Wallace, Martin, Duke & Russell, PLLC
Last Updated and Effective as of: May 16, 2023
Wallace, Martin, Duke & Russell, PLLC (hereinafter, "The Company", "we", "our" or "us") is a Professional Limited Liability Company based in Little Rock, Arkansas. These Terms of Service apply to the website located at www.wmdrlaw.com and the forwarding site www.wallacelawfirm.com ("Website"), and the systems, applications, social media accounts, and other services (collectively, the "Services") made available by us. YOUR ACCESS AND USE OF THE SERVICES IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS (THE "TERMS AND CONDITIONS") AND ALL APPLICABLE LAWS. BY ACCESSING OR USING ANY PART OF THE SERVICES, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW, YOU MAY NOT USE ANY PORTION OF THE SERVICES.
THESE TERMS AND CONDITIONS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. PLEASE READ THEM CAREFULLY, SINCE THEY AFFECT YOUR LEGAL RIGHTS.
Authorized Use of Website: Our Website is provided for your personal and non-commercial use and for informational purposes only. Any other use of the Services requires the prior written consent of The Company.
Eligibility: We may, in our sole discretion, refuse to offer the Services to any person or entity and change the eligibility criteria for the Services at any time. We reserve the right to terminate access to Services for users who have been previously suspended or removed from the Services, or to terminate accounts for users who do violate these Terms and Conditions. You are solely responsible for ensuring that these Terms and Conditions are in compliance with all laws, rules and regulations applicable to you, and the right to access the Services is revoked where these Terms and Conditions or use of the Services is prohibited or to the extent offering, sale, or provision of the Services conflicts with any applicable law, rule or regulation.
Billing: The Company uses a third-party payment processor (the “Payment Processor”) to bill you when your use of the Services results in charges that need to be made to your credit card. The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for errors made by the Payment Processor. By making a purchase, you agree to pay, through the Payment Processor, any applicable fees in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.
Payment Method: The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, your purchase will be reversed and any purchases made through Our Website will be canceled or otherwise invalidated.
As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms and Conditions. You are responsible for all of your activity in connection with the Service.
Proprietary Rights: The Company is the owner of or otherwise licensed to use all parts of the Services, including all copy, software, graphics, designs and all copyrights, trademarks, service marks, trade names, logos, and other intellectual property or proprietary rights contained therein. Some materials on the Services belong to third parties who have authorized The Company to display the materials, such as certain third-party licensors. By using the Service, you agree not to copy, distribute, modify, or make derivative works of any materials without the prior written consent of the owner of such materials. Except as expressly set forth in these Terms and Conditions, no license is granted to you and no rights are conveyed by virtue of accessing or using the Services. All rights not granted under these Terms and Conditions are reserved by The Company.
No Ideas Accepted: We do not accept any unsolicited ideas to Our Website from outside the company, including, without limitation, suggestions about advertising or promotions, merchandising of any products, additions to our services, or changes in methods of doing business. We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea to this Website, you understand and acknowledge that such idea is not submitted in confidence and we assume no obligation, expressed or implied, by considering it. You further understand that we shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to us. Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, and or to the extent necessary for The Company to utilize your submission, you hereby grant The Company an irrevocable, perpetual, world-wide license to use the idea and any associated intellectual property in any manner, in any medium now known or hereafter developed, without compensation to you.
Third Parties: When you use the Services, Wallace, Martin, Duke & Russell, PLLC’s role is to provide our platform to help connect users with The Company. Please note that Wallace, Martin, Duke & Russell, PLLC does not provide, endorse, or guarantee any third-party product, service, or information. Wallace, Martin, Duke & Russell, PLLC is not directly affiliated with the vendors featured on the Website (including, without limitation, the Independent Vendors) and is not responsible for their products and services unless otherwise noted.
The Website may contain links to other websites not maintained by us. Other websites and apps may also reference or link to Our Services. We encourage you to be aware when you leave Our Website and to read the terms and conditions and privacy statements of each and every Websites that you visit. We are not responsible for the practices or the content of such other websites and apps.
