The materials on this site are provided for informational purposes only and do not constitute legal advice. They are not guaranteed to be correct, complete or up-to-date, and you should not rely on them without seeking the advice of an attorney. The information on this site is not intended to create, and your use of this site does not constitute, an attorney-client relationship between you and The Scearce Law Firm, P.C (the “Firm”).
This site, or any portion of this site, may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose that is not expressly permitted by the Firm. Any other use of the content on this site is strictly prohibited.
If you communicate with us, please note that we would not allow you to discuss any details with us about a matter in which we do not already represent you until we had confirmed that we did not have any existing or prospective conflict of interest and had professional interest in the matter. If you contact us through this site or otherwise in connection with a matter for which we do not already represent you, we ask that you provide only generalized, non-private information and that you keep in mind that your communication may not be treated by us as privileged or confidential.
If you are a client communicating with us about a matter in which we already represent you, obviously we will keep the communication confidential, but remember that e-mail may not be secure unless adequately encrypted. There is a risk that your communication may be intercepted illegally. There may also be a risk of waiver of attorney-client privilege and/or work product privileges that may attach to your communication.
For purposes of applicable state bar rules, we designate our office in Chattanooga, Tennessee, as our principal office and C. Ballard Scearce Jr. as the attorney responsible for this site. We make no representation that materials found at this site are appropriate or available for use in other locations. If you access this site from other locations, you are responsible for compliance with local laws.
This site may be considered an advertisement in some states. We may provide links to other sites that are for informational purposes only. Links to other Internet resources do not state or imply that the Firm sponsors, is affiliated with or legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol contained in the links. The links on this site do not constitute an endorsement, recommendation or sponsorship of any information, products, or services found therein.
Certifications of Specialization are available to Tennessee lawyers in all areas of practice relating to or included in the areas of Civil Trial, Criminal Trial, Business Bankruptcy, Consumer Bankruptcy, Creditor Rights, Medical Malpractice, Legal Malpractice, Accounting Malpractice, Elder Law, Estate Planning, and Family Law. Listing of related or included practice areas herein by individual attorneys or by Firm does not constitute or imply a representation of Certification of Specialization.
Additional information about the representative matters listed on the site may be obtained upon request of the attorney listed on the page where the representative matter appears. The representative matters described on the site are illustrative of some of the types of matters handled by the Firm. Not all matters handled by the Firm are listed on the site as representative matters. Each matter is different. The outcome of any particular matter depends upon a variety of factors unique to that matter. The listing of a representative matter does not guarantee a similar outcome in any other matter.
Website Terms & Conditions of Access & Use Agreement
This Agreement is between you and the Firm. Use of this Internet Website (hereinafter referred to as the “Website”) signifies your agreement to the terms and conditions of access and use set forth herein (hereinafter referred to as the “Agreement”). YOU AGREE TO READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE WEBSITE.
1. You acknowledge that you have read this Agreement and that you accept the terms thereof. If you do not agree to all of the terms and conditions of this Agreement, you may not access or otherwise use the Website.
2. The Firm reserves the right, at its sole discretion, to change, modify, add, or remove any portion of this Agreement, in whole or in part, at any time. Notification of changes in the Agreement will be posted on the Website.
3. Firm may monitor your use of the Website and may freely use and disclose any information and materials received from you or collected through your use of the Website for any lawful reason or purpose.
4. The Website is protected by copyright pursuant to U.S. copyright laws, international conventions and treaties and other copyright laws. The Firm may place certain materials on the Website relating to the Firm and its business and/or relating to the Website (hereinafter referred to as the “Materials”). All Materials contained on the Website are protected by copyright laws and international conventions and treaties, and are owned or controlled by the Firm or by the party credited as the owner or provider thereof. You agree to honor any and all copyright notices and any other restrictions contained in the Materials. You may download and make one copy of the Materials on the Website for personal, noncommercial use only, provided that you maintain all copyright and other notices and restrictions contained therein. Copying, storing or using any of the Materials for any purpose other than personal, noncommercial use is expressly prohibited without the prior written consent of the Firm or any other person or entity that is identified as the owner or copyright holder of the Materials.
