Accounts and Security

To use certain Features, you may be directed to register with the site and create an account or otherwise provide us with certain information about yourself and your case (if applicable). By submitting your information through the Site, you grant DONALD R. PHILBIN, JR., P.C. a perpetual, irrevocable, royalty-free, non-exclusive license to use, reproduce, transmit, and display this information in connection with DONALD R. PHILBIN, JR., P.C.’s operation of the Site and/or performance of the Features for you and others you may designate.

You shall not (a) select or use the email address or user name of another person with the intent to impersonate that person, (b) use a name subject to the rights of any other person without authorization, (c) use an email address or user name that is profane, offensive or otherwise inappropriate or (d) allow any other party to use your account and/or password.

You agree to immediately notify us of any known or suspected unauthorized use(s) of your account or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your password. You understand and agree that you shall be liable for all activities that occur under any account created for your use, even if such activities were not committed by you. DONALD R. PHILBIN, JR., P.C. is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your password.

Privacy

All information about you and any information stored or transmitted in any way on the Site or through the use of the Features is subject to DONALD R. PHILBIN, JR., P.C.’s Privacy Policy.

Use of the Features

You shall comply with all applicable laws, statutes, ordinances and regulations in your use of the Features. DONALD R. PHILBIN, JR., P.C. may immediately terminate your account, or suspend your access to your account, in its sole discretion and without notice, for conduct that DONALD R. PHILBIN, JR., P.C. believes is: (i) illegal, fraudulent, harassing or abusive, (ii) a violation of these Terms of Service or any other policies or guidelines posted on the Site, or (iii) harmful to other users, third parties, or DONALD R. PHILBIN, JR., P.C.’s business. Use of an account for illegal, fraudulent or abusive purposes may be referred to law enforcement authorities without notice. In addition, DONALD R. PHILBIN, JR., P.C. may terminate your account if you file a claim against DONALD R. PHILBIN, JR., P.C., or a claim which in any way involves DONALD R. PHILBIN, JR., P.C.. Upon DONALD R. PHILBIN, JR., P.C.’s termination of your account for any of the forgoing reasons, (a) DONALD R. PHILBIN, JR., P.C. will have no obligation to notify any third parties regarding such termination, and (b) you will be responsible for any damages that may result or arise out of termination of your account.

You understand any information submitted about a case (“Case Information”) through the use of any of the Features is the sole responsibility of the person posting or transmitting such Case Information. You, and not DONALD R. PHILBIN, JR., P.C., are entirely responsible for all Case Information that you upload, post, email, transmit or otherwise make available on the Site or through the use of any of the Features. DONALD R. PHILBIN, JR., P.C. does not control the Case Information posted on the Site or transmitted through the use of any of the Features and, as such, does not guarantee the accuracy, reliability or quality of such Case Information. Further, you acknowledge that DONALD R. PHILBIN, JR., P.C. may or may not pre-screen Case Information that is displayed on the Site or transmitted through the use of any of the Features. Under no circumstances will DONALD R. PHILBIN, JR., P.C.be liable in any way for any Case Information including, but not limited to, any errors or omissions in any Case Information, or any loss or damage of any kind incurred as a result of the use of or your loss of use of any Case Information posted, emailed, transmitted or otherwise made available on the Site or through the use of any of the Features. You agree that DONALD R. PHILBIN, JR., P.C. may, in its sole discretion, refuse to post, store or transmit any Case Information submitted by you and may move, remove, edit or modify any such Case Information for any reason at any time.

You agree not to:

• upload, post, email, transmit, display on the Site or make available through the use of any of the Features (a) any information that is fraudulent, misleading, inaccurate, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, profane, indecent, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, including any communication that constitutes (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law, regulation or standard of conduct, (b) any information that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), (c) any information that infringes, violates, or misappropriates any patent, trademark, trade secret, copyright, privacy, publicity or other rights of any other person or entity, (d) any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, or (e) any material that contains any virus, Trojan horse, worm, time bomb or any other computer code, files or programs designed to damage, interfere with, intercept, misappropriate, gain control over or limit the functionality of any computer, computer network, communications device, communications system, data or personal information;
• use any of the Features to (i) harm minors in any way, (ii) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity, (iii) for any commercial purpose or the benefit of any third party or any manner not permitted by these Terms of Service, (iv) intentionally or unintentionally violate any applicable local, state, national or international law including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law, (v) provide material support or resources (or conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act, or (vi) stalk or otherwise harass another;
• remove any proprietary notices from the Site;
• attempt to hack the Site, or to defeat or overcome any encryption technology or security measures implemented by DONALD R. PHILBIN, JR., P.C. with respect any of the Features and/or data transmitted, processed or stored by DONALD R. PHILBIN, JR., P.C.;
• attempt to harvest or collect any information about or regarding other users of any of the Features including, but not limited, any personal data or information; and/or
• interfere with or disrupt any of the Features or servers or networks connected to or operated with any of the Features, or disobey any requirements, procedures, policies or regulations of networks connected to or operated with any of the Features.

