THIS TERMS AND CONDITIONS PAGE GOVERNS YOUR USE OF THIS WEBSITE.
PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY.
Last Revision: November 14, 2023
Welcome to Oberheiden P.C. Oberheiden P.C. (“Firm”) is a law firm. Your use of any Firm associated website (collectively, the “Website”) and any features in it are subject to these terms (“Terms”) even if you do not become a client of Firm.
By accessing this Website in any way — including, without limitation, by browsing or viewing any information found here, or by submitting information to the Firm — you agree and are bound to the terms, conditions, policies, and notices contained in this Terms page, including, but not limited to, disclaimers of warranties, damage and remedy limitations, and a choice of Texas law. If you do not accept or abide by these Terms, you must leave the Website and discontinue its further use.
The Firm may, in its sole discretion, at any time and for any reason, with or without notice, revise and update these Terms. Any such modification will become effective upon posting of an updated version of these Terms. It is your responsibility to review these Terms regularly to ensure you are familiar with its most recent version. If you continue to use the Website after any such modification has been made, you have thereby signified your acceptance of the Terms as modified.
No content under the control of Oberheiden PC is intended to be misleading. See Bates & Van O’Steen v. State of Arizona, 433 U.S. 350 (1977).
This Website, its content, its links, and its domain name are owned by a third party. This third-party owner is not a law firm and does not practice law. The responsible attorney for this Website is P.C. Meyer. Meeting locations listed on the Website are not owned by Firm and do not constitute offices. Phone calls from all listed phone numbers are forwarded to mobile phones. Firm does not own any property or inventory in any state outside of Texas. As for New York Judiciary Law Section 470 and consistent with Schoenfeld v. New York (25 N.Y. 3d 22 ), the New York location listed on the Website is an “office for the transaction of law business” where service of process can occur during normal business hours through attending staff, where mail can be received, to which phone calls answered by New York staff can be made, and where New York clients can meet, upon appointment, with Firm’s New York licensed attorneys.
Firm lawyers are: Nick Oberheiden (attorney licensed in New York and Washington D.C.), Elizabeth Stepp (attorney licensed in Texas and New York), Pascual Meyer (attorney licensed in Texas), Lynette Byrd (attorney licensed in Texas), John Sellers (attorney licensed in Maryland—local counsel on historic cases), William Newman (attorney licensed in New York, Georgia, Pennsylvania, Virginia), Brian Kuester (attorney licensed in Oklahoma), Linda McNamara (attorney licensed in Florida), Ellen Comley (attorney licensed in Texas), Paul Strickland (attorney licensed in California), Alina Veneziano (attorney licensed in New York), Roger Bach (non-lawyer), Timothy Allen (non-lawyer), Chris Anderson (non-lawyer). No non-lawyer has direct or indirect ownership in Firm. The word “partner” is used to refer to a partner or member of Firm on an employee or consultant with equivalent standing and qualifications.
Firm does not maintain any office other than in New York and Houston, and no informational description or city/state specific content is meant to suggest that Firm has an office in that location or intends to establish systematic and continuous presence in that jurisdiction. In some cases, Firm may associate with other attorneys/firms/consultants for the Matter, including Firm’s current or additional “Local Counsel(s)” and/or their independent law firms after Client gives informed consent, confirms in writing to the division of fees, and the division either reflects the proportional contribution of the lawyers to the services performed or Firm and the Local Counsel will maintain joint responsibility (see, e.g., NY Ethics Opinion 864 & 1160 as well as Rule 7.04 of the Texas Disciplinary Rules of Professional Conduct). From Client’s payments to Firm, Firm will bill Client for the Local Counsel’s time at the attorney rate set out in Firm’s Agreement, which includes a surcharge around $300 per hour. Local Counsel are independent and not part of Firm, not members of Firm, not Of Counsel to Firm, and not employees of Firm. If Firm mentions, for example, a local counsel in Portland, Oregon, then this mentioning refers to the location of that local counsel and it does NOT mean that Firm itself has an office or physical presence or systematic and continuous contacts in that location.
