Terms of Service
Last updated: Jul 30, 2024
These Terms of Use ("Terms") govern your use of the website at https://www.shariffinjurylawyers.com (the "Site"), operated by The Shariff Law Firm, PLLC ("the Firm," "we," "us," "our"). By using the Site or enrolling in our text-messaging service, you agree to these Terms.
1. Attorney Advertising — No Attorney-Client Relationship
Texas requires us to tell you that this website is a form of attorney advertising under the Texas Disciplinary Rules of Professional Conduct ("TDRPC"), Rules 7.01-7.05.
Responsible attorney: M. Obaid Shariff.
Principal office: 2500 West Loop South, Suite 300, Houston,
TX 77027.
The information on this Site is for general informational
purposes only. It is not legal advice and does not create an attorney-client
relationship between you and the Firm. Prior results do not guarantee a similar
outcome.
You become our client only after we complete a conflict
check, you and the Firm sign a written retainer agreement, and the Firm
confirms representation to you in writing. Until then, anything you share with
the Firm may not be privileged or confidential, and the Firm has no obligation
to act on your behalf. Please reach out anyway — that's how we get started.
If you later retain the Firm, communications about the same
matter exchanged before the retainer may become subject to attorney-client
privilege under applicable law, but the Firm makes no guarantee that
pre-retainer communications will be treated as privileged.
The Firm practices only in the State of Texas and does not
solicit clients in any other jurisdiction.
2. Text Messaging Service
The Firm operates an SMS / text-messaging program (the "Shariff Law Firm Client Communications" program, also referred to as the "SMS Program") used for case-related communications with clients, including intake, document collection, status updates, signature requests, appointment reminders, limited re-engagement reminders, and occasional firm-update messages to existing clients.
How You Sign Up for Texts
You will receive text messages from the Firm only after you sign a written retainer agreement (wet signature or electronic signature) that includes an SMS-consent clause. By signing, you give express written consent to receive text messages from the Firm at the phone number you provided, including messages sent or assisted by artificial intelligence ("AI") as described below. Message frequency varies based on case activity. Expect multiple messages per day during active intake (typically the first one to seven days after retainer signing) and occasional messages thereafter.
If the client is a minor (under age 18 in Texas), SMS
consent must come from a parent or legal guardian, and text messages are sent
only to the parent or guardian.
The SMS Program begins only after the formal client engagement begins. The Firm does not text non-clients for marketing or lead solicitation.
Cost
Standard message and data rates may apply. The Firm does not
bill a separate per-message charge.
Opt-Out
You may stop the SMS Program at any time by replying any
reasonable indication that you want to stop, including but not limited to STOP,
STOPALL, END, CANCEL, UNSUBSCRIBE, QUIT, CEASE, OPT OUT, NO MORE, or REMOVE.
After we receive your opt-out, we will send one prompt confirmation message and
no further texts. Opting out of texts does not affect your representation; we
will continue to communicate by email, phone, or in person as appropriate.
Help and Human Handoff
Reply HELP at any time to receive the program name, the
Firm's contact phone (832-600-0000), and opt-out instructions. Reply HUMAN or
AGENT at any time to be transferred to a live Firm staff member.
AI-Assisted Communications
Some of our text messages are sent or assisted by an
artificial intelligence ("AI") assistant. A real person from the Firm is always one reply away — just
text HUMAN or AGENT. Every important decision about your case is made by your
attorney, not by software.
The Firm uses AI for SMS in accordance with applicable
Federal Communications Commission guidance on artificial intelligence under the
Telephone Consumer Protection Act (including the FCC's February 8, 2024
Declaratory Ruling) and applicable Texas law.
Texts exchanged before a signed retainer may not be
privileged or confidential. Once a signed retainer is in place, texts are part
of your case file. SMS conversations may be reviewed by Firm staff for quality
and case-file completeness.
Supported Carriers
The SMS Program supports most major United States wireless
carriers and many mobile virtual network operators; coverage may vary on
resellers. T-Mobile, AT&T, Verizon, and other carriers are not liable for
delayed or undelivered messages.
Privacy and Data Handling
No mobile information, including phone numbers and SMS
opt-in data, will be shared with third parties or affiliates for marketing or
promotional purposes.
SMS data is handled in accordance with our Privacy Policy at
https://www.shariffinjurylawyers.com/privacy-policy/, incorporated by
reference. The Firm shares SMS data with its SMS infrastructure provider solely to deliver messages.
Health Information
Texts with the Firm may include health-related information.
