Terms of Use

Terms & Conditions

This following Agreement sets forth the Terms & Conditions of use for the web sites, www.texasaccidentinjury.com and www.shmfirm.com the public PERSONAL INJURY AND ACCIDENT web sites and firm websites of Simon Herbert & McClelland LLP, (“Simon Herbert & McClelland LLP” or “us” or “we” or “our” or “Attorneys”). The Terms & Conditions herein should be considered together with the Privacy Policy and Disclaimers also found on this web site.

By accessing this web site you as a user agree to, acknowledge, and understand the Terms & Conditions of use and represent by access to this web site your Agreement as set forth.

Agreement

  1. This web site www.texasaccidentinjury.com is maintained by Simon Herbert & McClelland LLP. The web site is intended to provide a general overview of information to the public about Texas accident and injury law. This website and its contents should not substitute for the advice of competent legal counsel. The information contained on this website is not a solicitation for legal services, nor is it an endorsement or recommendation of any attorney. The information contained on this website is not intended to be rendering legal, tax, insolvency, accounting, or other professional advice. As such, it should not be used as a substitute for consultation with professional tax, legal or other competent professional advisers. Simon Herbert & McClelland LLP is not responsible for any errors or omissions, or for the results obtained from the use of this web site information.
     
  2. As a user of this web site, your viewing and access is done at your own risk, and you acknowledge that you are a party who can legally enter into this agreement and/or contract under any applicable law. Minors are not allowed to use this web site.
     
  3. The materials and information provided on this web site are for general informational purposes only and may not be inclusive of or reflect any current legal developments or variations in the law(s) of different jurisdictions. The information on this web site is provided to the public as a convenience and any use is at your own risk. You should be aware that any relevant or potentially applicable laws and case law related thereto are ever changing, and local operating procedures in different jurisdictions vary dramatically and an attorney may be able to help you discern them. Although efforts are made to keep the information on this web site current, the information on the web site is not guaranteed to be accurate, correct, complete or up to date. This web site is updated periodically & therefore, any additional facts, new case law, actual changes in the law or other unforeseen developments may affect the information contained on this website. Although Simon Herbert & McClelland LLP makes some effort to provide current or updated information, there is no guarantee that the links, articles, or any of the other information provided is correct, complete, up-to-date, or useful to the viewer in any capacity.THE INFORMATION ON THIS WEB SITE MAY NOT BE UP TO DATE. YOU ARE ADVISED THAT YOU SHOULD NOT ACT OR RELY UPON ANY INFORMATION CONTAINED OR PUBLISHED ON THE WEB SITE AS THE INFORMATION CONTAINED ON THIS WEB SITE IS NOT A SUBSTITUTE FOR LEGAL ADVICE FROM A LICENSED ATTORNEY. YOU SHOULD SEEK AND RETAIN AN ATTORNEY TO GET SPECIFIC LEGAL ADVICE ABOUT YOUR PARTICULAR SITUATION.
     
  4. By voluntarily completing the web site contact forms and submitting information to Simon Herbert & McClelland LLP, you agree that we may use your contact information you provided and all information that may be submitted by you to our attorneys. You agree we may use the information within our law firm relating to any and all current or future services, and as otherwise provided in our Privacy Policy. You further agree and understand that an attorney or employee of Simon Herbert & McClelland LLP may contact you directly by telephone, via electronic mail (email), post mail, text message, or any other means provided in the submission form(s) or contact information submitted, should said attorneys have any interest in discussing your case with you. Under no circumstances shall Simon Herbert & McClelland LLP be obligated to release any submitted information to any other party without an order of Court or as may be required by law. Any information submitted and the follow-up contact or use thereof is within our sole discretion; and as such, no attorney or employee of Simon Herbert & McClelland LLP is obligated to contact you and it is within Simon Herbert & McClelland LLP’s sole discretion whether or not to contact you.
     
  5. Simon Herbert & McClelland LLP has a Privacy Policy which is incorporated into these Terms and Conditions by reference. Any personal information you submit on this Site is subject to our Privacy Policy. Simon Herbert & McClelland LLP may update or modify this Privacy Policy from time to time. If there are material changes to this Privacy Policy or in how we will use your personal information, the changes will be posted here on this web site.
     