Content on this Website referring to “Firm’s experience” or “our team” or similar terms including, but not limited to, the number of trials handled, years spent at the Justice Department, location and presence, licensures, previous positions held by lawyers, etc. may include the aggregate and combined experience, expertise, and knowledge of Firm and affiliated local counsel. The biography of each local counsel will disclose the name of the local counsel’s own and independent law firm.
No Legal Advice, No Confidentiality, No Attorney-Client Privilege
This Website and the materials on this Website have been prepared by Oberheiden P.C. to provide general information about the law, legal issues, and legal developments. Thus, the Website and its content do not constitute or contain legal advice, legal opinions, or any other form of advice regarding any fact or circumstance of a visitor’s situation. Do not act or fail to act on any Website information without seeking professional legal counsel.
WARNING: Communication between you and Oberheiden PC via this Website or its Live Chat should NOT be interpreted as establishing an attorney-client relationship. Do not send Firm any privileged or confidential information unless Oberheiden PC has accepted you as a client. Oberheiden PC may not maintain the confidentiality of information received outside a formally established attorney-client relationship.
By your access or use of this Website, you agree and certify that any communication or material you transmit to this Website or the Firm, in any way or for any reason, will not be treated as confidential or proprietary. Of course, we want to hear from you— but do not send Firm any sensitive or confidential information about any matter involving you until you receive an executed engagement letter or other in-writing confirmation from the Firm that we represent you. After you become a client of the Firm, if you have confidential information to share with us, please contact us first to ask how best to share that information with the Firm. In any case and without limitation, your access or use of the Website does not create an attorney-client relationship or make you a client or a prospective client of the Firm.
How to Become Our Client
You may become a client of the Firm only if you sign an engagement agreement between yourself and the Firm. The purpose of such engagement agreement is to disclose the scope of Firm’s services, Firm’s fee arrangement, and other important terms. Firm has a strict conflicts policy. Prior to accepting a new client, Firm carefully evaluates whether the acceptance of a new client could present a conflict to existing or past representations of other clients. In the event of any inconsistency between these Terms and Firm’s engagement contract, the engagement agreement shall prevail.
No Guarantee of Results
Some of this Website’s case summaries, reports of past cases (and their outcomes), and the description of experience and past legal services in a lawyer’s profile outline and describe past cases handled by the Firm’s lawyers. They are not intended to be a guarantee that the same or similar result can be achieved in every matter or in your case, and any representative matters and other experience included here may date from periods before an individual lawyer joined the Firm. You must not assume that a similar outcome and case result can be obtained in your case. Each case is different, and the outcome of each case depends on various factors, such as specific facts, circumstances, and laws that apply to the matter. Unexpected developments beyond the control of any client or lawyer may further make your case substantially different than cases handled by Firm’s lawyers in the past and may result in different and perhaps even negative outcomes in your case. Any case results noted on this Website do not guarantee or predict a similar result in any future case.
Specialty Licensing Status
Unless otherwise expressly specified, the attorneys listed on this Website are not certified as specialists or experts by any professional or governmental agency or authority. Mentioning of Firm’s practice areas, practice focus, expertise, or legal experience are not intended to suggest board certification or to denigrate other law firms or attorneys. Our attorneys are licensed in the jurisdictions listed in their profiles and our attorneys do not intend to advise clients on the laws of states in which that lawyer is not licensed. Oberheiden PC’s practice focuses mostly on federal law, and we may affiliate or form relationships with lawyers throughout the United States for licensing purposes. The laws of each state vary, and you must NOT assume that general information on the law that you may find on the Website (e.g., regarding the Statute of Limitations) accurately reflects the law in your state. Consistent with United States v. Beauchamp et al. (3-16CR-0516D, NDTX), and similar cases, Firm will review all healthcare audits and commercial insurance audits under full consideration of federal statutes 18 U.S.C. § 1952, 18 U.S.C. § 1956, and 18 U.S.C. § 1341.
Legal and Ethical Requirements & Disclosures
Oberheiden, P.C., intends to comply with all legal and ethical obligations in compiling this Website and in practicing law. We welcome comments about our compliance. Because some information on this Website may constitute lawyer advertising and this Website may be viewed and accessed from all 50 U.S. states, we make these special announcements with respect to state-law ethical rules. NY licensed attorneys residing and principally practicing outside of New York rely on New York State Association, Committee on Professional Ethics, Opinion 1027 (10/16/2014).
