© 2008 - 2018 by Shumway Van.

San Antonio Office:

310 South St. Mary’s Street, Suite 2100

San Antonio, Texas 78205

Ph: (210) 503-2800

Las Vegas Office:

8985 S. Eastern Ave., Suite 100
Las Vegas, Nevada 89123

Ph: (702) 478-7770

Salt Lake City Office:

8 East Broadway, Suite 550
Salt Lake City, Utah  84111
Ph: (801) 478-8080

St. George Office:

368 E. Riverside Dr., Suite 3A
St. George, Utah 84790
Ph: (435) 767-9639

Call (435) 767-9639 to speak with an attorney in St. George.
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TERMS OF USE AGREEMENT

 

This Terms of Use Agreement (“Agreement”) constitutes a valid, binding contract between you and Shumway Van, a Nevada limited liability company (“Shumway Van”), the owner and operator of this site, with respect to the use of this website (the “Site”). The information provided on this site is provided subject to compliance with the terms of this Agreement. YOUR USE OF THIS SITE SIGNIFIES AND CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT, AS IT MAY BE AMENDED FROM TIME TO TIME. Please read this Agreement carefully as it forms a binding contract between you and Shumway Van. Please print a copy of this agreement for your records.

 

ALL SHUMWAY VAN LAWYERS, UNLESS OTHERWISE INDICATED, ARE NOT CERTIFIED BY THE TEXAS BOARD OF LEGAL SPECIALIZATION.

 

The facts and results of each case will vary, and no particular result can be guaranteed.

 

Site Content Not Legal Advice

 

These materials have been prepared by Shumway Van for informational purposes only and do not constitute legal advice, do not necessarily reflect the opinions of Shumway Van, its attorneys or any of our clients, and are not guaranteed to be correct, complete, or up-to-date. The laws of other states and nations may be entirely different from what is described in this Site. Because of these differences, you should not act or rely on any information on this Site without seeking the advice of a competent attorney licensed to practice law in your jurisdiction for your particular problem. Shumway Van has endeavored to comply with all legal and ethical requirements in developing this Site and does not desire to represent clients based upon their review of any portions of this Site which do not comply with the legal or ethical requirements of the jurisdiction in which the client is located.

 

This information is not intended to create, and receipt of it does not constitute, a lawyer-client relationship.

 

Do not send us information until you speak with an individual attorney and receive authorization to send that information to Shumway Van. Our attorneys would be pleased to communicate with you by e-mail. However, if you communicate with Shumway Van through this Site or otherwise in connection with a matter for which Shumway Van does not already represent you, your communication may not be treated as privileged or confidential. If you communicate with us by e-mail in connection with a matter for which we already represent you, please remember that Internet e-mail is not secure and you should avoid sending sensitive or confidential Internet e-mail messages unless they are adequately encrypted.

 

Use of Site

 

Your use of the Site is at the sole discretion of Shumway Van, who may deny you further use of the Site at any time, for any reason, with or without cause. Your use of the Site does not entitle you to continued use of the Site.

 

Your use of the Site must always comply with applicable law. In particular, but without limitation, you agree not to use the Site to:

 

(a)    impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity;

 

(b)    upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

 

(c)    upload, post, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; or

 

(d)    upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, network, hardware or telecommunications equipment.

 

Shumway Van makes no representation regarding accessing the materials on this Site from jurisdictions where their contents are illegal or prohibited. Those users who choose to access this Site from other jurisdictions do so at their own risk and are responsible for compliance with local laws and regulations.

 

Intellectual Property Rights

 

The Site is protected by copyright, trademark, trade dress and other intellectual property rights.

 

(a)    Shumway Van grants you a personal, revocable, non-transferable, and non-exclusive right and license to use the object code of the Site on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software for the Site except and only to the extent that such activity is permitted by applicable law notwithstanding this limitation.

