We Value Every Client

We're dedicated to resolving your unique situation with compassion and diligence.

  • Kevin O'Hanlon
  • Leslie McCollom
  • Justin Demerath
  • Scott McDonald

Terms of Use

TERMS OF USE Effective as of June 30, 2012

Welcome to www.808west.com, the website and online presence (the "Site") of O'Hanlon, McCollom &Demerath ("O'Hanlon, McCollom &Demerath", "we", or "us") a Professional Corporation, whose principal office is located in Austin, Texas.

THE TERMS OF USE SET FORTH BELOW (THE "TERMS") GOVERN THE USE OF THE SITE VIA THE INTERNET, THE WORLD WIDE WEB, MOBILE NETWORKS, OR ANY OTHER COMMUNICATION METHODS NOW KNOWN OR IN THE FUTURE DEVELOPED. IN CONSIDERATION FOR ACCESS TO AND/OR USE OF THE SITE, YOU ("YOU", "YOUR", "USER", OR, COLLECTIVELY, "USERS") AGREE TO READ THE TERMS CAREFULLY BEFORE ACCESSING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS, AND YOU AGREE TO BE BOUND BY THE TERMS. THE TERMS ARE A LEGAL CONTRACT BETWEEN YOU, AND O'HANLON, MCCOLLOM &DEMERATH AND GOVERN YOUR ACCESS TO AND/OR USE OF THE SITE. IF YOU DO NOT AGREE WITH ANY OF THE TERMS, CLOSE THE SITE DOWN IMMEDIATELY AND DO NOT ACCESS OR OTHERWISE USE www.808west.com OR ANY INFORMATION CONTAINED ON THE SITE.

Definitions.

1."Affiliate" means any business entity with which O'Hanlon, McCollom &Demerath has a business or contractual relationship, including, but not limited to, agents, partners, associates, and parent or subsidiary entities.

2."Content" means any intellectual property, data, or communications transmitted by O'Hanlon, McCollom &Demerath, Users, or Third Parties via the O'Hanlon, McCollom &Demerath platform (the "Platform") including, but not limited to, articles, audio, blog postings, comments, documents, editorial content, featured site profiles, files, images, listings, logos, messages, music, photos, postings, questions and answers, ratings, recommendations, reviews, sounds, site profiles, tags, text, trademarks, or videos.

3."O'Hanlon, McCollom &Demerath Content" means content generated and published by O'Hanlon, McCollom &Demerath.

4."O'Hanlon, McCollom &Demerath Technology" means the past, present and future intellectual property comprising the Platform, including, but not limited to, all software, code processes, algorithms, user interfaces, know-how, techniques, organization, designs, text, images, photographs, illustrations, audio or video material, artwork, graphic material, podcasts, advertising copy, databases, proprietary information, all copyrightable or otherwise legally protectable elements of the Platform and all other tangible or intangible materials related to, displayed, performed, or distributed on the Platform and the Platform itself, including, but not limited to, the selection, sequence, "look and feel", and arrangement of items on the Platform, and all O'Hanlon, McCollom &Demerath Marks, domain names, patents, and other intellectual property.

5."Third Party Content" means Content that is made available on the Site by parties other than O'Hanlon, McCollom &Demerath.

6."Transmit" means uploading, submitting, posting, distributing, downloading, disseminating, receiving, or otherwise making available Content.

Minors.

Www.808west.com is not targeted towards, nor is it intended for use by anyone under the age of 18. By using the Www.808west.com Web Site, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not use, access or submit information to the Www.808west.com Site. We reserve the right to terminate your access in the event that Www.808west.com becomes aware you are under 18.

For Personal Use Only.

Content on this Site is available only for the personal non-commercial use of Users and all other use is prohibited, unless otherwise stipulated in a separate agreement between You and O'Hanlon, McCollom &Demerath. You are not authorized to take any of the following actions or encourage others to take the following actions: 1) use the Site to increase traffic to Your website for commercial reasons, such as advertising or sales;2) take any action that imposes an unreasonable or disproportionately large load on the Site's infrastructure;3) "scrape" the Site, or use any bot, spider, scraper, data miner, or automated agent to access and/or or use the Site or gain access to and/or use any Content on the Site;4) take Content from the Site and reformat and display said Content, or mirror and/or frame any pages of the Site on any other website;or 5) attempt to decipher, decompile, disassemble, or reverse engineer any O'Hanlon, McCollom &Demerath Technology.

You acknowledge that if You violate this provision of the Terms, in addition to all other remedies available to O'Hanlon, McCollom &Demerath, we will be entitled to liquidated damages in the amount of $50,000. You agree and acknowledge that these liquidated damages are a fair and accurate estimate of O'Hanlon, McCollom &Demerath's actual damages resulting from a breach of this provision and shall not be construed as penalty or punitive damages against you.

Privacy.

