Terms & Legal Disclosures
The following terms and conditions (“Terms and Conditions”) govern your use of the World Wide Web Site located at https://prelitigation.com (this “website”). By accessing, viewing, or using the content, material, or services available on or through this website, you indicate that you have read and understand these Terms and Conditions, and that you agree to them and intend to be legally bound by them. If you do not agree to these Terms and Conditions, you are not granted permission to use this website and must exit immediately.
These Terms and Conditions may be changed at any time. Notice of any new or revised Terms and Conditions, as well as the location of the new or revised Terms and Conditions, will be posted on the website for at least 60 days after the change. It is the obligation of users visiting the website before the change to learn of changes to the Terms and Conditions since their last visit. Any change to these Terms and Conditions shall be effective as to any visitor who has visited the website before the change was made.
This website has been prepared solely for the purpose of providing information about Nelson, Cooper & Ortiz and the products and services offered by the company and its operating subsidiaries and affiliates. Without limiting the generality of anything else, Nelson, Cooper & Ortiz makes no commitment, and disclaims any duty, to update this website or any of the information obtained through this website, and it shall not be responsible for any errors or omissions in the website. Nelson, Cooper & Ortiz reserves the right to add, modify or delete any information on this website at any time, with or without notice.
Copyright and Other Proprietary Information:
Website text, graphics, design, selection and arrangement copyright ©2011 Nelson, Cooper & Ortiz, LLC, herein also known as Nelson, Cooper & Ortiz. All rights reserved. Nelson, Cooper & Ortiz also owns a copyright in the website as a collective work and/or compilation. Permission is granted to download and print materials from this website only for the purpose of viewing, reading, and retaining for reference the materials for personal, non-commercial purposes. Any other copying, distribution, or modification of or preparation of derivative works based upon, or any framing, capturing, harvesting, or collection of, or creating of hypertext or other links or connections to, this website or any materials on this site, whether in electronic or hard copy form, without the express prior written permission from Nelson, Cooper & Ortiz is strictly prohibited. Removing or altering any copyright notice or any other proprietary notice on any website materials is strictly prohibited.
All names, trademarks, service marks, symbols, slogans, and logos appearing on the website are proprietary to Nelson, Cooper & Ortiz or its licensors. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law.
Nelson, Cooper & Ortiz welcomes your feedback and suggestions about how to improve our products, information, and services and this website. By transmitting any suggestions, information, data, material, or other content (collectively, “Submissions”) to Nelson, Cooper & Ortiz, you automatically grant Nelson, Cooper & Ortiz the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform and display any or all of such Submissions (in whole or part) throughout the universe and to incorporate such in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Submission(s). Further, Nelson, Cooper & Ortiz is free to use any ideas, concepts, methods, know-how, techniques, and processes contained in any communications you send to this website for any purpose whatever, including, but not limited to, creating and marketing products, information, or services using such information.
Disclaimers; Disclaimers Regarding Other Servers and Web Sites:
This website, the website materials on and in and made available through this website, and the services, information, and products offered by Nelson, Cooper & Ortiz, and its operating subsidiaries and affiliates in connection therewith are made available “as is” and “with all faults.” Use of this website is entirely at your own risk.
Nelson, Cooper & Ortiz make no representations or warranties, and disclaim all representations and warranties, with respect to this website, the website materials on and in and made available through this website, and the services, information, and products offered in connection therewith, express or implied, written or oral, arising from course of dealing, course of performance, usage of trade, or otherwise, including, but not limited to, the implied warranties of merchant ability, fitness for a particular purpose, accuracy, systems integration, non-interference, quality, title, and non-infringement. The entire risk as to satisfactory quality, performance, accuracy, and effort with regard to any and all website materials on and in and made available through this website is with you.
Nelson, Cooper & Ortiz shall not be liable for any special, indirect, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatever, including, without limitation, lost revenues or lost profits, which may or do result from the use of, access to, or inability to use this website, the website materials on and in and made available through this website, or the services, information, and products offered in connection therewith, regardless of legal theory, whether or not any party had been advised of the possibility or probability of such damages, and even if the remedies otherwise available fail of their essential purpose. Under no circumstances will the total liability of Nelson, Cooper & Ortiz to you or any other person or entity in connection with, based upon, or arising from this website, the website materials on and in and made available through this website, or the services, information, or products offered in connection therewith exceed the price paid by you for use of this website.
Without limiting the generality of the foregoing, other sites that may be listed or linked in this website are not under the control of Nelson, Cooper & Ortiz. Accordingly, Nelson, Cooper & Ortiz can make no representation concerning the content of these sites to you, nor can the fact that Nelson, Cooper & Ortiz has given you this listing serve as an endorsement by Nelson, Cooper & Ortiz of any of these sites. Nelson, Cooper & Ortiz is providing links to these sites as a convenience to you. Nelson, Cooper & Ortiz has not tested any software that may be found on these sites and therefore cannot make any representations regarding the quality, safety or suitability of any software found there. There are inherent dangers in the use of any software found on the Internet, and Nelson, Cooper & Ortiz cautions you to make sure that you completely understand the risk before retrieving any software on the Internet. Nelson, Cooper & Ortiz is not responsible for any content, information, products, services, or software offered by any other party or at any other web site.
Nelson, Cooper & Ortiz has a Privacy Notice setting out Nelson, Cooper & Ortiz’s online information gathering and dissemination practices with respect to the website. The Privacy Notice is incorporated into these Terms and Conditions by reference, as if set forth fully herein.
Governing Law and Jurisdiction:
These Terms and Conditions, including, without limitation, the Privacy Notice, represent the entire agreement between you and Nelson, Cooper & Ortiz with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of Texas, without reference to its conflict of law rules; provided, however, that the terms of any applicable law now or hereafter enacted that is based on, derived from, similar to, or connected with the uniform computer information transactions act drafted by the national conference of commissioners on uniform state laws shall not apply except to the extent that the law expressly prohibits alteration by these terms and conditions of the applicability of one or more sections of the law.
By accessing, viewing, or using the works, content, or materials on this website, you consent to the exclusive jurisdiction of the federal and state courts presiding in Harris County, Texas, and agree to accept service of process by personal delivery or mail and hereby waive any and all jurisdictional and venue defenses otherwise available. This website is controlled and operated by Nelson, Cooper & Ortiz from its offices within the United States. Without limiting anything else, Nelson, Cooper & Ortiz makes no representation that the works, content, materials, services, information, or products available on, in, or through the website are appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access this website from other locations do so on their own volition and are responsible for compliance with applicable laws. The waiver or failure of Nelson, Cooper & Ortiz to exercise in any respect any right provided here under shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms and Conditions. Headings used in these Terms and Conditions, including, without limitation, the Privacy Notice, are for reference only and shall not affect the interpretation of these Terms and Conditions (or the Privacy Notice). The waiver or failure of Nelson, Cooper & Ortiz to exercise in any respect any right provided here under shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms and Conditions. Nelson, Cooper & Ortiz reserves the right to terminate your access to this website in the event that you violate these Terms and Conditions or for any reason whatever or no reason, with or without notice, in addition to any and all other remedies available at law or in equity.