Terms Conditions

Terms and Conditions

READ CAREFULLY. This Terms of Use page is the “Agreement for Use” between “Visitors,” those who enter, review, read, browse, or otherwise use this site “Web Site” and the “Sponsor” of the site, Mathews Fitzgerald and Associates, PC. Read it carefully. No Visitor is permitted to use this Web Site unless the Visitor acknowledges and consents to the Agreement for Use. By using the site, Visitor agrees to the terms and conditions set forth. If Visitor does not agree, then Visitor may not make use of the site and Sponsor asks that Visitor leave the site and not enter it again. The Sponsor of this Web Site has the right to add, delete, modify, and otherwise alter this Agreement for Use at any time for any reason, and the Sponsor is not required to give any Visitor prior or individual notice of alterations. Each Visitor who from time to time continues to visit the Web Site agrees to any alterations made.
USE AT YOUR OWN RISK. To the fullest extent permitted by law, Visitor freely accepts any and all risk involved in using this Web Site, and Visitor waives and releases Sponsor from any disputes, claims, suits and actions based upon causes, legal theories, arguments, and opinions regarding the apportionment and distribution of risk.
NOTICES AND DISCLOSURES REQUIRED BY THE BANKRUPTCY CODE. This Web Site contains a page that contains disclosures required by the bankruptcy code, and each of them is incorporated by reference as if set forth in full. You can get there by following this link, Disclosures.
ABOUT THIS SITE AND PRIVACY POLICY. This web site contains pages that disclose information about the site, see About this Site page, and the use of the information obtained from Visitors to this site, see Privacy Policy page.
ACKNOWLEDGMENT OF RECEIPT
By Visiting this Web Site or otherwise accepting this Agreement for Use, Visitor acknowledges that Sponsor has provided Visitor with the notices and disclosures contained on the About this Site and Privacy Policy pages, as well as each of the following notices:

Notice Mandated by Section 342(b)(1) and 527(a)(1) Of The Bankruptcy Code
Notice Mandated By Section 527(a)(2) Of The Bankruptcy Code
Notice Mandated by Section 527(b) Of The Bankruptcy Code
Notice Mandated By Section 342(b)(2) Of The Bankruptcy Code

Each Visitor to this Web Site also acknowledges receipt each of these four notices.
AGREEMENT FOR USE
1. Background
This Web Site is an administrative tool employed in our practice. We think of it as a sort of electronic receptionist. Sponsor has published this Web Site on the internet for several purposes, among them:

to attract prospective clients and describe its practice to them
to provide Visitors to the Web Site with general information about topics contained on the site, as well as some aspects of the services and representation offered by Sponsor, including:

bankruptcy
bankruptcy law
work out strategies for avoiding bankruptcy
debtor counseling and debtor education
creditor and collection harassment
responding to collection lawsuits

to provide a means for Visitors to locate and contact Sponsor
to provide Visitors with certain required legal notices and disclaimers

In addition to introducing the general public to these topics, Sponsor offers Visitors the ability to communicate specific information about themselves and their legal and financial problems. Sponsor may respond to such communications and individual Visitors can request Sponsor to make contact and discuss their cases with them.

2. Attorney Client Relationship
The materials on this web site are intended for informational purposes only. The materials on this Web site are not intended to be, nor should they be interpreted as, legal advice or opinion about any particular client, case, or issue. The reader should not consider the publication of this information to be an invitation to an attorney client relationship. The mere fact that a communication occurs between a Visitor and the Sponsor, whether by phone, email, or other means does not mean an attorney client relationship has been created or exists. Any invitation to an attorney client relationship must be made on an individual basis through a written document, only after consultation between a Visitor and Sponsor.