Alabama: No representation is made that the quality of legal services to be performed is superior or greater than the quality of services performed by other lawyers.
Arizona: In accordance with Rule 5.5. of the Arizona Rules of Professional Conduct, Firm’s lawyers are admitted in another United States jurisdiction, not disbarred, or suspended from practice in any jurisdiction, and provide legal services exclusively involving federal law or the law of another jurisdiction.
California: In accordance with the California Professional Code and Rules, this Website is a communication providing public information about the Firm’s availability for professional employment. Not all attorneys of Oberheiden, P.C., are licensed in California, and nothing contained here is meant to constitute the unauthorized practice of law.
Florida: The hiring of an attorney is an important decision that should not hinge on advertisements. Before you decide which lawyer to choose, ask the attorneys of Oberheiden, P.C., to share with you free written information about our experience and qualifications.
Iowa: The determination of the need for legal services and the choice of a lawyer are vital decisions and should not rest on advertisements or self-proclaimed expertise. Under Iowa law, Oberheiden, P.C., provides this NOTICE TO THE PUBLIC: Memberships and offices in legal fraternities and legal societies, technical and professional licenses, and memberships in scientific, technical, and professional associations and societies of law or field of practice do not mean that a lawyer is a specialist or expert in a field of law, nor do they mean that such a lawyer is necessarily any more expert or competent than any other lawyer. All potential clients are urged to make their own independent investigation and evaluation of any lawyer being considered. This notice is required by the Supreme Court of Iowa.
Kentucky: THIS IS AN ADVERTISEMENT.
Mississippi: The Mississippi Supreme Court advises that a decision on legal services is important and should not hinge on advertisements.
Missouri: The Supreme Court of Missouri and the Missouri Bar Association do not review or approve certifying organizations or specialist designations.
Nevada: The State Bar of Nevada does not certify any lawyer as a specialist or expert.
New Jersey: ATTORNEY ADVERTISEMENT- NOT A REFERRAL SERVICE: Before you decide to hire a lawyer, you should give this matter careful thought. The selection of an attorney is an important decision.
New Mexico: LAWYER ADVERTISEMENT.
New York: LAWYER ADVERTISEMENT. Prior results do not guarantee a similar outcome.
Oregon: THIS IS AN ADVERTISEMENT.
Pennsylvania: ATTORNEY ADVERTISEMENT- NOT A REFERRAL SERVICE: Before making your choice of an attorney, you should give this matter careful thought. The hiring and selection of an attorney is an important decision.
Tennessee: None of the attorneys of Oberheiden, P.C., are certified as a Civil Trial, Criminal Trial, Business Bankruptcy, Consumer Bankruptcy, Creditor’s Rights, Medical Malpractice, Legal Malpractice, Accounting Malpractice, Estate Planning or Elder Law specialist by the Tennessee Commission on Continuing Legal Education and Specialization. Certifications as a specialist in all other listed areas, if any, are not currently recognized or available in Tennessee.
Texas: In accordance with the Texas Rules of Professional Conduct, lawyers are residents in all offices, unless stated otherwise in an individual attorney biography, and moreover, the Firm lawyers are not certified by the Texas Board of Legal Specialization. Notice: The State Bar of Texas investigates and prosecutes professional misconduct committed by Texas attorneys. Although not every complaint or dispute with a lawyer involves professional misconduct, the State Bar’s Office of General Counsel will provide you with information about how to file a complaint. You may call 888-680-1745 toll free for information.
Wyoming: The Wyoming State Bar does not certify any lawyer as a specialist or expert. Anyone considering a lawyer should independently investigate the lawyer’s expertise, credentials, and ability, and not rely on advertisements or self-proclaimed expertise.
