Informational Purposes Only. The information contained in this resource is provided solely for informational purposes and should not be construed as legal advice on any subject matter. Any information contained herein is not intended to be a substitute for legal counsel on any subject. Internet subscribers and online readers should not act upon this information without seeking professional counsel. You should not rely upon any information contained herein for any purpose without seeking legal advice from a duly licensed attorney competent to practice law in your jurisdiction.
Not Legal Advice. Atticus Mediation Group provides this resource solely for general informational purposes. It is not intended, and as a condition of your use and access, you acknowledge that you understand and agree that nothing on this resource or communications sent or received in relation to it (1) constitutes legal advice or a substitute for legal advice; or (2) establishes or creates any attorney-client relationship with Atticus Mediation Group or any of its attorneys and any other party; and (3) shall not be relied upon or used as a substitute for or as legal advice.
No Attorney-Client Relationship/Inquiries Regarding the Establishment of Relationship. We are happy to visit with you or your organization about the possibility of our engagement to provide legal advice or other legal services. When and if you make such an inquiry, however, please be advised that Atticus Mediation Group has established and applies formal processes that must be satisfied before it can and will agree to establish an attorney-client relationship with any party. When and if we accept engagement as legal counsel, it is our policy to require that any party engaging us enter into an engagement letter that confirms the date of commencement of our relationship and other terms and conditions governing the relationship. Before any engagement will be accepted, we require that certain procedures be completed to confirm the suitability and acceptability of the proposed engagement. These include investigating and evaluating the proposed representation for possible conflicts of interest and the suitability of the proposed representation given our expertise, other client involvement, business objectives, available staffing, client financial responsibility and any other factors that Atticus Mediation Group in its exclusive discretion determines relevant. The use or access of this resource or our response to any inquiries or other communications from you in connection therewith does not establish an attorney-client relationship or create any expectation or obligation for us to do so. By using and accessing this resource and engaging in any subsequent correspondence or communications pursuant thereto, you acknowledge and agree that no attorney-client relationship will be created unless and until we notify you in writing that we have accepted representation of you.
No Attorney-Client Privilege. We do not establish attorney-client relationships with individuals or corporations pursuant to this resource or provide legal advice pursuant to this resource. Therefore, any communications made in response to this resource may not qualify for attorney-client privilege unless you are already a client of Atticus Mediation Group and the communication is made pursuant to that pre-existing representation. If you are not already a client of Atticus Mediation Group your communications with Atticus Mediation Group may not be privileged and could be disclosed to other persons or used for other purposes we determine appropriate. As a result, do not send Atticus Mediation Group any confidential and privileged information unless and until you have established an attorney-client relationship with Atticus Mediation Group and have entered into a written engagement agreement for the provision of legal services for the purpose of establishing an attorney-client relationship.
Past Representation No Guarantee of Future Results. Each engagement and client circumstance is unique and the outcome of any matter or engagement is impacted by a wide range of variables. Therefore, our performance in any case and/or any other statement or matter is not a guarantee of a future result or outcome in your case or matter.
No Warranties/Limitations of Liability. Atticus Mediation Group expressly disclaims all liability with respect to actions taken or not taken based upon the information contained herein or with respect to any errors or omissions in such information. This resource and the materials included or referenced within it are provided “as is” without any warranty of any kind, either express or implied, including, without limitation, warranties of fitness for a particular purpose, merchantability, non-infringement; warranty of any outcome or result; and/or any other warranty of any kind or nature, express or implied. Atticus Mediation Group expressly disclaims, and makes no representations or guarantees that the information and materials on this resource or that it references are correct, complete, up-to-date, or relevant or appropriate for reliance upon by any party. You acknowledge that you are responsible for engaging competent legal counsel for specific advice concerning the completeness, accuracy, appropriateness, and consequences of any information shared in this resource as it relates to any particular legal situation and the range of alternatives, consequences, and implications of any specific circumstance or concern. You agree that you will not rely on, and will be solely responsible for any use or action you take based on any information, tools, materials or statements contained in or accessed through this resource or any communication made in connection herewith and that Atticus Mediation Group and its members, affiliates, partners, employees, agents and assigns (the “Affiliates”) shall have no liability therefor.
