Disclaimer

Disclaimer

The information contained in this Website is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this site, clients or otherwise, should act or refrain from acting on the basis of any content included in the site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient's state. The content of this Website contains general information and may not reflect current legal developments, verdicts or settlements. The Firm expressly disclaims all liability in respect to actions taken or not taken based on any or all the contents of this Website.

Any information sent to The Firm by Internet e-mail or through the Website is not secure and is done so on a non-confidential basis. Transmission of information from this Website does not create an attorney-client relationship between you and The Firm, nor is it intended to do so. The transmission of the Website, in part or in whole, and/or any communication with us via Internet e-mail through this site does not constitute or create an attorney-client relationship between us and any recipients.

Some links within the Website may lead to other web-sites, including those operated and maintained by third parties. The Firm includes these links solely as a convenience to you, and the presence of such a link does not imply a responsibility for the linked site or an endorsement of the linked site, its operator, or its contents.

This Website and its contents are provided "AS IS" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Furthermore, The Firm does not wish to represent anyone desiring representation based upon viewing this Website in a state where this Website fails to comply with all laws and ethical rules of that state.

Reproduction, distribution, republication, and/or retransmission of material contained within The Firm Website is prohibited unless the prior written permission of The Firm has been obtained.

 


 

Terms Of Service

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full and without reservation. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

You must be at least 18 [eighteen] years of age to use this website. By using this website and by agreeing to these terms and conditions, you warrant and represent that you are at least 18 years of age.

License to use website

Unless otherwise stated, The Law Office of Michael Pham and/or its licensors own the intellectual property rights published on this website and materials used on this website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages, files or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

       
  • republish material from this website in neither print nor digital media or documents (including republication on another website);
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  • sell, rent or sub-license material from the website;
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  • show any material from the website in public;
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  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
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  • edit or otherwise modify any material on the website;
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  • redistribute material from this website – except for content specifically and expressly made available for redistribution; or
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  • republish or reproduce any part of this website through the use of iframes or screenscrapers.

Where content is specifically made available for redistribution, it may only be redistributed within your organization.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of this website or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities on or in relation to this website without Michael H. Pham's express written consent.

This includes:

       
  • scraping
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  • data mining
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  • data extraction
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  • data harvesting
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  • ‘framing’ (iframes)
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  • Article ‘Spinning’

You must not use this website or any part of it to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without the express written consent of Michael H. Pham.

Restricted access

Access to certain areas of this website is restricted. Michael H. Pham reserves the right to restrict access to certain areas of this website, or at our discretion, this entire website. We may change or modify this policy without notice.

If this site provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. You alone are responsible for your password and user ID security..

We may disable your user ID and password at our sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to Michael H. Pham a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Michael H. Pham the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Michael H. Pham or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Michael H. Pham reserves the right to edit or remove any material submitted to this website, or stored on the servers of Michael H. Pham, or hosted or published upon this website.

Michael H. Pham’s rights under these terms and conditions in relation to user content, Michael H. Pham does not monitor the submission of such content to, or the publication of such content on, this website.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. Michael H. Pham makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Michael H. Pham does not warrant that:

       
  • this website will be constantly available, or available at all; or
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  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Limitations of liability

Michael H. Pham will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

       
  • to the extent that the website is provided free-of-charge, for any direct loss;
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  • for any indirect, special or consequential loss; or
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  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Michael H. Pham has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit the liability of Michael H. Pham in respect of any:

       
  • death or personal injury caused by the negligence of The Law Offices of Michael H. Pham or its agents, employees or shareholders/owners;
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  • fraud or fraudulent misrepresentation on the part of The Law Offices of Michael H. Pham; or
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  • matter which it would be illegal or unlawful for The Law Offices of Michael H. Pham to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, The Law Offices of Michael H. Pham has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against The Law Offices of Michael H. Pham’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect The Law Offices of Michael H. Pham’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as this website.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify Michael H. Pham and undertake to keep Michael H. Pham indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Michael H. Pham to a third party in settlement of a claim or dispute on the advice of Michael H. Pham’s legal advisers) incurred or suffered by Michael H. Pham arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to Michael H. Pham’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Michael H. Pham may take such action as Michael H. Pham deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

This website may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

Michael H. Pham may transfer, sub-contract or otherwise deal with Michael H. Pham’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions, together with this website's Privacy Policy constitute the entire agreement between you and Michael H. Pham in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with the laws of TEXAS, USA, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of TEXAS, USA.

Michael H. Pham’s Details

You can contact us by email on our contact us page.

 


 

Privacy Policy

This privacy policy applies to information collected online from users of this website. In this policy, you can learn what kind of information we collect, when and how we might use that information, how we protect the information, and the choices you have with respect to your personal information.

What personal information is collected through this website and how is it used?

We collect information about our users in three ways: directly from the user, from our Web server logs, and through cookies. We use the information primarily to provide you with a personalized Internet experience that delivers the information, resources, and services that are most relevant and helpful to you. We don’t share any of the information you provide with others, unless we say so in this Privacy Policy, or when we believe in good faith that the law requires it.

