Last updated on March 4, 2019
Forming an Attorney-Client Relationship with Us
Corresponding with us via this website and/or by email, phone, or in person does not create an attorney-client relationship. You must sign a written Engagement Letter with us and any conditions precedent specified under the Engagement Letter (e.g., paying a project fee or making an advance deposit) must be fulfilled in order to establish an attorney-client relationship with Cenkus Law.
A signed, written Engagement Letter forms the basis of the attorney-client relationship. If you do not have a signed Engagement Letter with Cenkus Law, you are not a client and you should not take anything you read on this website or hear from us in social media or anywhere else as advice for your specific situation. Even if you are a client, be careful not to rely upon general information we publish as specific advice for your unique situation.
General Use of This Website and Other Cenkus Law Services
We reserve the right to terminate access, refuse services, remove or edit content, and take any other steps to restrict your use of this website or any of our other websites or services at any time for any reason.
Information We Publish on This Website and Through Other Mediums
The information on this website is not intended to provide legal advice and should be used only for informational purposes. Many aspects of law are highly fact-dependent and subject to numerous exceptions and nuances. If you make decisions based purely on reading something we published, you run the risk of drawing wrongful legal conclusions from outdated or misapplied information. We encourage you to engage with an attorney if you have an important legal issue and need advice for your specific situation.
Limitations on Use
You agree not to violate the security of this website or attempt to gain unauthorized access to this website, content, computer systems or network connections to any server in association with Cenkus Law through password mining, hacking, or any other method.
Your use of this website or any other website or services we provide, and the information provided on or through them may not be unlawful or result in harm to Cenkus Law or any third-party.
DISCLAIMERS / LIMITATIONS OF LIABILITY
CENKUS LAW AND ITS AFFILIATES, INCLUDING ITS EMPLOYEES, OWNERS, OFFICERS, CONTRACTORS, ADVISORS, REPRESENTATIVES AND ALL OTHER RELATED PARTIES SHALL HAVE NO LIABILITY, CONTINGENT OR OTHERWISE, FOR THE COMPLETENESS, TIMELINESS, OR ACCURACY OF THE INFORMATION ON BUSINESSATTORNEYINAUSTIN.COM OR PROVIDED ON OR THROUGH ANY OTHER WEBSITE OR PUBLICATION FOR ANY ACTIONS YOU TAKE IN RELIANCE ON SUCH INFORMATION.
YOU AGREE THAT YOUR USE OF ANY INFORMATION WE PUBLISH IS AT YOUR OWN RISK. ALL INFORMATION WE PUBLISH ON THIS WEBSITE AND OTHERWISE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE,” “WITH ALL FAULTS” BASIS. WE DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, TO THE GREATEST EXTENT PERMISSIBLE BY APPROPRIATE LAW, INCLUDING MERCHANTABILITY OR IMPLIED WARRANTIES AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE INFORMATION WE PUBLISH. THE RISK AS TO WHETHER INFORMATION WE PUBLISH IS SATISFACTORY QUALITY AND EFFECTIVE INFORMATION RESTS ENTIRELY WITH YOU.
WE DO NOT GUARANTEE THAT THE INFORMATION, MATERIALS, CONTENT, AND OTHER SERVICES INCLUDED ON OUR WEBSITE OR OTHERWISE PROVIDED TO YOU BY OR THROUGH US ARE FREE OF RISK FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
REGARDLESS OF WHETHER THE DAMAGES WERE CAUSED BY (A) BREACH OF CONTRACT, (B) NEGLIGENCE, (C) BREACH OF WARRANTY, OR (D) ANY OTHER CAUSE OF ACTION, THESE LIMITATION AND EXCLUSIONS APPLY, TO THE EXTENT THAT SUCH EXCLUSIONS AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.
SOME STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES OR LIMITATIONS ON IMPLIED WARRANTIES. THEREFORE, SOME OR ALL OF THE ABOVE DISCLAIMERS, LIMITATIONS, OR EXCLUSIONS MAY NOT APPLY TO YOU, IN WHICH CASE YOU MAY HAVE ADDITIONAL RIGHTS. SEEK THE ADVICE OF A LAWYER (OTHER THAN CENKUS LAW) IF YOU WANT TO EXPLORE THESE ADDITIONAL RIGHTS.