No Warranties: WHILE THE COMPANY USES REASONABLE EFFORTS TO INCLUDE UP-TO-DATE INFORMATION ON OUR WEBSITE, EXCEPT FOR THE EXPRESS WARRANTIES STATED ON OUR WEBSITE, THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF INFORMATION ON OUR WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR USE OF OUR WEBSITE IS AT YOUR OWN RISK. OUR WEBSITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH OUR WEBSITE, IS PROVIDED "AS IS" AND THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON OUR WEBSITE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN OUR WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR THE USE OF OUR WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
IN NO EVENT WILL THE COMPANY BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY DIRECT DAMAGES EXCEEDING THE GREATER OF THE FEES YOU PAID TO THE COMPANY FOR PRODUCTS AND SERVICES IN THE TWELVE MONTHS PRECEEDING THE CLAIM OR ONE HUNDRED UNITED STATES DOLLARS.
Comments or materials posted by you.
• Certain pages on Our Website may allow you to post text comments, photos, videos, or other content (“User Content”). Unless otherwise specified, you may only post User Content to the Website if you are a resident of the United States and are eighteen (18) years of age or older. You may only post User Content that you created or which the owner of the User Content has given you permission to post. If User Content depicts any person other than yourself, you must have permission from that person or, if that person is a minor, permission from that person’s parent or legal guardian, before you post the User Content. You may be required to provide proof of such permission to The Company. You may not post or distribute User Content that is illegal or that violates these Terms and Conditions. By posting or distributing User Content to Our Website, you represent and warrant that (a) you own all the rights to the User Content or are authorized to use and distribute the User Content to Our Website and (b) the User Content does not and will not infringe any copyright, right of publicity, or any other third-party right nor violate any law or regulation.
• By submitting or posting User Content to Our Website, you grant The Company the irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt, and promote this User Content in any medium. Once you submit or post User Content to Our Website, The Company does not need to give you any further right to inspect or approve uses of such User Content or to compensate you for any such uses. The Company owns all right, title, and interest in any compilation, collective work, or other derivative work created by The The Company using or incorporating User Content posted to Our Website. You are solely responsible for anything you may post on Our Website and the consequences of posting anything on Our Website.
• Under no circumstances will The Company be liable in any way for any content or materials of any third parties, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that The Company does not pre-screen content, but that The Company and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via Our Website. Without limiting the foregoing, The Company and its designees will have the right to remove any content, including without limitation User Content, that violates these Terms and Conditions or is deemed by The Company, in its sole discretion, to be otherwise objectionable.
• We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communications posted on Our Website or endorse any opinions expressed therein. You understand that by using Our Website, you may be exposed to content that might be offensive, harmful, inaccurate, or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will The Company be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available on Our Website or broadcast elsewhere.
Digital Millennium Copyright Act ("DMCA") Notice: Materials may be made available via the Services by users and other third parties not within our control. We are under no obligation to, and do not, scan content posted on Our Website for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on Our Website.
If you believe any materials on Our Website infringe a copyright, you should provide us with written notice that at a minimum contains:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website is covered by a single notification, a representative list of such works at that website;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Changes: All information posted on Our Website is subject to change without notice. In addition, these Terms and Conditions may be changed at any time without prior notice. We will make such changes by posting them on Our Website. You should check Our Website for such changes frequently. Your continued access of Our Website after such changes conclusively demonstrates your acceptance of those changes.
Indemnification: You agree to indemnify, defend and hold harmless The Company, its employees, directors, officers, agents, business partners, affiliates, contractors, distribution partners, and representatives from and against any and all claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to (i) your use of the Services, (ii) any breach by you of any of these Terms and Conditions, and (iii) any violation of applicable law.
Severability: If any part of these Terms and Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms and Conditions, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
Waiver and Remedies: The failure of The Company to partially or fully exercise any rights or the waiver of The Company of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by The Company or be deemed a waiver by The Company of any subsequent breach by you of the same or any other term of these Terms and Conditions. The rights and remedies of The Company under these Terms and Conditions and any other applicable agreement between you and The Company shall be cumulative, and the exercise of any such right or remedy shall not limit The Company's right to exercise any other right or remedy.
