Privacy Policy

Introduction

1. By using and/or visiting mattlottlaw.com, or any Content, Websites or Information uploaded/controlled by Lott Law, PLLC (the “Practice”) including but not limited to submitting, accessing and/or viewing any and all content available through and/or at the site located atcom and any of our subdomains thereof, and any mobile applications, RSS feeds, syndicated feeds, curated content, digital and print collections, audio recordings, blogs, vlogs, podcasts, social media accounts including those hosted on third party platforms and/or resources owned, controlled or created by or for our Practice or its designees, you signify your agreement to (1) these terms and conditions (the “Terms of Use”) and (2) the terms and conditions of third party sites/hosts/subprocessors used by our Practice (collectively, your “Agreement”). If you (the “User”) do not agree to any of these terms, the Practice privacy notice, or the Community Guidelines, please do not use the Content to share, read, recommend, or comment on content hosted by or for our Practice.
2. Our Terms of Use and Privacy Policy explains what information we collect, how we use it and who we share it with; your use of our Practice is governed by that site’s Terms and Policy. We do not sell the data that you post on, submit to or share on the Website to third parties; we do not include or accept paid advertisements from third parties that include tracking elements or that collect data on or from our Content users.
3. We strive to make our Practice’s Terms of Use and Privacy Policy readable. We have tried to provide explanations for the more unusual legal terms. If you have terminology questions not covered here, Law.com’s glossary may help, though we cannot vouch for the accuracy of outside sources, including those referenced in the ToS.

General Principles

The ToS constitute the entire agreement between you and our Practice, and govern your use of the Practice on the web, via any domain name, or via an app. It takes the place of all prior agreements between you and our Practice.

These Terms of Service control the relationship between you — an individual accessing our Information and Website — and Practice, and all disputes arising out of or related to it, shall be governed by the laws of the United States and specifically the [Mississippi], without regard to its conflict of law provisions.

You and the Practice agree to submit to the personal and exclusive jurisdiction of the courts located within the Mississippi, and to waive any objection to the laying of venue there.

Our Practice’s failure to enforce any part of the ToS will not waive the our Practice’s ability to enforce it, and any waiver with regard to a specific instance shall not constitute a waiver of any other breaches of the ToS, even with regard to the same user.

If any provision of the ToS is found by a court of competent jurisdiction to be invalid, you agree that the court should give effect to the party’s intentions as reflected in the provision, and that the other provisions of the ToS remain in full force and effect.

You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Content or the ToS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

B. You agree to the Terms of Use

1. By accessing our Websites and/or Information, or emailing any address hosted by any domain we own and/or control (“Content”) you affirm, confirm and state that you comply with and assent to the ToS, which incorporates the Practice Privacy Policy.
2. We may update the ToS as necessary. Although we may attempt to notify site users when major changes are made to these Terms of Use, you should periodically review the most up-to-date version. Our Practice may, in its sole discretion, modify or revise these Terms of Use and policies at any time, and you agree to be bound by such modifications or revisions by your continued use of the Website or correspondence with the Practice.

Subject to amendments of the update process by the Practice, this is the only means by which the Terms of Use may be altered. The Terms of Use cannot be changed by, e.g., emails, Tweets, or oral communications with you. If you are a current client of the Practice, these Terms may be amended by written agreement with you, when signed by both parties.

