Terms of service.

TERMS AND CONDITIONS FOR SMS MESSAGING POLICY


LQ Lazanas & Quesenberry, PLLC


  1. INTRODUCTION AND PURPOSE

    1. 1.1 These Terms and Conditions ("Terms") govern the use of Short Message Service ("SMS") messaging services provided by LQ Lazanas & Quesenberry, PLLC ("the Firm," "we," "our," or "us"). By opting in to receive SMS messages from the Firm, you acknowledge that you have read, understood, and agree to be bound by these Terms.

    2. 1.2 The purpose of these Terms is to establish clear guidelines for the use of SMS messaging between the Firm and its clients, prospective clients, and other individuals who have consented to receive SMS communications from the Firm.

    3. 1.3 These Terms are intended to protect both the Firm and the recipients of SMS messages by ensuring compliance with applicable laws and regulations, maintaining appropriate confidentiality, and establishing clear expectations regarding the nature and frequency of communications.

  2. DEFINITIONS

    1. 2.1 "SMS" means Short Message Service, a text messaging service component of most telephone, internet, and mobile device systems.

    2. 2.2 "Recipient" means any individual who has provided consent to receive SMS messages from the Firm.

    3. 2.3 "Opt-in" means the affirmative action taken by a Recipient to consent to receive SMS messages from the Firm.

    4. 2.4 "Opt-out" means the action taken by a Recipient to withdraw consent to receive SMS messages from the Firm.

    5. 2.5 "TCPA" means the Telephone Consumer Protection Act, 47 U.S.C. § 227, and its implementing regulations.

  3. OPT-IN AND CONSENT

    1. 3.1 Voluntary Opt-in. Recipients must voluntarily opt in to receive SMS messages from the Firm. Opt-in may be obtained through one or more of the following methods:

      1. Texting a designated keyword to the Firm's designated phone number;

      2. Completing and submitting a written or electronic opt-in form;

      3. Verbally consenting during a conversation with a Firm representative, which will be documented in the Recipient's file; or

      4. Providing consent through the Firm's website or client portal.

    2. 3.2 Confirmation of Opt-in. Upon receiving a Recipient's opt-in, the Firm will send a confirmation message that includes:

      1. The Firm's identity;

      2. A description of the types of messages the Recipient will receive;

      3. The approximate frequency of messages;

      4. A statement that message and data rates may apply;

      5. Instructions for opting out; and

      6. A link to these Terms.

    3. 3.3 Authority to Opt-in. By opting in to receive SMS messages from the Firm, the Recipient represents and warrants that:

      1. The Recipient is the owner or authorized user of the mobile device and phone number provided;

      2. The Recipient has the legal capacity to enter into these Terms;

      3. The Recipient is authorized to receive SMS messages at the phone number provided; and

      4. The Recipient has read and understood these Terms.

    4. 3.4 Revocation of Consent. Recipients may revoke their consent to receive SMS messages at any time by following the opt-out procedures described in Section 4.

  4. OPT-OUT PROCEDURE

    1. 4.1 Methods of Opting Out. Recipients may opt out of receiving SMS messages from the Firm at any time by:

      1. Replying "STOP," "END," "CANCEL," "UNSUBSCRIBE," or "QUIT" to any SMS message received from the Firm;

      2. Contacting the Firm directly by phone, email, or in person to request removal from the SMS messaging service; or

      3. Using any other opt-out mechanism that may be provided by the Firm.

    2. 4.2 Confirmation of Opt-out. Upon receiving a Recipient's opt-out request, the Firm will:

      1. Send a confirmation message acknowledging the opt-out request;

      2. Cease sending SMS messages to the Recipient immediately; and

      3. Maintain a record of the opt-out request in accordance with applicable laws and regulations.

    3. 4.3 Effect of Opt-out. After a Recipient opts out, the Firm will not send any further SMS messages to the Recipient unless the Recipient subsequently opts in again through one of the methods described in Section 3.1.

    4. 4.4 Selective Opt-out. Where technologically feasible, the Firm may offer Recipients the option to opt out of specific types of SMS messages while continuing to receive others. The availability of selective opt-out options will be communicated to Recipients when applicable.