 

(b)    The logos, and other service marks and service names of Shumway Van (“Marks”) are owned or licensed by Shumway Van. You agree not to copy, display or otherwise use any of the Marks without the prior written permission of Shumway Van. Notwithstanding the foregoing, the Marks may not be used in any manner likely to cause confusion, disparage or dilute these marks and/or in connection with any product or service that is not authorized or sponsored by Shumway Van.

 

(c)    The entire Site, and all object code and source code, text, graphics, multimedia content, including but not limited to images, illustrations, html and other markup languages, and all scripts within the site associated therewith, are Copyright 2018, Shumway Van. All rights reserved. The copyrighted and proprietary property of Shumway Van may not be duplicated or used without Shumway Van’s express prior written consent.

 

Personal Use of Contents

 

The content of the Site is for your personal, noncommercial use. Content copied, downloaded or printed must retain all the copyright, trademark and other proprietary notices. For commercial use of any portion of the contents you must secure the written consent from Shumway Van.

 

Privacy Notice and Document Retention Policy

 

Under a the Gramm-Leach-Bliley Act, professionals who provide services related to personal financial information are required to inform clients of their policies and practices regarding the privacy and security of your information. Since you have chosen to access our Site, we are providing the following information to you:

 

In the course of providing clients with advice on financial and related matters, Shumway Van may receive personal financial information from clients. In addition, Shumway Van may assemble and maintain information relating to the services provided. The information that Shumway Van may assemble and maintain may be obtained from the client, created as a result of the services provided, or received from third parties. If you were, are or become a client of Shumway Van, you should know that all information that our firm receives from a client is held in confidence, and is not released to people outside the firm, except as agreed to by the client, or as allowed or required under applicable law and the rules of professional conduct governing the provision of legal services.

 

For clients of Shumway Van, our firm will retain records relating to the services that Shumway Van provides so that our attorneys will be better able to assist clients with their needs, and in some cases, to comply with professional standards. In order to protect client’s nonpublic personal information, or the nonpublic information of business entities, Shumway Van maintains physical, electronic, and procedural safeguards that comply with professional standards and generally exceed the requirements imposed under federal law.

 

Generally, Shumway Van retains information in its files until completion of the matter to which that information relates. Thereafter, those files may be purged, placed in storage, or returned to the client. Shumway Van may retain copies of files. Files retained by Shumway Van after completion of a matter are not retained or marked for destruction in accordance our policies. Inactive files are maintained until Shumway Van determines that those files are no longer useful in rendering legal services to the relevant, or are not otherwise required in connection with our role as legal counsel.

 

Links to Other Sites

 

The Site may contain links to third party websites. Those links, if any, are provided as citations and aids to help you identify and locate other resources that may be of interest, and are not intended to state or imply that Shumway Van sponsors, is affiliated or associated with, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. Shumway Van is offered no compensation or remuneration from the organizations linked to the website. Shumway Van makes no warranties, explicit or implied, regarding the performance of the links, the performance of the outside sites or the contents of the outside sites. If you decide to access linked third-party websites, you do so at your own risk.

 

Indemnification

 

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS Shumway Van, ITS ATTORNEYS AND EMPLOYEES AND OTHER AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING WITHOUT LIMITATION CLAIMS BASED UPON THE NEGLIGENCE OF Shumway Van, ITS ATTORNEYS AND EMPLOYEES AND OTHER AFFILIATES ARISING FROM OR RELATED TO YOUR USE OF THE SITE, THE MATERIALS IT CONTAINS, AND ANY SITES LINKED TO THIS SITE.

 

Disclaimer of Warranties; Limitations and Exclusions of Liability

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

 

(a)    YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Shumway Van EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, QUALITY, PERFORMANCE, NON-INTERFERENCE WITH INFORMATION, AND ACCURACY OF INFORMATIONAL CONTENT. THERE IS NO WARRANTY THAT INFORMATION PROVIDED ON THE SITE WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS.

 

(b)    SHUMWAY VAN MAKES NO WARRANTY THAT:

 

(1)  YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,

 

(2)  THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR

 

(3)  THE QUALITY OF ANY INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

 

(c)    ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

 

(d)    NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Shumway Van OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT Shumway Van SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Shumway Van HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

 

(a)    THE USE OR THE INABILITY TO USE THE SITE;

 

(b)    UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;

 

(c)    STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR

 

(d)    ANY OTHER MATTER RELATING TO THE SITE.

