Terms of Use Agreement
Welcome to the Oppenheimer, Blend, Harrison and Tate, Inc. Website (“Site”). We maintain this Site as a service to the visitors of this Site. We provide the information and services at this Site to you subject to the following terms of use. By using our Site, you are agreeing to comply with and be bound by the following terms of use. If you do not agree to be bound by the following terms of use, do not use this Site. If the user is not an individual, then “you” means your company, its officers, members, agents, successors and assigns. Please review the following terms carefully.
1. Acceptance of Agreement. You agree to the terms and conditions outlined in this Terms of Use Agreement (the “Agreement”) with respect to the Site maintained by Oppenheimer, Blend, Harrison and Tate, Inc. (“OBHT”). This Agreement constitutes the entire and only agreement between OBHT and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, or services provided by or through the Site, and the subject matter of this Agreement. You acknowledge that neither OBHT nor anyone on OBHT’s behalf has made any representations, inducements, promises or agreements, orally or otherwise, to you relating to the subjects addressed by this user agreement that are not embodied herein. This Agreement may be amended at any time by OBHT from time to time without specific notice to you.
2. Site Content Not Legal Advice. The materials on the Site have been prepared by OBHT for informational purposes only and do not constitute legal advice, do not necessarily reflect the opinions of OBHT, its attorneys or any of our clients, and are not guaranteed to be correct, complete or up to date. You should not rely on any information on this Site without seeking the advice of a competent attorney licensed to practice law in your jurisdiction for your particular issue or case.
This information is not intended to create, and receipt of it does not constitute, a lawyer-client relationship.
Do not send us information until you speak with an OBHT attorney and receive authorization to send any information to OBHT. In the event you communicate with OBHT through this Site or otherwise in connection with any matter for which OBHT does not already represent you, your communication may not be treated as privileged or confidential. If you communicate with us by e-mail in connection with a matter for which OBHT represents you, please remember that e-mail via the Internet is not secure and you should not send sensitive or confidential Internet e-mail unless they are adequately encrypted.
3. Copyrights. The content of this Site is for your personal, noncommercial use. You acknowledge and agree that information presented to you through the Site, including text, graphics, design, logos, icons, images and software, and the arrangement and compilation of such content, are protected under applicable copyrights, trademarks, service marks, patents or other proprietary rights and laws.
4. Limited Right to Use. Except as stated herein, none of the material on the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of OBHT. However, you may print a copy of the information on this Site for your personal, non-commercial internal use or records. In so doing, you may not modify the materials and you agree to retain all copyright and other proprietary notices contained in the materials. This permission does not give you any ownership rights in the information and terminates automatically if you breach any of these terms or conditions. If you make any other use of this Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to penalties.
5. Trademarks. The trademarks, service marks and logos (the “Trademarks”) used and displayed on this Site are trademarks of OBHT. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site, without the written permission of OBHT. OBHT aggressively enforces its intellectual property rights to the fullest extent of the law.
6. Privacy Notice and Document Retention Policy. Under a federal law called the Gramm-Leach-Billey Act, law firms and other professionals who provide services related to your personal financial information are required to inform clients of their policies and practices regarding the privacy and security of your information. OBHT may receive personal financial information from its clients in the course of providing clients with advice on financial and related matters. Additionally, OBHT may assemble and maintain information relating to the legal services provided. If you are or become a client of OBHT, you should be aware that all information this firm receives from a client is held in confidence, and is not released to people outside the firm, unless agreed to by the client, or as allowed or required under applicable law and the rules of professional conduct governing the provision of legal services.
In order to protect a client’s non-public personal information, or the non-public information of business entities, OBHT maintains physical, electronic, and other safeguards that comply with professional standards and the requirements imposed under federal law.
Generally, OBHT retains information in its files until completion of the matter to which that information relates. Thereafter, those files may be purged and stored or returned to the client. OBHT may retain copies of files returned to clients. Generally, inactive files are maintained until OBHT determines that those files are no longer useful in rendering services to the client, or are not otherwise required in connection with our role as counsel or former counsel.
7. Use of Site and Conduct. Use of the Site is at the sole discretion of OBHT, who has the absolute right to deny you further use of the Site at any time, for any reason, with or without cause. Your use of the Site must always comply with applicable law. You agree not to use the information or materials available at the Site for illegal purposes, and to comply with all regulations, policies and procedures of networks connected to the Site.
