Last Revision: August 24, 2020

Welcome to the website for Oberheiden P.C. All rights are reserved. Permission is granted to view, store, print, reproduce and distribute any pages within this website provided that: (a) none of the pages are modified; (b) this page is included with any distribution; and (c) use of any information is for personal, non-commercial use. No information or content may be used by you in any litigation or arbitration.

Terms of Use

THIS TERMS AND CONDITIONS PAGE GOVERNS YOUR USE OF THIS WEBSITE.PLEASE READ THE FOLLOWING AGREEMENT AND INFORMATION CAREFULLY.

Oberheiden P.C. (the “Firm”) is based in Texas 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”).

As a user, you agree and are bound to the terms, conditions, policies and notices contained in this Terms page by accessing this Website in any way — including without limitation, by browsing or using any information found herein, or submitting information to the Firm. This includes, but is 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.

Oberheiden PC. May, at any time and for any reason, with or without notice, revise and update these Terms; any modification will become effective upon posting of an updated version of these Terms. The User must review these Terms on a regular basis to ensure you are familiar with its most recent version. If you continue using the Website after any modification, you have thereby signified your acceptance of the Terms as modified.

Firm Details

Oberheiden P.C. operates and publishes information on this Website. This Website and its domain name are owned by a third party which is not a law firm and does not practice law, but solely provides the domain of Website to Oberheiden P.C. The responsible attorney for this Website is P.C. Meyer.

Oberheidn P.C. is not considered a national firm (e.g., with national presence), but the Firm does service clients in numerous states, where appropriate, and subject to these Terms. Meeting locations listed on the Website are not owned by Firm and do not constitute offices.

Practice Jurisdiction

Oberheiden P.C. maintains offices only in Dallas, Texas and Houston, Texas and no informational description or city/state specific content is meant to suggest that Firm has an office in that location or intends to establish systematic and continuous presence in any jurisdiction. In some cases, the Firm may associate with other attorneys/firms/consultants for the Matter, including 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). With regard to Client’s payments to the Firm, Oberheiden P.C. will bill Client for the Local Counsel’s time at the attorney rate set out in Firm’s Agreement which includes a surcharge of approximately $300.00 per hour. Local Counsel are independent and not part of Firm, not members of Firm, not Of Counsel to Firm, and not employees of Firm. If Firm mentions, for example, a local counsel in Portland, Oregon, then this mentioning refers to the location of that local counsel and it does NOT mean that Firm itself has an office or physical presence or systematic and continuous contacts in that location.

Content on this Website referring to “Firm’s experience,” “our team,” or similar terms including, but not limited to, the number of trials handled, years spent at the Justice Department, location and presence, licensures, previous positions held by lawyers etc. may include the aggregate and combined experience, expertise, and knowledge of Firm and affiliated local counsel. The biography of each local counsel will disclose the name of the local counsel’s own and independent law firm.

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.

Communication between you and Oberheiden P.C. via this Website or its Live Chat should NOT be interpreted as establishing an attorney-client relationship. Do not send Oberheiden P.C. any privileged or confidential information unless Oberheiden PC has accepted you as a client. Oberheiden P.C. may not maintain the confidentiality of information received outside a formally established attorney-client relationship.

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.

Becoming Our Client

Oberheiden P.C. does not represent you until an agreement has been reached between you and Firm to handle a particular matter.

You may become a client of the Firm only if you sign an engagement agreement between yourself and the Firm. The purpose of such engagement agreement is to disclose the scope of Firm’s services, Firm’s fee arrangement and other important terms. Nonetheless, the Firm has a strict conflicts’ policy. Prior to accepting a new client, the Firm carefully evaluates whether the acceptance of a new client may present a conflict to existing or past representations of other clients.

No Guarantee of Results

Any case results noted on this Website do not guarantee or predict a similar result in any future case. You must not assume that a similar outcome and case result can be obtained in your case. Every case presents a different set of circumstances and facts and the outcome of any matter depends on many factors.

