This website (the “Website”) is the property of the Law Office of Nicholas J. Vail, PLLC, a Texas professional limited liability company (the “Firm”). Your use of the Website is subject to the following Legal Notices and Terms of Use (collectively, “Terms of Use”). By accessing or using the Website you signify that you have read, understand, and agree to be bound by these Terms of Use. The Firm reserves the right to modify these Terms of Use at any time, and you agree that you will be bound by these Terms of Use, however and whenever they are updated, revised, supplemented, modified, or amended, whether you have actual or constructive notice of, and whether you have used, or continue to use, the Website after the updates, revisions, supplements, modifications or amendments. If you do not agree with any of the following terms or conditions, you should cease use of this Website immediately:
1. NOT LEGAL ADVICE
The materials on this Website are made available by the Firm for informational purposes only and do not constitute legal advice. The information is not intended to create, and receipt of it does not create, an attorney-client relationship. The materials do not necessarily reflect the opinions of the Firm, its attorneys, or any of the Firm’s clients, and are not guaranteed to be correct, complete, or up-to-date. You should not act or rely upon any information on this Website without seeking the advice of a competent attorney licensed to practice law in your home jurisdiction. You should not, and are not authorized to, rely on the Website as a source of legal advice. THE LAW OFFICE OF NICHOLAS J. VAIL, PLLC EXPRESSLY DISCLAIMS ALL LIABILITY IN RESPECT TO ACTIONS TAKEN OR NOT TAKEN BASED ON THE CONTENTS OF THIS WEBSITE.
2. NO ATTORNEY-CLIENT RELATIONSHIP OR PRIVILEGE
YOUR USE OF THE WEBSITE DOES NOT CONSTITUTE, NOR CREATE, AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN YOU AND THE LAW OFFICE OF NICHOLAS J. VAIL, PLLC. ADDITIONALLY, THIS WEBSITE IS NOT AN INVITATION TO FORM AN ATTORNEY-CLIENT RELATIONSHIP AND THE ACT OF CONTACTING A FIRM ATTORNEY, OR RECEIVING A RESPONSE FROM THE FIRM IN ANY MEDIUM, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. If you wish to become a client of the Law Office of Nicholas J. Vail, PLLC, you must contact an appropriate Firm attorney, and negotiate an attorney-client relationship through the execution of an Engagement Agreement.
Unless you are a current client of the Firm, please do not send any confidential information by email or via the Website. If you are not a current client and send a communication to the Firm, you acknowledge that the Firm has no obligation to maintain the confidentiality of any information you submit to it and your communication may not be treated as privileged. Thus, by accessing this Website, you agree that the Firm may review any information you transmit to it and you recognize that the Firm’s review of your information, even if you submitted it in a good faith effort to retain the Firm, and even if you consider it confidential, does not preclude the Firm from representing another client directly adverse to you, even in a matter where that information could and will be used against you.
3. ATTORNEY ADVERTISING
This Website may constitute “Attorney Advertising” in certain jurisdictions. Please note: ATTORNEY ADVERTISTING: PRIOR RESULTS DO NOT GUARANTEE A SIMILAR
OUTCOME. To the extent the rules in your jurisdiction require the Firm to designate a principal office and/or a single attorney responsible for this Website, the Firm designates its office in Denver, Colorado as its principal office and designates Nicholas Vail as the attorney responsible for this Website.
4. TEXAS BOARD OF LEGAL SPECIALIZATION
Attorneys listed on this Website are licensed to practice law only in the specific jurisdictions listed in their biographies. Unless otherwise indicated, attorneys are not
certified by the Texas Board of Legal Specialization or the similar board of any other state.
5. LEGAL AND ETHICAL REQUIREMENTS
The Firm has endeavored to comply with all known legal and ethical requirements in developing this Website and does not desire to represent clients based upon their review of any portions of this Website which do not comply with the legal or ethical requirements of the jurisdiction in which the client is located.
6. JURSIDICTION
The Website can be accessed from all 50 states, as well as from other countries around the world, each of which may have laws and regulations that may differ from those of others. By accessing this Website, both you and the Firm agree that the statutes and laws of the State of Texas, without regard to conflicts of laws principles thereof, will apply to all matters relating to the use of this Website (whether grounded in tort, contract, law or equity). In the case of a dispute, you and the Firm agree any litigation arising between the parties hereto shall be brought only in the state or federal courts having subject matter jurisdiction in the County of Denver, Colorado. You and the Firm hereby irrevocably and unconditionally consent to the jurisdiction of any such court and hereby irrevocably and unconditionally waive any defense of an inconvenient forum to the maintenance of any action or proceeding in any such court, any objection to venue with respect to any such action or proceeding, and any right of jurisdiction on account of the place of residence or domicile of any party thereto.
The Firm makes no representation regarding accessing the materials on this Website from jurisdictions where their contents are illegal or prohibited. Those users who choose to access this Website from other jurisdictions do so at their own risk and are responsible for compliance with local laws and regulations.
7. INTELLECTUAL PROPERTY
Copyright © 2021 by Law Office of Nicholas J. Vail, PLLC. All rights reserved. You acknowledge that this Website may contain information, software, photos, video, text,
graphics, music, sounds, or other material provided by the Firm or third-parties that are protected by copyright, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now or here after developed. Unless otherwise specifically noted, images, trademarks, service marks, logos and icons displayed on the website are the property of the Firm and may not be used without our prior written consent.
