Terms of Use & SMS Terms

KIMBROUGH LEGAL, PLLC

Website Terms of Use, Disclaimers, and SMS Terms of Service

 

Important Notices

This website does not create, and is not intended to create, an attorney-client relationship between you and Kimbrough Legal, PLLC or any of its attorneys.

This website is attorney advertising. Past case results are not a promise or prediction of similar results in any future matter.

The information on this website is general in nature, is provided for informational purposes only, and is not legal advice. You should not act or refrain from acting based on anything you read here without first consulting a licensed Texas attorney about your specific situation.

Content on this website does not necessarily represent the views of Kimbrough Legal, PLLC, its attorneys, its staff, or its clients, and is not warranted to be accurate, complete, or current.

Communications transmitted over the internet or through web forms are not secure. By submitting information to us through this website or by email, you acknowledge that the transmission is not confidential and does not create an attorney-client relationship.

1. Agreement to These Terms

Welcome. The website you are visiting (the “Site”) is published and maintained by Kimbrough Legal, PLLC (“Kimbrough Legal,” the “Firm,” “we,” “us,” or “our”), a Texas professional limited liability company with attorneys licensed to practice law in the State of Texas.

These Terms of Use (“Terms”) govern your access to and use of the Site, our blog content, our web forms, our SMS/text-messaging services, and any other digital properties we operate (collectively, the “Services”). By accessing or using the Services, you agree to be bound by these Terms and by any policy referenced or incorporated here, including our Privacy Policy. If you do not agree to these Terms, you must stop using the Services immediately.

 

2. Informational Use Only; Not Legal Advice

The Site contains general information about Texas family law, our Firm, and the legal services we provide. None of the information on the Site is, or should be interpreted as, legal advice, tax advice, or any other professional advice for your particular situation. Family law issues are highly fact-dependent, and outcomes turn on the specific facts, jurisdiction, and timing of each matter.

Before you act on anything you read on the Site, you should consult directly with a licensed attorney who can evaluate your circumstances. Reading our Site, downloading our materials, watching our videos, or following us on social media is not a substitute for individualized legal counsel.

 

3. No Attorney-Client Relationship; Conflict Checks Required

Your use of the Site does not create an attorney-client relationship with Kimbrough Legal or with any of its attorneys. An attorney-client relationship with the Firm is formed only when (a) the Firm has completed its conflict-of-interest review, (b) the Firm has agreed in writing to represent you, and (c) you and the Firm have signed a written engagement letter or retainer agreement.

Because the Firm must run a conflict check before accepting any matter, please do not send us confidential or matter-specific information through the Site, through web forms, by email, by SMS, or by voicemail until we have confirmed in writing that we are able to represent you. Any information you send before that point will not be treated as confidential or privileged, and will not impose on the Firm any duty of confidentiality, loyalty, or representation.

 

4. Permitted Use of the Site

You may use the Site for lawful, personal, non-commercial purposes only. When using the Site, you agree that you will not submit, post, or transmit any content that:

  • is false, misleading, deceptive, or fraudulent;
  • harasses, threatens, stalks, defames, or invades the privacy of any person;
  • is obscene, profane, indecent, or harmful to minors;
  • promotes bigotry, hatred, discrimination, or violence against any group or individual;
  • infringes any patent, trademark, copyright, trade secret, publicity, privacy, or other proprietary right;
  • contains advertising, solicitations, chain letters, pyramid schemes, surveys, contests, or unsolicited bulk communications; or
  • violates any applicable federal, state, or local law, rule, or regulation.

 

5. Prohibited Conduct

You agree that you will not, and will not assist or permit any third party to:

  • reverse engineer, decompile, disassemble, copy, scrape, mirror, or otherwise attempt to derive the source code, structure, or organization of the Site or any part of it;
  • upload, transmit, or distribute any virus, worm, ransomware, time bomb, Trojan horse, malicious code, or any other software designed to interfere with the operation of the Site or any computer system or network;
  • use any automated means—including bots, spiders, crawlers, or harvesters—to access, collect, or scrape information from the Site or about its visitors;
  • collect or store personal information about other users of the Site;
  • falsify your identity, impersonate any person, or misrepresent your affiliation with any person or entity;
  • interfere with or disrupt the Site, its servers, or any networks connected to the Site;
  • circumvent or attempt to circumvent any security feature, access control, or rate limit applied to the Site;
  • upload or transmit any material protected by intellectual-property law, publicity rights, or privacy rights without authorization from the rights holder;
  • use the Site to advertise, offer, sell, or buy goods or services;
  • remove, obscure, or alter any author attribution, legal notice, watermark, or proprietary designation; or
  • restrict or inhibit any other person from using the Site, or otherwise violate any policy, guideline, or code of conduct applicable to the Site.