Authorized Practice of Law
Firm’s lawyers are not licensed in all U.S. states. The profile of each Firm lawyer lists the jurisdiction in which that lawyer is licensed to practice law. The ability of any Firm lawyer to engage in services for a client outside of that lawyer’s state(s) licensure is subject to state law, state professional rules, and court orders. Firm does not seek, and this Website is not intended, to solicit legal engagements in jurisdictions in which lawyers of this Firm are not licensed if such engagements would constitute the unauthorized practice of law.
Considering Birbrower, Montalbano, Condon & Frank, P.C. v. Superior Court, 949 P.2d 1 (1998), we do not provide any advice on state law for states in which the lawyer is not licensed, but we know that, under Condon v. McHenry, 76 Cal. Rptr. 2d 922 (Ct. App. 1998), we could do so if the client is not a resident of that state. Consistent with Spanos v. Skouras Theatres Corp., 364 F.2d 161 (2d Cir. 1966), when a representation will result in a court case, but at the outset of the representation that court case has not been filed (e.g., because the government has not brought an indictment or, in a civil matter, a lawsuit has not been filed), we strive to provide any legal work prior to applying for an admission pro hac vice reasonably incident to the representation of the client and in direct preparation for the upcoming court event and will apply for temporary admission at the earliest opportunity. Also see Berthold Types Ltd. v. Adobe Systems, Inc., 186 F. Supp. 2d 834 (N.D. Ill. 2002) and Shapiro, Lifschitz & Schram, P.C. v. R.E. Hazard, 24 F. Supp. 2d 66, 82 (D.D.C. 1998). Further, In re Desilets, 2002 WL 1159745 (6th Cir. June 2002), made clear that, where admission to the federal bar is available to all lawyers licensed by any state, this general federal admission opportunity confers a lawyer the right to advise clients on matters (in that case, bankruptcy law) even without being licensed in that state (in that case, Michigan). All lawyers mentioned on this Website are only admitted to practice in the states specifically listed in their profiles and biographies.
The practice of law in any state or jurisdiction in which a Firm lawyer is not admitted is temporary, and Client will be informed about the boundaries of a lawyer’s license through the lawyer’s Website biography and Firm’s engagement contract. Client knows that the Agency Partnership Act allows a person to select any attorney in good standing to represent a client in federal agency matters. See 5 U.S.C. § 500 (but also e.g. 39 CFR § 951.2; 8 CFR § 292.1). Firm’s practice is almost exclusively limited to federal law, international law, and federal administrative law. We follow ABA Rule 5.5 and its commentaries.
This Website may constitute advertising in some jurisdictions, but it is not intended as advertising or solicitation in any jurisdiction in which the Website would be so characterized (and would violate applicable laws and ethical rules of such jurisdiction). The Firm does not seek to represent a client solely based on visiting our Website or upon advertising, and the Firm does not intend to represent anyone in violation of any laws or ethical rules.
These Terms shall apply to social media as well. We explicitly incorporate ABA Formal Opinion 10-457 and corresponding sample opinions such as California Ethics Opinion 2012-186, South Carolina Ethics Opinion 12-03, and New York State Ethics Opinion 972. Oberheiden, P.C., does not intend to hold itself out as “experts” or “specialists” or as having any “expertise” or “specialty.” Connections on. for example, LinkedIn or Facebook with unrepresented parties are not meant to constitute solicitations or any connections with government officials and/or judicial officers. See ABA Formal Opinion 462 and New York State Ethics Opinions 2013-39 and 2008-176. Oberheiden, P.C., will honor the restrictive views of California (Op. 66) and Florida Ethics Opinion 2009-20 and Domville v. State, 103 So. 3d 184 (Fla. 4th DCA 2012). Firm reserves the right to remove commentaries that are contrary to Firm’s policies on its social media sites. Firm strives to comply with the New York State Bar Association “Social Media Guidelines of the Commercial and Federal Litigation Section of the NYSBA” and similar rules, recommendations, and guides. Blog posts and Website content specifically are provided for general educational and informational purposes only. They may not reflect the law or the current law in each jurisdiction. No information contained in the blogs should be construed as legal advice from Oberheiden, P.C., or the individual author, nor are blogs intended to be a substitute for legal counsel on any subject matter. No reader of the blogs or any other website information should act or avoid acting based on any information included in, or accessible through, the blogs or the website information without seeking the appropriate legal advice on the circumstances at issue from a lawyer licensed in the reader’s or recipient’s state, country, or licensing jurisdiction. References to “we” or “our attorneys” and the like include the accomplishments of Oberheiden, P.C.’s, predecessor, as well as the individual accomplishments of all current attorneys whether at Oberheiden, P.C., or at their previous place of service.