We handle that information in accordance with applicable law and share it only
with people directly involved in your representation. SMS is not an encrypted
channel — do not text health information you wish to keep absolutely
confidential; alternative secure channels are available on request.
Material Changes to the SMS Program
If the Firm increases the message frequency tier disclosed
at opt-in, or shares SMS content with a new category of recipient, the Firm
will obtain renewed opt-in consent before that change takes effect for existing
subscribers.
3. Privacy
Your privacy is governed by the Firm's Privacy Policy at
https://www.shariffinjurylawyers.com/privacy-policy/, incorporated by
reference.
4. Acceptable Use
Don't use the Site or SMS Program for anything unlawful, to
impersonate anyone, to attempt unauthorized access, to submit false
information, or to access the Site by automated means without the Firm's
written permission.
5. Intellectual Property and DMCA
All Site content is owned by or licensed to The Shariff Law
Firm, PLLC and protected by intellectual property laws. You may not copy,
reproduce, modify, or distribute Site content without the Firm's prior written
consent, except for personal, non-commercial use.
To submit a DMCA notice under 17 U.S.C. § 512(c), write to:
DMCA Agent, The Shariff Law Firm, PLLC, 2500 West Loop South, Suite 300,
Houston, TX 77027, contact@sharifflawfirm.com. Your notice must include the
items required by 17 U.S.C. § 512(c)(3).
6. Third-Party Links
The Site may link to third-party sites. The Firm does not
control or assume responsibility for them.
7. Accessibility
The Firm strives to make the Site accessible in accordance
with the Americans with Disabilities Act and WCAG 2.1 Level AA. Report
accessibility issues to contact@sharifflawfirm.com.
8. Disclaimer of Warranties
The Site and SMS Program are provided "AS IS" and
"AS AVAILABLE" without warranties of any kind.
9. Limitation of Liability
Nothing in this Section limits the Firm's responsibility to
you as your lawyers. If we represent you, our duties to you are governed by
your engagement letter, the TDRPC, and Texas law. The limits below apply only
to your use of this website and SMS — not to our work on your case — and do NOT
apply to claims for professional malpractice, gross negligence, intentional
misconduct, or any liability that cannot be limited under Texas law (including
the Texas Deceptive Trade Practices Act and the Texas Medical Records Privacy
Act, Texas Health and Safety Code Chapter 181).
Subject to those carve-outs, the Firm will not be liable for
any indirect, incidental, consequential, special, or punitive damages arising
from your use of the Site or SMS Program, and the Firm's total liability for
any claim related to such use will not exceed one hundred dollars ($100.00).
10. Indemnification
If you misuse the Site or SMS Program and that causes the
Firm to be sued, you agree to cover the resulting costs. This applies only to
your willful misconduct or gross negligence and does not extend to claims
caused by the Firm's own conduct.
11. Governing Law and Disputes
These Terms are governed by Texas law. Disputes arising from
the Site or SMS Program will be brought exclusively in the state or federal
courts in Harris County, Texas. Disputes about legal representation — including
malpractice or fee disputes — are governed by the engagement letter, the TDRPC,
and Texas law, not these Terms.
12. Electronic Communications and E-SIGN
You consent to receive electronic communications from the
Firm and agree that electronic communications satisfy any legal requirement for
writing, in accordance with the E-SIGN Act (15 U.S.C. § 7001).
13. SMS Data Retention
SMS content, opt-in, and opt-out records are retained as
required by the TDRPC and Texas State Bar guidance (five years after
representation ends is a customary minimum). The Firm may de-identify and
aggregate SMS data for internal quality and training.
14. Force Majeure
The Firm is not liable for delays or failures caused by
events outside its reasonable control, including telecommunications failures,
third-party service-provider failures, and government
action.
15. Severability, No Waiver, Entire Agreement
If any provision is held invalid, it will be modified to the
minimum extent necessary or severed. Failure to enforce any provision is not a
waiver. These Terms, together with the Privacy Policy and any engagement
letter, are the entire agreement regarding your use of the Site and SMS
Program.
16. Changes to These Terms
We may update these Terms from time to time. For non-SMS
changes, continued use after the revision date means you accept the updated
Terms. For material changes to the SMS Program — a change that increases the
frequency tier disclosed at opt-in, or shares SMS content with a new category
of recipient — we will obtain renewed opt-in consent before that change takes
effect for existing subscribers.
17. Contact
The Shariff Law Firm, PLLC
2500 West Loop South, Suite 300
Houston, TX 77027
832-600-0000
contact@sharifflawfirm.com