3. Notice Regarding Attorney Specialization and Bar Memberships
Unless otherwise indicated, Sponsor attorneys are not certified by any state bar association as specialists in any particular area of law practice. Although this Web Site may be viewed from any of the 50 United States of America and territories, as well as any country, the jurisdictions in which Sponsor attorneys practice are stated in this site. Sponsor has a principal office in Dallas, Texas. Lawyers named in the web site are authorized to practice law in the jurisdictions indicated.

4. Limitation on Information Provided on this Web Site
The contents of this Web Site are provided for informational purposes only. The information on the Web Site is not guaranteed to be correct, complete or up to date. The Web Site does not attempt to cover differences between the laws of various jurisdictions. This Web Site is not and should not be used as a substitute for legal advice.

5. Reliance on Web Site
The information on this Web Site is believed by Sponsor to be reliable as general information, but it is not guaranteed. Visitor should not act or rely on the information contained on this Web Site without first seeking and obtaining the advice of an attorney. If Visitor has questions about the information contained on this Web Site, Visitor should seek legal counsel.

6. Communication with Sponsor
Each Visitor who communicates with Sponsor acknowledges and agrees that he or she is inviting and permitting Sponsor to contact Visitor, and Sponsor may contact Visitor directly by mail, email, or telephone and other means at Sponsor’s discretion. A Visitor may withdraw the permission by written communication delivered to Sponsor. Sponsor has no obligation or duty to share information communicated by a Visitor with any third parties, and it will do so in its exclusive discretion. Unless an attorney client relationship is created between them, Sponsor has no duty to communicate with Visitor.
Acceptance of information does not constitute advice on whether Visitor may have remedies under current law. Sponsor will not give advice to Visitor before an attorney client relationship has been formally established between Visitor and Web Site Sponsor by signed written agreement. The invitation and permission to contact given to Sponsor by Visitor pre-empts and supersedes any and all restrictions that might otherwise be imposed by do-not-call statutes, restrictions on commercial use of email, and similar regulations.

7. Incorporation of other pages by reference
Personal information submitted or collected by Sponsor is subject to the Privacy Policy, which is incorporated herein by reference as if set forth in full. Likewise the contents of the About this Site and Disclosures pages are incorporated herein by reference as if set forth in full.

8. Alteration of Web Site
Sponsor may from time to time alter the Web Site or take all or part of it off of the internet, permanently or for a period of time to be determined exclusively by Sponsor. If the Web Site is altered or taken off of the internet, Sponsor may choose to delete any of the information that has been submitted by any Visitor. Sponsor assumes no duty to retain any information. Visitor agrees that information is provided to Sponsor at Visitor’s sole risk. Visitor agrees to be responsible for maintaining copies of any information submitted to Sponsor. Visitor agrees that Sponsor shall not be liable to Visitor or any third party for any alteration, suspension or termination.

9. Intellectual Property
Visitor is granted and enjoys no more than a limited, revocable, non-exclusive, non-transferrable right to read, review, and access the Web Site for the personal use and benefit of Visitor. The use of this Web Site by Visitor does not convey, grant, transfer, or assign any other Intellectual Property rights, title or interest. Intellectual Property published, affixed, or used on this Web Site, including, but not limited to, brands, advertising and marketing materials, copyrights, logos, images, text, designs, URLs, names, trade names, trademarks, service marks, computer programs and code, and all other Intellectual Property is and remains the property of those parties with legal ownership or rights to manage and control the Intellectual Property. Some or all of the Intellectual Property on this Web Site may be owned or controlled by third parties and used by Sponsor pursuant to a license, lease, rental agreement, or other permit or arrangement between Sponsor and the interested third parties. Use of the Web Site by any Visitor does not convey, grant, transfer, or assign any of the Intellectual Property rights, title, or interest of third parties to that Visitor or any agent or associate of the Visitor. Visitor agrees not to copy, reproduce, or duplicate Intellectual Property found on or associated with the Web Site except with prior written permission from Sponsor and third party owners and licensors.