You acknowledge, consent and agree that DONALD R. PHILBIN, JR., P.C. may access, preserve and disclose account information and/or Registration Information or Case Information that you provide if DONALD R. PHILBIN, JR., P.C. is required to do so by law or if it believes in good faith that such access, preservation or disclosure is reasonably necessary to (A) comply with legal process, (B) enforce these Terms of Service, (C) respond to claims that any Registration Information or Case Information violates the rights of any third parties, (D) respond to your requests for customer service, or (E) protect the rights, property or personal safety of DONALD R. PHILBIN, JR., P.C., its employees, partners, agents or members of the public.

Links to Other Websites

The Site may contain links to other Internet websites and resources. DONALD R. PHILBIN, JR., P.C. may provide links and, if it does so, they are merely as a convenience and the inclusion of any link does not constitute or imply any affiliation, endorsement or sponsorship by DONALD R. PHILBIN, JR., P.C. of such websites or any content contained therein. You acknowledge and agree that DONALD R. PHILBIN, JR., P.C. is not responsible or liable in any way for any content, advertising, services or goods on or made available from such websites or resources either via links provided by DONALD R. PHILBIN, JR., P.C. or by any user or third party.

Warranty Disclaimers

You understand that the processing and transmission of communications relating to the use of any of the Features may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting to various networks or devices. Therefore, you agree that DONALD R. PHILBIN, JR., P.C. will not be responsible or liable for the timeliness, deletion, mis-delivery or failure to store any data, information or content that you provide for display on the Site or for transmission through the use of any of the Features.

THE SITE AND THE FEATURES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, DONALD R. PHILBIN, JR., P.C. SPECIFICALLY DISCLAIMS ALL WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHER, THE INFORMATION ON THE SITE SHALL IN NO EVENT BE CONSIDERED OR RELIED UPON AS LEGAL ADVICE OR AS A SUBSTITUTE FOR SEEKING THE ADVICE AND CONSULT OF A LICENSED ATTORNEY.

DONALD R. PHILBIN, JR., P.C. makes no representation or warranty that (i) the Site or the Features will meet your expectations or requirements, (ii) the Site or the Features will be available, uninterrupted, timely, secure, accurate, complete or error-free, (iii) any results or information that may be obtained from the use of the Site or the Features will be accurate, timely, complete or reliable, (iv) any errors or defects in the Site or the Features will be corrected, or (v) the Site and the Features and/or the server that makes the Site and the Features available are free of viruses, clocks, timers, counters, worms, software locks, Trojan horses, trap doors, time bombs or any other harmful codes, instructions, programs or components. Operation of the Site and the Features may be interfered with by numerous factors outside of DONALD R. PHILBIN, JR., P.C.’s control including, but not limited to, telecommunications network disruptions. DONALD R. PHILBIN, JR., P.C. is not responsible and will have no liability for any failures of the Internet or any data or telecommunications equipment, system or network used in connection with the Site or the Features.

You acknowledge that the entire risk arising out of the use or performance of the Site or any of the Features remains with you to the maximum extent permitted by law.

Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you.

YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SITE OR ANY OF THE FEATURES IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE USE OF THE SITE AND THE FEATURES.

Limitation of Liability

IN NO EVENT SHALL DONALD R. PHILBIN, JR., P.C. OR ANY OF ITS DIRECTORS, OFFICERS, MEMBERS, OWNERS, EMPLOYEES, AGENTS, CONSULTANTS, PARENTS, AFFILIATES, SUCCESSORS, ASSIGNS OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, THE INABILITY TO USE, OR RELIANCE ON THE PORTAL INCLUDING, BUT NOT LIMITED TO THE FEATURES, OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, PROGRAMS OR INFORMATION, EVEN IF DONALD R. PHILBIN, JR., P.C. OR SUCH PERSON OR ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION. IN NO EVENT SHALL DONALD R. PHILBIN, JR., P.C. BE LIABLE FOR OR IN CONNECTION WITH ANY INFORMATION POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY VISITOR OR OTHER PERSON ON OR THROUGH THE FEATURES. IN NO EVENT SHALL THE TOTAL LIABILITY OF DONALD R. PHILBIN, JR., P.C. TO YOU OR ANY THIRD PARTY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED ONE HUNDRED DOLLARS ($100).

Features Limitation of Liability

DONALD R. PHILBIN, JR., P.C. HEREBY DISCLAIMS ANY LIABILITY TO YOU, THE PEOPLE YOU AUTHORIZE TO ACCESS YOUR ACCOUNT, OR ANY OTHER PARTY FOR ANY DAMAGES OR INJURY THAT MAY RESULT FROM THE USE OF OR INABILITY TO USE YOUR ACCOUNT INCLUDING, BUT NOT LIMITED TO ANY DAMAGES OR INJURY CAUSED BY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION SERVICE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE FEATURES UNDER ANY LEGAL THEORY OR CAUSE OF ACTION. NEITHER DONALD R. PHILBIN, JR., P.C. NOR ITS DIRECTORS, OFFICERS, MEMBERS, OWNERS, EMPLOYEES, AGENTS, SUPPLIERS, OR AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, THOSE ARISING OUT OF THE USE OF THE FEATURES OR INABILITY TO GAIN ACCESS TO OR USE ANY PERSONAL INFORMATION THROUGH THE FEATURES.