 

IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY OF THE INFORMATION CONTAINED THEREON, OR REFUSE TO ABIDE BY THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE. NOTWITHSTANDING THE FOREGOING, Shumway Van’S LIABILITY TO YOU SHALL IN NO CASE EXCEED $100. YOU FURTHER AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST Shumway Van ARISING OUT OF THE USE OF THE SITE.

 

Shumway Van SHALL NOT BE HELD LIABLE FOR ANY REPRESENTATIONS ON THIRD PARTY SITES IN RELATION TO THE INFORMATION PROVIDED IN THIS SITE.

 

Children’s Privacy

 

This Site is not directed at children under the age of 13 and does not knowingly collect personal information from children under the age of 13. If Shumway Van obtains actual knowledge that it has obtained personal information about a child under the age of 13, that information will be immediately and permanently deleted from our records.

 

Choice/Opt-out

 

Our users are given the opportunity to ‘opt-out’ of having their information used for purposes not directly related to the Site at any point where we ask for the information. Users who no longer wish to receive e-mail which Shumway Van may send, may opt-out of receiving these communications by replying with the term “unsubscribe” in the subject line of the email or by emailing Shumway Van.

 

Modification

 

Shumway Van may update, revise, supplement, modify or amend this Agreement at any time. Any updates, revisions, supplements, modifications or amendments shall be effective immediately upon its posting on the Site. You agree that you will be bound by this Agreement, however and whenever it is updated, revised, supplemented, modified, or amended, whether you have actual or constructive notice of, and whether you have used or continue to use the Site after, the updates, revisions, supplements, modifications or amendments.

 

Severability

 

If any provision of this Agreement is deemed unlawful, void, voidable or unenforceable for any reason, then that provision shall be deemed severable from this Agreement and shall not affect the validity or enforceability of any remaining provisions.

 

Governing Law and Venue

 

This Web site (excluding linked sites) is controlled by Shumway Van from its offices within the State of Texas, United States of America. The Site can be accessed from all 50 states, as well as from other countries around the world. As each of these jurisdictions has laws and regulations that may differ from those of Texas, by accessing this Site both you and Shumway Van agree that the statutes and laws of the State of Texas, without regard to conflicts of laws principles thereof, will apply to all matters relating to use of this Site (whether grounded in tort, contract, law or equity). In the case of a dispute, you and Shumway Van agree any litigation arising between the parties hereto shall be brought only in the state or federal courts having subject matter jurisdiction in Travis County, Texas. You and Shumway Van hereby irrevocably and unconditionally consent to the jurisdiction of any such court and hereby irrevocably and unconditionally waive any defense of an inconvenient forum to the maintenance of any action or proceeding in any such court, any objection to venue with respect to any such action or proceeding, and any right of jurisdiction on account of the place of residence or domicile of any party thereto.

 

Termination

 

Shumway Van may terminate your right to use this Site, with or without cause at any time in its sole discretion. In the event of termination, all representations, warranties, indemnifications, and promises made by you shall survive.

 

Contact Information

 

If you have a comment, question or request, or if you need to contact Shumway Van for any other reason, please click here.

 

Send mail to Shumway Van at:

 

Shumway Van

310 South St. Mary’s Street, Suite 2100

San Antonio, Texas 78205

 

Web Contact

info@shumwayvan.com

 

To the extent the state bar rules in your jurisdiction require us to designate a principal office and/or a single attorney responsible for this Site, Shumway Van designates its office in San Antonio, Texas, USA as its principal office and designates Douglas J. Shumway as the attorney responsible for this Site.

 

Entire Agreement

 

This Agreement constitutes the entire agreement between you and Shumway Van with respect to your use of the Site. There are no other representations, warranties, terms, agreements or conditions, either written or oral, with respect to your use of the Site except as set forth in this Agreement.

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