Terms of Use

1. INTRODUCTION AND ACCEPTANCE OF TERMS

These Terms of Service (“Terms”) govern your access to and use of the website getflexner.com (“Website”) operated by Flexner Houser Injury Law (“Firm,” “we,” “us,” or “our”), a law firm licensed to practice in the State of North Carolina. By accessing or using the Website, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Website.

We reserve the right to modify these Terms at any time. Your continued use of the Website following any changes constitutes your acceptance of the modified Terms.

2. DEFINITIONS

“Content” means any information, data, text, software, images, or other materials displayed on or available through the Website.

“Services” means the legal services offered by the Firm as described on the Website.

“User” or “you” means any individual or entity accessing or using the Website.

3. SCOPE OF SERVICES

3.1 The Firm offers legal services in the following practice areas:

a) Litigation: Covering civil litigation, alternative dispute resolution, and appellate practice related to auto or trucking accidents, wrongful death, nursing home negligence, or medical malpractice.
b) Worker’s compensation

3.2 The Website provides information about our Services. However, the Content on this Website is for informational purposes only and does not constitute legal advice. No attorney-client relationship is created by your use of the Website or by your communication with the Firm through the Website.

3.3 The Firm does not provide legal services through the Website. Any legal services require a separate, written engagement agreement between you and the Firm.

3.4 Online Communication: While we offer contact forms and may provide chat features on our Website, please be aware that these are not secure means of communication. Do not send confidential or sensitive information through these channels. A formal attorney-client relationship must be established before we can ensure the confidentiality of your communications.

4. CLIENT INTAKE PROCEDURES

4.1 Initial Contact: Potential clients may contact the Firm through the Website’s contact form, by email, or by phone. Please provide a brief description of your legal matter and your contact information.

4.2 Conflict Check: Upon receiving your inquiry, we will conduct a conflict of interest check to ensure we can represent you without any ethical conflicts.

4.3 Initial Consultation: If no conflicts exist, we will schedule an initial consultation, which may be conducted in person, by phone, or via video conference, depending on your preference and location.

4.4 Engagement Agreement: If both parties agree to proceed after the initial consultation, we will provide you with a written engagement agreement outlining the scope of services, fee structure, and other terms of representation.

4.5 Onboarding: Upon signing the engagement agreement, we will collect necessary documentation and information to begin working on your legal matter.

5. USER RESPONSIBILITIES AND ACCEPTABLE USE

5.1 You agree to use the Website only for lawful purposes and in accordance with these Terms.

5.2 Prohibited activities include, but are not limited to:
(a) Using the Website in any way that violates applicable laws or regulations;
(b) Attempting to interfere with the proper functioning of the Website;
(c) Impersonating the Firm or any other person or entity;
(d) Using the Website to transmit any viruses, malware, or other harmful computer code;
(e) Attempting to gain unauthorized access to any portion of the Website or any systems or networks connected to the Website;
(f) Using the Website to send unsolicited commercial communications;
(g) Scraping, data mining, or otherwise collecting information from the Website without our express written consent.

5.3 You are solely responsible for the accuracy and completeness of any information you submit through the Website.

6. DISCLAIMERS AND LIMITATIONS OF LIABILITY

6.1 NO ATTORNEY-CLIENT RELATIONSHIP: Your use of the Website does not create an attorney-client relationship between you and the Firm. An attorney-client relationship can only be established through a mutual agreement in writing between you and the Firm. Unless and until you enter into a written engagement agreement with the Firm, we have not agreed to represent you and have no duty to act on your behalf.

6.2 NO LEGAL ADVICE: The Content on the Website is for general informational purposes only and does not constitute legal advice. The Content may not reflect the most current legal developments and may not be applicable to your specific situation. You should not act or refrain from acting based on any information on the Website without seeking appropriate legal counsel.

NOTICE: The information provided on this Website is not legal advice, and no attorney-client relationship is formed through your use of this Website. Legal advice cannot be provided without full consideration of all relevant information relating to your individual situation.

6.3 DISCLAIMER OF WARRANTIES: THE WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

6.4 LIMITATION OF LIABILITY: TO THE FULLEST EXTENT PERMITTED BY LAW, THE FIRM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE OR ITS CONTENT, EVEN IF THE FIRM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. This limitation of liability applies to the maximum extent permitted by applicable law in your jurisdiction.

6.5 The Firm does not endorse or assume responsibility for any third-party websites linked to or from the Website.

7. INTELLECTUAL PROPERTY RIGHTS

7.1 The Website and its Content are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any Content without the prior written consent of the Firm.

7.2 You may use the Website and view its Content for your personal, non-commercial use only, provided you maintain all copyright and other proprietary notices.