C. As-Is/As Available

1. Our Practice provides Content on an “as is” and “as available” basis. Our Practice does not warrant (that is, does not make a legally binding promise) that our Content will meet your requirements; that our Content will be uninterrupted, timely, secure, or error-free; or that the results you get from using the Content will be accurate, reliable, or satisfactory to you. We will endeavor to provide the best possible service to accessing information about the Practice, but many things (e.g., possible outages, hackings, etc.) are not within our control and we cannot provide for all eventualities. In the event we learn of a breach of Personal Data that is under or within our control, we will notify affected individuals as soon as practicable.
2. Please notify [email protected] of any known or suspected breach of security that impacts your access to our Practice; if you access our Practice via a mobile device, we recommend that said device be password-protected to prevent unauthorized access of your data.
3. Content may not be downloaded, copied, modified, produced, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, translated, published, performed or otherwise exploited for any other purposes whatsoever without Our prior written consent.
4. The content on the Content, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), that are owned by or licensed to our Practice, are subject to copyright and other intellectual property rights under the law.
5. Any material you download, view, or otherwise access through the Website is at your own risk. You will be solely responsible for any damage or loss of data that results from the download of any such material.
6. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The ToS govern your use of the Website, and therefore no communication from anyone associated with our Practice will create any warranty that isn’t expressly stated in the ToS.
7. You expressly agree that our Practice shall not be liable to you for any damages of any kind (even if our Practice has been advised of the possibility of such damages) resulting from the Website, including but not limited to your use of or inability to use the Website; unauthorized access to or changes in Content or information you submit; and the acts and statements of third parties who use the Website.
8. You agree that our Practice shall not be liable to you or any third party for any termination of or limitation on your access to our Practice. Our Practice may change, end, or put on hiatus the Website, or parts of its Content, at any time.
9. You agree that our Practice shall not be liable to you for any claim arising out of Content you make available, your use of the Website, your connection to the Website, your use of the ToS, or your violation of any rights of another.
10. You agree that your use of any Content created by our Practice, including any Website, does not create an attorney-client relationship between you and our Practice and/or any attorney affiliated therewith.
11. RULE 1.6 CONFIDENTIALITY OF INFORMATION (a) A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation, or the disclosure is permitted by paragraph (b). (b) A lawyer may reveal such information to the extent the lawyer reasonably believes necessary: (1) to prevent reasonably certain death or substantial bodily harm; (2) to prevent the client from committing a crime or fraud that is reasonably certain to result in substantial injury to the financial interest or property of another and in furtherance of which the client has used or is using the lawyer’s services; (3) to prevent, mitigate or rectify substantial injury to the financial interests or property of another that is reasonably certain to result or has resulted from the client’s commission of a crime or fraud in furtherance of which the client has used the lawyer’s services; (4) to secure legal advice about the lawyer’s compliance with these rules; (5) to establish a claim or defense on behalf of the lawyer in a controversy between the lawyer and the client, to establish a defense to a criminal charge or civil claim against the lawyer based upon conduct in which the client was involved, or to respond to allegations in any proceeding concerning the lawyer’s representation of the client. (6) to comply with other law or a court order. 22 (c) A lawyer who participates in an intervention on a lawyer, judge or law student by the Lawyers and Judges Assistance Committee shall not reveal any information learned through the intervention from or relating to the lawyer, judge or law student on whom the intervention is conducted except as may be permitted by the Rules of Discipline of the Mississippi Bar or requlired by law or court order. (d) A lawyer shall reveal information to the Lawyers and Judges Assistance Committee in accordance with approved monitoring procedures of the Lawyers and Judges Assistance Committee relating to the status of compliance of a lawyer, judge or law student with the terms and conditions imposed upon the lawyer, judge or law student by the Lawyers and Judges Assistance Committee. (e) A lawyer may reveal such information to the extent required by law or court order. [Amended