Thorsen Legal

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Terms of Use

Last Updated: February 18, 2020

These Website Terms of Use (these “Website Terms”) are provided to you (“you”) Thorsen Legal, PLLC (“Thorsen Legal”, “our”, “us”, “we”), to inform you (“User(s)”) the terms and conditions of your access to and use of the website www.thorsenlegal.com and its associated services, content and any associated websites of Thorsen Legal that you may access via a link included in such website (collectively, the “Website”). Thorsen Legal has adopted this Terms of Use Agreement (“Agreement”) to inform you of your rights and duties when using the Website. If you do not agree with the terms and conditions of this Agreement, you are expressly prohibited from using the Website and must discontinue your use immediately.

THESE WEBSITE TERMS, TOGETHER WITH OUR PRIVACY POLICY [LINK], WHICH IS HEREBY INCORPORATED BY REFERENCE INTO THESE WEBSITE TERMS, ARE A LEGALLY BINDING CONTRACT BETWEEN YOU AND THORSEN LEGAL.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE AND ASSOCIATED SERVICES. BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

THORSEN LEGAL MAY, FROM TIME TO TIME, AND RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO MODIFY, LIMIT, CHANGE, DISCONTINUE, OR REPLACE THE WEBSITE OR THIS AGREEMENT. WE WILL PROVIDE YOU WITH NOTICE OF ANY SUCH MODIFICATIONS BY POSTING THE UPDATED WEBSITE TERMS ON THE WEBSITE, WITH THE “LAST UPDATED” DATE ABOVE REFERENCING THE DATE SUCH CHANGES WENT INTO EFFECT. YOU ARE RESPONSIBLE FOR CHECKING THIS PAGE FOR ANY SUCH MODIFICATIONS, AND YOU ACKNOWLEDGE THAT, BY CONTINUING TO ACCESS AND USE THE WEBSITE, YOU ARE AGREEING TO THE MOST RECENT VERSION OF THESE WEBSITE TERMS POSTED BY THORSEN LEGAL.

PLEASE READ THESE WEBSITE TERMS CAREFULLY. BY ACCESSING OR USING THE WEBSITE, OR BY CONTINUING TO ACCESS OR USE THE WEBSITE AFTER BEING NOTIFIED OF A CHANGE TO THESE WEBSITE TERMS OR OUR PRIVACY POLICY[LINK], YOU ARE CONFIRMING, AND HEREBY REPRESENT, THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE WEBSITE TERMS AND OUR PRIVACY POLICY[LINK]. IF YOU DO NOT AGREE TO BE BOUND BY THESE WEBSITE TERMS OR OUR PRIVACY POLICY[LINK], YOU MAY NOT ACCESS OR USE THE WEBSITE.

About the Website

Thorsenlegal.com is a website associated with the law firm Thorsen Legal, PLLC and is intended to assist prospective clients in identifying our focused practice areas and provide basic information with respect to different issues within those areas.

Warranties and Representations

You warrant and represent that any and all information that you provide to Thorsen Legal and the Website is accurate and valid. You agree to comply in good faith with the terms of this Agreement.

You will not use the Website in any way that violates the rights of third parties, and you agree to comply with any and all applicable local, national, state, provincial, and international laws, treaties, and regulations. Given the global nature of the Internet, you agree to comply with all laws and rules where you reside or where you use the Website. The Website is operated in the United States and Thorsen Legal makes no representation that its Website or services or products are appropriate, lawful, or available for use in other locations.

You warrant and agree that you have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions. You warrant that you are a human individual that is eighteen (18) years of age or older. If you are under the age of eighteen (18) see the section, Child Online Privacy Protection Act, below. You warrant that you are not prohibited from assenting to this Agreement by any preexisting Agreement.

YOUR USE OF AND ACCESS TO THE WEBSITE AND THE WEBSITE CONTENT IS AT YOUR SOLE RISK.

Ownership of Website and License

You acknowledge and agree that Thorsen Legal is the owner of, or has rights in and to, the Website and its associated Site Content (defined below), including but not limited to all intellectual property rights inherent therein. The term “Site Content” includes all graphics, text, images, audio, videos, webinars, designs, compilation, advertising copy, articles, user interfaces, artwork, computer applications, (including source and object code) and other materials relating thereto and, and the design, structure, “look and feel” and arrangement of such content. The Website is protected by all applicable laws, intellectual property or otherwise, and you are expressly prohibited from using the Website for any purposes not explicitly stated in this Agreement. Specifically, and except where otherwise allowed under this Agreement, you are prohibited from, directly or indirectly, framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the Website, whether in whole or in part, without the prior written consent of Thorsen Legal.