7.3 Any unauthorized use of the Firm’s intellectual property may result in legal action, including but not limited to claims for copyright infringement, trademark infringement, and unfair competition.

7.4 The Firm’s name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Firm or its affiliates. You may not use these marks without the prior written permission of the Firm.

7.5 Any feedback, comments, or suggestions you may provide regarding the Website are entirely voluntary, and the Firm shall be free to use such feedback, comments, or suggestions without any obligation to you.

You must not:

* Republish material from our website without prior written consent.
* Sell or rent material from our website.
* Reproduce, duplicate, create derivative, copy or otherwise exploit material on our website for any purpose.
* Redistribute any content from our website, including onto another website.

8. PRIVACY AND DATA PROTECTION

8.1 Our collection and use of your personal information through the Website is governed by our Privacy Policy, which is incorporated by reference into these Terms. Please review our Privacy Policy at getflexner.com/privacypolicy/ for information on how we collect, use, and protect your personal information.

8.2 The Firm complies with applicable data protection laws as applicable to our operations and your jurisdiction.

8.3 We implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk, including:
(a) Encryption of personal data in transit and at rest;
(b) Regular testing and evaluation of the effectiveness of security measures;
(c) Access controls and authentication procedures for our systems and databases;
(d) Regular staff training on data protection and information security;
(e) Incident response and data breach notification procedures.

8.4 We do not sell, rent, or share your personal information with third parties for their marketing purposes without your explicit consent.

9. DISPUTE RESOLUTION AND GOVERNING LAW

9.1 Any dispute arising out of or relating to these Terms or your use of the Website shall be resolved through good faith negotiations between you and the Firm.

9.2 If the dispute cannot be resolved through negotiation, both parties agree to attempt to resolve the dispute through mediation before resorting to arbitration or litigation. The mediation shall be conducted by a mutually agreed-upon mediator in New Hanover County, North Carolina.

9.3 These Terms shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of law provisions.

9.4 Any legal action or proceeding arising out of or relating to these Terms or your use of the Website shall be brought exclusively in the state or federal courts located in North Carolina, and you consent to the personal jurisdiction of such courts.

10. FEE STRUCTURES

10.1 The Firm offers various fee arrangements depending on the nature of the legal services required. These may include:
(a) Hourly rates
(b) Flat fees for specific services
(c) Contingency fees (where permitted by law)
(d) Retainer agreements

10.2 Detailed information about our fee structures is available upon request and will be clearly outlined in any engagement agreement.

10.3 Payment terms, billing procedures, and any applicable retainer requirements will be discussed during the initial consultation and specified in the engagement agreement.

11. ACCESSIBILITY

11.1 The Firm is committed to making its services accessible to all individuals, including those with disabilities. We strive to ensure that our Website complies with the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards.

11.2 If you require any accommodations or assistance in accessing our services, please contact us at info@flexnerhouser.com/910-794-3221. We will work with you to provide reasonable accommodations to ensure equal access to our services.

12. SOCIAL MEDIA POLICY

12.1 The Firm maintains a presence on various social media platforms to share general information about legal topics and firm news. Our social media accounts are not monitored for client communications, and you should not use social media to contact us about legal matters.

12.2 Any information shared on our social media platforms is for informational purposes only and does not constitute legal advice.

12.3 By interacting with our social media accounts, you agree not to post any confidential information or specific details about your legal matters. The Firm reserves the right to remove any inappropriate or potentially confidential content from its social media pages.

12.4 The Firm’s social media accounts are not a substitute for direct communication with your attorney. All substantive communications regarding your legal matters should be conducted through approved channels as specified in your engagement agreement.

13. MISCELLANEOUS PROVISIONS

13.1 Severability: If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced to the fullest extent possible under law.

13.2 Force Majeure: Neither party shall be liable for any failure or delay in performance due to circumstances 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, or shortages of transportation facilities, fuel, energy, labor, or materials.

13.3 Assignment: You may not assign or transfer any rights or obligations under these Terms without the prior written consent of the Firm. The Firm may assign its rights and obligations under these Terms without restriction.

13.4 Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Firm regarding your use of the Website and supersede all prior agreements and understandings, whether written or oral.

13.5 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.

13.6 Right to Refuse Service: The Firm reserves the right to refuse service or terminate access to the Website at its sole discretion, with or without cause.

14. CONTACT INFORMATION

For questions regarding these Terms or our Services, please contact us at:

Flexner Houser Injury Law
3805 Oleander Drive
Wilmington, NC 28403
910-794-3221
info@flexnerhouser.com

By using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

Last updated: March 1, 2025