June 23, 1994; amended April 18, 2002; amended effective November 3 , 2005 to add circumstances under which disclosure of otherwise confidential information is permitted.] Comment The lawyer is part of a judicial system charged with upholding the law. One of the lawyer’s functions is to advise clients so that they avoid any violation of the law in the proper exercise of their rights. The observance of the ethical obligation of a lawyer to hold inviolate confidential information of the client not only facilitates the full development of facts essential to proper representation of the client but also encourages people to seek early legal assistance. A fundamental principle in the client-lawyer relationship is that, in the absence of the client’s informed consent, the lawyer must not reveal information relating to the representation. See Terminology for definition of “informed consent.” This contributes to the trust that is the hallmark of the client-lawyer relationship. The client is thereby encouraged to seek legal assistance and to communicate fully and frankly with the lawyer even as to embarrassing or legally damaging subject matter. The lawyer needs this information to represent the client effectively and, if necessary, to advise the client to refrain from wrongful conduct. Almost without exception, clients come to lawyers in order to determine their rights and what is, in the complex of laws and regulations, deemed to be legal and correct. Based upon experience, lawyers know that almost all clients follow the advice given, and the law is upheld. The principle of client-lawyer confidentiality is given effect by related bodies of law, 23 : the attorney-client privilege the work product doctrine, and the rule of confidentiality established in professional ethics. The attorney-client privilege and the work product doctrine apply in judicial and other proceedings in which a lawyer may be called as a witness or otherwise required to produce evidence concerning a client. The rule of client-lawyer confidentiality applies in situations other than those where evidence is sought from the lawyer through compulsion of law. The confidentiality rule, for example, applies not only to matters communicated in confidence by the client but also to all information relating to the representation, whatever the source. A lawyer may not disclose such information except as authorized or required by the Rules of Professional Conduct or other law. See also Scope. The requirement of maintaining confidentiality of information relating to representation applies to government lawyers who may disagree with the policy goals that their representation is designed to advance. Paragraph (a) prohibits a lawyer from revealing information relating to the representation of a client. This prohibition also applies to disclosures by a lawyer that do not in themselves reveal protected information but could reasonably lead to the discovery of such information by a third person. A lawyer’s use of a hypothetical to discuss issues relating to the representation is permissible so long as there is no reasonable likelihood that the listener will be able to ascertain the identity of the client or the situation involved. Authorized Disclosure. Except to the extent that the client’s instructions or special circumstances limit that authority, a lawyer is impliedly authorized to make disclosures about a client when appropriate in carrying out the representation. In some situations, for example, a lawyer may be impliedly authorized to admit a fact that cannot properly be disputed or to make a disclosure that facilitates a satisfactory conclusion to a matter. Lawyers in a firm may, in the course of the firm’s practice, disclose to each other information relating to a client of the firm, unless the client has instructed that particular information be confined to specified lawyers. Disclosure Adverse to Client. Although the public interest is usually best served by a strict rule requiring lawyers to preserve the confidentiality of information relating to the representation of their clients, the confidentiality rule is subject to limited exceptions. Paragraph (b)(1) recognizes the overriding value of life and physical integrity and permits disclosure reasonably necessary to prevent reasonably certain death or substantial bodily harm. Such harm is reasonably certain to occur if it will be suffered imminently or if there is a present and substantial threat that a person will suffer such harm at a later date if the lawyer fails to take action necessary to eliminate the threat. Thus, a lawyer who knows that a client has accidentally discharged toxic waste into a town’s water supply may reveal this information to the authorities if there is a present and substantial risk that a person who 24 drinks the water will contract a life-threatening or debilitating disease and the lawyer’s disclosure is necessary to eliminate the threat or reduce the number of victims. Paragraph (b)(2) is a limited exception to the rule of confidentiality that permits the lawyer to reveal information to the extent necessary to enable affected persons or appropriate authorities to prevent the client from committing