The case summaries, reports of past cases (and their outcomes) and the description of experience and past legal services in an attorney’s profile on this Website detail past cases handled by the Firm’s attorneys. This information is not intended to serve as a guarantee that the same or similar result can be achieved in every matter or in your case. 

Specialty Licensing Status

The attorneys listed on this Website are not certified as specialists or experts by any professional or governmental agency or authority unless otherwise expressly specified. Our attorneys’ practice jurisdictions are 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.

FTC Disclaimer—Medicare Lawyer

Consumers and potential clients should not hire an attorney without informed consent. This Website uses various tools and advertisement techniques designed to promote the Firm and its lawyers. All of these promotions are intended to be truthful, not misleading, fair, and evidence-based.

At the end of the day, you, the visitor, are the judge. You make the decision after you had an opportunity to convince yourself that the law firm you are considering is the right fit for you—not because our Firm’s advertisement or self-descriptions so suggest.

We recommend to not hire any lawyer or law firm simply because of the Firm’s advertisement, search engine promotions, recommendations, suggestions, endorsements or rankings. Prominent and effective advertisement is not necessarily indicative of the quality of services a lawyer is able to provide. We encourage all individuals and companies interested in and considering of hiring our Firm to interview and test other law firms to compare different lawyers and their abilities to help you.

There are many excellent law firms out there. You, the judge, are encouraged to compare and select the firm that you believe serves your interests in the most effective way.

If you see any content or information on this Website that you believe is not true, unfair to other lawyers or law firms, misleading to consumers, or that you think cannot be substantiated, please contact us immediately. We take your concerns seriously, will review your allegations, and, if necessary and appropriate, take remedial actions.

Authorized Practice of Law

While Oberheiden P.C. maintains a network of attorneys throughout the United States, the Firm’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 Firm’s lawyer is not admitted is temporary in nature and Client will be informed about the boundaries of lawyer’s license.

Attorney Advertising

The information contained in this Webstie 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). Oberheiden P.C. does not seek to represent any client solely based on an individual or entity’s visit to the 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 websites and applications 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.

The Website periodically will post blogs and other Website content specifically provided for general educational and informational purposes only. None of the 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.

No Representations

Oberheiden, P.C. offers this Website on an “as is” basis. Regarding the Wesbite and the information contained herein, 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 that your use is at your own risk and that under no circumstance shall the Firm by liable for damages of any kind. Oberheiden P.C. strives to reasonably ensure that all material on this Website is correct. However, the Firm cannot guarantee that all such information is accurate and, as such, the Firm makes not warranties or representations as to its accuracy.

Oberheiden P.C. and its Website shall not be liable for interruptions of any kind in Internet service or site functionality and makes no warranty that the Website or services will uninterrupted, error-free, timely or secure, or that the Website will meet your requirements or expectations. 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.

Copyright

Oberheiden, P.C. reserves all rights. 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. Any other distribution, usage, reproduction, or transmission of the contents and information on this Website without prior approval of Firm is prohibited.

IRS Circular 230 Notice

Pursuant to Internal Revenue Service requirements, Oberheiden P.C. informs 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

Links from this Website may lead to other websites. By accessing this Website, you agree that the Firm has not reviewed all the sites liked to the Website and is not responsible for the content of any off-site websites or any other website linked to this Website. If you link to any other third party websites, you do so at your own risk.

Oberheiden P.C. assumes no liability or responsibility for any content accessible via links from this Website. Third party content reflects the opinion of the third party and does not reflect our beliefs, nor does the Firm endorse such content.

Indemnification

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

The owner of this Website, Oberheiden, P.C. or its partners or affiliates or contributors to this Website in no event shall 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. The user hereby waives any and all such claims against the owner of this Website, Oberheiden, P.C. or its partners or affiliates or contributors to this Website. User also agrees that the restrictions set forth above are material elements of this agreement, and that the site and its information would not be provided in the absence of such limitations.

Non-Waiver

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.

Governing Law

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.

Entire Agreement

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.