You agree (i) not to use this Site to upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; (ii) not to interfere or disrupt this Site or any networks connected to this Site; (iii) not to use any device, software or routine or attempt to interfere with the proper functioning of this Site; (iv) not to take any action that imposes an unreasonable or disproportionately large load on our infrastructure; (v) not to use this Site to collect or harvest personal information; and (vi) not to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
8. Links to Other Websites. This Site may provide links to other Internet sites. OBHT is not responsible for the availability of such other sites and does not endorse and is not responsible or liable for any content, products or other materials available on such other sites. Links to external websites do not constitute an endorsement by OBHT of those sites or the sponsors of such sites or the content, products, advertising or other materials presented on such sites. Further, we reserve the right to terminate any link or linking program at any time. OBHT does not author, edit, or monitor these unofficial pages or links. You further acknowledge and agree that OBHT shall not be responsible or liable directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any information, goods or services available on or through any such site. If you decide to access any of the third party sites linked to the Site, you do this entirely at your own risk.
9. Indemnification. You agree to indemnify, defend and hold harmless OBHT, its attorneys and employees and other affiliates, from and against any and all liabilities, losses, claims and expenses, including without limitation, claims based upon the negligence of OBHT, its attorneys and employees and other affiliates arising from or related to your use of the Site, the materials it contains, and any sites linked to the Site.
10. NO WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THIS SITE, ANY SERVICES OBTAINED THROUGH THIS SITE AND ALL INFORMATION CONTAINED ON THIS SITE IS PROVIDED ON AN “AS IS” BASIS, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE EXPRESSLY DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUALITY, PERFORMANCE, NON-INTERFERENCE WITH INFORMATION, AND ACCURACY OF INFORMATIONAL CONTENT).
OBHT MAKES NO WARRANTY THAT USE OF THE SITE WILL BE INTERRUPTED, SECURE, OR ERROR-FREE. ADDITIONALLY, OBHT MAKES NOT WARRANTY THAT ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND WISH AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
11. Limitations and Exclusions of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT OBHT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, GOODWILL, USE DATA OR OTHER INTANGIBLE LOSSES, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF OBHT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR ANY OTHER MATTER RELATING TO THE SITE. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND OBHT. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
12. Exclusive Remedy. IF YOU ARE IN ANY WAY DISSATISFIED WITH THE SITE, OR ANY OF THE INFORMATION CONTAINED THEREIN, OR IF YOU REFUSE TO ABIDE BY THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE. NOTWITHSTANDING THE FOREGOING, IN NO CASE SHALL OBHT’S LIABILITY TO YOU EXCEED $100.00.
OBHT SHALL NOT BE LIABLE FOR ANY REPRESENTATIONS ON THIRD PARTY SITES IN RELATION TO THE INFORMATION PROVIDED IN THIS SITE.
13. Choice/Opt-out. If you choose to use the Site, you are given the opportunity to “opt-out” of having your information used for purposes not directly related to the Site at any time we ask for the information. Users who no longer wish to receive e-mail communications sent by OBHT may opt-out of receiving these by replying with the term “unsubscribe” in the subject line of the email.
14. User Representation. By agreeing to this Agreement, you are warranting that you are at least 18 years of old, and therefore, have the legal right to enter into this Agreement. You also are responsible for use of your account and password by minors that have access to your account.
15. Children’s Privacy. Protecting the privacy of children is very important to OBHT. This Site is not directed at children under the age of 13 and does not intentionally or knowingly collect personal information from children under the age of 13. To the extent OBHT has actual knowledge that it has obtained personal information about a child under the age of 13 through the Site, any such information will be permanently deleted from our records.
16. Editing, Deleting and Modification. OBHT reserves the right in its sole discretion to edit or delete any documents, information or other content appearing on the Site. Further, OBHT may update, revise, supplement, modify or amend this Agreement at any time. You agree that you will be bound by this Agreement, however and whenever it is updated, revised, supplemented, modified, or amended, whether you have actual or constructive notice of, and whether you have used or continue to use this Site after any updates, revisions, supplements, modifications or amendments
17. Entire Agreement. This Agreement constitutes the entire agreement between you and OBHT with respect to your use of the Site. There are no other representations, warranties, terms, agreements or conditions, either written or oral, with respect to your use of the Site except as set forth in this Agreement.
18. Severability. If any provision of this Agreement is deemed unlawful, void, voidable or unenforceable for any reason, then that provision shall be deemed severable from this Agreement and shall not affect the validity or enforceability of any remaining provisions.
19. Governing Law and Venue. This Agreement shall be treated as though it were executed and performed in Bexar County, San Antonio, Texas, and shall be governed by and construed in accordance with the law of the State of Texas (without regard to conflict of law principles). Any dispute or cause of action by you with respect to the Site (and/or information or services related thereto) must be brought within one year after the dispute or cause of action arose or be forever waived and barred. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in San Antonio, Bexar County, Texas. You expressly submit to the exclusive jurisdiction of said courts. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. OBHT’s failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
20. Termination. OBHT may terminate your right to use the Site, with or without cause at any time in its sole discretion. In the event of termination, all representations, warranties, indemnifications and promises made by you shall survive.