a crime or fraud, as defined in the Terminology section, that is reasonably certain to result in substantial injury to the financial or property interest of another and in furtherance of which the client has used or is using that lawyer’s services. Such a serious abuse of the client-lawyer relationship by the client forfeits the protection of this rule. The client can, of course, prevent such disclosure by refraining from the wrongful conduct. Although paragraph (b)(2) does not require the lawyer to reveal the client’s misconduct, the lawyer may not counsel or assist the client in conduct the lawyer knows is criminal or fraudulent. Ree Rule 1.2(d). See also Rule 1.16 with respect to the lawyer’s obligation or right to withdraw from the representation of the client in such circumstances. Paragraph (b)(3) addresses the situation in which the lawyer does not learn of the client’s crime or fraud until after it has been consummated. Although the client no longer has the option of preventing disclosure by refraining from the wrongful conduct, there will be situations in which the loss suffered by the affected person can be prevented, rectified or mitigated. In such situations, the lawyer may disclose information related to the representation to the extent necessary to enable the affected persons to prevent or mitigate reasonably certain losses or to attempt to recoup their losses. Paragraph (b)(3) does not apply when a person who has committed a crime or fraud thereafter employs a lawyer for representation concerning that offense. A lawyer’s confidentiality obligations do not preclude a lawyer from securing confidential legal advice about the lawyer’s personal responsibility to comply with these Rules. In most situations, disclosing information to secure such advice will be impliedly authorized for the lawyer to carry out the representation. Even when the disclosure is not impliedly authorized, paragraph (b)(4) permits such disclosure because of the importance of a lawyer’s compliance with the Rules of Professional Conduct. A lawyer entitled to a fee is permitted by paragraph (b)(5) to prove the services rendered in an action to collect it. This aspect of the rule expresses the principle that the beneficiary of a fiduciary relationship may not exploit it to the detriment of the fiduciary. Withdrawal. If the lawyer’s services will be used by the client in materially furthering a course of criminal or fraudulent conduct, the lawyer must withdraw, as stated in Rule 1.16(a)(1). 25 After withdrawal the lawyer is required to refrain from making disclosure of the clients’ confidences, except as otherwise provided in Rule 1.6. Neither this rule nor Rule 1.8(b) nor Rule 1.16(d) prevents the lawyer from giving notice of the fact of withdrawal, and the lawyer may also withdraw or disaffirm any opinion, document, affirmation, or the like. Where the client is an organization, the lawyer may be in doubt whether contemplated conduct will actually be carried out by the organization. Where necessary to guide conduct in connection with this Rule, the lawyer may make inquiry within the organization as indicated in Rule 1.13(b). Dispute Concerning Lawyer’s Conduct. Where a legal claim or disciplinary charge alleges complicity of the lawyer in a client’s conduct or other misconduct of the lawyer involving representation of the client, the lawyer may respond to the extent that lawyer reasonably believes necessary to establish a defense. The same is true with respect to a claim involving the conduct or representation of a former client. Such a charge can arise in a civil, criminal, disciplinary or other proceeding and can be based on a wrong allegedly committed by the lawyer against the client or on a wrong alleged by a third person, for example, a person claiming to have been defrauded by the lawyer and client acting together. The lawyer’s right to respond arises when an assertion of such complicity has been made. Paragraph (b)(2)(5) does not require the lawyer to await the commencement of an action or proceeding that charges such complicity, so that the defense may be established by responding directly to a third party who has made such an assertion. The right to defend also applies, of course, where a proceeding has been commenced. Where practicable and not prejudicial to the lawyer’s ability to establish the defense, the lawyer should advise the client of the third party’s assertion and request that the client respond appropriately. In any event, disclosure should be no greater than the lawyer reasonably believes is necessary to vindicate innocence. As stated above, the lawyer must make every effort practicable to avoid unnecessary disclosure of information relating to a representation, to limit disclosure to those having the need to know it, and to obtain protective orders or make other arrangements minimizing the risk of disclosure. Other law may require that a lawyer disclose information about a client. Whether such a law supersedes Rule 1.6 is a question of law beyond the scope of these rules. When disclosure of information relating to the representation appears to be required by other law, the lawyer must discuss the matter with the client to