Thorsen Legal hereby grants you a limited, non-exclusive, non-sub licensable, royalty free, non-assignable, and revocable license to use the Website for its customary and intended purposes. Violation of the terms of this Agreement or use of the Website for a use outside of its customary and intended purposes, such as, but not limited to downloading (other than page caching) or modifying the Website or any portion of it will result in the termination of this license. Absent prior written permission from Thorsen Legal, you are not permitted to reproduce, prepare derivative works, distribute copies, perform, display, or use for commercial purposes the Website or its content. This license is revocable at any time, and any rights not expressly granted herein are reserved to Thorsen Legal.

Intellectual Property

All trademarks (common law or registered) and copyrights (common law or registered) displayed on this Website are the property of their respective owners. Specifically, all photographs featured on the Website are copyrighted and owned by Thorsen Legal, unless otherwise stated. All Thorsen Legal marks are the property of Thorsen Legal, including, but not limited to the Thorsen Legal logo; as well as all other related Thorsen Legal marks and logos. The Website, including its look and feel, color selections, layout, and arrangement, is the trade dress of Thorsen Legal. You are prohibited from using Thorsen Legal’s trademarks, service marks, and trade dress, or any colorable imitation thereof, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services without the prior written consent of Thorsen Legal.

Unless otherwise specified in these Website Terms, all information and screens appearing on the Website, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are our sole property, Copyright © 2020 – Thorsen Legal PLLC.

DMCA Notifications

If you believe that any content available via the Website is the subject of copyright infringement and/or trademark infringement and appears on our Website, please provide Thorsen Legal’s designated agent (provided below) the following information:

  • a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site;
  • identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit Thorsen Legal to locate the material;
  • information reasonably sufficient to permit Thorsen Legal to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
  • a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law; and
  • a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Thorsen Legal’s designated agent for notice of claims of copyright or trademark infringement on the Website can be reached at info@thorsenlegal.com.
  • Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
  • User Submissions

You are responsible for any information, content and material that you submit, upload, post or otherwise make available on or through the Website, including but not limited to opinions, messages, comments, photos, videos, graphics, sounds and other content or material (each a “User Submission”). You have full responsibility for each User Submission you make, including its legality, reliability and appropriateness. Thorsen Legal, in its sole discretion, may remove any User Submission from the Site at any time. You expressly agree that you will not use the Website to violate any law, statute, ordinance, regulation, or treaty, to violate the rights of third parties, or for a use outside of the customary and intended purposes of the Website.

All User Submissions are subject to our Privacy Policy. You hereby consent to all actions taken by Thorsen Legal with respect to your User Submissions in compliance with the Privacy Policy. Thorsen Legal agrees to use any personally identifiable information contained in any of your User Submissions in accordance with the Privacy Policy.

Prohibited Uses

You acknowledge that the Website is not designed with security and access management for processing the following categories of information: (a) any personal information that imposes specific data security obligations on the processor of such data, including any “nonpublic personal information” as defined under the Gramm-Leach-Bliley Act, “protected health information” as defined under the Health and Insurance Portability and Accountability Act of 1996, and other similar information, however described, as defined under applicable law; (b) data that is classified and/or used on the United States Munitions list, including software and technical data; (c) articles, services, and related technical data designated as defense articles or defense services; and (d) ITAR (International Traffic in Arms Regulations) related data (each of the foregoing, individually and collectively, “Prohibited Content”). Accordingly, you agree that you will not provide Thorsen Legal with any Prohibited Content, whether directly or via the Website. You will ensure that none of your User Submissions constitute or contain any Prohibited Content.

In addition, you may not upload, post or otherwise make available on the Website any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any User Submission that you make. You further agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any User Submissions posted by you to or through the Website.

Mobile Devices

The Website is fully accessible via a mobile device. To the extent you access the Website through a mobile device, your wireless carrier’s standard charges, rates, and fees may apply. Thorsen Legal is not responsible for any fees or errors that occur while accessing the Website via mobile device.