  5. MESSAGE FREQUENCY AND CONTENT

    1. 5.1 Frequency of Messages. The frequency of SMS messages will vary based on:

      1. The Recipient's relationship with the Firm;

      2. The nature and status of any legal matters the Recipient has with the Firm;

      3. The Recipient's communication preferences; and

      4. The operational needs of the Firm.

    2. 5.2 Types of Content. SMS messages sent by the Firm may include, but are not limited to:

      1. Appointment reminders and scheduling information;

      2. Case updates and status notifications;

      3. Document requests and submission confirmations;

      4. Deadline reminders;

      5. Payment reminders and confirmations;

      6. General Firm announcements and information; and

      7. Responses to Recipient inquiries.

    3. 5.3 Limitations on Content. Due to the inherent limitations of SMS messaging, the Firm will not include the following in SMS messages:

      1. Detailed legal advice;

      2. Highly sensitive or confidential information;

      3. Privileged attorney-client communications that require secure transmission; or

      4. Complex legal documents or attachments.

    4. 5.4 Message and Data Rates. Standard message and data rates may apply to all SMS messages sent by the Firm and received by the Recipient. The Firm is not responsible for any fees charged by the Recipient's mobile carrier or service provider.

  6. HELP INSTRUCTIONS

    1. 6.1 Requesting Help. Recipients may request assistance with the SMS messaging service by:

      1. Replying "HELP" to any SMS message received from the Firm;

      2. Contacting the Firm directly by phone, email, or in person; or

      3. Visiting the Firm's website for more information.

    2. 6.2 Help Response. Upon receiving a "HELP" request, the Firm will respond with information that includes:

      1. The Firm's identity;

      2. Contact information for the Firm;

      3. A brief description of the SMS messaging service;

      4. Instructions for opting out; and

      5. A reminder that message and data rates may apply.

  7. PRIVACY AND CONFIDENTIALITY

    1. 7.1 Confidentiality of Communications. The Firm treats all client communications as confidential in accordance with:

      1. Attorney-client privilege;

      2. The Texas Disciplinary Rules of Professional Conduct;

      3. The Firm's Privacy Policy; and

      4. Applicable federal and state laws and regulations.

    2. 7.2 Security Limitations. Recipients acknowledge and understand that:

      1. SMS messages are not encrypted and may not be secure;

      2. Third parties, including mobile carriers, may be able to intercept or access SMS messages;

      3. SMS messages may be stored on servers owned and operated by mobile carriers or other third parties; and

      4. The Firm cannot guarantee the security or confidentiality of SMS messages.

    3. 7.3 Recommended Security Practices. To enhance the security of SMS communications, Recipients are advised to:

      1. Use a passcode or biometric authentication to secure their mobile device;

      2. Regularly update their mobile device's operating system and security features;

      3. Be cautious when using SMS messaging in public places; and

      4. Delete sensitive SMS messages after reading them.

    4. 7.4 Alternative Communication Methods. For sensitive or confidential information, the Firm recommends using more secure communication methods, such as:

      1. Encrypted email;

      2. The Firm's secure client portal;

      3. In-person meetings; or

      4. Telephone conversations.

    5. 7.5 Privacy Policy. The Firm's Privacy Policy, available on the Firm's website, governs the collection, use, and disclosure of personal information in connection with the SMS messaging service. By opting in to receive SMS messages, Recipients consent to the collection, use, and disclosure of their personal information as described in the Privacy Policy.

  8. LIMITATIONS AND DISCLAIMERS

    1. 8.1 Not for Emergency Communications. SMS messaging is not appropriate for emergency communications. For urgent matters requiring immediate attention, Recipients should call the Firm directly during business hours or use emergency services (911) as appropriate.

    2. 8.2 Delivery Limitations. The Firm is not liable for:

      1. Delayed, undelivered, or incomplete SMS messages;

      2. SMS messages sent to incorrect phone numbers due to Recipient error;

      3. Technical failures or malfunctions in the SMS messaging service;

      4. Any damages resulting from the Recipient's inability to receive SMS messages; or

      5. Any damages resulting from unauthorized access to SMS messages.

    3. 8.3 Service Availability. Receipt of SMS messages is dependent on:

      1. The Recipient's wireless carrier's coverage area;

      2. The Recipient's mobile device's capability to receive SMS messages;

      3. The Recipient's mobile service plan; and

      4. The availability and functionality of the SMS messaging service.

    4. 8.4 No Legal Advice. SMS messages sent by the Firm do not constitute legal advice and should not be relied upon as such. Recipients should consult with their attorney at the Firm for specific legal advice regarding their matters.