5. The Firm may change, suspend or discontinue any aspect, feature or database of the Website at any time, without prior notice. The Firm may also impose limits on certain services or features or restrict your access to any of the Materials without providing prior notice or incurring any liability.
6. You represent, warrant and covenant that: (a) you shall not upload, post, transmit to, distribute or otherwise publish through the Website any communication or any part thereof which: (i) restricts or inhibits any other user from using and enjoying the Website; (ii) is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (iii) constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law; (iv) violates, plagiarizes or infringes the rights of Firm or any third party including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (v) contains a virus or other harmful component; or (vi) constitutes or contains false or misleading statements of fact or indications of origin; and (b) you are at least eighteen years of age and are legally competent to enter into this Agreement.
7. The Website may contain links to other World Wide Web Internet sites. Links to and from the Website and any other site do not constitute an endorsement by Firm of such site, or of its owner or provider, or of any products or services offered for sale thereby or information contained thereon.
8. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE FIRM DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY EXCHANGE OR TRANSACTION OFFERED OR MADE THROUGH THE WEBSITE AND WILL NOT BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY OTHER PERSON.
9. You agree to indemnify, defend and hold the Firm, and all its officers, directors, owners, agents, employees and affiliates (hereinafter referred to collectively as the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the Agreement or any of the foregoing representations, warranties and covenants, or in connection with any claim arising out of any transaction offered or made via the Website, including, without limitation, attorneys fees and costs. Furthermore, you release the Indemnified Parties from any claims, demands and/or damages, actual or consequential, of every kind and nature, known or unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way related to any transaction instituted or made via the Website. You shall cooperate as fully as reasonably required in the defense of any claim. The Firm reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.
10. THE WEBSITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE THEREON OR ACCESSIBLE THERETHROUGH, IS PROVIDED “AS IS”. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE FIRM MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR OR RELATING TO ANY OF THE MATERIALS, OR RELATING TO ANY LINKS TO OTHER SITES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION TO OR THROUGH THE WEBSITE OR ANY LINKED SITE. FURTHERMORE, THE FIRM DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FIRM DOES NOT WARRANT THAT THE WEBSITE OR THE OPERATION THEREOF WILL BE UNINTERRUPTED, OR THAT THE MATERIALS WILL BE ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
11. YOU AGREE THAT NEITHER THE FIRM NOR ANY OF ITS EMPLOYEES, AGENTS OR REPRESENTATIVES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, RESULTING FROM THE USE OR THE INABILITY TO USE THE WEBSITE (WHETHER OR NOT ANY SUCH INABILITY TO USE THE WEBSITE ARISES FROM ANY ACTION OR NEGLIGENCE OF FIRM), OR FROM ANY ERRORS CONTAINED IN THE MATERIALS EXCHANGED OR OTHERWISE TRANSFERRED ON OR THROUGH THE WEBSITE, OR FOR ANY TRANSACTION MADE ON THE WEBSITE, OR ARISING FROM ANY OTHER MATTER RELATING TO THE WEBSITE.
16. YOU AGREE THAT THE FIRM SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY STATEMENTS OR CONDUCT OF ANY OTHER USER OF THE WEBSITE.
17. You acknowledge that communications to and from the Website are not confidential, and you acknowledge that such communications may be accessed, read or intercepted by others. You furthermore acknowledge that by submitting a communication to the Website, no confidential, fiduciary, contractually implied or other relationship is created between you and the Firm, other than as set forth in this Agreement.
18. This Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee, without regard to conflicts of laws provisions. The sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement shall be an appropriate state or federal court located in Hamilton County in the State of Tennessee.
19. This Agreement constitutes the entire agreement between you and Firm with respect to your access and use of the Website. Any cause of action you may have with respect to your access and use of the Website must be commenced within one year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of the Agreement shall continue in full force and effect.