Last Updated: 12/27/18

I. Introduction

Welcome to www.potelawfirm.com (the “Site”), the official website of Pote Law Firm, LLC (“PLF,” “we” “us,” or “our”). Use of this Site, including any information or materials presented herein or any services provided by PLF, is subject to the following terms, conditions, policies, and notices (collectively, the “Terms”). User submission of information through this Site is subject to our Data Protection & Privacy Policy, the terms and conditions of which are expressly incorporated herein by reference.

Client rights may be modified or superseded by written agreement between PLF and that client.

PLF expressly reserves the right to deny access to or use of the Site or any features of the Site to anyone who violates these Terms or who, in our sole judgment, interferes with the ability of others to enjoy this Site or infringes the rights of PLF or others.

II. Age of and Ability to Consent

No one under the age of 18 may use this Site without the consent of a parent or guardian. If you are a resident of a state, province or country that imposes additional or different age requirements on legal consent and the disclosure of personally identifiable information, you hereby represent that your access and use of this Site, the provision of your personally identifiable information to us, and our use of such information as stated in our Data Protection & Privacy Policy, does not violate the applicable laws or regulations of such state, province or country.

By accessing or using the Site or submitting any information to PLF, including any of its members, employees or other agents, you represent that you meet the above age requirements and that you are able to enter into legally binding contracts including, but not limited to, these Terms.

By accessing or using the Site or submitting any information to PLF, including any of its members, employees or other agents, you agree to these Terms and will be deemed bound by them, effective as of the date of such access, use, or submission. Any Site user who does not agree to abide by these Terms, as posted or modified, must immediately cease access and use of this Site.

IV. Modification of These Terms

PLF reserves the right to limit, modify, or otherwise amend or eliminate the Terms under which the Site is offered or provided at any time, with or without prior notice. The date following “Last Updated” at the top of this page states when the Terms were last modified. Any changes will become effective upon the posting of the revised Terms on this Site. Site users are encouraged to review this page to stay current on the Terms that govern the use of this Site.

V. No Attorney-Client Relationship or Legal Advice

The Site’s contents and materials contain only general information the purpose of which is to allow users to learn more about PLF and our legal services. Neither receipt of information presented on the Site nor any email or other communication sent to PLF or our attorneys will form or establish an attorney-client relationship. Information submitted to PLF by Site users who are not already subject to an agreed upon and properly executed engagement letter will not be privileged, attorney-client communications. No user of the Site should act, or refrain from acting, on the basis of any information provided on the Site without first consulting the appropriate legal counsel.

VI. Not Intended as Advertising

It is the express intention of PLF that neither this Site nor any of its content or materials is intended as advertising. However, should the laws, regulations or ethical rules in a particular jurisdiction consider some of the elements of this Site to constitute advertising, PLF informs such users that procuring any legal services is an important decision that should not be based upon the information provided on this Site alone, but only after careful consideration and consultation with a licensed attorney.

VII. Licensing Status

Any attorney at PLF is licensed to practice law only in the state of Colorado and/or the state of Texas. PLF does not seek to represent anyone based solely upon a visit to this Site or upon advertising, anyone whose legal matter has a substantial effect outside of the states of Colorado or Texas, or anyone where such representation would not comply with applicable laws, rules, or regulations.

VIII. Links to External Websites

Links to external, third-party websites posted on the Site are provided only as a matter of convenience to site users. PLF is not responsible for the privacy practices, security, content, or reliability of linked thirty-party websites. Users are encouraged to notice when any of the Site’s hyperlinks directs them to another website and to review the terms and policies of any such site that they visit, especially those which may collect personally identifiable information from its users.

IX. Client Portal & Personal Client Accounts

PLF provides our clients with the ability to create a personal, client account (“Client Account”) through our affiliated online Client Portal, allowing access to secure communications and client documents, among other things. Creation of a Client Account does not by itself form or establish an attorney-client relationship between you and PLF, or any of its attorneys.