O'Hanlon, McCollom &Demerath respects Your privacy and is committed to protecting the personally-identifiable information we collect from all Users as You access and/or use the Site via the internet, the world wide web, mobile networks, or any other communication methods now known or in the future developed. Your use of the Site is governed by the Site's Privacy Policy, and is hereby incorporated into the Terms of Use by reference. Please read this notice carefully for information related to O'Hanlon, McCollom &Demerath's collection, use, and disclosure of Your personal information.

Your Use of Our Services.

You agree that by voluntarily providing us with Your personal information, You are entering into a business relationship with O'Hanlon, McCollom &Demerath, requesting that O'Hanlon, McCollom &Demerath distribute your information to its Affiliates, and You expressly consent and request to be contacted by O'Hanlon, McCollom &Demerath, its employees, representatives, agents, Affiliates, and third party contracted vendors with promotions and offers, even if the entered telephone number is currently on a federal, state, or wireless Do Not Call lists. By submitting Your personal information, You expressly consent to be contacted by O'Hanlon, McCollom &Demerath and/or our Affiliates. You expressly understand that these contacts, telephone calls, emails, letters, and faxes are being made pursuant to Your request for such communications.

YOU UNDERSTAND THAT CONTENT ON THE SITE IS FOR ADVERTISING PURPOSES ONLY. NO CONTENT ON THE SITE SHOULD BE CONSTRUED AS MEDICAL OR LEGAL ADVICE.

You understand that O'Hanlon, McCollom &Demerath is not a lawyer-referral service. Certain states may consider this an attorney advertisement. Personal injury legal information presented at this site should not be construed to be legal advice, nor is providing information into the site the formation of an attorney-client relationship. Information provided by You on this website is only Your request to have a law firm contact You about Your potential case. Any results set forth herein are based upon the facts of that particular case and do not represent a promise or guarantee.

By voluntarily providing us information via the online form You agree that You understand that the information that You voluntarily provide us will be reviewed by more than one attorney and/or law firm, and that you may be contacted by more than one attorney and/or law firm. You agree that the information that You receive in response is for general information purposes only and that You will not be charged for this response. You further agree that You understand that the law for each state may vary, and accordingly, You will not rely upon this information as legal advice. Since this matter may require advice regarding Your home state, You agree that local counsel may be contacted for referral of this matter, and the O'Hanlon, McCollom &Demerath bears no responsibility for retaining local counsel or otherwise as a result of Your submission of Your contact information to O'Hanlon, McCollom &Demerath.

You further agree that You are solely responsible for investigating any attorney or law firm who contacts You and that: (a) neither O'Hanlon, McCollom &Demerath, nor its Affiliates may be held responsible for any claims You may have resulting from the services or information you may receive;and (b) O'Hanlon, McCollom &Demerath makes no representations or warranties regarding the licensing, bonding or qualifications of any person who may contact You based upon the submission of Your information to O'Hanlon, McCollom &Demerath.

Change of Terms Of Use:

O'Hanlon, McCollom &Demerath Content.

Unless otherwise noted, all Content on the Site is O'Hanlon, McCollom &Demerath Content and is owned, controlled, or licensed by O'Hanlon, McCollom &Demerath and is protected by copyright, trademarks, service marks, and/or other intellectual property rights. You hereby agree that you shall acquire no rights in O'Hanlon, McCollom &Demerath Content or in O'Hanlon, McCollom &Demerath Technology unless otherwise noted in writing by O'Hanlon, McCollom &Demerath. You are not authorized by O'Hanlon, McCollom &Demerath to copy, reproduce, frame, republish, download, upload, post, transmit, distribute, hyperlink, or exploit O'Hanlon, McCollom &Demerath Content for commercial use in any way without the prior written consent of O'Hanlon, McCollom &Demerath.

License to Access And/Or Use.

O'Hanlon, McCollom &Demerath grants You a limited, personal, non-exclusive, non-transferable, freely revocable license to access and/or use O'Hanlon, McCollom &Demerath Content and O'Hanlon, McCollom &Demerath Technology that is on the Site for the purpose of learning/informing yourself about O'Hanlon, McCollom &Demerath's services. You hereby acknowledge and agree that with exception to this limited license You have no right to modify, edit, copy, reproduce, create derivative works, or reverse engineer, alter, enhance, or in any way exploit any of the O'Hanlon, McCollom &Demerath Content or O'Hanlon, McCollom &Demerath Technology in any manner unless otherwise noted in writing by O'Hanlon, McCollom &Demerath. This limited license terminates automatically, without notice to You, if You breach any of the Terms.

Reservation of Rights.

O'Hanlon, McCollom &Demerath reserves all rights not expressly granted in the Terms unless otherwise noted in writing by O'Hanlon, McCollom &Demerath.

Prevention of Unauthorized Use.

O'Hanlon, McCollom &Demerath reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Site and O'Hanlon, McCollom &Demerath Technology, including, but not limited to, technological barriers, IP mapping, and directly contacting Your Internet Service Provider (ISP) regarding such unauthorized use.

Links to Other Websites or Services.

