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Terms

TERMS AND CONDITIONS OF USE AND ACCESS

General Provisions

Neither the Firm nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the Site for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any information available through this website meet your specific requirements.

The Firm is a Texas legal entity with a registered address of 11700 Preston Rd., Suite 660-382, Dallas, TX 75201. The Firm’s attorneys are not Certified by the Texas Board of Legal Specialization. Frank Sheeder is responsible for the content of the Site.

The Site and its content may be considered advertising in some jurisdictions. The Firm does not seek to represent any person or entity based upon that person’s or entity’s viewing the Site (or any portion thereof) in any jurisdiction where the website (or any portion thereof) does not comply with all of the laws and ethical requirements of that jurisdiction. The Firm’s lawyers do not seek to practice law in jurisdictions where they are not properly licensed to practice.

Privacy

Your use of the Site is subject to the Firm’s Privacy Policy. Please review our Privacy Policy below, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting the Site or sending emails to the Firm constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Children Under Thirteen

The Firm does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Site only with permission of a parent or guardian.

Links to Third Party Sites/Third Party Services

The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of the Firm and the Firm is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Firm is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Firm of the site or any association with its operators.

Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the the Site’s domain, you hereby acknowledge and consent that the Firm may share such information and data with any third party with whom the Firm has a contractual relationship to provide the requested product, service or functionality on behalf of the Site’s users.

No Unlawful or Prohibited Use/Intellectual Property

As a condition of your use of the Site, you warrant to the Firm that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of the Firm or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. The Site contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. The Firm’s content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of the Firm and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Firm or our licensors except as expressly authorized by these Terms.

Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense. Except as provided in these Terms, you may not use, download, upload, copy, modify, print, display, perform, reproduce, publish, license, rent, lease, loan, sell, assign, post, transmit, distribute, reverse engineer, create derivative works from, or otherwise exploit any Content or information from the website, in whole or in part, including without limitation by way of framing or hyper-linking, without the express permission of the Firm.

You may not under any circumstance:

  • Send unsolicited commercial email to the email addresses provided on the Site (spam, chain emails, advertising solicitations and similar email solicitations are expressly prohibited)
  • Delete, modify or attempt to change or alter any of the content on the Site
  • Use any device, software or routine that interferes with the proper functioning of the Site or servers or networks connected to it, or take any other action that interferes with other parties’ use of the Site
  • Use the Site or the content contained within, intentionally or unintentionally, in any manner inconsistent with or in violation of any applicable laws or regulations or in violation of the rules of any other website providers, websites, and other digital entities, including, without limitation, laws regarding import/export of technical data by virtue of your online transmission
  • Use any “robot”, “spider” or other automatic or manual device or process for the purpose of compiling information on the website for purposes other than for a generally available search engine.
  • Use any names, service marks, or trademarks in the Site without our prior written consent, including without limitation as metatags or hidden text.

International Users

The Service is controlled, operated and administered by The Firm from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the the Firm’s Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless the Firm, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any postings or communications made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Firm reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Firm in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in Dallas, Texas. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S SINGULAR OR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and The Firm agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE SHEEDER FIRM AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

THE SHEEDER FIRM AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE SHEEDER FIRM AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SHEEDER FIRM AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE SHEEDER FIRM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

The Firm reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, attorney-client, confidential, customer, client or agency relationship exists between you and the Firm as a result of this agreement or use of the Site. The Firm’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Firm’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by the Firm with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and the Firm with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Firm with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

The Firm reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. The Firm encourages you to periodically review the Terms to stay informed of our updates.

PRIVACY POLICY

Protecting private information is our priority. This Privacy Policy applies to the Site, and governs data collection and usage. For the purposes of this Privacy Policy, unless otherwise noted, all references to the Sheeder Firm include the Site and the Firm. The the Firm website is a Legal and Consulting firm site. By using the the Firm website, you consent to the data practices described in this statement.

Collection of your Personal Information

In order to better provide you with products and services offered, the Firm may collect personally identifiable information that you provide, such as your:

– First and Last Name

– Mailing Address

– E-mail Address

– Phone Number

– Submissions and emails to the Firm through the Site or otherwise.

We do not collect such personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain services. These may include sending us an email message or a message through the Site, or subscribing to our communications. We will use your information for, but not limited to, communicating with you in relation to information you have requested from us. We also may gather additional personal or non-personal information in the future.

How Your Personal Information is Collected.

We may collect personal information from you by telephone, text or email, in person or via the Site:

  • In the course of providing services to you, if you are one of our clients;
  • During the course of dealings with you for, or on behalf of, a client;
  • When you visit, make an inquiry or make an application for employment to us, including through our Website or otherwise;
  • When you attend a seminar or other event provided by us;
  • When you request to receive information from us;
  • When you offer or provide services to us, and/or
  • Additionally, when you contact us for these or any other reason, we may monitor and keep a record of that correspondence (in whatever form).

 

We may also collect information:

  • From publicly accessible sources (such as government databases or electronic data resources);
  • Directly from a third party (such as our clients or other firms, our service providers for the online services and our products and services, marketing and advertising partners); or
  • From a third party with your consent (such as your bank, financing partners, affiliate partners).

 

Information We Collect Through Automatic Data Collection Technologies.

As you navigate through and interact with the Site, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

  • Details of your visits to the Site, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Site.
  • Information about your computer and internet connection, including your IP address, operating system, and browser type.

The information we collect automatically is statistical data and does not include personal information. It helps us to improve the Site and to deliver a better service.

The technologies we collect through automatic data collection technologies may include cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of the Site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to the Site.

