YOU AGREE THAT BY USING THE SITE, ANY FORMS, AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trial or class actions, and limits the remedies available to you.
Speakwiththrasher.com provides an online portal to give visitors access to personal consultations related to intellectual property and general business issues. This portal is also for individuals and businesses seeking business and personal advice in anticipation of future legal representation. You need not use, view, download or even interact with Speak With Thrasher website or any of its content.
The Speak With Thrasher Services also include a review of your answers for completeness, internal consistency of names, addresses, and for appropriateness of proceeding with scheduling an initial consultation. At no time do we review your answers for legal sufficiency, draw legal conclusions, provide legal advice, opinions or recommendations about your legal rights, remedies, defenses, options, selection of forms, or strategies, or apply the law to the facts of your particular situation.
Speak With Thrasher is not a law firm and may not perform services performed by an attorney. Speak With Thrasher and its Services are limited to issue spotting and budget planning, and are not a substitute for the advice or services of your attorney.
From time to time, Speak With Thrasher may perform certain attorney access services and introduce you to attorneys through various methods. At no time is an attorney-client relationship fostered or created with Speak With Thrasher through the performance of any such services.
This Site is not intended to create any attorney-client relationship, and your use of Speak With Thrasher does not and will not create an attorney-client relationship between you and Speak With Thrasher or Steven Thrasher.
When you access certain portions of the Site you must provide complete and accurate information as requested.
This Site and Forms are owned and operated by Speak With Thrasher LLC. All right, title and interest in and to the materials provided on this Site and Forms, including but not limited to information, documents, logos, graphics, sounds and images (the "Materials") are owned either by Speak With Thrasher. Any rights not expressly granted herein are reserved by Speak With Thrasher.
3. Links to Third Party Sites.
This Site and Forms may contain links to websites controlled by parties other than Speak With Thrasher ("Third Party Site"). Speak With Thrasher may provide links to resources with whom it is or is not affiliated. Speak With Thrasher is not responsible for and does not endorse or accept any responsibility for the availability, contents, or services of any Third Party Site, or any website accessed from a Third Party Site. Speak With Thrasher makes no guarantees about the content or quality of the products or services provided by such sites.
4. Use of Speak With Thrasher Forms.
As a service, you may be provided with "fill in the blank" forms. Use of a form document is neither legal advice nor the practice of law, and each form and any instructions or guidance is not customized to your particular needs.
5. DISPUTE RESOLUTION BY BINDING ARBITRATION
Please read this carefully. It affects your rights.
Most customer concerns can be resolved quickly by emailing our Customer Care at [email protected]. In the unlikely event that Customer Care is unable to resolve your complaint to your satisfaction (or if Speak With Thrasher has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or in small claims court rather than in a court of general jurisdiction.
For any non-frivolous claim that does not exceed $10,000, Speak With Thrasher will pay all costs of any arbitration. If you are claiming more than $10,000 in claims, then each party shall pay their own costs and attorney fees. The arbitrator shall apply the same limitations period that would apply in court.
You may speak with independent counsel before using this Site or completing any purchase.
(a) Speak With Thrasher and you agree to arbitrate all disputes and claims between us before a single arbitrator. The disputes and claims we agree to arbitrate are to be broadly interpreted. The Federal Arbitration Act (“FAA”) governs this provision, consistent with the American Arbitration Association (“AAA”).
(b) A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute ("Notice") to the other party. A Notice to Speak With Thrasher should be addressed to: Notice of Dispute, General Counsel, Speak With Thrasher LLC 2425 North Central Expressway, Richardson, Texas 75080 (the "Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought ("Demand").
You may download or copy a form to initiate arbitration from the American Arbitration Association ("the AAA") website at https://www.adr.org.
(c) Any small claims court proceedings or arbitration hearings will take place in Collin County, Texas. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator or by a telephonic hearing under the AAA Rules, and we may choose the manner of our own response.
6. Additional Terms. Some Speak With Thrasher Services may be subject to additional guidelines, rules or terms.
The Site contains links to other Web sites. We are not responsible for the privacy practices or the content of such Web sites. We may make chat rooms, forums, message boards, groups, and social media groups available to you. Please understand that any information that is disclosed in these areas becomes public information. We have no control over its use and you should exercise caution when deciding to disclose your Personal Information.
7. NO WARRANTY.
THE SITE, FORMS, AND ALL MATERIALS, OR DOCUMENTS PROVIDED ON OR THROUGH YOUR USE OF THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, SPEAK WITH THRASHER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
SPEAK WITH THRASHER MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE QUALITY OF ANY SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS.
OBTAINING ANYTHING THROUGH THE USE OF THE SITE OR FORMS IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK.
8. LIMITATION OF LIABILITY AND INDEMNIFICATION.
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD SPEAK WITH THRASHER AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF SPEAK WITH THRASHER HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF SPEAK WITH THRASHER, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
9. Unsolicited Submissions.
Except as may be required in connection with your use of Speak With Thrasher Services, Speak With Thrasher does not want you to submit confidential or proprietary information to us through this Site or any Forms. You acknowledge that you are responsible for the submissions that you provide.
10. Compliance with Intellectual Property Laws.
When accessing Speak With Thrasher or using the Speak With Thrasher Services, you agree to obey the law and you agree to respect the intellectual property rights of others. Copyright Infringement Notice: If you in good faith belief that your rights have been violated, you must provide identification of the copyrighted work claimed to have been infringed, and identification of the infringing item that is to be removed, and your contact information to: The above written information must be sent to our registered Copyright Officer: Copyright Officer c/o Speak With Thrasher, LLC 2425 North Central Expressway Richardson, TX 75080 mailto:[email protected]. You will receive additional instructions in compliance with Federal Law.
11. Personal Use.
The site is made available for your personal use on your own behalf, or for your personal business use on its behalf.
Minors are not eligible to use the Site.
13. Customers Needing Extra Assistance.
If you are unable to read any part of the Speak With Thrasher website, or otherwise have difficulties using the Speak With Thrasher website, please call 214-502-5923 and our customer care team will assist you.
14. Governing Law, Venue.
Any legal action or proceeding relating to your access to or use of the Site or Materials is governed by the Arbitration Agreement above. Laws of the United States, the State of Texas with venue in Collin County shall be the sole and exclusive jurisdiction and venue of the same.
All Site design, text, graphics, the selection and arrangement thereof, Copyright ©, Speak with Thrasher, LLC ALL RIGHTS RESERVED.
Speak With Thrasher, speakwiththrasher.com, along with logos, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of Speak With Thrasher. All other trademarks, names or logos cited herein are the property of their respective owners.
17. Use of Testimonials.
The Testimonials on the Site endorse Speak With Thrasher as customers and recipients of Speak With Thrasher, LLC services.
BY USING SPEAK WITH THRASHER'S SERVICES OR ACCESSING THE SPEAK WITH THRASHER SITE OR FORMS, YOU ACKNOWLEDGE AND ACCEPT THAT SUBMITTING YOUR TELEPHONE NUMBER TO SPEAK WITH THRASHER VIA THE SPEAK WITH THRASHER SITE OR FORMS CONSTITUTES AN INQUIRY TO SPEAK WITH THRASHER, AND THAT SPEAK WITH THRASHER MAY CONTACT YOU AT THE NUMBER SUBMITTED EVEN IF SUCH NUMBER APPEARS ON ANY STATE OR FEDERAL DO NOT CALL LISTS.
19. Right to Refuse.
You acknowledge that Speak With Thrasher reserves the right to refuse service to anyone and to cancel user access at any time.