The Site may include links or references to other websites or services ("Linked Sites"). Linked Sites are provided for Your convenience and information only. O'Hanlon, McCollom &Demerath does not control the availability and content of any Linked Sites. Access and/or use of any Linked Sites, including the information, materials, products, and services on or available through Linked Sites, is solely at Your own risk. Any concerns regarding Linked Sites, or any information, resources, or services therein, should be directed to the operator of the particular Linked Site.

Changes to the Site.

O'Hanlon, McCollom &Demerath may choose to discontinue or change any Content, service, function, or feature at any time with or without notice to You.

General Disclaimers.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, O'HANLON, MCCOLLOM &DEMERATH, OUR SUPPLIERS, LICENSORS, AND AFFILIATES, DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK. THE SITE AND ALL CONTENT THEREON IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.

O'HANLON, MCCOLLOM &DEMERATH, OUR SUPPLIERS, LICENSORS, AND AFFILIATES DO NOT WARRANT THAT THE DATA, CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE SITE OR ANY LINKED SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

O'HANLON, MCCOLLOM &DEMERATH, OUR SUPPLIERS, LICENSORS, AND AFFILIATES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR ANY LINKED SITES IN TERMS OF USE OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

NEITHER O'HANLON, MCCOLLOM &DEMERATH, NOR THE SITE, IS AFFILIATED WITH, SPONSORED, ENDORSED, OR APPROVED BY THE MANUFACTURERS OF ANY OF THE PRODUCTS MENTIONED ON THE SITE.

Limitation of Liability and Damages.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL O'HANLON, MCCOLLOM &DEMERATH, OUR AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE CONTENT ON THE SITE OR ANY LINKED SITES, OR ANY OTHER INTERACTIONS WITH O'HANLON, MCCOLLOM &DEMERATH, EVEN IF O'HANLON, MCCOLLOM &DEMERATH OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IS SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THE TERMS OF USE APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.

USERS WHO ARE TEXAS RESIDENTS AGREE TO WAIVE TEXAS CIVIL CODE SECTION 1542, WHICH SAYS: " A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

Indemnification.

You agree to indemnify, defend, and hold O'Hanlon, McCollom &Demerath LLC, its Affiliates, contractors, employees, agents, third-party partners, licensors, or suppliers harmless from any liability, loss, claim, and expense, including reasonable attorney's fees, related to Your violation or alleged violation of the Terms or access and/or use of the Site.

Waiver.

The failure of O'Hanlon, McCollom &Demerath to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. Any waiver of any provision of the Terms will be deemed effective only if in writing and signed by a duly authorized agent of O'Hanlon, McCollom &Demerath.

Governing Law.

The Terms of Use will 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.

Jurisdiction.

You agree that any action at law or in equity arising out of or relating to the Terms Of Use or O'Hanlon, McCollom &Demerath will be filed only in the state or federal courts in and for Travis County, Texas and You hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action and expressly submit to extraterritorial service of process.

Attorneys Fees.

The prevailing party shall be entitled to reasonable attorney fees, costs, and expenses if any litigation is necessary to enforce these Terms of Use.

International Use.

O'Hanlon, McCollom &Demerath makes no representation that Content on the Site is appropriate or available for use in locations outside the United States. You do so on Your own initiative and You are responsible for compliance with local laws if You choose to access and/or use the Site from a location outside the U.S.

Severability.

If any provision of the Terms is determined to be unlawful, void, or for any reason unenforceable, then that such provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

Assignment.

Your rights and licenses under the Terms may not be transferred or assigned by You, but may be assigned by O'Hanlon, McCollom &Demerath without restriction. Any assignment attempted to be made in violation of the Terms shall be void.

Headings.

The heading references herein are for convenience purposes only and will not be deemed to limit or affect any of the provisions hereof, nor do they constitute a part of the Terms.

Relationship.

The Terms create no agency, partnership, joint venture, or employee-employer relationship between You and O'Hanlon, McCollom &Demerath, unless expressly noted otherwise in writing by O'Hanlon, McCollom &Demerath.

Entire Agreement.

The Terms are the entire agreement between You and O'Hanlon, McCollom &Demerath relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to the Terms made by O'Hanlon, McCollom &Demerath as set forth in Section 6 of the Terms.

Contact Information.

Any comments, complaints, or requests for further information can be directed to: O'Hanlon, McCollom &Demerath 808 West Avenue, Austin, Texas 78701.

Meet Our Lawyers

partner
Kevin O'Hanlon
Partner
partner
Justin Demerath
Partner
Benjamin Castillo
Associate
Nick Maddox
Associate

Estamos aquí para ayudarle

En O'Hanlon, McCollom y Demerath, no nomas nos limitamos a hablar en español con nuestros clients, también tomamos el paso extra para entender las necesidades especiales de nuestros clientes que hablan español. Entendemos que el sistema legal puede ser dificil y inquietante cuando el Inglés es su segundo idioma. Es por eso que estamos aquí para ayudarle con el proceso. Por favor, no dude en ponerse en contacto directamente con nosotros con sus preguntas. Juntos podemos resolver los problemas que enfrenta.

Location

808 West Ave

Austin, Texas 78701