  6. Any and all information submitted to Simon Herbert & McClelland LLP through this web site and/or by way of submitting information to, or using this web site in any capacity, you as a user agree, acknowledge, and understand, that you will not under any circumstances impersonate or falsify your identity or misrepresent your identity in any capacity, pretend to be someone else or pretend to be from, or affiliated with, an entity you don’t represent or that is fictitious. Moreover, you agree not to misidentify yourself or impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.  In the event you choose to submit information through this web site you agree that such information will be accurate, truthful, and correct and completed to the best of your knowledge reflecting your current situation. In the event you provide false, misleading, inaccurate, outdated, untruthful or incomplete information, Simon Herbert & McClelland LLP has the right to terminate your use of the website. The web site may only be used in good faith and may not be used to transmit or otherwise make available any false or misleading information or that you do not have a right to make available under any law, contract, or fiduciary relationship. Such information includes, but is not limited to inside information, proprietary information and confidential information learned or disclosed as part of an employment relationship or under nondisclosure agreements. You agree not to use this web site to threaten, abuse, harass or invade the rights of any person or entity, to infringe on any person or entity’s intellectual property rights, or in any other way that could reasonably be deemed unethical, illegal or offensive.
     
  7. As a user, viewer, or browser of this web site, you agree, acknowledge, and understand that you are strictly prohibited from using any elements of this web site in text or written form, visual elements including videos, photographs, or illustrations, or engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents or works held by individuals, corporations, or other entities. As a user, viewer, or browser of this web site, you further agree, acknowledge, and understand, that your will not engage in activity that violates privacy, publicity, or other personal rights of others. This web site contains certain content, trademarks, copyrights, and other information that is protected by applicable intellectual property and other laws. Nothing in these Terms and Conditions grants users, browsers, or viewers any rights to use disseminate or copy any of the content on this web site. Nothing in these Terms and Conditions should be construed to grant any licenses or rights in any way whatsoever including but not limited to, implied license, license by estoppel, intellectual property rights, or copyrights. As a user, viewer, or browser of this web site, you further agree, acknowledge, and understand that all rights, title and interest (including intellectual property rights, trademarks, copyrights, service marks, patents and any other intellectual property rights) contained in this web site belongs to, and/or is licensed to Simon Herbert & McClelland LLP. Nothing on this Site, including Content, graphics, or logos may be copied, photocopied, disseminated, reproduced, translated, or reduced to any electronic medium or machine-readable form, in whole or in part, without the express written consent of Simon Herbert & McClelland LLP. Except as may be authorized by the express written consent of Simon Herbert & McClelland LLP, you As a user, viewer, or browser of this web site, you further agree, acknowledge, and understand that may not modify, rent, lease, loan, sell, distribute, or create derivative works based on the Site or the software, in whole or in part, or in any capacity whatsoever.
     
  8. Simon Herbert & McClelland LLP does not endorse any of the links in the resource sections of this site. Additionally, Simon Herbert & McClelland LLP does not maintain or have professional affiliations with linked pages on this web site and therefore, has no control over what the linked sites contain, and does not take any responsibility for the content therein. Simon Herbert & McClelland LLP shall not be responsible for, and does not assume any liability for any errors, mistakes, inaccuracies, misstatements of law, misstatements of facts, defamation, negative or positive reviews, third party posts, omissions, falsehoods, obscenities, pornography or profanity in the statements, opinions, representations or any other form or type of content contained in or on any third-party content appearing or linked to or from this web site. You understand and agree that the information and opinions in or on the third-party content solely and entirely reflect and/or rep[resent the thoughts of the third-parties and author on the links therein and is neither endorsed by or necessarily reflects the beliefs or positions of Simon Herbert & McClelland LLP.
     
  9. Simon Herbert & McClelland LLP doesn’t warrant or represent that this web site is error-free, or that correct, accurate or up to date information is published herein. Simon Herbert & McClelland LLP doesn’t warrant that this web site is free from viruses, spyware, or any other harmful elements, or that any and all such elements or content will be corrected, timely or otherwise, if ever. Simon Herbert & McClelland LLP does not warrant that the web site information provided herein will be in any capacity usable, accurate, correct, timely, up to date, or otherwise reliable.
     