Some jurisdictions do not allow the exclusion of incidental or consequential damages or limitation of liability, so the above exclusions and limitations may not apply to you.

Termination

You agree that DONALD R. PHILBIN, JR., P.C., in its sole discretion and without notice or liability to you, may terminate your use of, or access to, the Site or any of the Features at any time under certain circumstances including, but not limited to, if DONALD R. PHILBIN, JR., P.C. believes in good faith that you have violated or acted inconsistently with these Terms of Service or any applicable law, rule or regulation or that you have engaged in conduct that DONALD R. PHILBIN, JR., P.C. determines to be inappropriate or unacceptable.

Indemnity

You agree to defend, indemnify and hold DONALD R. PHILBIN, JR., P.C. and its licensors, licensees, affiliated companies, and marketing partners, together with their respective employees, agents, directors, officers, owners, and members, harmless from and against any and all claims, actions, proceedings and suits and all related liabilities, losses, damages, judgments, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys’ fees and costs) arising out of (i) your use or misuse of the Site or any of the Features, (ii) your breach or alleged breach of these Terms of Service, (iii) your violation of any law, rule, regulation or rights of others in connection with your use of the Site or any of the Features, (iv) your use or disclosure of another person’s personal, financial or credit information or (v) the infringement, violation or misappropriation of any copyright, trade secret, or any other intellectual property rights or the violation of any property or privacy right arising from any of the information that you post on the Site or transmit through the use of any of the Features.

Copyright Infringement

DONALD R. PHILBIN, JR., P.C. respects the intellectual property rights of others and we ask our users to do the same. If you believe a user of the Site is infringing your copyright, please notify DONALD R. PHILBIN, JR., P.C. in accordance with the following procedure: All notifications of copyright infringement must be in writing and directed to DONALD R. PHILBIN, JR., P.C.’s designated agent at the following address, fax number or email address:

Donald R. Philbin, Jr.

P.O. Box 12367

San Antonio, Texas 78212

(210) 212-7118 Fax

don.philbin@ADRtoolbox.com

Each notification must include the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single website are covered by a single notification, a representative list of such works at that website, (iii) 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, and information reasonably sufficient to permit DONALD R. PHILBIN, JR., P.C. to locate the material, (iv) information reasonably sufficient to permit DONALD R. PHILBIN, JR., P.C. to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Miscellaneous

These Terms of Service, and any other agreement regarding the Features between you and DONALD R. PHILBIN, JR., P.C., constitute the entire agreement between you and DONALD R. PHILBIN, JR., P.C. with respect to your access and use of the Site and the Features and supersede all prior and contemporaneous agreements between you and DONALD R. PHILBIN, JR., P.C.. If any of the provisions of these Terms of Service is found by a court of competent jurisdiction to be invalid or unenforceable, then that provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect. DONALD R. PHILBIN, JR., P.C.’s failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. The laws applicable to the interpretation of these Terms of Service shall be the laws of the State of Texas, and applicable federal law, without regard to any conflicts of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Bexar County, Texas. You also agree that, in the event any dispute or claim arises out of or relating to your use of the Site or the Features, that you and DONALD R. PHILBIN, JR., P.C. will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unresolved for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, all parties shall join in mediation services in Bexar County, Texas with a mutually agreed mediator in any attempt to resolve the dispute. Should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then you agree that you will not be entitled to recover attorneys’ fees, even if you would otherwise be entitled to them.

If you have any questions about these Terms of Service or your rights or DONALD R. PHILBIN, JR., P.C.’s obligations relating to any of the Features, please contact us at:

Donald R. Philbin, Jr.

P.O. Box 12367

San Antonio, Texas 78212

(210) 212-7118 Fax

don.philbin@ADRtoolbox.com

This Site is a public resource for general information. Nothing in this Site should be used by the reader as a source of legal advice. Each legal problem is different, and past performance does not guarantee future results.

This Site does not create an attorney-client relationship between you and Donald R. Philbin, Jr. or Donald R. Philbin, Jr., P.C. (collectively, PHILBIN), nor is it intended to do so. Please do not act or rely on any information in this Site. Also, please do not send PHILBIN via e-mail any information about any legal matter that may involve you unless or until you have received a written statement from PHILBIN that we represent you. This written statement is called an “engagement letter.”

To the extent necessary, the attorney responsible for the content of the home page is Donald R. Philbin, Jr. Unless otherwise indicated, lawyers listed in this web site are not certified by the Texas Board of Legal Specialization.