THIS TERMS AND CONDITIONS PAGE GOVERNS YOUR USE OF THIS WEBSITE.PLEASE READ THE FOLLOWING AGREEMENT AND INFORMATION CAREFULLY.
Last Revision: AUGUST 20, 2020
Oberheiden P.C. (the “Firm”) is a Dallas, Texas-based law firm and practices throughout the United States. Your use of any Firm associated website (collectively, the “Website”) and any features therein are subject to these terms and conditions (the “Terms”).
By accessing this Website in any way including without limitation, by browsing or using any information found herein, or 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 agree to these Terms, you must leave the Website and discontinue its 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 on a regular basis 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 on this Website or affiliated links going into this Website or originating from this Website under the control of Oberheiden PC are intended to be or meant to be misleading. See Bates & Van O Steen v. State of Arizona, 433 U.S. 350 (1977).
Oberheiden P.C. operates and publishes information on this Website. This Website and its domain name are owned by a third party that is not a law firm and does not practice law, but solely provides the domain of the Website to Oberheiden P.C. The responsible attorney for this Website is P.C. Meyer.
Oberheiden P.C. maintains offices in Dallas, Texas, and Houston, Texas. In some cases, the Firm may associate with other attorneys/firms/consultants for the Matter, including the Firm’s current or additional “Local Counsel(s)” and/or their independent respective 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).
No Legal Advice or Attorney-Client Relationship
Oberheiden P.C. and its content does not constitute or contain legal advice, legal opinions or any other form of advice regarding any fact or circumstance. Do not act or fail to act upon any Website information without seeking professional legal counsel.
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 manner or for any reason, will not be treated as confidential or proprietary. Please contact us first to ask how best to share that information with the Firm should you become a client of the Firm and are required to share any confidential information. In any case and without limitation, your access or use of the Website does not create an attorney-client relationship. Your access or use of this Website does not make you a client or a prospective client of the Firm.
Oberheiden P.C. does not represent you until an agreement has been reached between you and Firm to handle a particular matter.
No Guarantee of Results
Texas-based law firms are limited to display, mention, and publish results that were obtained for other clients. Subject to Comment No. 4 to Rule 7.02 of the Texas Disciplinary Rules of Professional Conduct, prior results must not be misleading.
Some of this Website’s case summaries, reports of past cases (and their outcomes), and the description of experience and past legal services in an attorney’s profile outline and describe past cases handled by the Firm’s attorneys. They are not intended to serve as a guarantee that the same or similar result can be achieved in every matter or in your case. 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 a variety of factors, including specific facts, circumstances, and laws that apply to the matter. Unexpected developments beyond the control of any client or attorney may further make your case substantially different than previous cases handled by the Firm’s attorneys, resulting 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.
Intended to be consistent with New York’s Rules of Professional Conduct (Rule 7.1) and similar rules, where applicable, any reference to a specific “Success Rate” (e.g.” Avoided Criminal Charges in 92% of All Cases”) is based on a two-year review process, includes any representation in which federal charges are conceivable, is subject to verification and accuracy, and relates to attorney Nick Oberheiden only.
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 the Firm’s practice areas, practice focus, expertise, or legal experience is not intended to suggest board certification or to denigrate other law firms or attorneys in any way. Our attorneys are licensed in the jurisdictions listed in their respective profiles and our attorneys do not intend to advise clients on the laws of states in which that respective lawyer is not licensed. Oberheiden P.C.’s practice is predominantly federal law and we may affiliate or form relationships with lawyers throughout the United States for licensing purposes.
Legal and Ethical Requirements & Disclosures
Oberheiden, P.C. tries to comply with all legal and ethical obligations in compiling this Website and in practicing law. We welcome comments about our compliance.
When it comes to selecting the right attorney, you are the judge. You should not make any hiring decision before interviewing numerous lawyers to see which law firm appears to be the right fit for your case.
The operators of this Website utilize various search engine optimization techniques. For you, the consumer of information, this means you should never make a decision about hiring an attorney just because the attorney or the law firm “rank” higher than other firms or are better positioned in their marketing. Ranking “higher” online is not necessarily an indication of “higher” quality or potentially better results.
You are the decision-maker. You are the judge. You, the potential client, need to assess by interviewing different lawyers, who could serve you best in the situation you are in and for which you seek legal counsel. Oberheiden P.C. encourages all visitors and potential clients to always interview multiple law firm candidates and to never simply rely on search engines, rankings, marketing, advertisement, promotions, media interviews, endorsement, recommendation, suggestion, or any other form of representation whether online, printed, written, or verbal irrespective of the origin of such a description and statement.
Oberheiden PC goes through rigid review processes to make sure that all content and website representations are truthful and not misleading, are based on verifiable information, and are not unfair to you or others. If you, in your capacity as a potential or actual client, or as a competitor, or as a visitor to this Website come across any content or representation that deviates from these standards, please inform us immediately to assess your claim and to review such alleged content. Your cooperation is appreciated.
Authorized Practice of Law
Oberheiden P.C.’s lawyers are not licensed in all 50 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. The 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.
The practice of law in any state or jurisdiction in which the Firm’s lawyer is not admitted is temporary in nature and the Client will be informed about the boundaries of the lawyer’s license. The client is aware that the Agency Partnership Act allows a person to select an attorney in good standing to represent a client in federal agency matters. Firm’s practice is largely limited to federal law, international law, federal administrative agency law, the practice of law with local counsel, the representation of nonresident clients, multi-state issues, reasonable expectation of pro hac vice admission, and guided by 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 where the Website would be so characterized (and would fail to comply with applicable laws and ethical rules of such jurisdiction). The Firm does not seek to represent any 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.
Connections on social media websites such as LinkedIn or Facebook friends with unrepresented parties are not meant to constitute solicitations and any connections with government officials and/or judicial officers.
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.
This Website is offered by Oberheiden, P.C. on an “as is” basis. With respect to the Website and any information contained therein, 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 on that your use is at your own risk and that under no circumstance shall the Firm be liable for damages of any kind. Although the Firm strives to reasonably ensure that all material on this Website is correct, the Firm cannot guarantee that all such information is accurate and, as such, the Firm makes no warranties or representations as to its accuracy.
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 thereof, including the risk of damage from computer viruses. You acknowledge that the entire and sole risk of using the Website remains completely with you to the maximum extent allowed by applicable law.
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 the 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 is permitted to read, view, listen to, and print as well as to 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
Pursuant to 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. Should third party content be accessible via links from this Website, we assume no liability or responsibility for such content. Third-party content reflects the opinion of the third party and does not reflect our beliefs, nor does the Firm endorse such content.
You agree to not use this Website for any illegal purpose or any purpose contrary to the 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 and all 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.
Oberheiden P.C.’s failure to insist upon 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 principles of conflicts of law. Any dispute between you and Oberheiden, P.C., between you and the owner of this Website, or between you and the owner of this Website and 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 shall be deemed 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.