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Terms And Conditions Of Use

The Terms and Conditions of Use (“The Agreement”) are provided by The Law Office of Keith Hajovsky, an online Texas practice managed by attorney Keith Hajovsky, a licensed solo practitioner.  The Agreement will govern the use of this website, including all content provided on the website and through access to all online services provided by The Law Office of Keith Hajovsky.

Limitation of Services

While authorities in some jurisdiction may deem this website and this law practice to be an advertisement for legal services in their jurisdiction, this website should not be construed as a solicitation for legal services related to any other states’ laws. This website and this legal practice offer services related to Texas law only.

Confidentiality and the Attorney-Client Relationship

A viewer of this website should be aware that this firm’s duties of confidentiality and the attorney-client privilege may not arise until an attorney has expressly communicated the ability to respond to that viewer. The Law Office of Keith Hajovsky may decline to represent a viewer if a possible conflict of interest is discovered, if the firm believes the prospective client’s legal needs cannot be met appropriately or for other various reasons.

All client information received by The Law Office of Keith Hajovsky is held in strict confidence and will not be released to anyone outside of this practice unless agreed to by the client, or as required under applicable law. In compliance with the relevant professional rules and restrictions of the State Bar of Texas, this practice is bound by stringent professional standards of confidentiality.

Unbundled Legal Services

The Law Office of Keith Hajovsky is not a pre-paid legal service. Rather, it is a predominantly online legal practice where the client is charged a one-time fee for limited legal services related to Texas law. This means that the legal services provided by this law firm only extend to those services that the client has requested and purchased and this law firm has provided. After the client has purchased a service and The Law Office of Keith Hajovsky has agreed to provide it and has completed the work, the client cannot expect this law firm to perform in any additional capacity.

For example, if The Law Office of Keith Hajovsky assists the client in creating Estate Planning documents, it is not the law firm’s responsibility to ensure that the forms are properly filed, to attend a hearing or trial on the client’s behalf, or to provide any other legal services related to that matter beyond the original purchased and provided limited legal services.  Likewise, after the client has paid for the requested services and this firm has performed them, The Law Office of Keith Hajovsky will not expect any further payment from the client other than payment for the original requested legal services performed by this law firm.

As with any legal service, The Law Office of Keith Hajovsky cannot guarantee any legal outcome.  By purchasing this firm’s services, the client agrees that it remains his/her responsibility to properly and timely file any legal documents and to comply with Texas state and local legal procedures.

Security and Retention of Records

Transactions and other communications conducted through The Law Office of Keith Hajovsky’s virtual law office application, MyCase, are secure. MyCase runs on Amazon EC2 cloud servers. Amazon facilities are nondescript locations protected by military grade perimeters. Physical access is strictly controlled by two factor authentication and 24 hour security escorts. All sensitive information is encrypted by MyCase before it is written to disk.  MyCase uses 128-bit SSL encryption for data transmission and 256-bit AES encryption when storing data.  Unique keys are generated for every item, providing an additional layer of security. Data is backed up using Amazon S3 storage, providing extremely high durability. MyCase performs regular backups of the entire MyCase database and data integrity is validated on every individual update. All of this firm’s records are securely retained for the period of years required under Texas law.

Articles and Other General Public Information Provided on this Website

This website was created by The Law Office of Keith Hajovsky for informational purposes only. The materials on the public portion of this website do not constitute legal advice, nor do they create an attorney-client relationship between the viewer of this website and The Law Office of Keith Hajovsky. Likewise, said materials do not necessarily reflect the opinions of The Law Office of Keith Hajovsky, nor are they guaranteed to be correct, complete, or up to date. The viewer should not act or rely on the public information in this website without seeking the advice of an attorney licensed in the viewer’s state.

Copyright

Unless otherwise indicated, all TexasWillAttorney.com materials, including, without limitation, the logo, all designs, text, graphics, other files, and the selection and arrangement thereof, also termed the “look and feel,” are the proprietary and copyrighted property of Keith Hajovsky. Viewers of this website may electronically copy and print to hard copy portions of TexasWillAttorney.com for the sole purpose of using materials it contains for information and non-commercial, personal use only. All reproduced material requires appropriate copyright notice in the form of “© 2013 – 2017 Keith Hajovsky. All Rights Reserved” to be displayed on the relevant page(s). Any other use of the materials in TexasWillAttorney.com – including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display or performance – without the prior written permission of Keith Hajovsky is strictly prohibited.

Client Payments and Funds

No fee will be charged nor any obligation incurred by merely registering for access to the secure MyCase portal. Nor will there be an obligation to pay for legal services by merely filling out an information form. Nor will there be an obligation to pay for legal services by receiving a quote titled Agreement For Legal Services from The Law Office of Keith Hajovsky. There will not be a contract between the client and The Law Office of Keith Hajovsky until the client agrees to the conditions of the Agreement For Legal Services sent to the client and the client pays the quoted advance fee.

When client funds are paid to The Law Office of Keith Hajovsky, in most situations these funds will be held in a trust account within the guidelines of the State Bar of Texas’ Rules of Professional Conduct. These funds will not be transferred to The Law Office of Keith Hajovsky until the legal services requested by the client are accessible to the client. Some requested services may require the upfront payment of a retainer fee before The Law Office of Keith Hajovsky will begin work.

