Terms of Service

Please read these terms of service before using Ben Michael PC's website or services.

1. Terms

By accessing the website at zealousadvocate.com, you are agreeing to be bound by these terms of service, Ben Michael PC privacy policy, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. You also represent that you are over the age of 18. If you do not agree with any of the foregoing, including any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

2. Use License

Permission is granted to temporarily download one copy of the materials (information or software) on Ben Michael PC website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

modify or copy the materials;
use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
attempt to decompile or reverse engineer any software contained on Ben Michael PC website;
remove any copyright or other proprietary notations from the materials; or
transfer the materials to another person or "mirror" the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Ben Michael PC at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

The materials on Ben Michael PC website are provided on an 'as is' basis. Ben Michael PC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

Further, Ben Michael PC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site, and Ben Michael PC does not warrant or make any representations concerning the success of its services.

4. Ben Michael PC Communications, TCPA Consent, and Privacy

You agree to receive communications from Ben Michael PC or communications related to Ben Michael PC services at any of the phone numbers provided to Ben Michael PC by you or on your behalf, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems.

You consent to receive SMS messages (including text messages), calls and messages (including prerecorded and artificial voice and autodialed) from Ben Michael PC, its agents, representatives, affiliates, or anyone calling on Ben Michael PC behalf at the specific number(s) You have provided to Ben Michael PC, or numbers we can reasonably associate with Your account.

IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM Ben Michael PC PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. IF YOU WISH TO OPT OUT OF PROMOTIONAL CALLS OR TEXTS, YOU MAY TEXT "STOP" FROM THE MOBILE DEVICE RECEIVING THE MESSAGES.

5. Limitations

In no event shall Ben Michael PC or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Ben Michael PC website, even if Ben Michael PC or a Ben Michael PC authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

6. Accuracy of Materials

The materials appearing on Ben Michael PC website could include technical, typographical, or photographic errors. Ben Michael PC does not warrant that any of the materials on its website are accurate, complete or current. Ben Michael PC may make changes to the materials contained on its website at any time without notice. However, Ben Michael PC does not make any commitment to update the materials.

7. Links

Ben Michael PC has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Ben Michael PC of the site. Use of any such linked website is at the user's own risk.

8. Modifications

Ben Michael PC may modify these terms of service for its website at any time without notice. You agree that each visit you make to this website and your continued use of this website or Ben Michael PC services shall confirm that you read, accepted, and agreed to be bound by any modification. No modification shall apply to a dispute that accrued or of which Ben Michael PC had actual notice on or before the date of the modification.

9. Dispute Resolution

9.1 Class Action Waiver; No Consolidation of Claims

To the extent permitted by applicable law, the parties hereby waive their rights to assert any claim as a plaintiff or class member in any purported class action. Further, unless both you and Ben Michael PC otherwise agree in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of collective action, private attorney general action, or other representative proceeding.

9.2 Arbitration

Except for collection efforts and enforcement of an arbitration order under this Paragraph 9, if the parties are unable to resolve any dispute related to these terms or Ben Michael PC privacy policy by direct negotiation, they shall resolve the dispute through binding arbitration in Austin, TX, before a single arbitrator from the American Arbitration Association in accordance with its Commercial Arbitration Rules.

9.3 Choice of Law

These terms, Ben Michael PC privacy policy, and any dispute related to these terms or Ben Michael PC privacy policy shall be governed by and interpreted in accordance with the laws of the State of Texas without regard to its conflict of laws provisions. If any litigation is validly instituted related to these terms or Ben Michael PC privacy policy, the parties hereby consent to the exclusive personal jurisdiction of the state and federal courts in Travis County, Texas and waive any objection as to venue or inconvenient forum.

9.4 Jury Trial

The parties hereby waive any right to a jury trial in connection with a dispute related to these terms or Ben Michael PC privacy policy.

9.5 Attorneys' Fees

If any arbitration or legal proceeding is validly instituted to resolve a dispute or to enforce these terms or Ben Michael PC privacy policy, the prevailing party may recover its attorneys' fees and other costs.

10. Contact Us

If you have any questions about these Terms of Service, you may contact Ben Michael PC by email at [email protected].