Atticus Mediation Group, LLC Communications. By accessing or using this resource and/or any of its features, you consent and agree that Atticus Mediation Group and any of its members may communicate with you through e-mail, notices posted on the Atticus Mediation Group resource, mail, telephone and/or through other means it determines appropriate, including text and other forms of messaging. If we send any communications to you via the carrier service with which you have a mobile communications subscription or otherwise have access, you understand you will pay any service fees associated with any such access (including text messaging charges for messages to your mobile device). By accessing and/or using this site, you agree that Atticus Mediation Group and any member may send you promotional information except as otherwise required by law where you have opted out of receiving such information. You can request a change to your e-mail and contact preferences at any time by editing your User login or e-mailing your e-mail notification choices. If you wish, you can also opt-out of receiving promotional e mails by sending a request with the word “remove” or “unsubscribe” in the subject to firstname.lastname@example.org or write to us at: Atticus Mediation Group, Hall Office Park, Suite 105, 2801 Network Blvd., Frisco, Texas 75034. We will use our best efforts to process and honor these requests to the extent required by law within applicable legal time frames.
E-Mail and Other Communications. We are happy to communicate with you by e-mail or otherwise. If you communicate with us by e-mail or otherwise (or receive any communication from us via e-mail or otherwise) in connection with a matter for which we do not already represent you, however, keep in mind that your transmission of that communication or our receipt or response to it does not establish any attorney-client relationship, constitute or in any way obligate us to accept or undertake any legal representation, and as a result thereof, may not qualify as privileged or confidential. If you communicate with us by e-mail with respect to a matter for which we already represent you, keep in mind that e-mail communications via Internet-mail may not necessarily be secure unless adequately encrypted. Therefore, clients of the firm are cautioned to avoid sending sensitive or confidential e-mail messages unless appropriately encrypted. Any party accessing or using this resource by such use acknowledges and agrees to our use, access, or disclosure of any information communicated or otherwise conveyed as a result thereof in any manner we determine appropriate.
Lawyer Advertising and Principal Office Notice. This resource may be considered advertising in certain jurisdictions. The hiring of an attorney is an important decision. It should not be made solely upon written information about qualifications or experience contained in this resource. Atticus Mediation Group endeavors to comply with all known legal and ethical requirements in preparing and maintaining this resource. To the extent that State Bar rules in an applicable jurisdiction require us to designate a principal office and/or single attorney responsible for this resource, we designate our Dallas/Plano office located at Atticus Mediation Group, Hall Office Park, Suite 105, 2801 Network Blvd., Frisco, Texas 75034. Telephone: (469) 626-5180. E mail: email@example.com as our principal office and Timothy B. Soefje as the attorney responsible for this resource. Unless otherwise expressly noted, attorneys of the firm are not certified by the Texas Board of Legal Specialization and no lawyer is certified as an “expert” or “specialist” by any authority governing the practice of law in the State of Texas or in any other jurisdiction.
Links to Other Resources. This resource or the articles that it contains may include references or links to other resources on the Internet or otherwise. Any such references are made solely to facilitate the ability of the reader to identify and locate other Internet or other resources that may be of interest and are not intended to state or imply that we endorse, sponsor, are associated or affiliated with any other party, or that we are legally authorized to use any trade name, registered trademark, logo, legal or official seal or any copyrighted symbol or content that may be reflected on or associated with that link.
Circular 230 Notice. The following disclaimer is included to comply with and in response to U.S. Treasury Department Circular 230 Regulations. ANY STATEMENTS CONTAINED HEREIN ARE NOT INTENDED OR WRITTEN BY THE WRITER TO BE USED, AND NOTHING CONTAINED HEREIN CAN BE USED BY YOU OR ANY OTHER PERSON, FOR THE PURPOSE OF (1) AVOIDING PENALTIES THAT MAY BE IMPOSED UNDER FEDERAL TAX LAW, OR (2) PROMOTING, MARKETING OR RECOMMENDING TO ANOTHER PARTY ANY TAX-RELATED TRANSACTION OR MATTER ADDRESSED HEREIN.
Copyright Notice. The information contained herein contains a copyright and all rights are reserved. The copyright is as follows: “©2017 Atticus Alternate Dispute Resolution, LLC d/b/a Atticus Mediation Group, All Rights Reserved.” Atticus Mediation Group maintains copyright ownership of all information contained within this site. You are authorized to download and print the content of this resource one time for your personal, non-commercial use provided all printouts include our copyright referenced above, you pay the applicable fee, if any, and with the requirement that you not modify the content of the site information. All other use including copying, distribution, re-transmission or modification of the information or materials contained herein without the express written consent of Atticus Mediation Group is strictly prohibited.