10. Use of Web Site
Each Visitor agrees to abide by certain restrictions and to avoid certain activities while using this Web Site. Each and every Visitor agrees to be truthful in dealing with Sponsor and its agents and associates. Each and every Visitor agrees not to do any of the following under any circumstances:

transmit or otherwise make available any information that is false
transmit or share inside, proprietary, or confidential information
threaten, harass, or invade the rights of any person or entity
give a false identity, impersonate any person or entity, or misrepresent affiliation with any person or entity
post promotional materials, solicit participants and/or visitors of the Web Site
copy, duplicate, sell, resell, convey, or exploit any portion of the Web Site for any commercial purposes
destroy, disrupt, damage, or otherwise impair any part of the Web Site
collect or store personal data about other Visitors
data mining

Each Visitor agrees not to use the Web Site in any way that, intentionally or unintentionally, violates any applicable local, state, national or international law governing use of the Web Site.

11. Restrictions
Except with prior signed, written agreement of the Sponsor, no Visitor is authorized or permitted to:

use the Web Site to develop, or as a component of, an information storage and retrieval system or database
create compilations or derivative works of the Web Site

use the Web Site or any other materials from the Web Site in any manner that infringes upon any copyright, intellectual property right, proprietary right, or property right of Sponsor or any third parties
remove, disable, defeat or change any functionality or appearance of the Site
decompile, disassemble or reverse engineer any software or use monitoring or robot software to determine the site architecture
use any automatic or manual process to harvest information from the Site
use the Site for the purpose of gathering information for or transmitting unsolicited commercial email
make unsolicited telephone calls or facsimile transmissions

12. Indemnity
Visitor agrees to indemnify and hold Sponsor, and its equity holders, directors, officers, agents, third party contractors and employees, harmless from all damages, costs, liabilities, and any claim or demand made by any third party, including reasonable attorney's fees arising out of or related to use of the Web Site or this Agreement for Use.
13. Third-Party Content
Visitor acknowledges and agrees that Sponsor does not have or assume any responsibility for third party content that may appear on this Web Site. Sponsor does not have or assume any liability for any errors, mistakes, misstatements of law, and omissions in any third party content appearing on the Web Site.

14. Dealings with Advertisers
Visitor’s correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between Visitor and such advertiser. Visitor agrees that Sponsor shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.

15. Links
The Site may contain "hyperlinks" to other websites. Sponsor is not responsible for and does not vouch for these sites or with respect to any service or product associated with these sites. By including these hyperlinks, Sponsor does not state or imply that there is anything more than an arm’s length, third party relationship between this Web Site and the linked sites.

16. Disclaimer of Warranties
VISITOR UNDERSTANDS, ACKNOWLEDGES, AND AGREES:
USE OF THE WEB SITE IS AT VISITOR’S SOLE RISK. ALL CONTENT AND SERVICES ON THE SITE ARE PROVIDED SOLELY ON AN "AS-IS/AS-AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SPONSOR DENIES AND REFUSES ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, AS TO THE RESULTS VISITOR MAY ACHIEVE THROUGH USE OF THE SITE, AND AS TO THE RESULTS VISITOR MAY ACHIEVE ON ACCOUNT OF ANY RELATIONSHIP CREATED WITH AN ATTORNEY OR LAW FIRM.
NO ONE IS AUTHORIZED TO MAKE ANY PROMISE OR REPRESENTATION THAT VISITOR WILL OBTAIN A FAVORABLE RESULT. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY VISITOR FROM SPONSOR OR FROM THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
VISITOR IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO VISITOR’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL FROM THIS WEB SITE.