 

6. Intellectual Property

The Site and all of its content including text, graphics, photographs, illustrations, audio, video, logos, the “Kimbrough Legal” name, our trade dress, slogans, blog posts, articles, press releases, attorney biographies, case studies, downloadable materials, page layouts, and the selection, coordination, and arrangement of the foregoing are owned by Kimbrough Legal or its licensors and are protected by United States copyright, trademark, and other intellectual-property laws.

You may view and print Site content for your personal, non-commercial reference. Any other use including copying, republication, modification, public display, distribution, framing, or incorporation into another website, application, or work requires the prior written permission of Kimbrough Legal. All rights not expressly granted in these Terms are reserved.

 

7. Third-Party Websites and Resources

The Site may link to or reference third-party websites, services, articles, or resources, including those of our clients, vendors, professional associations, courts, and other law firms. We provide those links only as a convenience. We do not control, monitor, or endorse any third-party content, and we are not responsible for the accuracy, legality, or any other aspect of any third-party website. You access third-party websites at your own risk, and you should review their privacy policies and terms of use independently.

 

8. Disclaimer of Warranties

The Site and its content are provided “as is” and “as available,” without warranty of any kind, whether express, implied, or statutory.

To the fullest extent permitted by law, Kimbrough Legal disclaims all warranties, including without limitation any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, completeness, and uninterrupted or error-free operation. We do not warrant that the Site will be secure, that it will be free of viruses or other harmful components, or that any defects will be corrected.

No advice or information obtained from the Site or from any communication with the Firm prior to a signed engagement creates any warranty not expressly stated in these Terms.

 

9. Limitation of Liability

To the fullest extent permitted by applicable law, Kimbrough Legal, PLLC, its attorneys, employees, agents, and contractors will not be liable to you or to any third party for any indirect, incidental, special, consequential, exemplary, or punitive damages including damages for lost profits, lost data, lost goodwill, business interruption, or any other intangible loss arising out of or relating to your use of, or inability to use, the Site, even if Kimbrough Legal has been advised of the possibility of such damages.

In no event will the aggregate liability of Kimbrough Legal arising out of or relating to the Site or these Terms exceed $1 U.S. dollar ($1.00). Some jurisdictions do not allow the exclusion or limitation of certain damages, so the limitations above may not apply to you in their entirety.

 

10. Texas Attorney Advertising Disclosures

The Site, including biographical information about our attorneys, descriptions of our practice areas, client testimonials (if any), and case results, may be considered advertising under the Texas Disciplinary Rules of Professional Conduct.

Hiring an attorney is an important decision that should not be based solely on advertising. Before retaining any lawyer, you are encouraged to consider qualifications, experience, communication style, fee structure, and references.

Kimbrough Legal’s attorneys are licensed to practice law in the State of Texas. Nothing on the Site is intended to constitute the solicitation of legal business in any jurisdiction in which a Firm attorney is not licensed.

Unless specifically noted next to an attorney’s name on the Site, no attorney at Kimbrough Legal is certified by the Texas Board of Legal Specialization. Where a Firm attorney is board-certified, the area of certification will be stated.

For purposes of Texas Disciplinary Rule of Professional Conduct 7.04 and any related rule that requires designation of a principal office responsible for this advertising, Kimbrough Legal, PLLC designates its principal office as: 1515 S. Capital of Texas Highway, Suite 203, Austin, Texas 78746.

 

11. Privacy

Our Privacy Policy explains what information we collect through the Site (including through web forms, intake forms, scheduling tools, analytics tools, and SMS opt-ins), how we use that information, and the choices you have. By using the Site or our SMS services, you agree to the practices described in our Privacy Policy, which is incorporated into these Terms by reference.

Mobile phone numbers and related SMS opt-in data are collected only for the messaging programs you affirmatively join and are not sold, rented, or shared with third parties for their own marketing purposes.

 

12. SMS Terms of Service

The following terms govern Kimbrough Legal’s SMS/text-messaging programs and supplement the rest of these Terms. By providing your mobile number and opting in, you agree to these SMS Terms and confirm that you have read our Privacy Policy.

 

12.1 Program Description

Kimbrough Legal operates two types of SMS communications:

  • Transactional / informational messages  appointment confirmations, scheduling and reminder messages, conflict-check status, intake follow-ups, document and case updates, and similar service-related communications for prospective and current clients.
  • Marketing / promotional messages Firm news, educational content, event invitations, webinars, and other Firm-related announcements.

You may opt in to one or both categories. Where marketing messages are involved, your prior express written consent is obtained at the point of opt-in in accordance with the federal Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, FCC implementing regulations, and applicable provisions of Texas Business & Commerce Code Chapter 305.