By establishing a Client Account, each such user acknowledges and agrees to, in connection with your request for a Client Account and your use of your Client Account, the Terms governing use of this Site, including use of your Client Account, and the associated Data Protection & Privacy Policy. Further, each such user understands and expressly accepts the security processes that we maintain, understanding that there are always risks inherent with the transmission, storage, display and retrieval of data and files over the internet, including through this Site or the Client Portal.

Client Account users are solely and fully responsible for the privacy of any information that they provide, for the security of usernames and passwords, and for any consequences that may arise out of the failure to maintain the confidentiality of a username, password or any personal information provided. Users must immediately notify PLF of any unauthorized use, or breach in security, of their Client Account. The right to use a Client Account is personal to the user; users may not permit any other individuals to use or access their personal Client Account. PLF reserves the right to limit, suspend, revoke, or terminate any user’s use of the Site or a Client Account at any time with or without notice.

X. Disclaimer; No Warranty or Liability

The Site, its content, and all associated information and materials (including all content and functions made available on or accessed through the Site) are provided “AS IS” and “AS AVAILABLE” without representation or warranty of any kind, either express or implied. To the fullest extent permissible by law, with regard to the Site, its content and all associated information and materials, PLF makes no representations or warranties, either express or implied, of any kind whatsoever:

  1. that the Site, its contents or information is or will be always current, complete or accurate. Articles published on the Site may state the law as it was when written but not the current state of the law. Users agree and acknowledge that articles and other publications are not kept current or maintained for changes in applicable law;

  2. for the accuracy, merchantability, fitness for a particular purpose, or non-infringement of any content published on or available through the Site. In no event shall PLF be liable for any special, indirect or consequential damages whatsoever, or damages of any kind or character, whether in contract, tort or otherwise, arising out of or in connection with, including but not limited to, the use of the information or materials herein or your accessing, browsing, or use of this Site;

  3. that the server that hosts and makes the Site available is free of viruses or other components that may infect, harm, or cause damage to your computer equipment or any other property when you access, browse, download from, or otherwise use the Site.

PLF expressly reserves the right to change or discontinue any or all elements of the Site, including its structure, Terms, URL, contents and information therein with or without prior notice. PLF further reserves the right to interrupt or discontinue operation of the Site with or without prior notice.

XI. Trademark

The Site’s logos, mottos, and other trademarks (collectively, “Trademarks”) belong exclusively to PLF. Use of such Trademarks without prior, express authorization from PLF is prohibited under trademark law and other related laws, except for a few specific uses permitted under those laws. Users who wish to make use of PLF’s Trademarks shall contact PLF to obtain permission prior to any such use. PLF may grant, limit or deny permission at our sole discretion.

All of the Site’s contents and materials, including without limitation the logos, articles, photographs, designs, text, images, graphics, and any other copyrighted materials belong exclusively to PLF, unless such content is part of the public domain. Duplication, public transmission, distribution, modification, deletion, or reproduction of any exclusive content or material (collectively, “Use”) without our express authorization is prohibited under federal and other copyright laws, except for printing or storage for personal use or other specific use permitted under those laws. Any user making, or intending to make, Use of any copyrighted materials from the Site, shall contact PLF prior to such Use for authorization and licensing information. PLF may grant, limit or deny permission at our sole discretion.

Any user making Use of PLF’s copyrighted materials, having been previously authorized to make such Use, shall display the copyright notice specified by PLF, unless otherwise provided herein or in writing. Users may not modify or remove the copyright notice without prior permission.

XIII. Citation or Sharing of, or Links to, Articles or Blog Entries

Notwithstanding the copyright requirements noted above, articles or blog entries published on this Site may be cited, shared or linked to without prior authorization so long as any such materials are conspicuously attributed to PLF and their author, if any, on the citing, sharing or linking website or publication. However, any operator, publisher or other Site user who cites, shares or links to any of this Site’s content or materials acknowledges and expressly agrees to follow all of the conditions and requirements of Sections XIV (“External Links to the Site”) and XV (“Prohibited Acts”). Any deviation from or modification of these conditions and requirements requires prior written permission from PLF.