Binding Arbitration/Limitation of Remedies. As a condition of your access and use of this resource and any and all materials, services, products or other resources herein or accessed pursuant hereto, you agree as follows: (1) YOU AGREE THAT YOUR REMEDY FOR ANY CLAIM, DISPUTE, OR CONTROVERSY, WHETHER IN CONTRACT, TORT, OR OTHERWISE, AND WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTERNATIONAL TORT AND EQUITABLE CLAIMS (“DISPUTE”) AGAINST Atticus Mediation Group ("The Firm") AND THE AFFILIATES DIRECTLY AND/OR INDIRECTLY ARISING FROM, IN CONNECTION WITH OR RELATING TO THIS AGREEMENT, ITS INTERPRETATION, OR THE BREACH, TERMINATION OR VALIDITY THEREOF, THE RELATIONSHIPS WHICH RESULT FROM THIS AGREEMENT, YOUR USE AND ACCESS OF THIS RESOURCE OR ANY MATERIALS, INFORMATION AND/OR SERVICES FROM, THROUGH OR AS A RESULT THEREOF, ANY ADVERTISING OR ANY OTHER COMMUNICATION, AND/OR ANY RELATED PURCHASE, SERVICE, OR OTHER ACTIVITY INVOLVING YOU AND THE FIRM SHALL BE LIMITED TO THE AMOUNT OF FEES THAT YOU PAID TO THE FIRM OR ITS MEMBERS FOR SUCH MATTER, AND (2) BOTH PARTIES AGREE IN THE EVENT THAT ANY DISPUTE ARISES BETWEEN YOU AND THE FIRM OR ITS MEMBERS DIRECTLY AND/OR INDIRECTLY FROM, IN CONNECTION WITH OR RELATING TO THIS AGREEMENT, ITS INTERPRETATION, OR THE BREACH, TERMINATION OR VALIDITY THEREOF, THE RELATIONSHIPS WHICH RESULT FROM THIS AGREEMENT, YOUR USE AND ACCESS OF THIS RESOURCE OR ANY MATERIALS, INFORMATION AND/OR SERVICES FROM, THROUGH OR AS A RESULT THEREOF, ANY ADVERTISING OR ANY OTHER COMMUNICATION, AND/OR ANY RELATED PURCHASE, SERVICE, OR OTHER ACTIVITY, THEY SHALL EXERT ALL REASONABLE EFFORTS TO RESOLVE AND SETTLE THE DISPUTE. THE PARTIES FURTHER AGREE THAT IF THE PARTIES CANNOT REACH A MUTUALLY ACCEPTABLE SETTLEMENT THROUGH CONCILIATION, ANY SUCH CONTROVERSY OR CLAIM SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION IN ACCORDANCE WITH THE THEN-EXISTING COMMERCIAL, ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) RELATING TO COMMERCIAL DISPUTES, AND JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF OR HAVING JURISDICTION OVER ONE OR MORE OF THE PARTIES OR THEIR ASSETS. THE ARBITRAL TRIBUNAL SHALL BE COMPOSED OF ONE (1) ARBITRATOR. THE PARTIES WILL ATTEMPT TO AGREE UPON THE APPOINTMENT OF THE ARBITRATOR. IF THE PARTIES FAIL TO AGREE UPON THE APPOINTMENT OF THE ARBITRATOR WITHIN SIXTY (60) DAYS AFTER THE DATE THE CLAIMANT’S DEMAND FOR ARBITRATION IS COMMUNICATED TO THE OTHER PARTY, THE AAA WILL MAKE THE APPOINTMENT. THE PLACE OF ARBITRATION WILL BE FRISCO, TEXAS (OR, IF DIFFERENT, IN THE OFFICES OF THE AAA NEAREST TO THE FIRM THEN PRINCIPAL LOCATION). THE ARBITRATOR SHALL NOT HAVE ANY AUTHORITY TO AWARD PUNITIVE DAMAGES, ANY AMOUNTS FOR ALLEGED PAIN AND SUFFERING, OR ANY AMOUNT TO YOU IN EXCESS OF THE TOTAL FEES THAT YOU HAVE PAID TO Atticus Mediation Group, LLC IN CONNECTION WITH SUCH MATTER. THE ARBITRATION PROVISION DOES NOT PREVENT A PARTY FROM APPLYING TO A COURT OF COMPETENT JURISDICTION FOR INJUNCTIVE AND OTHER FORMS OF INTERIM OR EQUITABLE RELIEF. THE PARTIES AGREE THAT THE ARBITRATION AWARD WILL NOT BE APPEALED. THE PARTIES AGREE THAT THE ARBITRATOR SHALL DECIDE WHICH PARTY OR PARTIES SHALL PAY FOR THE COSTS AND EXPENSES OF ALL ARBITRATION PROCEEDINGS. YOU UNDERSTAND THAT IN THE ABSENCE OF THIS PROVISION, YOU WOULD HAVE HAD A RIGHT TO LITIGATE DISPUTES THROUGH A COURT, INCLUDING THE RIGHT TO LITIGATE CLAIMS ON A CLASS-WIDE OR CLASS-ACTION BASIS, AND THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THOSE RIGHTS AND AGREED TO RESOLVE ANY DISPUTES THROUGH BINDING ARBITRATION IN ACCORDANCE WITH THIS SECTION.