Notwithstanding the above, reproduction of reasonable portions of the contents of this Website is permitted provided that (i) such reproductions are made available free of charge and for non-commercial purposes, (ii) such reproductions are properly attributed to the Law Office of Nicholas J. Vail, PLLC, (iii) the portion(s) of the Website being reproduced is not altered or made available in a manner that modifies the content of the Website or presents the portion of the Website being reproduced in a false light and (iv) notice is made to the disclaimers included on this Website. The permission to re-copy does not allow for incorporation of any substantial portion of the Website in any work or publication, whether in hard copy, electronic, or any other form or for commercial purposes absent prior written consent by the Firm.
8. THIRD-PARTY LINKS
The Website may provide, or third-parties may provide, links to other websites on the Internet or resources. Because the Firm has no control over such sites and resources, you acknowledge and agree that the Firm is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, services, products, or other materials on or available from such sites or resources. You further acknowledge and agree that the Firm shall not be responsible or liable, directly or indirectly, for any damage or loss caused by, or alleged to be caused by, or in connection with, use of or reliance on any such content, goods, or services available on or through any such site or resource.
9. RULES OF CONDUCT
You agree to comply with all applicable laws, rules, and regulations in accessing and/or using the Website and/or any material or information on it. In addition, your use of the Website is conditioned on your compliance with the following rules. You agree not to:
- Use the Website for any fraudulent or unlawful purpose;
- Impersonate any person or entity, including, but not limited to, any Firm employee, agent, or representative;
- Falsely state or otherwise misrepresent your identity or your affiliation with any person or entity, or express or imply that the Firm endorses any statement you make;
- Interfere with or disrupt the operation of the Website;
- Transmit or otherwise make available in connection with the Website any virus, worm, Trojan Horse, or other harmful code;
- Restrict or inhibit any other person or entity from using the Website, including by means of hacking or defacing any portion of the Website;
- Interfere with or violate any other Website visitor's or user's right to privacy or other rights, or harvest or collect personally identifiable information about website visitors or users, or about Firm attorneys, other employees and representatives identified on the Website, without their express consent;
- Sell, resell, transfer, license, or exploit for any commercial purposes any use of, or access to, the Website, its material, or information;
- Remove any copyright, trademark, or other proprietary rights notice from the Website or materials originating from the Website;
- Modify, adapt, translate, reverse engineer, de-compile, or disassemble any portion of the Website;
- Frame or mirror all or any part of the Website without the Firm’s prior express written authorization; or
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, scrape, data mine or in any way gather Website content or reproduce or circumvent the navigational structure or presentation of the Website without the Firm’s express written consent. Notwithstanding the foregoing, the Firm grants the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Website for the sole purpose of, and solely to the extent necessary for, creating publicly available searchable indices of such materials solely in connection with each operator’s public online search
service. The Firm reserves the right to revoke these exceptions either generally or in specific instances.
10. DISCLAIMER OF WARRANTIES
THE WEBSITE IS PROVIDED “AS IS” AND YOUR USE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE FIRM EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITATION, THE FIRM MAKES NO WARRANTY
THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS
OBTAINED FROM THE USE OF ANY INFORMATION FOUND ON THE WEBSITE WILL BE ACCURATE, RELIABLE, OR UP-TO-DATE, OR THAT THE QUALITY OF
ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS. ANY MATERIAL
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OR DOWNLOAD OF ANY SUCH
MATERIAL.
11. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE FIRM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF THE FIRM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iii) ANY OTHER MATTER RELATING TO THE WEBSITE. IN NO EVENT SHALL THE FIRM’S
TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND/OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT
LIMITED TO, NEGLIGENCE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE. YOU RELEASE THE FIRM, ITS OFFICERS,
EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, UNKNOWN AND KNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY PARTIES RELATED TO USE OF THE WEBSITE OR ITS CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH CASES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU AND THE FIRM CLAIMS PROTECTION UNDER THE FULLLEST EXTENT OF THE LAW.
12. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Law Office of Nicholas J. Vail, PLLC, its affiliates, suppliers, partners, shareholders, employees, representatives, and agents, from and against all claims, losses, costs, damages, liabilities, and expenses (including but not limited to attorneys fees) arising out of: (a) your use or activities in connection with the Website; (b) any violation of these Terms of Use by you; (c) any improper or unauthorized use of the Website materials or information; or (d) any allegation that anything you transmit through or in connection with the Website infringes or otherwise violates the copyright, trademark, trade secret, privacy, or other rights of any third-party.
13. MISCELLANEOUS TERMS
If any provision of these Terms of Use is held invalid, the remainder of these Terms of Use will continue in full force and effect. The Firm’s failure to exercise or enforce any right or provision of these Terms of Use does not constitute a waiver of any rights or provisions. No agency, partnership, joint venture, or employment is created as a result of your agreement with these Terms of Use or use of the Website and you may not make any representations or bind the Firm in any manner whatsoever. These Terms of Use are not assignable, transferable, or sub-licensable by you except with the Firm’s prior written consent.
14. COPYRIGHT NOTICE
The Firm respects the intellectual property rights of others. If you believe your copyrighted material has been infringed upon, please send written notice detailing the
same to:
Nicholas J. VailLaw Office of Nicholas J. Vail, PLLC
1700 Lincoln Street, Floor 17
Denver, 80203
Email: n.vail@vailpllc.com
Please include the following in your written notice:
- A detailed description of the copyrighted work you believe is being infringed upon;
- A description of the location on the Website where the alleged infringing content appears;
- Your contact information (including name, address, telephone number, and email address);
- A statement that you have a good faith belief that the alleged infringing use is not authorized by you as the copyright owner, your agent, or by law;
- A statement affirming that, under penalty of perjury, the information in the notice is accurate and that you are indeed authorized to act on behalf of the copyright owner; and
- An original signature of the copyright owner or someone authorized on the copyright owner’s behalf to assert infringement of the copyright as well as to submit the claim.
15. PRIVACY POLICY
The Firm’s Privacy Policy can be found here.