The Website, including its communication tools such as email addresses and “Live Chat” services, does not constitute a solicitation of employment for legal services. Again, we ask you not to send as confidential or privileged information unless you are an accepted client of our Firm. The engagement of an attorney or law firm is an important consideration that should not depend solely on advertisements. Information, including legal information on Website, does not constitute legal advice.
Mentioning of Prior Results
Oberheiden, P.C., does not suggest, in any way, that we are able to achieve the same or a similar result for new or prospective clients that we obtained for former clients. Each case is different, and various factors in each case can materially impact the case outcome. In the hypothetical case of a DUI, a client that contacts Firm for a DUI arrest for a BAC 1.8 may not obtain the same outcome as a (hypothetical) former client of Firm whose case was favorably adjudicated with a BAC of .9.
We define “victory,” “success,” “successful,” “win,” and similar words used in content on this website as, among other things, avoiding charges in government investigations, passing audits without licensure revocation or suspension, settling disputes out of court without publicity, reducing criminal charges, obtaining acquittals on criminal counts in trial, dismissing criminal counts, reducing civil liability in litigation cases, obtaining a sentence below the guidelines range, or achieving our clients’ subjective goals for our representation.
For purposes of this Agreement, “Site” refers to the Company’s website, which can be accessed at healthcare-fraud-defense.com.
“Service” refers to the Company’s services accessed via the Site.
The terms “we,” “us,” and “our” refer to the Company.
“You” refers to you, as a user of our Site or our Service.
Information We Collect
We collect “Non-Personal Information” and “Personal Information.” Non-Personal Information includes information that cannot be used to personally identify you, such as anonymous usage data, general demographic information we may collect, referring/exit pages and URLs, platform types, preferences you submit, and preferences that are generated based on the data you submit and number of clicks. Personal Information includes your email, name, phone number that you submit to us through the registration process at the Site.
We may use so-called “cookies” and “web beacons.” In this context, computer cookies are data sets sent by our Website that are downloaded and stored on your computer. Cookies connect your computer with Firm’s computer system, and they allow us to track and monitor how you use our site. You have an option to opt out by turning off the cookie acceptance function on your computing device. Other cookies may be stored to your computing device by external vendors when this Website uses software, sponsored links, or advertisements. Firm is not responsible for you visiting external links. You may wish to visit www.aboutcookies.org, which contains comprehensive information about types of cookies, how they are used, and how you manage your cookie preferences.
Whether you visit this Website to search, research, browse, or educate yourself, the Firm may collect general information about the patterns in which you use our Website (such as topics of interests, the duration of your visit, the type of web browser used, your IP address, the route that led you to visit our site, the site that you visited when you left our site, your CPU speed, clickstreams, and traffic patterns). The Firm may use this information to better understand a visitor’s interest to adjust and improve our site.
Generally, we use this information to respond to your questions or requests, to improve the Website, to communicate with you about our relationship, and for other business purposes.
Information Collected via Technology
To activate the Service, you need not submit any Personal Information other than your email address. To use the Service later, you need not submit further Personal Information. But to improve the quality of the Service, we track information provided to us by your browser or by our software application when you view or use the Service, such as the website you came from (known as the “referring URL”), the type of browser you use, the device from which you connected to the Service, the time and date of access, and other information that does not personally identify you. We track this information using cookies, or small text files that include a unique anonymous identifier. Cookies are sent to a user’s browser from our servers and are stored on the user’s computer hard drive. Sending a cookie to a user’s browser enables us to collect Non-Personal information about that user and keep a record of the user’s preferences when using our services, both on an individual and aggregate basis. The Company may use both persistent and session cookies; persistent cookies remain on your computer after you close your session and until you delete them, while session cookies expire when you close your browser.