We may use third party analytics, including Google Analytics. You can opt out from the use of Google Analytics by downloading and installing the Google Analytics Opt-out Browser Add On.

Use of your Personal Information

The Firm collects and uses your personal information to operate and deliver the information you have requested or to which you have subscribed.

The Firm may also use your personally identifiable information to inform you of other products or services available from the Firm and its affiliates.

We may use personal information for the following purposes:

  • For the performance of a contract to which you are party or in relation to services being provided to our clients;
  • To respond to your requests;
  • To promote our services, including delivery of publications or information regarding events;
  • To comply with our legal and regulatory obligations;
  • For our legitimate interests or those of a third party, meaning we have a business or commercial reason to use the personal information and we can balance those needs with your interests, rights and freedom;
  • Where you have given consent; and/or
  • In relation to our recruitment and employment initiatives.

In addition to the foregoing, we may use your data for other related purposes which include maintaining our client relations and in relation to the furtherance and administration of our business:

  • To comply with our legal obligations, for example, to comply with Money Laundering Regulations or for fraud monitoring, and prevention;
  • To adhere to our business policies to ensure that we provide the best service to you and our clients;
  • To maintain the integrity and security of our IT services, to keep personal and confidential data safe;
  • To improve and further our business initiatives, such as to perform data analysis, audits, enhance, improve, or modify the Site or services; monitor client trends; determine the effectiveness of our promotional campaigns; and operate and expand our business activities;
  • For marketing purposes where you have provided your consent or where it is in our legitimate interests for us to provide you with information about our services and to advise you of news and industry updates, events, reports and other information; and/or
  • Where the processing is necessary for the establishment, exercise or defense of legal claims.

Who We Share Your Personal Information With.

We will not sell any of your personal data to any outside organization. We only disclose your personal data to third parties as is  reasonably necessary to carry out the permitted uses described in this policy. For example, we may share personal data with:

  • Employees, agents, consultants and sub-contractors who assist us in running our business;
  • Third parties engaged in the course of the services we provide to our clients including local counsel and technology service providers such as e-discovery or data room management services;
  • Third parties involved in hosting, organizing or providing services for events or seminars;
  • Third parties we use to help us run our business, such as benefits administrators, marketing agencies, website hosts, technical and customer support contractors, and other service providers who are required to keep the personal data confidential and are prohibited from using it other than to carry out their services on our behalf;
  • Our successors in the event of a sale, merger, acquisition, or similar transaction affecting the relevant portion of our business; and/or
  • Legal and governmental authorities or other third parties, to the extent required to comply with a legal order or applicable law.

We may also disclose personal information that we collect, or you provide, as described in this Privacy Policy:

  • If we believe disclosure is necessary or appropriate to protect our rights, property, or the safety of our company, our customers, or others; and/or
  • For any other purpose disclosed by us when you provide the information; or
  • With your consent.

We may transfer information about you between countries if required for a relevant purpose, as described above. These may include countries which do not provide the same level of protection as the laws of your home country.

The Firm may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to the Firm, and they are required to maintain the confidentiality of your information.

The Firm may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on the Firm or the site; (b) protect and defend the rights or property of the Firm; and/or (c) act under exigent circumstances to protect the personal safety of users of the Firm, or the public.

Tracking User Behavior

The Firm may keep track of the websites and pages our users visit within the Site, in order to determine what content is the most popular. This data is used to deliver customized content users whose behavior indicates that they are interested in a particular subject area.

Automatically Collected Information

Information about your computer hardware and software may be automatically collected by the Firm. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the Site, to maintain quality of the Site, and to provide general statistics regarding use of the the Site.

Use of Cookies

The the Firm website may use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize the Firm pages, or register with the Firm site or services, a cookie helps the Firm to recall your specific information on subsequent visits. This simplifies the process of recording your personal information. When you return to the same the Firm website, the information you previously provided can be retrieved, so you can easily use the the Site features that you customized.

You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Site.

Please be aware that we are not responsible for the content or privacy practices of such other sites to which the Site may contain links. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.

Security of your Personal Information

The Site endeavors to secure your personal information from unauthorized access, use, or disclosure, but cautions that your communications through the Site or by email are not confidential. You should not send us any information you consider to be confidential through the Site or by email.

We strive to take appropriate security measures to protect against unauthorized access to or alteration of your personal information. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) security, integrity, and privacy of any and all information and data exchanged between you and us through this Site cannot be guaranteed.

Right to Deletion

Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:

• Delete your personal information from our records; and

• Direct any service providers to delete your personal information from their records.

Please note that we may not be able to comply with requests to delete your personal information if it is necessary to:

• Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;

• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;

• Debug to identify and repair errors that impair existing intended functionality;

• Exercise free speech, ensure the right of another to exercise his or her right of free speech, or exercise another right provided for by law;

• Comply with the California Electronic Communications Privacy Act;

• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;

• Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;

• Comply with an existing legal obligation; or

• Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.

E-mail Communications

From time to time, the Firm may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication. In order to facilitate these activities, we may receive a notification when you open an email from the Firm or click on a link therein.

If you would like to stop receiving marketing or promotional communications via email from the Firm, you may opt out of such communications by clicking on the Unsubscribe Button.

External Data Storage Sites

We may store your data on servers provided by third party hosting vendors with whom we have contracted.

Changes to this Statement

The Firm reserves the right to change this Privacy Policy from time to time. Your continued use of the Site and/or Services available after such modifications will constitute your: (a) acknowledgment of the modified Privacy Policy; and (b) agreement to abide and be bound by that Policy.

Effective as of January 01, 2023