After the client’s payment of the agreed upon quote is confirmed through a Cardholder Information Security Program (CISP) compliant credit card processor, The Law Office of Keith Hajovsky will create the documents ordered and make them available to the client per the terms and conditions of the confirmed quote. Unless there are different terms specified in the Agreement For Legal Services, the client will have 30 (thirty) days from receipt of access to the created documents to ask questions about the documents and make simple revisions of the documents at no extra charge.

If further communication outside the scope of the agreed upon quote is required with The Law Office of Keith Hajovsky, the client may request a price quote for additional legal work. The Law Office of Keith Hajovsky will not pay any court costs associated with the client’s case which may be required as part of a lawsuit, filing fees or service of process fees.

Disclosure Required by the State Bar of Texas

The State Bar of Texas investigates and prosecutes misconduct committed by attorneys.  Although not every complaint or dispute with a lawyer involves professional misconduct, the State Bar Office of the General Counsel will provide the viewer with information about how to file a complaint.  For more information, please call 1-800-932-1900.

General Website Use

To view the articles and public documents on the public portions of this website the viewer does not need to reveal any personal information. This website may present the option of accepting JavaScript and cookies in order to lay out the web page correctly and to store customized settings for the viewer’s next visit. These features may be disabled by the viewer’s browser, however this will limit the look and functionality of the website. All page requests are logged in order to properly maintain the service and security of this website.

Virtual Law Office Registration And Usage

In order to register for access to the secure MyCase client portal, the website viewer must first provide their name and e-mail address. Upon receiving this information The Law Office of Keith Hajovsky will register the website viewer who will then receive an automated e-mail which will provide a password protected account with the MyCase portal. There will be no fee charged for registering for this portal. By registering, the website viewer represents that he/she is at least 18 years of age and able to enter into a binding contact with The Law Office of Keith Hajovsky, and the viewer will receive access to a personal information page where he/she may request legal services in a secure manner. Furthermore, by registering the viewer is representing that the information provided to The Law Office of Keith Hajovsky is correct, accurate and updated. The Law Office of Keith Hajovsky requests that the client keep his/her personal contact information current within the MyCase portal.

The information shared via the virtual law office will be used during the client’s transactions with The Law Office of Keith Hajovsky to provide limited legal services in compliance with Texas law. The client’s information may be provided to a third party in order to provide the service the viewer requested and/or as is required by law. All other use of viewer’s personal information will be limited to the attorney-client relationship with The Law Office of Keith Hajovsky. This website uses cookies to store a session id. Therefore, in order to register on the website, cookies must be enabled so that this law office can provide the client with a secure transaction.

Website Public Contact Form And Email

Because this is a virtual law practice, The Law Office of Keith Hajovsky would prefer that the client provide his/her information to this law office by using the personal MyCase portal account provided to him/her at no cost. Use of the public contact form on this website does not, by itself, establish an attorney-client relationship. Any information the viewer conveys to The Law Office of Keith Hajovsky via this website’s public contact form or via regular email may not be secure, and information conveyed prior to establishing an attorney-client relationship may not be privileged or confidential.

Limitation of Liability – No Warranties

The Law Office of Keith Hajovsky assumes no liability for any errors or omissions in the content of this website. This law firm will not be responsible under any legal theory for damages, including direct, indirect, incidental, consequential or special, arising as a result of anyone’s use of this website. This website pertains to the practice of Texas law only. Therefore, the content of this website is not applicable in any state other than Texas. The parties expressly agree that no oral or other representation has been made as to additional warranties or services.

The general information provided on this website is provided without warranty of any kind, express or implied. The Law Office of Keith Hajovsky reserves the right to change, modify, add, and delete the content on this website.

Arbitration and Jurisdiction

In the event that The Law Office of Keith Hajovsky cannot, in good faith, arrive at a resolution of any dispute, then any controversy or claim arising out of or relating to this agreement or a client’s representation by The Law Office of Keith Hajovsky shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the Arbitrator(s) may be entered of record in any court having proper jurisdiction. The locale of the arbitration shall be Austin, Texas. This agreement shall be governed by the laws of the State of Texas. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings. Each person who registers on this website is deemed to have knowingly and voluntarily waived any right to go to court to resolve any case or controversy related to this agreement, TexasWillAttorney.com, or any services provided by The Law Office of Keith Hajovsky.

Assignment

The rights and obligations created for any viewer of this website under this agreement may not be assigned to any other party.

Force Majeure

The Law Office of Keith Hajovsky will not be deemed to be in breach of this agreement for any delay or failure in performance caused by reasons out of its reasonable control, including acts of God or a public enemy; natural calamities; failure of a third party to perform; changes in the laws or regulations; actions of any civil, military or regulatory authority; power outage or other disruptions of communication methods or any other cause which would be out of the reasonable control of The Law Office of Keith Hajovsky.

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.

IRS Circular 230 Disclosure

In compliance with the requirements of the IRS pertaining to the publication of Circular 230, The Law Office of Keith Hajovsky informs the viewer that any advice contained on this website or in any communication originating from this website or this law practice which is related to U.S. federal tax advice is not intended or created to be used, and cannot be used, for the purpose of either avoiding penalties under the Internal Revenue Code, or promoting, marketing or recommending to another party any transaction or matter that is contained on this website or in any communication originating from this law practice.

Modification Of These Terms

The Law Office of Keith Hajovsky reserves the right to change the terms, conditions, and notices under which TexasWillAtttorney.com is offered. By using TexasWillAttorney.com or sending this law office any personal information, the viewer agrees to this policy and will be deemed bound to this policy in effect as of the date of such use.

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