User-supplied information: If you fill out the contact form on this website, we will ask you to provide some personal information (such as e-mail address, name, phone number and state). We only require that you provide an e-mail address on the contact form. Further, if chat is available through this site, you may be asked to provide information if you participate in an online chat. Please do not submit any confidential, proprietary, or sensitive personally identifiable information (e.g. Social Security Number; date of birth; drivers license number; or credit card, bank account, or other financial information) (collectively, “Sensitive Information”). If you submit any Sensitive Information, you do so at your own risk, and we will not be liable to you or responsible for consequences of your submission.

Information that you provide to us through the contact form or an online chat will be used so that we may respond to your inquiry. We may also use information you provide to us to communicate with you in the future. If you do not wish to receive such communications, you may opt out (unsubscribe) as described below.

Web server logs: When you visit our website, we may track information about your visit and store that information in web server logs, which are records of the activities on our sites. The servers automatically capture and save the information electronically. Examples of the information we may collect include:

       
  • your unique Internet protocol address;
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  • the name of your unique Internet service provider;
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  • the town/city, county/state and country from which you access our website;
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  • the kind of browser or computer you use;
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  • the number of links you click within the site;
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  • the date and time of your visit;
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  • the web page from which you arrived to our site;
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  • the pages you viewed on the site; and
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  • certain searches/queries that you conducted via our website(s)

The information we collect in web server logs helps us administer the site, analyze its usage, protect the website and its content from inappropriate use and improve the user’s experience.

Cookies: In order to offer and provide a customized and personal service, our websites and applications may use cookies to store and help track information about you. Cookies are simply small pieces of data that are sent to your browser from a Web server and stored on your computer’s hard drive. We use cookies to help remind us who you are and to help you navigate our sites during your visits. Cookies allow us to save passwords and preferences for you so you won’t have to re-enter them each time you visit.

The use of cookies is relatively standard. Most browsers are initially set up to accept cookies. However, if you prefer, you can set your browser to either notify you when you receive a cookie, or to refuse to accept cookies. You should understand that some features of many sites may not function properly if you don’t accept cookies.

How is personal information protected?

We take certain appropriate security measures to help protect your personal information from accidental loss and from unauthorized access, use or disclosure. However, we cannot guarantee that unauthorized persons will always be unable to defeat our security measures.

Who has access to the information?

We will not sell, rent, or lease mailing lists or other user data to others, and we will not make your personal information available to any unaffiliated parties, except as follows:

       
  • to agents, website vendors and/or contractors who may use it on our behalf or in connection with their relationship with us;
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  • if we are unable to assist with your matter, but know an unaffiliated attorney or firm that may be able to help you, we may refer you and share information you provided us with that party; and
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  • as required by law, in a matter of public safety or policy, as needed in connection with the transfer of our business assets (for example, if we are acquired by another firm or if we are liquidated during bankruptcy proceedings), or if we believe in good faith that sharing the data is necessary to protect our rights or property
 

How can I correct, amend or delete my personal information and/or opt out of future communications?

You may opt out of any future contacts from us at any time. Contact us via the phone number, contact form or mailing address on our website at any time to:

       
  • see what data we have about you, if any;
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  • change/correct any data we have about you;
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  • ask us to delete any data we have about you; and/or
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  • opt out of future communications from us.

If you have any additional questions or concerns about this privacy policy, please contact us via the phone number, contact form, or mailing address listed on this website. If our information practices change in a significant way, we will post the policy changes here.

Effective November 15, 2015

 


 

DMCA Policy

Michael Pham respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedures for Making Claims of Copyright Infringement below.

Notice and Procedure for Making Claims of Copyright Infringement Pursuant to the Digital Millennium Copyright Act.

If you believe that you hold a claim of copyright infringement against Michael Pham submit notice of your claim to the following Designated Agent:

Attention: Michael H. Pham
Please send us your concerns via our contact form
Please click here for the contact form.

To be effective, the notification of your claim of copyright infringement should be written and should include the following:

       
  • A statement that you are the owner of the exclusive right you claim has been infringed, or a statement that you are authorized to act on behalf of the owner of an exclusive right that has allegedly been infringed.
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  • A statement, under penalty of perjury, that the information in the notification is accurate. Your signature. (The signature may be electronic.)
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  • The identification of the copyrighted work you claim has been infringed. (If you claim that multiple copyrighted works have been infringed you can submit one notification with a list of the allegedly infringed works.)
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  • Identification of the material that you claim to be infringing and information reasonably sufficient to permit Michael Pham to locate the material.
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  • Information reasonably sufficient to permit Michael Pham to contact you, including your address, telephone number, fax number and, if available, an electronic mail address.
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  • You can provide contact information for the owner of the exclusive right that you claim has been infringed if you are not the owner, but rather authorized to act on behalf of the owner.
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  • A statement you have 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. Michael Pham will respond to any DMCA complaints in a timely manner. Should you be the copyright holder of a specific piece of content featured on this site without your permission, Michael Pham will remove it in a timely manner once notified.

 


 

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