the extent required by Rule 1.4. If, however, the other law supersedes this rule and requires disclosure, paragraph (b)(6) permits the lawyer to make such disclosures as are necessary to comply with the law. A lawyer may be ordered to reveal information, relating to the representation of a 26 client, by a court or by another tribunal or governmental entity claiming authority pursuant to other law to compel the disclosure. Absent informed consent of the client to do otherwise, the lawyer should assert on behalf of the client all nonfrivolous claims that the order is not authorized by other law or that the information sought is protected against disclosure by the other law or that the information sought is protected against disclosure by the attorney-client privilege or other applicable law. In the event of an adverse ruling, the lawyer must consult with the client about the possibility of appeal to the extent required by Rule 1.4. Unless review is sought, however, paragraph (b)(6) permits the lawyer to comply with the court’s order. Paragraph (b) permits disclosure only to the extent the lawyer reasonably believes the disclosure is necessary to accomplish one of the purposes specified. Where practicable, the lawyer should first seek to persuade the client to take suitable action to obviate the need for disclosure. In any case, a disclosure adverse to the client’s interest should be no greater than the lawyer reasonably believes necessary to accomplish the purpose. If the disclosure will be made in connection with a judicial proceeding, the disclosure should be made in a manner that limits access to the information to the tribunal or other person having a need to know it and appropriate protective orders or other arrangements should be sought by the lawyer to the fullest extent practicable. Paragraph (b) permits but does not require the disclosure of information relating to a client’s representation to accomplish the purposes specified in paragraphs (b)(1) through (b)(6). In exercising the discretion conferred by this rule, the lawyer may consider such factors as the nature of the lawyer’s relationship with the client and with those who might be injured by the client, the lawyer’s own involvement in the transaction and factors that may extenuate the conduct in question. A lawyer’s decision not to disclose as permitted by paragraph (b) does not violate this rule. Disclosure may be required, however, by other rules. Some rules require disclosure only if such disclosure would be permitted by paragraph (b). See Rules 4,1(b), 8.1 and 8.3. Rule 3.3, on the other hand, requires disclosure in some circumstances regardless of whether such disclosure is permitted by this rule. Acting Competently to Preserve Confidentiality. A lawyer must act competently to safeguard information relating to the representation of a client against inadvertent or unauthorized disclosure by the lawyer or other persons who are participating in the representation of the client or who are subject to the lawyer’s supervision. See rules 1.1, 5.1 and 5.3. When transmitting a communication that includes information relating to the representation of a client, the lawyer must take reasonable precautions to prevent the information from coming into the hands of unintended recipients. This duty, however, does not require that the lawyer use special security measures if the method of communication 27 affords a reasonable expectation of privacy. Special circumstances, however, may warrant special precautions. Factors to be considered in determining the reasonableness of the lawyer’s expectation of confidentiality include the sensitivity of the information and the extent to which the privacy of the communication is protected by law or by a confidentiality agreement. A client may require the lawyer to implement special security measures not required by this rule or may give informed consent to the use of a means of communication that would otherwise be prohibited by this rule. Disclosures Otherwise Required or Authorized. The attorney-client privilege is differently defined in various jurisdictions. If a lawyer is called as a witness to give testimony concerning a client, absent waiver by the client, Rule 1.6(a) requires the lawyer to invoke the privilege when it is applicable. The lawyer must comply with the final orders of a court or other tribunal of competent jurisdiction requiring the lawyer to give information about the client. The Rules of Professional Conduct in various circumstances permit or require a lawyer to disclose information relating to the representation. See Rules 2.2, 2.3, 3.3 and 4.1. In addition to these provisions, a lawyer may be obligated or permitted by other provisions of the law to give information about a client. Whether another provision of law supersedes Rule 1.6 is a matter of interpretation beyond the scope of these Rules, but a presumption should exist against such a supersession. Former Client. The duty of confidentiality continues after the client-lawyer relationship has terminated. See Rule 1.9. [Amended June 23, 1994; amended effective November 3, 2005.]Our Practice reserves the right to discontinue any aspect of its Website at any time.