Email and other forms of electronic communication are not a highly secure method of communication. You are communicating with us electronically when you send e-mails, text messages and other communications from your mobile device, desktop, or laptop, including submitting information through online forms on this website. Please be cautious of sending important and sensitive information electronically.
You consent to receive communications from us electronically and that all agreements, notices, disclosures and other communications that we send to you electronically will satisfy any legal requirements that such communications be in writing. Our communications with you will be received in a variety of ways including by email or posting notices or messages on our website at CenkusLaw.com.
Communications You Make to Us Outside of an Attorney-Client Relationship
You can only form an attorney-client relationship with us by signing a written Engagement Letter and by you fulfilling all conditions precedent in the letter (e.g., paying a project fee or a required deposit).
Communications you make to us prior to formation of an attorney-client relationship may have special protection under the law, but that is not guaranteed. While we are committed to treating pre-engagement communications with as confidentiality as possible, if you disclose something to us that we believe is pertinent to a current Cenkus Law client’s matter (e.g., the counterparty to your dispute or legal issue), we may have an obligation to inform our client.
If we have an attorney-client relationship with you, the aforementioned situation will not occur, because we will have performed a conflict check prior to beginning the engagement. Therefore, do not disclose any information to us that could harm your matter before we perform a conflict check and enter into an attorney-client relationship.
All information included on this website or otherwise made available to you by us, such as graphics, logos, audio clips, button icons, data compilations, software, images and digital downloads, is the property of Cenkus Law and is protected by United States and international copyright laws.
Other than “fair use” as constituted according to United States copyright law, you agree not to reproduce, republish, or in any other way distribute any portion of the information we publish.
Logos, graphics, icons, scripts, and service or product names that are made available or included in this website are trademarks or trade dress of Cenkus Law. There is nothing contained in this website or in any other website or offering we make available to you that grants you permission, right or license to use any trademark or trade dress without prior written permission from Cenkus Law. Our trade dress and trademarks may not be used in connection with any service or product that is not our own or in any manner that is likely to cause confusion among potential customers, or in any way that disparages or discredits Cenkus Law.
Without our prior permission to do so, you may not employ any framing techniques to enclose any logo, trademark, or other proprietary information including, images, page layout, forms, or text, of Cenkus Law. We also do not allow you to utilize any meta tags or other “hidden text” using our name or trademarks without our prior written permission.
We respect all intellectual property rights. If you believe this website infringes on your work and rights, please email us at email@example.com.
If you are under the age of 18, do not use this website for any reason.
We may provide links to third-party websites from our website, but we do not endorse any third-party website or content. These links are provided for your convenience and are beyond our control. We make no representation as to the content, security and privacy of third-party websites. Your use or reliance on an external link and the content accessed from such links is done so at your own risk.
Remedies for Violations
The laws of the State of Texas shall govern any dispute or claim relating in any way to your use of this website or your relationship with Cenkus Law, without regard to its conflict of laws principles.
You agree that any dispute related in any manner whatsoever to this website or our relationship with you shall first be submitted to one day of non-binding mediation, which shall be conducted in Austin, Texas by a single mediator. You and Cenkus Law will mutually select the mediator. If you cannot agree on a mediator, we will ask National Arbitration and Mediation (namadr.com) to select the mediator.
If we are unable to resolve a dispute through non-binding mediation, we both agree that the dispute will be resolved by Open Arbitration performed by NAM (namadr.com).
We will split the cost of the mediator, arbitrator, and mediation and arbitration facilities. We will be responsible for our own respective costs, including attorney’s fees, travel costs, and preparation fees.
We both agree that either one of use may bring suit in court for injunctive relief (as available) without attending mediation and arbitration first.
Failure by either of use, by any means, to act with resect to a breach by the other does not constitute a waiver of rights to act with respect to subsequent or similar breaches.
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