Terms of Use

Terms of Use

Welcome to The Litaker Group web site (“Site”).  The Site is owned and maintained by The Litaker Group, LLC (“the LG”) and is subject to the following terms of use (“the Terms of Use”).  If you have any questions about these Terms of Use please contact us at the address noted at the end of this section.

USER AGREEMENT

Each visitor to the Site (“the User”) is encouraged to review the Terms of Use.  By using the Site, the User is agreeing to comply with the Terms of Use, and to comply with all applicable laws.  The User cannot change the Terms of Use.  If the User does not agree to the Terms of Use, then the User must not use the Site.

SCOPE

The Terms of Use apply to all LG web sites that are generally accessible by the public including this site and others that are created for and used by clients under contract with the LG.  The terms of use do not apply to web sites to which this web site may link.  If you choose to follow a link to another web site, please consult the terms of use for that site.

AMENDMENTS

The LG may amend the Terms of Use at any time without notice.  It is the responsibility of the User to periodically review the Terms of Use for changes.  When amendments are made, the “revised” date at the top of the Terms of Use will be amended accordingly.  Your continued use of the Site after an amendment constitutes your acceptance of the amendment.

LICENSE

Except as may be otherwise noted, the content and format of this Site is the exclusive property of the LG, and the LG maintains all of its copyright, trademark, and proprietary rights.  The LG grants the User a non-exclusive revocable license to access the Site in accordance with the Terms of Use.  If and to the extent that Site content is printed or transmitted by the User, all LG indications of ownership and rights appearing on the content must be maintained, and the Site must be cited as the source. In no event, however, may Site content be copied or used for commercial purposes competitive to the LG. Any other use except as described above is specifically prohibited.

PRIVACY

The LG Web Site Privacy Policy governs how the LG keeps and uses information that the User may provide while using the Site.

NO LEGAL ADVICE

Articles, information, and other materials or content posted on the Site are not intended to be and do not constitute legal advice under any circumstances, and no attorney-client relationship is formed with the User or with any other person.

NO BUSINESS RELATIONSHIP

No business relationship is created by the use of the Site or the submission of comments or materials to the LG.

NO WARRANTY / DISCLAIMER

The LG is not responsible for errors or omissions in content on the Site or obtained through the Site, or for the improper or incorrect use of information obtained on or through the Site.  The LG makes no warranty that content on the Site is free from copyright claims or other restrictions or limitations on free use or display.  The content provided on or through the site is provided “as-is” with all faults or defects.  The LG specifically disclaims any warranties, whether written or oral, expressed or implied, with respect to the correctness of the content provided on or through the site, including any implied warranties of merchantability or fitness for a particular purpose.  The LG disclaims liability for any direct, indirect, special, incidental, or consequential damages (including loss of business or profits, litigation, or other legal action), based on the user’s use of the site. The LG disclaims responsibility or liability for any damages to user caused by viruses contained within any electronic files on the site.

USER-GENERATED CONTENT

The Site may provide the User with the ability to generate content to the Site by submitting comments to the Site and responding to comments that are submitted by others and posted on the Site. The User should not submit information that the User considers confidential.  All of the User’s comments will be considered non-proprietary and the LG will not be required to treat the comments or the source as confidential.

The User is prohibited from submitting to this Site any information that is false, defamatory, or obscene; that is subject to the copyright of a third party and not “fair use” or that could give rise to civil or criminal liability.  The LG reserves the right to review the User’s comments prior to posting, and to exclude any comment for any reason or no reason, at the LG’s sole discretion. The LG also reserves to right to remove from the Site any of the User’s posted comments, or to terminate the User’s ability to submit comments to the Site, at any time for any reason or no reason, at the LG’s sole discretion.  The LG disclaims any liability related to any User-generated content, whether such liability arises under the laws of copyright, trademark, libel, privacy, obscenity, or any other law. (See section regarding notice of copyright infringement.)

PARENTAL CONTROL

The Site is not directed towards children less than 13 years of age, and the LG does not knowingly collect information from children under 13 years of age.  Pursuant to 47 USC § 230(d), the LG hereby notifies the User that parental control protections such as computer hardware, software, and filtering services are commercially available and may assist the User in limiting access to material that may be harmful to minors.  The LG specifically disclaims liability for the ineffectiveness of any parental control product acquired by the User or for any damages incurred by User or User’s minor children in using any such product in conjunction with the Site.

GENERAL COPYRIGHT

Except as may be otherwise noted, the content and format of this Site is the exclusive property of the LG, and the LG maintains all of its copyright, trademark, and proprietary rights.  The LG prohibits any copying or other use of its copyrighted material without its express written consent, except insofar as the material may be available as “fair use” under the Copyright Act.  To the extent that the LG web site may make use of materials in which third parties hold the copyright, the User must obtain the consent of the copyright holder for any further use.

NOTICE OF COPYRIGHT INFRINGEMENT

If a User believes that Site content (including but not limited to a User comment) infringes a valid copyright, the User is requested to notify the Site Administrator and to include the following information:  a description of the copyrighted material that the User claims to have been infringed; a description of the Site location(s) where the material at issue can be found; the User’s name, address, telephone number, and email address; and the User’s relationship to the copyright owner.  The Site Administrator is identified in Section 17.

LINKS TO OTHER WEB SITES

For your convenience, the Site may contain links to other web sites of interest that are not owned, controlled, or managed by the LG, including social media sites.  These non-LG web sites are subject to their own terms of use, and not to this Terms of Use.  The User is encouraged to review the Terms of Use of each web site visited.  The LG cannot and will not guarantee the accuracy, relevance, timeliness, or completeness of material on non-LG web sites, and disclaims any liability relating to the content of such web sites.   User specifically agrees that the use of any non-LG web sites is done at their own risk.

LINKS FROM OTHER WEB SITES

Other web sites may link to the Site, on the condition that the linking site notify the Site Administrator in advance, before the link is established.  The linking site must not remove or obscure LG proprietary notices, must not “frame” the Site or otherwise suggest that the content is not the property of LG, and must not contain material that is illegal or that is offensive in the sole judgment of LG.  The link must be removed immediately and without objection upon LG’s request, which may be for any reason or for no reason.

INDEMNIFICATION

The User agrees to indemnify, defend, and hold harmless the LG and its employees from any claim and expense (including court costs and attorney’s fees) incurred as a result of the User’s violation of the Terms of Use.

GOVERNING LAW, JURISDICTION, AND VENUE 

This Terms of Use is governed by the laws of the State of Texas, Travis County, without regard to any conflict of laws provisions.  The User agrees that that the courts of Travis County, Texas shall have jurisdiction over any action relating to the Terms of Use or this Site, and that the Travis County, Texas courts shall be the exclusive forum for any such action.

SITE ADMINISTRATOR

If you have questions regarding the Terms of Use, or wish to provide any notice to LG under the Terms of Use, please contact the Site Administrator by email at info@litakergroup.com or by regular mail or fax at:

 

Managing Director

The Litaker Group

P.O. Box 160505

Austin, Texas 78716-0505

Fax: (512) 402-5580