Information You Provide Us by Registering for an Account
The Site and the Service are not directed to anyone under the age of 13. The Site does not knowingly collect or solicit information from anyone under the age of 13 or allow anyone under the age of 13 to sign up for the Service. If we learn that we have gathered personal information from anyone under the age of 13 without the consent of a parent or guardian, we will delete that information as soon as possible. If you believe we have collected such information, please contact us at email@example.com.
HOW WE USE AND SHARE INFORMATION
In general, the Personal Information you provide to us is used to help us communicate with you and to provide better service. For example, we use Personal Information to contact users in response to questions, solicit feedback from users, provide technical support, and inform users about promotional offers. We also use Personal Information to improve and to verify the quality and effectiveness of our Website, our services, and our compliance efforts. No automated decision-making, including profiling, is used when processing your Personal Information.
If you share personal information by filling out forms or sending the Firm an email, we may use this information to contact you, and we may archive your information. We do not share personal information with unauthorized third parties, nor do we sell personally identifiable information to advertising companies. We may, however, share personal information with our IT partners and entities in charge of maintaining and marketing this Website or with other third parties who perform services on our behalf, any of whom may be located outside the United States. In any case, the Firm may share personal information when necessary to comply with a legal obligation such as a court order or subpoena, or if a government agency or investigatory body properly so requests.
We may share Personal Information with outside parties if we have a good-faith belief that access, use, preservation, or disclosure of the information is reasonably necessary to meet any applicable legal process or enforceable governmental request; to enforce applicable Terms of Service, including investigation of potential violations; to address fraud, security, or technical concerns; or to protect against harm the rights, property, or safety of our users or the public, as required or permitted by law. We may also share Personal Information with our lawyers, auditors, and other professional advisors.
We very strongly recommend sharing only general information about yourself or your case without providing specifics, admissions, or other confidential information until you engage our Firm as your attorneys. Even though we strive to protect the Website against third-party intrusion such as hackers and computer malware, we cannot guarantee full protection of your personal identifying information.
Transfer Of Personal Information of Individuals
HOW WE PROTECT INFORMATION
We implement security measures designed to protect your information from unauthorized access. Your account is protected by your account password, and we urge you to keep your personal information safe by not disclosing your password and by logging out of your account after each use. We also protect your information from potential security breaches by implementing certain technological security measures including encryption, firewalls, and secure socket-layer technology. Yet these measures do not guarantee that your information will not be accessed, disclosed, altered, or destroyed by breach of such firewalls and secure server software. By using our Service, you acknowledge that you understand and agree to assume these risks.
YOUR RIGHTS REGARDING THE USE OF YOUR PERSONAL INFORMATION
LINKS TO OTHER WEBSITES
The Company reserves the right to change this policy and our Terms of Service at any time. You should periodically check the Site and this privacy page for updates.
This Website is offered by Oberheiden, P.C., on an “as is” basis. As for the Website and any included information, the Firm makes no representations or warranties in any form or of any kind, express or implied, including, but not limited to, those of merchantability, fitness for a particular purpose, or non-infringement — whether any such guarantees, warranties, conditions, and representations would arise under state or federal law, professional rules, commercial use, or otherwise. You agree that your use is at your own risk and that under no circumstance shall the Firm by liable for damages of any kind. Although the Firm strives to reasonably ensure that all material on this Website is timely and correct, the Firm cannot guarantee that all such information is up-to-date and accurate. The Firm thus does not warrant that any information on this Website is current or accurate.
By using this Website, the reader and the audience agree that Oberheiden, P.C., its attorneys, owners, contractors, members, officers, employees, agents, or affiliates shall not be liable, directly or indirectly, under any theory of common law, statute, whether contractual or torts, whether under a theory of negligence or otherwise, to the reader, the audience, or anyone else for any claims, losses or damages, whether direct, indirect, special punitive, consequential, incidental or otherwise in nature, or any other losses, costs, or expenses of any kind (which expenses include legal fees, expert fees or any other costs) that may arise, directly or indirectly, though or related to the access to, use of or browsing of this Website, even if Firm has been advised of such damages or from your reliance on this Website or any materials, resources, or information accessed through this Website.