Generally, users may link to this Site on their websites or in another publication. However, when linking to this Site (including listing the URLs of the Site in a printed publication such as a magazine or a brochure), such persons (“Linking Users”) agree to observe and to comply with the following conditions and requirements:

  1. Linking Users are prohibited from attempting, committing, or performing any Section XV “Prohibited Acts”;

  2. When linking to this Site, any Linking User is requested to state and specify that PLF is the owner of the Site’s linked page. Additional attributions of authorship are also required to identify an individual, if any, responsible for this Site’s original content or materials;

  3. No Linking User may inline (or img-scr) link any of the content or materials of this Site, or incorporate into another website or service any of our content, materials or intellectual property, without our prior authorization. Linking Users are expressly permitted to deep link to articles or blog entries on this Site, so long doing so does not result in a failure or lack of compliance with any other applicable condition or requirement imposed herein;

  4. PLF does not intend to imply or assume any special relationship between us and any Linking User or website linking to this Site, nor to imply that we endorse or recommend the products or services of any Linking User or their related companies, person or websites. Any website linking to this Site shall be operated by its operator at its own risk, and PLF does not have or assume a relationship to any Linking User, or website linking to this Site, on account of being so linked;

  5. PLF may modify, remove or otherwise alter any content or information on this Site, as well as the Site’s URL, without prior notice. Each Linking User understands and accepts that the URL or other information of this Site may be changed at any time;

  6. PLF shall not be responsible for any loss, damages, troubles, or inconvenience incurred by (i) any website linking to this Site; (ii) the Linking User, the manager or viewers of the linking website; or (iii) any third party as a result of your linking to this Site;

  7. PLF makes no representation or warranty, either expressed or implied, regarding the content, security or reliability of any website linking to this Site;

  8. PLF shall not be responsible for any loss, damage, complaint, or claim (including any claims for damages from a third party), as a result of your accessing any website linking to this Site;

  9. In addition, linking to this Site is not permitted in any of the following circumstances:

    1. Where the linking website defames, or is likely to defame, PLF`s members, attorneys, or employees;

    2. Where the linking website hurts, or is likely to hurt, PLF`s credit, integrity, or reputation such as being contrary to public order or morality;

    3. Where the linking website attempts or performs criminal acts or acts that may lead to, or are likely to lead to, criminal acts; or

    4. Where the linking website violates, or is likely to violate, laws, statutes or ordinances.

If it appears that a Linking User or linking website has breached, is breaching, or is likely to breach any of the requirements or conditions above, or if PLF requests deletion of the links to this Site, you shall immediately cease using and delete any such link to the Site.

XV. Prohibited Acts

Site users are prohibited from attempting, committing, or performing any of the following:

  1. Acts that give, or are likely to result in, loss or damage to PLF, our members, attorneys, employees, agents, or third parties;

  2. Acts that defame, or are likely to defame, our services or products;

  3. Acts that defame, or are likely to defame, PLF’s members, attorneys, employees, or agents;

  4. Acts that hurt, or are likely to hurt, PLF’s credit, integrity or reputation, such as being contrary to public order or morality;

  5. Criminal acts or acts that may lead to, or are likely to lead to, criminal acts;

  6. Acts that violate, or are likely to violate, laws, statutes or ordinances;

  7. Acts that cause, or are likely to cause, misunderstanding or confusion with respect to the relationship between you and PLF; or cause, or are likely to cause, misunderstanding or confusion regarding whether PLF, or one of our members, employees or agents, recognizes, guarantees, supports or recommends another company, person, product, service or website;

  8. Acts that are harmful to the appearance, content, reliability, stability or security of this Site;

  9. Any other inappropriate acts, including but not limited to acts likely to have any sort of detrimental effect on PLF, our members, employees, agents, services, or reputation.