Governing Law, Dispute Resolution, and Arbitration: The laws of the State of Arkansas shall govern these Terms and Conditions. While we will make reasonable efforts to resolve any disagreements you may have with The Company, if these efforts fail you agree that all claims, disputes or controversies against The Company arising out of these Terms and Conditions, or the purchase of any products or services ("Claims") are subject to fixed and binding arbitration (except for matters that may be taken to small claims court), no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third- party claims, interpleaders or otherwise; and Claims made independently or with other claims. The party filing an arbitration must submit Claims to the American Arbitration Association and follow its rules and procedures for initiating and pursuing an arbitration. Any arbitration hearing that you attend will be held at a place chosen by the American Arbitration Association in Travis County, Texas, or at some other place to which you and The Company agree in writing, and the arbitrator shall apply Texas law consistent with the Federal Arbitration Act. You shall not be entitled to join or consolidate Claims in arbitration by or against other users or to arbitrate any Claim as a representative or member of a class or in a private attorney general capacity. You may obtain copies of the current rules, and forms and instructions for initiating an arbitration by contacting the American Arbitration Association by using the contact information noted below.
American Arbitration Association
A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten (10) years’ experience or a retired or former judge, selected in accordance with the rules of the American Arbitration Association. The arbitration will follow the procedures and rules of the American Arbitration Association which are in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with these Terms and Conditions, in which case these Terms and Conditions will prevail. Those procedures and rules may limit the discovery available to you or us. The arbitrator will take reasonable steps to protect your customer account information and other confidential information if requested to do so by you or us. Each party to the arbitration will bear the expense of that party's attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. The arbitrator's award is final and binding on the parties unless we or you appeal it in writing to the arbitration firm within fifteen (15) days of notice of the award. The appeal must request a new arbitration before a panel of three neutral arbitrators designated by the American Arbitration Association. An award by a panel is final and binding on the parties after fifteen (15) days has passed. Any Claim you have must be commenced within one (1) year after the date the Claim arises. As noted above, you and The Company hereby voluntarily and knowingly waive any right either may have to a jury trial.
We will not choose to arbitrate any Claim you bring in small claims court. However, if such a Claim is transferred, removed, or appealed to a different court, we may then choose to arbitrate.
In the event this arbitration clause is not enforceable by the specified arbitration organization, the parties will mutually agree upon another arbitration organization that will enforce this clause.
Class Action Waiver: YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. CLAIMS AND REMEDIES SOUGHT AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE ACTION ARE SUBJECT TO ARBITRATION ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS, AND THE ARBITRATOR MAY AWARD RELIEF ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS.
LIABILITY WAIVER AND RELEASE OF CLAIMS: I acknowledge that I derive personal satisfaction and a benefit by virtue of my participation and/or voluntarism with The Company, and I willingly engage in The Company events and/or other activities.
RELEASE AND WAIVER: I HEREBY RELEASE, WAIVE AND FOREVER DISCHARGE ANY AND ALL LIABILITY, CLAIMS, AND DEMANDS OF WHATEVER KIND OR NATURE AGAINST THE COMPANY AND ITS AFFILIATES, INCLUDING IN EACH CASE, WITHOUT LIMITATION, THEIR DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, AND AGENTS (THE “RELEASED PARTIES”), EITHER IN LAW OR IN EQUITY, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSSES CAUSED BY THE NEGLIGENCE, FAULT OR CONDUCT OF ANY KIND ON THE PART OF THE RELEASED PARTIES, INCLUDING BUT NOT LIMITED TO DEATH, BODILY INJURY, ILLNESS, ECONOMIC LOSS OR OUT OF POCKET EXPENSES, OR LOSS OR DAMAGE TO PROPERTY, WHICH I, MY HEIRS, ASSIGNEES, NEXT OF KIN AND/OR LEGALLY APPOINTED OR DESIGNATED REPRESENTATIVES, MAY HAVE OR WHICH MAY HEREINAFTER ACCRUE ON MY BEHALF, WHICH ARISE OR MAY HEREAFTER ARISE FROM MY PARTICIPATION WITH THE ACTIVITY.