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PFLAW may at any time, for any reason, and without notice or liability: (a) modify, suspend, or terminate operation of or access to the Site and related services, or (b) change, revise, or modify the Site and affiliated services.
Ownership and Intellectual Property Rights
The Site and PFLAW software, systems, technology, and know-how (“PFLAW Technology”) are owned by or licensed to PFLAW and are protected by copyright, trademark, trade dress, patent, and/or other intellectual property rights and proprietary rights. All trademarks, trade names, graphics, logos, and trade dress included in or made available through the Site and Online Services are owned by or licensed to PFLAW and protected by U.S. and international trademark laws (collectively, the “Marks”).
Restrictions on Use
Any unauthorized use automatically terminates the license granted to you hereunder.
No Relationship or Obligation Arises from Use of the Site
The law differs in every jurisdiction, and you should not rely on any opinion except that of an attorney you have retained, who has a professional duty to advise you after being fully informed of all the pertinent facts, and who is licensed in the applicable state, and is familiar with the applicable law. Internet subscribers, mobile application users, and online readers should seek professional counsel about their legal rights and remedies. You should not act or refrain from acting on the basis of any information found the Site. Any actions or decisions about your legal rights should be based on the particular facts and circumstances of your situation, and appropriate legal advice from an attorney retained directly by you. PFLAW EXPRESSLY DISCLAIMS ALL LIABILITY WITH RESPECT TO ACTIONS TAKEN OR NOT TAKEN BASED UPON ANY INFORMATION OR OTHER CONTENTS OF THIS SITE. Viewing the Site, or communicating with PFLAW by Internet e-mail or through the Site does not constitute or create an attorney-client relationship with anyone. The content and features on the Site do not create, and are not intended to create, an attorney-client relationship, and shall not be construed as legal advice. The content and features of the Site, including means to submit a question or information, do not constitute an offer to represent you or otherwise give rise to an attorney/client relationship.
THE SITE IS PROVIDED “AS IS”. PFLAW MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE AND ONLINE SERVICES AND HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, PFLAW DOES NOT GUARANTEE THAT THE ONLINE SERVICES OR PRODUCTS WILL MEET YOUR REQUIREMENTS, OR WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.
To use some features of the Site, you may be required to create an account. In connection therewith, you agree to provide and maintain true, accurate, current, and complete information about yourself. You are responsible for maintaining the confidentiality of the information you hold for your account login, including your password, and for all Submissions made from your account. You agree to notify us immediately of any unauthorized use of your login. PFLAW may suspend access to your account if it suspects illegal or improper use, or for other reasons, such as for account management purposes, at its sole discretion.
Confidentiality is Not Guaranteed
Information sent to Preuss | Foster Law, LLC via Internet e-mail or through the Site is not secure and is done on a non-confidential basis. PFLAW may make reasonable efforts to keep communications private, but because of the nature of Internet communications and the absence of an attorney/client relationship, we cannot promise or guarantee confidentiality.
DISCLAIMER – This Site Does Not Provide Medical Diagnosis or Advice
The content provided on the Site, such as documents, text, graphics, images, videos, news alerts, pharmaceutical drug recalls, prescription medication history, or information on litigation concerning the foregoing topics, or other materials, is for informational purposes only. The information is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always consult a physician for diagnosis and treatment of any medical condition or for any questions you may have regarding a health concern. Never disregard professional medical advice, alter a prescription plan in anyway, or delay or refrain from seeking medical advice because of something you have read or seen on the Site. Links to other sites are provided for information only. Use of trade names is for identification only and does not constitute endorsement by PFLAW.
Without limiting the generality of the foregoing, the Site may present information about pharmaceutical drug recalls, which is for information purposes only. Such information is not necessarily the most current information on subject and may or may not be updated based on the last information concerning such recalls. Do not make any make any decisions regarding medication or medical providers based on information from the Site including but not limited to information we provide about drug recalls.
PFLAW Is Not Responsible for Content; Limitation on Liability
PFLAW may periodically change, remove, or add the material on the Site without notice. This material may contain technical or typographical errors. PFLAW DOES NOT GUARANTEE ITS ACCURACY, COMPLETENESS OR SUITABILITY. PFLAW assumes no liability or responsibility for any errors or omissions in the contents of the Site. Your use of the Site is at your own risk. Under no circumstances shall PFLAW or any other party involved in the creation, production or delivery of the Site be liable to you or any other person for any indirect, special, incidental, or consequential damages of any kind arising from your access to, or use of, the Site. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN NO EVENT SHALL PFLAW BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES RELATING TO THIS MATERIAL, FOR ANY USE OF THIS WEBSITE, OR FOR ANY OTHER LINKED WEBSITE.
State Laws Vary
PFLAW lawyers are licensed to practice law only within the states of Kansas and Missouri but we affiliate or form relationships with lawyers throughout the United States. PFLAW may refer prospective clients to other law firms located throughout the country, who form relationships with PFLAW, and are experienced in handling such cases. PFLAW may also undertake legal representation in certain cases, and will affiliate with other legal counsel located throughout the country to provide legal representation. The laws of each State are different. The Site contains information about general or common rules that apply in some states. The Site also contains information about verdicts or settlements in past cases. You cannot assume that the same rules apply, or that the same result would occur, in your state or any particular state. The Statute of Limitations is especially important. Every state has laws called the “statute of limitations” which set a deadline to file a lawsuit. That means that a lawsuit filed too late may be thrown out, regardless of the defendant’s fault or the severity of the injuries. Some states have a two-year period for negligence injury claims; the time period in other states may be longer or shorter. Insurance policies, particularly homeowner’s insurance, may require that suit be filed within one year of a loss. Some states allow claims against government agencies, but require a written notice very soon after the accident, perhaps within three months. Because investigation and research is needed to identify all possible defendants and theories of recovery, if you have an accident or injury, you should consult a lawyer as soon as possible.