The Firm and the Website shall never be liable for any interruption in Internet service or site functionality and makes no warranty that the Website or services will uninterrupted, error-free, timely or secure, or that the Website will meet your requirements or expectations. The Website may be subject to limitations, delays, and other problems inherent to the usage of electronic devises or communications, including the internet, and the Website is not responsible for any such limitations, delays, or problems.
You may only access the Website through authorized means. You agree that, by use of the Website, you assume all risk of damage to your computer hardware or software including loss of data that may result from your use of it and the risk of damage from computer viruses. You acknowledge that the entire and sole risk of using the Website remains completely with you as much as the law permits.
Oberheiden, P.C., reserves all rights. You may read, view, listen to, download, and print any part of this Website for your own personal, non-commercial use. Any other distribution, usage, reproduction, or transmission of the contents and information on this Website without prior approval of Firm is prohibited. Firm does not grant any express or implied rights to the information or content provided on this Website under any trademark, copyrights, trade secret, or intellectual property rights. The reader may read, view, listen to, and print as well as store, distribute, and share the content from this Website under the conditions that doing so (1) is for your personal usage and not for any commercial gain, usage, or distribution, (2) the content is not modified, changed, amended, altered, or manipulated in any way, and (3) these Terms are included with any distribution.
IRS Circular 230 Notice
Under Internal Revenue Service requirements, this Notice is to inform you that any information on this Website that could be construed as United States tax advice is not written or intended to be used, and cannot be used, for the purpose of (a) avoiding penalties under the Internal Revenue Code, or (b) promoting, marketing, or recommending to another party any transaction or matter addressed on this Website.
Links from this Website may lead to other websites. Such links are offered for the visitor’s guidance and convenience to provide further information. Oberheiden, P.C., does not necessarily sponsor, endorse, or otherwise agree with or approve such linked materials, and the Firm does not control or guarantee the existence, relevance, completeness, or accuracy of any information contained in or accessed by such links. By accessing this Website, you agree that the Firm has not reviewed all the sites linked to the Website and is not responsible for the content of any off-site websites or any other website linked to this Website. If you link to any other third-party websites, you do so at your own risk.
You agree to not use this Website for any illegal purpose or any purpose contrary to Firm’s Terms. You agree to indemnify, defend, and hold harmless Oberheiden, P.C., its partners, affiliates, and contributors from any liability, loss, claim, and expense including reasonable attorneys’ fees related to your violation of these Terms and/or your posting or use of materials on this Website. While Oberheiden, P.C., takes reasonable steps to keep the information of this Website accurate and current, Oberheiden, P.C., will not be responsible for any damage or loss related to any inaccuracy, incompleteness, or lack of timeliness of the information.
Limitation of Liability
In no event shall the owner of this Website, Oberheiden, P.C., or its partners or affiliates or contributors to this Website be liable for any loss or injury, or any damages, whether direct, indirect, special, punitive, incidental, exemplary, consequential, or otherwise, whether based on breach of contract, tort (including negligence), product liability, or otherwise, resulting from your access to Website. You hereby waive any such claims against the owner of this Website, Oberheiden, P.C., or its partners or affiliates or contributors to this Website. You agree that the restrictions set forth above are material elements of this agreement and that the site and its information would not be provided to you in the absence of such limitations. Some state laws may restrict this limitation of liability.
Firm’s failure to insist on strict enforcement of any provision of these Terms shall not be construed as a waiver of any provision or right.
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any conflicts-of-law principles. Any dispute between you and the owner of this Website or Oberheiden, P.C., regarding the content or use of this Website shall be resolved by arbitration under the Commercial Rules of the American Arbitration Association, with all hearings held in Dallas, Texas, in the English language, and shall not be joined with any dispute that any other person or entity may have with Oberheiden, P.C., or the owner of Website. If any provision of these Terms may be deemed to be unlawful, void, or for any reason unenforceable, then that provision is severable from these Terms, all of which shall not affect the validity or enforceability of any remaining portion of these Terms.
These Terms form a binding contract between you and the respective Website’s owners and operators and there are no other contracts or agreements between you and us. These Terms do not create rights in or for any third-party individual or entity.