XVI. Indemnification

Each Site user expressly and irrevocably agrees to indemnify, save, defend, reimburse and hold PLF, our members, employees and agents harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind or character (including attorneys’ fees) resulting from: (i) your use of this Site, (ii) your breach of any provision of these Terms, or (iii) your violation of any rights of another, whether by action or omission.

XVII. Site Maintenance, Compatibility and Customer Support

Each Site user understands and expressly agrees that PLF is not responsible, regardless of the device or form factor employed, for your browser, software, hardware or network compatibility or stability; and is under no obligation to provide website maintenance or customer support.

XVIII. Cookies

This Site uses “cookies” to maintain the consistency of user experiences over repeated site visits. Website cookies are small bits of data that are sent to a user’s browser from a website’s server to be stored on the hard drive of that user’s computer. Site users have the ability to accept or decline cookies through their browser settings. However, by choosing not to accept cookies from the Site, some of the Site’s features may not fully or properly function as intended.

Users concerned about the sort of data collected and stored by cookies should reference the Section on cookies [linked] in our Data Protection & Privacy Policy.

XIX. Data Protection & Privacy Policy

PLF understands the importance of protecting your personal information. Accordingly, PLF manages and uses the information collected through your use of this Site based on our Data Protection & Privacy Policy -- incorporated herein by reference.

XX. Arbitration

Each person accessing, using, or submitting information through this Site agrees expressly and irrevocably to arbitrate any disputes or claims arising out of or relating to this agreement, use of this Site, or any services provided by PLF, rather than seeking resolution through any court, except small claims court if the claim otherwise qualifies.

There is no judge or jury in arbitration, and judicial review of arbitration awards is limited. However, arbitrators can award, on an individual basis, the same damages and relief as a court, and must follow these Terms as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your dispute or claim to our Registered Agent [company name & address]. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes in effect at the time that the arbitration is commenced. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.

Each user furthermore agrees that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, collective, consolidated, or representative action. If for any reason a claim proceeds in court, such users waive any right to a jury trial.

XXI. Opting Out of Arbitration

Users may opt out of this agreement to arbitrate. If you do so, neither you nor PLF may require the other to participate in an arbitration proceeding. To opt out, you must directly notify PLF in writing within thirty (30) days of the date that you first became subject to this arbitration provision. You must use this address to opt out:

  • Pote Law Firm, LLC ATTN: Arbitration Opt Out, 600 17th St. Ste. 2800, Denver, Colorado 80202.

You must include your name and residence address, and an unequivocal statement that you want to opt out of this arbitration agreement. Such letters must be postmarked within thirty (30) days of date that the user first became subject to the Terms of this Site.

XXII. Governing Law & Jurisdiction

The terms of this agreement will be governed by the laws of the State of Colorado, without reference to its choice or conflict of laws rules and principles. Where Site users have expressly opted out of arbitration, the state and federal courts located in the City and County of Denver, Colorado will have exclusive jurisdiction over any case or controversy arising from or relating to this agreement, the Site, or any services provided by PLF or any of its members, attorneys, employees, or agents. Each Site user consents expressly and irrevocably to the jurisdiction and venue of such courts with respect to any matters or controversies, and waives irrevocably any defense of forum non conveniens.

Regardless of any statute or law to the contrary, you must file any claim or cause of action, whether arising in contract or tort, law or equity, within one (1) year after such claim or cause of action arose, or be forever barred.

XIII. Failure to Enforce is No Waiver

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

XIV. Assignment

The rights and obligations created under this agreement may not be assigned to any other person or entity.

XV. Severance

In the event that one or more of the provisions of this agreement shall be found unenforceable, illegal or invalid, it shall not affect any other provisions of this agreement, and this agreement shall be construed as if the provision found to be unenforceable, illegal or invalid had never been contained in the agreement, or the unenforceable, illegal or invalid provision shall be construed, amended and/or reformed to be made enforceable, legal and valid. All other sections and provisions shall remain in full force and effect.

XVI. Complete Understanding

These Terms of Use constitute the complete and final agreement related to the use of the Site.