Only individuals who have entered into a mutually signed retainer agreement with PFLAW are PFLAW clients (“PFLAW Clients”). Certain portions of the Site designated as such by PFLAW may be available for use only by PFLAW Clients. When PFLAW Clients use such portions of the Site designated by PFLAW to communicate with us pursuant to our representation of a PFLAW Client, we will ensure that any information provided pursuant to such attorney/client relationship may not be shared with third parties except as is done with such precautions to preserve the confidentiality of the relevant information and any attorney/client privilege as may attach to such information. PFLAW takes commercially reasonable measures to secure and protect the information that we collect.
Legal and Ethical Requirements
PFLAW has tried to comply with all legal and ethical requirements in compiling the Site. We welcome comments about our compliance with the applicable rules and will update the Site as warranted, upon learning of any new or different requirements. To the extent that the professional responsibility rules of any jurisdiction require us to designate a principal office or an attorney responsible for the Site, Preuss | Foster Law, LLC designates its office in Leawood, Kansas (USA), 10601 Mission Road, STE 250, and attorney Shawn Foster.
State Advertising Disclosures
Because some material on the Site constitutes lawyer advertising, and the Site may be viewed from anywhere in the United States, particular disclosures are required by the rules of some states. PFLAW adopts and makes the following disclosures:
- Alabama – No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.
- Colorado – Colorado does not certify attorneys as specialists in any field.
- Florida – The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience.
- Iowa – The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. This disclosure is required by rule of the Supreme Court of Iowa. NOTICE TO THE PUBLIC: Memberships and offices in legal fraternities and legal societies, technical and professional licenses, and memberships in scientific, technical and professional associations and societies of law or field of practice do not mean that a lawyer is a specialist or expert in a field of law, nor do they mean that such a lawyer is necessarily any more expert or competent than any other lawyer. All potential clients are urged to make their own independent investigation and evaluation of any lawyer being considered. This notice is required by rule of the Supreme Court of Iowa.
- Kentucky and Oregon – THIS IS AN ADVERTISEMENT
- Mississippi – The Mississippi Supreme Court advises that a decision on legal services is important and should not be based solely on advertisements.
- Missouri – Neither the Supreme Court of Missouri nor the Missouri Bar reviews or approves certifying organizations or specialist designations.
- Nevada – The State Bar of Nevada does not certify any lawyer as a specialist or expert.
- New Jersey – ATTORNEY ADVERTISEMENT — NOT A REFERRAL SERVICE. Before making your choice of an attorney, you should give this matter careful thought. The selection of an attorney is an important decision.
- New Mexico – LAWYER ADVERTISEMENT.
- New York – ATTORNEY ADVERTISING. Prior results do not guarantee a similar outcome.
- Pennsylvania – ATTORNEY ADVERTISEMENT – NOT A REFERRAL SERVICE. Before making your choice of an attorney, you should give this matter careful thought. The selection of an attorney is an important decision.
- Tennessee – None of the attorneys in this firm are certified as a Civil Trial, Criminal Trial, Business Bankruptcy, Consumer Bankruptcy, Creditor’s Rights, Medical Malpractice, Legal Malpractice, Accounting Malpractice, Estate Planning or Elder Law specialist by the Tennessee Commission on Continuing Legal Education and Specialization. Certification as a specialist in all other listed areas is not currently available in Tennessee.
- Texas – Unless otherwise stated, our attorneys claiming certification in an area of law are not certified by the Texas Board of Legal Specialization.
- Wyoming – The Wyoming State Bar does not certify any lawyer as a specialist or expert. Anyone considering a lawyer should independently investigate the lawyer’s credentials and ability, and not rely upon advertisements or self-proclaimed expertise.
Governing Laws in Case of Dispute; Jurisdiction
PFLAW takes no responsibility and assumes no liability for any Submission.
Any and all claims by you arising out of or related to the Site or your use thereof may be resolved only through a binding arbitration proceeding to be conducted under the auspices of the Commercial Arbitration Rules of the American Arbitration Association in Jackson County, Missouri. You agree to use Jay Daugherty as the sole arbitrator, whose office is Jay Daugherty Mediation. Both your agreement to arbitrate all controversies, disputes and claims, and the results and awards rendered through the arbitration, will be final and binding on you and may be specifically enforced by legal proceedings. Arbitration will be the sole means of resolving such controversies, disputes and claims, and you waive your rights to resolve such controversies, disputes and claims by court proceedings or any other means. You agree that judgment may be entered on the award in any court of competent jurisdiction and, therefore, any award rendered shall be binding. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. You understand that by agreeing to arbitration as a mechanism to resolve all controversies, disputes and claims between us, you are waiving certain rights, including the right to bring an action in court, the right to a jury trial, the right to broad discovery, and the right to an appeal. You understand that in the context of arbitration, a case is decided by an arbitrator (one or more), not by a judge or a jury.
The Site is controlled, operated, and administered by PFLAW from offices within the United States of America and is only intended for use therein. We make no representation regarding use of the Site outside of the United States.
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