Section 230 of Communications Decency Act

You acknowledge and agree that Thorsen Legal is an interactive computer service provider under Section 230 of the Communications Decency Act. Though Thorsen Legal may edit, remove, or control the content displayed through the Website, you agree that Thorsen Legal will not be considered an information content provider and will not be held liable for the republication of defamatory or tortious content created by third parties, whether through the Website or otherwise.

Third Party Links

You understand that the Website may contain links to third party websites, applications, or services that Thorsen Legal does not own or control (collectively, “Third-Party Sites”). You acknowledge and agree that these Third-Party Sites may have different privacy policies, terms and conditions, user guides, and business practices than Thorsen Legal. You further acknowledge that your use of any such Third-Party Sites is governed by, and you agree to comply with, the respective Third-Party Site’s privacy policy, terms and conditions, user guides, and business practices with respect to your access to and use of such Third-Party Sites.

Thorsen Legal provides links to the Third-Party Sites as a convenience, and Thorsen Legal does not verify, make any representations or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed or any other activities conducted on or through such Third-Party Sites.

YOU AGREE THAT THORSEN LEGAL WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY OWNER OR OPERATOR OF ANY THIRD-PARTY SITES.

You agree that Thorsen Legal’s inclusion of those websites, applications, or services within its Website does not constitute Thorsen Legal’s endorsement of, recommendation of, or affiliation with any of those websites, applications, or services.

No Endorsement

Sometimes the Website will refer to third-party commercial products, processes, services, names, and/or websites. Any reference is not intended to be an endorsement or statement that the information provided by the third-party is accurate. Thorsen Legal does not endorse any commercial product, process, service, name, or website. We are not responsible for the practices or policies of such third parties – link to third parties at your own risk.

Term and Termination

This Agreement will remain in full force and effect so long as the Website is in operation. Thorsen Legal may terminate this Agreement without liability at any time, without notice, and for any reason, including but not limited to for your violation of a term or condition of this Agreement.

Disclaimer of Warranties

THORSEN LEGAL DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE. THORSEN LEGAL PROVIDES THE WEBSITE AND THE SERVICES PROVIDED THROUGH THE WEBSITE FOR INFORMATIONAL PURPOSES ONLY AND ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, NON-INFRINGEMENT, OR QUALITY.

FURTHER, THORSEN LEGAL MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITE CONTENT, OR THAT THE QUALITY AND RELIABILITY OF THEREOF WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, BE VIRUS-FREE, OR PERFORM ERROR- AND DAMAGE-FREE. YOU ASSUME ALL RISK AND RESPONSIBILITY FOR ANY LOSS OR DAMAGE WHATSOEVER TO YOUR COMPUTER SYSTEM, DATA AND BUSINESS ARISING OUT OF YOUR USE OF THE WEBSITE OR WEBSITE CONTENT. THORSEN LEGAL WILL NOT BE HELD LIABLE FOR NETWORK, INTERNET, COMPUTER, HARDWARE, OR SOFTWARE PROGRAM MALFUNCTIONS, FAILURE, DELAYS, OR DIFFICULTIES WITH THE WEBSITE AT ANY TIME.

SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY.

THORSEN LEGAL WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY CONTENT POSTED ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ADVICE OR MARKETING PROVIDED BY ANY THIRD PARTY, ANY THIRD-PARTY LINKS POSTED ON THE WEBSITE, OR ANY CONTENT TRANSMITTED THROUGH THE WEBSITE. THORSEN LEGAL IS A SERVICE PROVIDER AND DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, ALTERATION, AND/OR DESTRUCTION OF IDENTITY. THORSEN LEGAL RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME.

Limitation of Liability

THORSEN LEGAL WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, OR EXEMPLARY DAMAGES. YOU UNDERSTAND AND AGREE THAT THE MAXIMUM AMOUNT THAT THORSEN LEGAL CAN BE HELD LIABLE TO YOU UNDER ANY CIRCUMSTANCE IS THE AMOUNT THAT YOU PAID, IF ANY, FOR SERVICES THROUGH THE WEBSITE, AND IN NO CASE WILL THAT AMOUNT EXCEED $100. IF NO AMOUNT IS PAID BY YOU TO THORSEN LEGAL, YOU AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW.

THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. THORSEN LEGAL IS NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES. IF YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR LEGAL RIGHTS UNDER THE LAW.