In other words, our Practice is not liable to you for allowing you to access Content, download Content, use the Website, or submit information to our Practice.

D. What you can’t do:

You agree not to use the Website (as well as the e-mail addresses and URLs of our Practices):

1. to make available any Content or work that violates the Content Policy as defined herein;
2. to impersonate any person or entity, including, but not limited to, our Practice’s attorneys, or any representative thereof, or falsely state or otherwise misrepresent your affiliation with a person or entity;
3. to forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted to or through the Practice or any our sites, servers, networks, or Content;
4. to remove watermarks or source identifiers, logos and/or code from content hosted on our Website;
5. to make available any Content that a court has ruled constitutes patent, trademark, trade secret or copyright infringement;
6. to make available any unsolicited or unauthorized advertising (defined as solicitations for direct or indirect commercial advantage), junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
7. to make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer or hardware or telecommunications equipment;
8. to interfere with or disrupt any of our Websites, Information, hosted Content or sites, servers or networks connected to our Practice’s sites;
9. to create an account if you are a resident or national of any country to which the U.S. has prohibited transactions by mandating a trade embargo, as detailed further by the State Department;
10. to use our Content or Websites to break any law that applies to you, including any rules or regulations having the force of law. Just by way of example, do not use the Content to disseminate restricted technologies or violate laws governing the export of technical data. This provision is not intended to deal with matters subject to the Content Policy, but the Content Policy cannot cover every law in every country. As a general matter, the Practice follows US law.

E. Data and Content Processing

In order to communicate with you, we have to process certain data and information including Personal Data that we collect from Users, and that each User inputs. In order to operate the site, host our Websites, Information and Content, and prevent technical issues and breaches, we need to process (e.g. collect, store, retrieve, disseminate, make available, and delete) certain data and information including personally identifying information, also known as “Personal Data”. Personal Data includes your username, your email address, your IP information and any personally identifying information you enter on the Website, including information that you submit or provide to Us.

By using the site, you consent to our collection, processing, retention and display of your Content as set forth and explained in these Terms of Use so we can provide you with services and operate our Practice; if we believe that using, retaining and/or sharing that information is necessary to preserve the integrity of the Content and the Content that we host; for legitimate legal and/or accounting audit purposes; when we have a good faith belief it is required by law, such as pursuant to a subpoena or other legal process; or when we have a good faith belief that doing so will help prevent imminent harm to someone.

B. This TOS, including the Privacy Policy, applies only to our Practice

This Privacy Policy covers our Practice’s treatment of Personal Data, including personally identifying information submitted to us, and which we collect when you use our Content in the course of ordinary communications. Our Content may contain links to third party websites that are not owned or controlled by our Practice and embedded content that is not created, controlled or owned by our Practice. our Practice has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, our Practice will not and cannot censor or edit the content of any non-user third-party. By using the Website, you expressly relieve our Practice from any and all liability arising from your use of any third-party website. Additional terms and conditions, as well as data collection practices, may apply when you use, view or access Practice Content that is hosted on or by Facebook, Twitter, YouTube, Yahoo, Google+ or others, even when embedded on the Practice Website; our Practice does not control said terms and conditions, and your use of such sites is at your own responsibility and your own risk. By accessing any page hosted, controlled or otherwise managed by our Practice or submitting any content to our Practice including but not limited to emails or postings on our Facebook page, YouTube postings or Forums, you state that you agree with, and agree to comply with, the Terms of Use.

C. About possible changes:

If these Terms of Use and/or this Privacy Policy change at any point in the future, we will post the policy changes to the Website. Such changes will be used only for information provided by those who have visited, used, or accessed the Website after the effective date of such policy changes. If you are concerned about how your information is used, you should check back at the Content site periodically to review the policies.

D. our Practice adherence to the TOS:

If you feel that this Practice is not following its stated information policy, please contact our Practice Personnel at [email protected]

E. What we will do:

1. Any information you include in any submission to the Practice, including information about your religious views, political views or your sexual identity, or any personally identifying information such as your email address or location, may be used, viewed and/or accessed by Practice employees, attorneys, consultants, experts and/or designees pursuant to our Practice confidentiality policies.