    5. 8.5 Limitation of Liability. To the maximum extent permitted by law, the Firm's liability for any damages arising from or related to the SMS messaging service shall not exceed the amount paid by the Recipient to the Firm for legal services during the six (6) months preceding the claim.

    6. 8.6 Indemnification. Recipients agree to indemnify, defend, and hold harmless the Firm and its partners, associates, employees, agents, and representatives from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or related to:

      1. The Recipient's violation of these Terms;

      2. The Recipient's use of the SMS messaging service;

      3. Any unauthorized use of the Recipient's mobile device or phone number; or

      4. Any information provided by the Recipient to the Firm.

  9. CHANGES TO TERMS AND CONDITIONS

    1. 9.1 Right to Modify. The Firm reserves the right to modify these Terms at any time. Any modifications will be effective immediately upon posting the updated Terms on the Firm's website or providing notice to Recipients through SMS or other appropriate channels.

    2. 9.2 Notice of Material Changes. The Firm will provide notice of material changes to these Terms through:

      1. SMS messages to Recipients;

      2. Email notifications to Recipients who have provided email addresses;

      3. Posting on the Firm's website; or

      4. Other appropriate communication channels.

    3. 9.3 Continued Use. A Recipient's continued use of the SMS messaging service after the effective date of any modifications to these Terms constitutes acceptance of the modified Terms.

    4. 9.4 Objection to Changes. If a Recipient objects to any modifications to these Terms, the Recipient's sole remedy is to opt out of the SMS messaging service using the procedures described in Section 4.

  10. GOVERNING LAW AND DISPUTE RESOLUTION

    1. 10.1 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.

    2. 10.2 Jurisdiction and Venue. Any dispute arising from or related to these Terms or the SMS messaging service shall be brought exclusively in the state or federal courts located in [County Name] County, Texas, and the parties consent to the personal jurisdiction and venue of these courts.

    3. 10.3 Alternative Dispute Resolution. Before filing any legal action arising from or related to these Terms or the SMS messaging service, the parties agree to attempt to resolve the dispute through:

      1. Good faith negotiation; and

      2. If negotiation is unsuccessful, mediation conducted by a mutually agreed-upon mediator.

    4. 10.4 Attorneys' Fees. In any legal action arising from or related to these Terms or the SMS messaging service, the prevailing party shall be entitled to recover its reasonable attorneys' fees, costs, and expenses.

  11. MISCELLANEOUS PROVISIONS

    1. 11.1 Entire Agreement. These Terms, together with the Firm's Privacy Policy and any applicable engagement letter or fee agreement, constitute the entire agreement between the Firm and the Recipient regarding the SMS messaging service.

    2. 11.2 Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

    3. 11.3 No Waiver. The Firm's failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

    4. 11.4 Assignment. Recipients may not assign or transfer their rights or obligations under these Terms without the Firm's prior written consent. The Firm may assign or transfer its rights and obligations under these Terms without the Recipients' consent.

    5. 11.5 Force Majeure. The Firm shall not be liable for any failure or delay in performing its obligations under these Terms due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, epidemics, pandemics, or shortages of transportation facilities, fuel, energy, labor, or materials.

    6. 11.6 Headings. The section headings in these Terms are for convenience only and have no legal or contractual effect.

    7. 11.7 Electronic Signatures. Electronic signatures, including those obtained through SMS messaging, shall be deemed to have the same legal effect as original signatures.

  12. CONTACT INFORMATION

    1. 12.1 Firm Contact Information. For questions or concerns regarding these Terms or the SMS messaging service, Recipients may contact the Firm at:

LQ Lazanas & Quesenberry, PLLC
[Street Address]
[City, TX Zip Code]
Phone: [Phone Number]
Email: [Email Address]
Website: [Website URL]

  1. 12.2 Hours of Operation. The Firm's regular business hours are [Day] through [Day], [Time] to [Time], excluding federal holidays. SMS messages received outside of business hours will be processed on the next business day.

  1. ACKNOWLEDGMENT

    1. 13.1 Acknowledgment of Terms. By opting in to receive SMS messages from the Firm, Recipients acknowledge that they have read, understood, and agree to be bound by these Terms.

    2. 13.2 Electronic Consent. Recipients consent to receiving these Terms and other communications from the Firm electronically and agree that such electronic communications satisfy any legal requirement that such communications be in writing.

Last Updated: [Current Date]