Indemnification

You agree to hold harmless, indemnify, and defend Thorsen Legal, its officers, employees, agents, successors, and assigns, from and against any and all claims, demands, losses, damages, rights, and actions of any kind, including, but not limited to, property damage, infringement, personal injury, and death, that either directly or indirectly arise out of or are related to your use of the Website, your use or provision of any services made through the Website, your reliance upon advice provided through the Website, your submission of User Submissions to the Website, your violation of any term or condition of this Agreement, your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party.

Your obligation to defend Thorsen Legal under the terms of this Agreement will not provide you with the right to control Thorsen Legal’s defense, and Thorsen Legal reserves the right to control its defense and choose its counsel regardless of your contractual requirement to indemnify Thorsen Legal.

No Assignment

You acknowledge and agree that you are prohibited from assigning your rights and obligations under this Agreement. Thorsen Legal may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of the Website.

Jurisdiction, Governing Law, and Resolution of Disputes

This Agreement will be interpreted, governed, construed, and enforce in accordance with the laws of the United States of American and the State of Texas without giving effect to any conflicts of laws principles. The parties submit to and agree to personal jurisdiction in Texas, with venue proper in Austin, Texas or in the Federal District Court for the Western District of Texas.

YOU AND THORSEN LEGAL AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOUR USE OF THE WEBSITE, OR THE PURCHASE OF SERVICES FROM THORSEN LEGAL, INCLUDING ANY DISPUTES CONCERNING THE VALIDITY, INTERPRETATION, VIOLATION, BREACH, OR TERMINATION OF THIS AGREEMENT. ARBITRATION UNDER THIS AGREEMENT WILL BE HELD IN AUSTIN, TEXAS AND IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATION PROCEEDING WILL BE DECIDED BY A SINGLE ARBITRATOR AND THE ARBITRATOR WILL DECIDE THE ARBITRATION PROCEEDING BY APPLYING THE LAWS AND LEGAL PRINCIPLES OF THE STATE OF TEXAS AND THE FEDERAL LAWS OF THE UNITED STATES. THE LOSING PARTY WILL BE REQUIRED TO PAY THE PREVAILING PARTY’S REASONABLE ATTORNEYS’ FEES. YOU AND THORSEN LEGAL AGREE THAT THE SITUS OF THIS AGREEMENT IS IN THE STATE OF TEXAS. YOU AND THORSEN LEGAL AGREE TO SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.

Severability

If any provision of this Agreement is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect.

Integration

Thorsen Legal hereby incorporates its Privacy Policy into this Agreement. This Agreement and its incorporated Privacy Policy constitutes the entire agreement between the parties with respect to the use of the Website and its associated services and products. You acknowledge and agree that any additional provisions that may appear in any communication from you will not bind Thorsen Legal.

No Waiver

You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.

Child Online Privacy Protection Act

If you are under eighteen (18) years of age but at least thirteen (13) years of age (a “Minor”), you must present this Agreement to your parent or legal guardian for their review and receive your parent’s or legal guardian’s permission to agree to these Website Terms. If you are the parent or legal guardian of a Minor accessing or using the Website, you hereby agree to bind such Minor to these Website Terms and to fully indemnify and hold harmless Thorsen Legal for any losses suffered as a result of your Minor’s breach of any of these Website Terms. The Website is not intended for use by anyone under the age of 13 (“Children”). If you are a Child, you may not access or use the Website at any time or in any manner or submit any information to Thorsen Legal via the Website or upload any content to the Website. Thorsen Legal does not knowingly collect or post information provided by Children. To learn more about children’s privacy and the Children’s Online Privacy Protection Act (COPPA), please visit http://www.coppa.org/coppa.htm. To find information on how to comply with COPPA, please visit the Federal Trade Commission’s FAQ page at https://www.ftc.gov/tips-advice/business-center/guidance/complying-coppa-frequently-asked-questions.

Limitation on Actions

THORSEN LEGAL AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE OR ANY SERVICES PURCHASED THROUGH THE WEBSITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.

YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST THORSEN LEGAL ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

Reservation of Rights

All rights not expressly granted herein are reserved to Thorsen Legal.

Merger Clause

These Terms of Use constitute the entire agreement between the parties. There are no understandings, agreements or representations with respect to the Website not specified here or incorporated herein. Thorsen Legal shall not be bound by any additional provisions that may appear in any communication from You.

Notice

Any notice required by this Agreement must be in writing and must be emailed to: info@thorsenlegal.com.