  10. As a user, browser, and/or viewer of this web site, you acknowledge, understand, and agree to indemnify and hold harmless, Simon Herbert & McClelland LLP, its attorneys, accountants, subsidiaries, officers,  directors, agents, affiliates, employees, contractors, third-party contractors, computer  and IT professionals, programmers, vendors, and others working with or at their direction from any and all claims, damages, liabilities, costs, or demands made by third parties, which go to include reasonable attorney’s fees as a result of, and/or arising out of use of this web site, any submissions made to or from, posts to or on or transmissions through this web site, as well and inclusive of any use of this web site, inclusive of any violations of this agreement by you or third parties, or your violation of any rights of another party or person, or arising from any and all such activities known or unknown that may be carried out by a person using this web site.
     
  11. YOU EXPRESSLY UNDERSTAND AND AGREE IN NO UNCERTAIN TERMS THAT:
     
    YOUR USE OF THE SITE IS AT YOUR SOLE RISK. ALL CONTENT AND SERVICES ON THE SITE IS PROVIDED SOLELY ON AN “AS-IS/AS-AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, Simon Herbert & McClelland LLP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR USE AND NON-INFRINGEMENT.

    Simon Herbert & McClelland LLP disclaims any and all warranties, whether express or implied, as to the usefulness or contents of any information or perceived service herein. Simon Herbert & McClelland LLP has offered no advice or any kind whatsoever herein, and if anyone reading any information in this site feels inclined to act based upon what they have read here, DO NOT take any action or omission without consulting an attorney and/or an accountant. Again, the information on this web site is not intended to create and does not constitute an attorney-client relationship or professional relationship between you the user and Simon Herbert & McClelland LLP, and receipt, review, browsing, viewing, or use of any kind whatsoever does not, cannot, and will not create or constitute an attorney-client relationship or professional relationship between Simon Herbert & McClelland LLP and the user or browser of this web site. Any communications over this web site may not be secure and as such may not be treated as privileged or confidential. Any reproduction, republication, retransmission, and/or distribution of material contained within the web site herein is prohibited unless prior written permission of Simon Herbert & McClelland LLP has been obtained.

    NO WRITTEN OR ORAL INFORMATION OBTAINED BY YOU FROM Simon Herbert & McClelland LLP OR THROUGH US OR FROM THIS WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.

  12. AS A USER OF THIS WEB SITE YOU EXPRESSLY AGREE AND UNDERSTAND THAT Simon Herbert & McClelland LLP WILL NOT AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, UNDER ANY THEORY OF LAW IN TORT, CONTRACT, OR OTHERWISE WHICH INCLUDES BUT IS NOT LIMITED TO ANY CLAIMED OR PERCIEVED DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, DATA, USE, FAILURE TO REALIZE EXPECTED SAVINGS, POTENTIAL TAX DEDUCTIONS, SAVINGS, OR CONSEQUENCES, OR ANY AND ALL OTHER INTANGIBLE LOSSES (EVEN IF Simon Herbert & McClelland LLP HAS BEEN ADVISED OF THE POSSIBILITY OR POTENTIAL OF SUCH DAMAGES) FOR ANY REASON(S) WHATSOEVER. Simon Herbert & McClelland LLP SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OF ANY KIND OR TYPE FROM USE, MISUSE, VIEWING, BROWSING, OR ANY USE OR RELIANCE OF INFORMATION THIS WEB SITE.

    CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN TYPES OR KINDS OF WARRANTIES OR THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITY FOR INCIDENTAL AND/OR CONSEQUENTIAL DAMAGES. AS SUCH, SOME OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. HOWEVER, TO THE EXTENT THAT THE LIMITATIONS OR EXCLUSIONS OF CERTAIN LIABILITY FOR INCIDENTAL AND/OR CONSEQUENTIAL DAMAGES MAY NOT BE WAIVED OR IMPOSED, YOU ACKNOWLEDGE, AGREE, AND UNDERSTAND THAT YOU WILL NOT USE THIS SITE.
     