17. Limitation of Liability
VISITOR EXPRESSLY UNDERSTANDS AND AGREES THAT SPONSOR SHALL NOT BE LIABLE FOR ANY, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, FAILURE TO REALIZE EXPECTED SAVINGS, OR OTHER INTANGIBLE LOSSES (EVEN IF SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OF OR THE INABILITY TO MAKE USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY ERRORS, OMISSIONS, AND DEFECTS IN ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM, THE SITE; (iii) INVALID DESTINATIONS, TRANSMISSION ERRORS, OR UNAUTHORIZED ACCESS TO OR ALTERATION OF VISITORS TRANSMISSIONS OR
DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE. IN NO EVENT IS SPONSOR LIABLE TO VISITOR FOR AN AMOUNT IN EXCESS OF THE AMOUNT PAID BY VISITOR TO SPONSOR FOR THE SERVICES IN QUESTION, IF ANY.

18. Entire Agreement - Modification
This agreement constitutes the entire agreement between Visitor and Sponsor and governs Visitor’s use of the Site, superseding any prior agreements between Visitor and Sponsor. Visitor also may be subject to additional terms and conditions that may apply when Visitor use or purchase certain other services, affiliate services, third-party content or third-party software. Visitor agrees that Sponsor may amend or modify the Web Site and this Agreement at any time and for any purpose, and Visitor waives notice and releases Sponsor from any duty to supply notice, whether legal or equitable, express or implied.

19. Choice of Law and Jurisdiction
This Agreement for Use is made in Dallas County, Texas, and it is to be read and interpreted according to Texas law, any choice of law and conflicts of law provisions and rules to the contrary notwithstanding. In the event that a court of competent jurisdiction finds the Arbitration provision of this Agreement for Use inapplicable to any dispute, claim, suit, or action between or among Sponsor and Visitor, then Sponsor and Visitor agree that the District Court of Dallas County, Texas, shall have sole and exclusive jurisdiction of the matter, and Visitor and Sponsor hereby submit to such jurisdiction and waive, release, and forego any claim for the jurisdiction of any other court or forum. Upon the request of either Sponsor or Visitor, the court and presiding authorities in any other jurisdiction shall promptly dismiss any dispute, claim, suit, or action brought or made between or among Sponsor and Visitor.

20. Choice of Forum
Visitor agrees that legal remedies for continuing or persistent or systematic violation of this Agreement for Use would be insufficient, and, therefore, agrees that Sponsor may have equitable remedies, including, but not limited to, injunctive relief from such violations, without requirement of bond. Requests for injunctive relief shall be filed in the District Court of Dallas County, Texas. Otherwise, Visitor and Sponsor agree, pursuant to the Federal Arbitration Act, any and all disputes, claims, suits, and actions between or among them that arise out of or are related in any way to this Web Site, the use of this Web Site, this Agreement for Use, or the relationship between Sponsor and Visitor, shall be submitted to arbitration in Dallas County, Texas, exclusively (and no other location), in accordance with the rules of the American Arbitration Association. Arbitration is binding.
THE PARTIES ACKNOWLEDGE THAT BY AGREEING TO ARBITRATE DISPUTES BETWEEN THEM THEY ARE EACH VOLUNTARILY GIVING UP THE RIGHT TO PRESENT EVIDENCE IN COURT TO A JUDGE OR A JURY.

21. Agreement for Use Voluntary
Visitor acknowledges and agrees that making this Agreement for Use, use of the Web Site, the use of links and information and services provided by any third parties linked to Web Site, and any employment of Sponsor for legal representation is voluntary, and no one has forced or coerced Visitor to use this Web Site or communicate with Sponsor. Visitor acknowledges that there are numerous attorneys available to provide legal representation in the jurisdiction where Visitor resides or does business, and Visitor agrees that Visitor could have chosen any of them and their web sites instead of Sponsor and this Web Site.

22. Waiver and Severability of Terms
Sponsor’s failure to exercise or enforce any right or provision of this Agreement for Use shall not constitute a waiver of such right or provision. If any provision of the Agreement for Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement for Use shall remain in full force and effect.

23. Headings and Titles. The headings and titles in this Agreement for Use are for convenience only and have no legal or contractual effect.
Questions and concerns regarding this Agreement for Use can be directed to info@mfapc.com.