of the Marks without the prior written permission of DW. Notwithstanding the foregoing, the Marks may not be used in any manner likely to cause confusion, disparage or dilute these marks and/or in connection with any product or service that is not authorized or sponsored by DW.
(c) The entire Site, and all object code and source code, text, graphics, multimedia content, including but not limited to images, illustrations, html and other mark up languages, and all scripts within the site associated therewith, are Copyright 2013, Dismuke & Waters, P.C. All rights reserved. The copyrighted and proprietary property of DW may not be duplicated or used without DW’s express prior written consent.
Our users are given the opportunity to ‘opt-out’ of having their information used for purposes not directly related to the Site at any point where we ask for the information. Users who no longer wish to receive e-mail which DW may send, may opt-out of receiving these communications by replying with the term “unsubscribe” in the subject line of the email or by emailing DW (insert link).
This Site is not directed at children under the age of 13 and does not knowingly collect personal information from children under the age of 13. If DW obtains actual knowledge that it has obtained personal information about a child under the age of 13, that information will be immediately and permanently deleted from our records.
DW may update, revise, supplement, modify or amend this Agreement at any time. Any updates, revisions, supplements, modifications or amendments shall be effective immediately upon its posting on the Site. You agree that you will be bound by this Agreement, however and whenever it is updated, revised, supplemented, modified, or amended, whether you have actual or constructive notice of, and whether you have used or continue to use the Site after, the updates, revisions, supplements, modifications or amendments.
This Agreement constitutes the entire agreement between you and DW with respect to your use of the Site. There are no other representations, warranties, terms, agreements or conditions, either written or oral, with respect to your use of the Site except as set forth in this Agreement.
If any provision of this Agreement is deemed unlawful, void, voidable or unenforceable for any reason, then that provision shall be deemed severable from this Agreement and shall not affect the validity or enforceability of any remaining provisions.
Governing Law and Venue
This Web site (excluding linked sites) is controlled by DW from its offices within the State of Texas, United States of America. The Site can be accessed from all 50 states, as well as from other countries around the world. As each of these jurisdictions has laws and regulations that may differ from those of Texas, by accessing this Site both you and DW agree that the statutes and laws of the State of Texas, without regard to conflicts of laws principles thereof, will apply to all matters relating to use of this Site (whether grounded in tort, contract, law or equity). In the case of a dispute, you and DW agree any litigation arising between the parties hereto shall be brought only in the state or federal courts having subject matter jurisdiction in Tarrant County, Texas. You and DW hereby irrevocably and unconditionally consent to the jurisdiction of any such court and hereby irrevocably and unconditionally waive any defense of an inconvenient forum to the maintenance of any action or proceeding in any such court, any objection to venue with respect to any such action or proceeding, and any right of jurisdiction on account of the place of residence or domicile of any party thereto.
DW may terminate your right to use this Site, with or without cause at any time in its sole discretion. In the event of termination, all representations, warranties, indemnifications, and promises made by you shall survive.
If you have a comment, question or request, or if you need to contact DW for any other reason, there are three easy ways to do so.
(a) E-mail: mwaters (@) law.paleoctopus.com
(b) Telephone Number: You may call us at 817.277.2077. If you call after normal business hours, please leave a message and your telephone number. We will get back to you as quickly as possible. Normal office hours are Monday through Friday, 8:00 a.m. to 5:00 p.m. Central Time.
(c) U.S. Mail: Send mail to DW at:
Dismuke & Waters, P.C.
2000 E. Lamar Blvd., Suite 500
Arlington, TX 76006
To the extent the state bar rules in your jurisdiction require us to designate a principal office and/or a single attorney responsible for this Site, DW designates its office in Arlington, Texas, USA as its principal office and designates J. Michael Waters, Jr. as the attorney responsible for this Site.