Choice of Law & Venue. This Agreement and any transactions, actions, disputes or disagreements arising directly or indirectly hereunder or out of transactions or actions directly or indirectly arising from or as a result thereof shall be governed by the laws of the State of Texas, without regard to conflict of laws principles with jurisdiction over any disputes to lie exclusively in Collin County, Texas.
Access & Consent to Communications. By accessing or using this resource and/or any of its features, you consent and agree that Atticus Mediation Group and its member may communicate with you through e-mail, notices posted on the Atticus Mediation Group any communications to you via the carrier service with which you have a mobile communications subscription or otherwise have access, you understand that you will pay any service fees associated with any such access (including text messaging charges for messages to your mobile device). Atticus Mediation Group and any member may send you promotional information unless and except as otherwise required by law where you have opted out of receiving such information. You can change your e-mail and contact preferences at any time by editing your User login or e mail notification choices. If you wish, you can also request to opt-out of receiving promotional e mails by sending a request with the word “remove” or “unsubscribe” in the subject to firstname.lastname@example.org or write to us at Atticus Mediation Group, Hall Park, Suite 105, 2801 Network Blvd., Frisco, Texas 75034. Attention: Timothy B. Soefje. Telephone: (469) 626-5180, email: email@example.com. We will honor such requests as required by law.
Access of Resource. We automatically receive from your internet use such information as your IP address, the URLs of sites from which you arrive or leave from our resource, your type of browser and your ISP when you access our resource.
Registration. In order to become a User, you must first create a logon account on our resource. To create an account you are required to provide the following contact information, which you recognize and expressly acknowledge is personal information allowing others, including Atticus Mediation Group and any member to identify you: your name, e-mail address, country, zip/postal code, password chosen by you, and certain other information as we shall require from time to time. If you elect to purchase a product or register for a program, or engage in any other activity for which a charge applies, you also may be required to provide payment information required to complete that transaction via the resource in accordance with the instructions provided therein to the online account or other applicable payment vehicle. If you do not wish to provide the information pursuant to the resource, it may be possible to make alternative non-resource based arrangements to order the resource or register directly by contacting Atticus Mediation Group by telephone or mail. If you opt-out you may be denied the opportunity to access or participate in such activities.
Profile Information. Once you become a User, you may provide additional information for purposes of registering for information, reflecting your preferences, registering to participate in certain activities, purchasing certain products or for other purposes. Providing additional information beyond what is required at registration to become a User is entirely optional, but enables you to better identify yourself and to access new opportunities in the Atticus Mediation Group system. If you opt-out, you may lose the potential benefit of being a User, including receiving information more targeted to your interests.
Customer Service. Atticus Mediation Group may collect information through the Atticus Mediation Group resource or through the Customer Service resource in order to, among other things, accurately categorize and respond to a customer’s inquiry and deliver appropriate service levels.
Web Beacons. From time to time, we may allow other companies, called ad networks, to serve advertisements to Users. Ad networks include third party ad servers, ad agencies, ad technology vendors and research firms. Atticus Mediation Group may “target” some ads to Users that fit a certain general profile – for example, “product managers in Texas.” Atticus Mediation Group does NOT use personally identifiable information to target ads. To deliver these ads properly, Atticus Mediation Group may include a file, called a web beacon, from these ad networks within pages served by Atticus Mediation Group so the networks may provide anonymized, aggregated auditing, research and reporting for advertisers as well as to target ads to you while you visit other resources. Because your web browser must request these advertisements and web beacons from the ad network’s servers, these companies can view, edit or set their own cookies, just as if you had requested a web page from their site. These general targets may also be used by ad networks to display targeted ads on other resources as a substitute for random, irrelevant ads. Atticus Mediation Group does not provide personally identifiable information to any advertiser or any other third party. You may opt-out of use of web beacons in Atticus Mediation Group pages that you view and of placement of a cookie by ad networks in your browser. To opt-out, click here and go to the “Advertising” section at the bottom and change the setting there to “No.” If you opt-out, you may lose the potential benefit of receiving ads that are more targeted to your interests which, in turn, may limit your ability to fully realize the benefits of the Atticus Mediation Group.