  13. As a user, viewer, or browser of this web site, you agree, acknowledge, and understand that these Terms and Conditions constitute the entire agreement between Simon Herbert & McClelland LLP and user and govern the use of this web site which supersedes any prior agreements of any kind perceived, written, oral, or otherwise, if any, between User and Simon Herbert & McClelland LLP. Any failure of Simon Herbert & McClelland LLP to exercise any rights or provisions of the aforementioned Terms & Conditions shall not be considered or construed as a waiver of any such rights or provisions. Should any provision of the Terms & Conditions herein be unenforceable, 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 this Terms and Conditions shall remain in full force and effect.
     
  14. As a user, viewer, or browser of this web site, you agree, acknowledge, and understand that any results obtained depend on the facts of each case. Past performance of any successful outcomes or favorable results in previous cases is no guarantee of future results. Simon Herbert & McClelland LLP only considers employment in another state in association with co-counsel licensed in that state unless a particular matter or a legal forum allows admission of attorneys of Simon Herbert & McClelland LLP and said attorneys are, or become admitted. Simon Herbert & McClelland LLP attorneys are licensed to practice law in Texas only. Not licensed in any other states unless noted on the individual attorney’s profile. References to laws are limited to federal law and State of Texas laws. Some cases may be referred. Not certified by the Texas Board of Legal Specialization.
     
  15. Simon Herbert & McClelland LLP collects some information from users, viewers, and browsers. As a user, viewer, or browser of this web site, you agree, acknowledge, and understand that Simon Herbert & McClelland LLP attempts (but does not guarantee) to ensure that your private information you may voluntarily submit is secure. You can browse our web site at anytime without revealing any personal information about yourself. There are, however, areas on our web sites where we may collect personal information from you on a voluntary basis and for the purposes: (a) to process and fulfill your requests for inquiries as to Simon Herbert & McClelland LLP’s services; (b) to at times, solicit your opinions and other feedback; (c) to at times, conduct research; (d) to customize and add additional content; and, (e) to provide anonymous reporting for internal and external purposes. Personal information is information about you that is personally identifiable, such as your name, address, email address, or phone number that is not otherwise publicly available. Demographic information is all other information such as gender, zip code, or any information that is not tied to your personal information. As a user, should you submit a request to evaluate or review a case or inquire about a service or services offered by Simon Herbert & McClelland LLP, such information you provide may be used in order to respond to your inquiry.
     
  16. The privacy and confidentiality of your personal information are very important to us. We attempt to maintain physical, electronic, and procedural safeguards that comply with federal and all other applicable standards to guard personal information about you. We limit access to personal information to those employees and agents who assist us in providing requested products and services to you. In addition, we use industry standard data encryption technologies when transferring and receiving consumer data on our web site. Internet communications and e-mail are not fully secure or private. Moreover, the Internet is not a secure environment and e-mail sent could be intercepted and read by third parties. Please be advised that a response to email and/or an initial consultation form is not equivalent to legal representation by an attorney of Simon Herbert & McClelland LLP.
     
  17. As noted throughout this web site and restated again herein as follows: the transmission of information to a lawyer of Simon Herbert & McClelland LLP, or to any employee, accountant, or other representative of Simon Herbert & McClelland LLP does not create an attorney-client relationship and cannot be treated as privileged or confidential. You should not send time sensitive or confidential information via e-mail. Internet communications and e-mail are not fully secure or private. Please be advised that a response to email and/or an initial consultation form is not equivalent to legal representation by an attorney of Simon Herbert & McClelland LLP. To retain Attorneys Services you must execute a written retainer agreement which may be provided to you should you qualify for representation and the Attorney(s) of Simon Herbert & McClelland LLP choose to accept your case. All information sent via e-mail does not create an attorney-client relationship. Simon Herbert & McClelland LLP cannot enter into an attorney-client relationship with you via this web page; rather only after face to face in person contact, or after contact where your specific situation can be explained and ascertained in detail.
     
  18. The section numbers, headings, and tiles contained in this Terms and Conditions are merely for convenience and organizational purposes only and have no legal or contractual effect whatsoever.