2. We collect personally identifying information such as your IP address and e-mail address when you request a Content invitation, register for a user account with the Content, visit any of the sites and Content that are part of our Practice family of sites, or use any of the Content’s Content. We may use third-party processes to store, process, or transmit data, or perform other technical functions related to operating the Website. These Content may include spam detectors, backup Content, icon hosting, and e-mail Content; a list of third-party Content is provided in our Subprocessor List. We may store or process your Personal Data in data centers which may be located in the United States or other countries.
3. We collect, process and retain the following data for the following reasons:
   1. E-mail Addresses: We collect e-mail addresses of and from those who communicate with us via e-mail and any Content or Personal Data included in e-mails to us. We need this information so we can respond to you, and for other legal and accounting/audit reasons including maintaining the integrity of the Content and the Content that we host;
   2. User-Specific Information: We collect information about what pages users access or visit including your interactions with Content features as well as IP address (which may manifest with approximate or inaccurate location information) browser and operating system types, access times and dates, as well as referral information (i.e. data about what site you are coming to the Content from) and whether there are errors in displaying Content to you. We need this information to maintain the integrity of the site, the Website and the Content that we host; to provide you with the Content that you are seeking; to minimize spam; and for other legal and accounting/audit reasons.
      1. You consent to our collection, processing and retention of your Content, including personal data, when you submit data, information and Content to the Practice, including for purposes of providing services to you by the Practice if you choose to obtain legal services from the Practice or our affiliated attorneys.
      2. You consent to our collection, processing, retention and use of your IP address for a limited time. We need this consent to manage and maintain the Practice and our Websites, and to provide you with services and Content.
      3. If you obtain legal services from the Practice, when you submit a payment for such services, you give informed and unambiguous consent that the personally identifying information that you submit in conjunction with your payment (“Payment Information”) can be collected, processed and retained for for legal and accounting/auditing purposes. Payment Information includes your check/bank information credit or debit card number, card expiration date, CVV code, cheque payment information and billing/payment account address. Payment Information used at our Practice, and is shared with payment processors/providers to process payments; prevent, detect and investigate fraud or other prohibited activities; facilitate dispute resolution such as chargebacks or refunds; and for other purposes associated with the acceptance of credit or debit cards. Payment Information also includes the name and address that you submit to the Practice.
      4. We reserve the right to send our clients and potential and former clients correspondence and emails regarding news about our attorneys, as well as site policy updates and other matters concerning the management and integrity of our Practice.

1. The IP address of our Practice’s visitors is collected and processed by our Practice and our website management/maintenance team; we need this information so we can provide you with the Content that you are requesting, correspond with you, and for other legal and accounting audit reasons including maintaining the integrity of the Content and the Content that we host. Certain IP information may be collected by the server for log purposes and used for limited technical assessments of the Website.
2. Logs of server interactions, as well as event logs are collected and processed. We need this information for legal and accounting/audit reasons, including maintaining the integrity of the Content that we host, corresponding with our users, and providing users with Content.
3. We use cookies to store visitors’ preferences; customize web pages and Content delivery based on visitors’ browser type or other information that the visitor sends; and record activity at the Content in order to provide better service when visitors return to our site. Cookies must be enabled for certain our elements of our Website to function properly with your computer.

F. What we will not do:

1. We will not sell, trade, or rent your Personal Data. Except as provided under this policy, we will not disclose your Personal Data to any third party without your prior consent unless we (1) are legally compelled to do so, (2) have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order, or legal process served on our Practice, or (3) are cooperating with law enforcement authorities. As to (3), we will cooperate with all investigations conducted by law enforcement authorities within the United States of America when legally required to do so. Cooperation with law enforcement authorities from other countries and cooperation when it is not legally required are at our sole discretion. Our discretion looks favorably on freedom and justice, and unfavorably on oppression and violence.
2. Unless legally prohibited, we will attempt to notify you any time we disclose your Personal Data to a third party. In some cases, the information we have, such as an IP address, may be insufficient for us to notify you.

C. Threatening the technical integrity of the Website

Conduct that threatens the technical integrity of the Content, e.g. attempts to hack the Website or spread viruses through it, will result in an immediate report of such actions to appropriate law enforcement entities.