 

12.2 Eligibility

Our SMS programs are intended for individuals who are at least eighteen (18) years of age and who are the authorized account holder of the mobile number provided, or who have the account holder’s express permission to enroll that number.

 

12.3 Consent Is Not a Condition of Services

Your consent to receive marketing SMS messages from Kimbrough Legal is not a condition of becoming or remaining a client of the Firm, purchasing any service, or receiving any consultation. You can decline marketing SMS messages and still communicate with the Firm by phone, email, the client portal, mail, or in person.

 

12.4 Message Frequency

Message frequency varies based on your interactions with the Firm and the messaging program(s) you join. Frequency may be higher during active matters or during scheduled outreach campaigns and lower at other times.

 

12.5 Quiet Hours

Consistent with TCPA guidance and CTIA messaging best practices, the Firm aims to send non-emergency marketing messages only between the hours of 8:00 a.m. and 9:00 p.m. local time of the recipient. Transactional messages directly related to an active matter (for example, an urgent court-related update) may be sent outside those hours when reasonably necessary.

 

12.6 Opt-In

You may opt in to our SMS programs by submitting your mobile number through a Site form, by texting an enrollment keyword to our designated number, by checking an opt-in box during intake or scheduling, or by another method we offer. Each opt-in is recorded with a date, time stamp, and a description of the program(s) joined.

 

12.7 Opt-Out (STOP)

You may cancel SMS messages at any time by replying STOP, END, QUIT, UNSUBSCRIBE, and/or CANCEL to any message we send you. After you send a stop command, we will send a single confirmation message acknowledging that you have been unsubscribed, after which you will not receive further marketing SMS messages from that program. You may rejoin a program at any time by opting in again using the methods described above.

 

12.8 Help (HELP)

Reply HELP to any message you receive from us to get assistance. You may also contact us directly at:

Kimbrough Legal, PLLC

Email: info@kimbroughlegal.com

Phone: (833) 553-4251

 

12.9 Message and Data Rates

Message and data rates may apply for any messages we send to you and any messages you send to us. If you are unsure of the rates that apply to your account, contact your wireless carrier. Kimbrough Legal is not responsible for charges imposed by your carrier.

 

12.10 Carrier Liability Disclaimer

Carriers are not liable for delayed or undelivered messages. Delivery is subject to your device’s effective transmission and your carrier’s network and service capabilities.

 

12.11 Privacy and Use of Mobile Data

Mobile information collected as part of our SMS programs including your phone number, opt-in record, and any messages you exchange with us—is used to operate the messaging program, to confirm your consent, and to provide the services you requested. We do not sell, rent, or share mobile opt-in data, message content, or phone numbers with third parties for those third parties’ own marketing purposes. Vendors that help us deliver SMS messages (for example, our messaging platform provider) act on our behalf under contractual confidentiality and data-use restrictions.

 

12.12 SMS and the Attorney-Client Relationship

SMS messages are not a secure channel and should not be used to transmit confidential information, sensitive personal data, or matter-specific details about your case before you have signed an engagement letter with the Firm. Sending us an SMS does not create an attorney-client relationship. Once representation has been established, please follow the secure communication channels identified in your engagement letter for confidential communications.

 

12.13 Changes to the SMS Programs

We may modify, suspend, or discontinue any SMS program at any time, with or without notice, except as required by law. If we make material changes that affect your rights, we will give reasonable notice through the Site or by SMS where appropriate.

 

13. Changes to These Terms

We may update these Terms from time to time to reflect changes in our services, in applicable law, or in our business practices. The “Effective Date” at the top of this document indicates when the current version took effect. Your continued use of the Site after updated Terms are posted constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Site.

 

14. Governing Law and Venue

These Terms, and any dispute arising out of or relating to these Terms or your use of the Site, are governed by the laws of the State of Texas, without regard to its conflict-of-laws principles. Any action or proceeding arising out of or relating to these Terms or the Site shall be brought exclusively in the state or federal courts located in Travis County, Texas, and you consent to the personal jurisdiction and venue of those courts.

 

15. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.

 

16. Entire Agreement

These Terms, together with our Privacy Policy and any other policy referenced in these Terms, constitute the entire agreement between you and Kimbrough Legal regarding your use of the Site and supersede any prior agreements or understandings on that subject. These Terms do not modify or supersede any written engagement letter, retainer agreement, or other written agreement between you and the Firm regarding the provision of legal services.

 

17. Contact Information

Questions about these Terms, our Site, or our SMS programs should be directed to:

Kimbrough Legal, PLLC

1515 S. Capital of Texas Highway, Suite 203

Austin, Texas 78746

Phone: (833) 553-4251

Email: info@kimbroughlegal.com