D. EU Residents

If you are a resident or citizen of the European Community, you are generally entitled to access personal information that our Practice holds and to have inaccurate data corrected or removed to the extent our Practice has access to and/or maintains it. In certain circumstances, you also may have the right to object for legitimate reasons to the processing or transfer of personal information. If you wish to exercise any of these rights, please use the Contact Form to make a request.

E. DMCA POLICY

If you believe that your content has been reproduced in whole or in part, without transformative use (transformative use is defined by our Practice as adding something new, with a further purpose or different character, altering the source with new expression, meaning, or message), please follow our procedures for reporting copyright infringement.

The report must be submitted via email  and must clearly and specifically indicate the exact location (URL), nature, and extent of each instance of allegedly infringing content, as well as the exact copyrighted material that is being infringed, as well as full and complete contact information for the copyright holder and/or an authorized agent.

To file a copyright infringement notification with us, you will need to send a communication to us with all of the following information in it, using this format:

Include a statement telling us that you have found Content on our Practice which you believe infringes your copyright (for example, “I hereby confirm that I believe the article identified below infringes my copyright”).

1. Tell us which country your copyright applies to.
2. Tell us the title of the content concerned and the full URL for its page.
3. Explain to us in what way that content infringes your copyright (e.g. the text is copied, the entire article is a copy of an original work made by you, etc.)
4. Identify the type (e.g. a book, a short article, a poem, etc.). and details of (e.g. title, publisher, dates, etc.) the copyright work which you own the rights in, and which you believe has been infringed. If this information is available on the internet, it is helpful to send us a link.
5. Let us have contact information so that we can get in touch with you (email address is preferred).
6. Let us have the contact information which we can pass on to the submitter of the content concerned, so that they can get in touch with you to resolve your complaint directly (email address is preferred).
7. Include the following statement: “I have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law. I swear that the information contained in this notification is accurate and that I am the copyright owner (or legal representative thereof) or otherwise have an exclusive right in law to bring infringement proceedings with respect to its use.”
8. Sign the notice. If you are providing notice by e-mail, a scanned physical signature or a valid electronic signature will be accepted.

Send the notice, in English, to the below address:

Subject: our Practice Copyright Infringement Notification

Email:

Our DMCA Agent is

Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content and any other party designated by our Practice.

Before submitting a report of infringement to our Practice, be sure you know whether the content that you have seen on our Practice infringes your copyright. Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation of copyright infringement by using this process and remember that most countries’ copyright law does not give one person ownership of an idea, but ownership of the specific words or image used to express that idea.

II. Content Age Policy

This Age Policy covers the Content’s treatment of users (a) who are residents or citizens of the European Union and of the age where consent of a parent or legal guardian is required for the processing of personal data of children including email addresses and IP addresses, as well as certain uses of cookies; and (b) who are under the age of thirteen (13) and residents or citizens of any other country.

In compliance with United States regulations regarding online privacy for children, the Content does not knowingly solicit or collect information from children under the age of thirteen (13). Children under the age of thirteen (13) are therefore not permitted to have an account or upload Content of any type to the Content. By submitting data and/or content to the Practice, you thereby confirm that you are thirteen (13) years old or older, and of the age to legally grant consent to have us use, process and retain your Personal Data as well as Special Categories of Personal Information in the country where you reside and/or are a citizen.

Asking a parent or legal guardian to upload Content does not constitute submitting Content under this policy. If you are under the age of thirteen (13) and not an Age-Barred Individual (as defined below), your parent or legal guardian may upload your Content through their account.

We as an organization have opted to protect teen users’ privacy. As a result, we cannot receive or host Content from individuals that we know are under the age of sixteen and residents/citizens of the European Union, unless they are residents/citizens of the EU countries that allow the collection of Special Categories of Personal Data from those at a younger age (“Age-Barred Individuals”). Age-Barred Individuals may not maintain accounts or submit Content.