PRIVACY POLICY

This Privacy Policy describes how Andersen Schwartzman Woodard Brailsford, PLLC (“Andersen Schwartzman”) collects, uses, and discloses certain personal information. This Privacy Policy describes our practices in connection with information that we collect online and offline.

Online. Online, we collect information through our website (“Website”), social media (“Our Social Media”), email messages we send to you that link to this Privacy Policy (“Emails”), sharing sites (such as Sharefile® or Dropbox®) (“Sharesites”), or services we provide to our clients (“Client Services”). We refer to the Website, Our Social Media, Emails, Sharesites, and Client Services as the “Services.”

Andersen Schwartzman is committed to protecting your privacy. This Statement of Privacy applies to the Andersen Schwartzman Website and governs data collection and usage. By using the Andersen Schwartzman Website, you consent to the data practices described in this statement.

Collection of your Personal Information

In general, you may visit the Andersen Schwartzman Website without providing us with any personal information. “Personal information” is information that identifies you, such as your e-mail address, name, postal address, telephone number, job title, and employer.

We collect personal information in a variety of ways, including:

  • Through the Services. We collect personal information through the Services, such as when you sign up for a newsletter or request Client Services.
  • Offline. We collect personal information from you offline, such as when you participate in a contractual arrangement for Client Services, when you provide information in conjunction with our Client Services, or when you interact with us at a client event.
  • From Other Sources. We receive personal information from other sources, such as publicly available databases, joint marketing partners, event sponsors, entities to which we provide Client Services (such as your employer), and social media platforms.

There is also information about your computer hardware and software that is automatically collected by Andersen Schwartzman. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used by Andersen Schwartzman for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Andersen Schwartzman website.

Please keep in mind that if you directly disclose personal information or personally sensitive data through public message boards, chat, profile pages, blogs, and other services to which you are able to post information and content (including Our Social Media), that information becomes public wand may be collected and used by others.

Andersen Schwartzman encourages you to review the privacy statements of websites you choose to link to from Andersen Schwartzman so that you can understand how those websites collect, use and share your information. Andersen Schwartzman is not responsible for the privacy statements or other content on websites outside of the Andersen Schwartzman and Andersen Schwartzman family of websites.

Use of your Personal Information

Andersen Schwartzman collects and uses your personal information to operate the Andersen Schwartzman website and to deliver its Client Services. For example:

  • To provide Client Services.
  • To respond to your inquiries, such as when you contact us online or by email.
  • To fulfill your requests to us.
  • To send administrative information to you.
  • To provide you with our newsletter or other marketing materials.
  • To send you information about our services and other news about our firm.
  • To contact you, e.g. via surveys, to conduct research about your opinion of current services or of potential new services that may be offered.
  • For data analysis, e.g. to improve the efficiency of our services.
  • For internal process audits.
  • For fraud and security monitoring purposes.
  • To meet our legal and regulatory obligations.
  • For enhancing, improving, or modifying our current products and services.
  • For identifying usage trends.
  • For determining effectiveness of promotional campaigns.
  • For operating and expanding our business activities.

In addition, Andersen Schwartzman keeps track of the websites and pages our customers visit within aswblaw.com, to determine what Andersen Schwartzman services are the most popular. This data is used to deliver customized content and advertising within aswblaw.com to customers whose behavior indicates that they are interested in a subject area.

Disclosure of Personal Information

Andersen Schwartzman does not sell, rent or lease its customer lists to third parties. Andersen Schwartzman may share data with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Andersen Schwartzman, and they are required to maintain the confidentiality of your information.

Andersen Schwartzman does not use or disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit consent.

Andersen Schwartzman websites will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary:

  • To comply with applicable law and regulations.
  • To comply with legal process served on Andersen Schwartzman, any of its attorneys, or the website.
  • To cooperate with public and government authorities.
  • To cooperate with law enforcement.
  • To enforce our terms and conditions.
  • To protect and defend the rights, safety, privacy, or property of Andersen Schwartzman, you, or others. and
  • To act under exigent circumstances to protect the personal safety of users of Andersen Schwartzman, or the public.

Other Information

“Other Information” is any information that does not reveal your specific identity or does not directly relate to an identifiable individual:

  • Browser and device information
  • Usage data
  • Information collected through cookies, pixel tags and other technologies
  • Demographic information and other information provided by you that does not reveal your specific identity
  • Information that has been aggregated in a manner such that it no longer reveals your specific identity

If we are required to treat Other Information as Personal Information under applicable law, then we may use and disclose it for the purposes for which we use and disclose Personal Information as detailed in this Privacy Policy.

We and our service providers may collect Other Information in a variety of ways, including: 

  • Through your browser or device. Certain information is collected by most browsers or automatically through your device, such as your Media Access Control (MAC) address, computer type (Windows or Mac), screen resolution, operating system name and version, device manufacturer and model, language, Internet browser type and version and the name and version of the Services (such as the App) you are using. We use this information to ensure that the Services function properly.
  • Using cookies. Cookies are pieces of information stored directly on the computer that you are using. Cookies allow us to collect information such as browser type, time spent on the Services, pages visited, language preferences and other traffic data. We do not currently respond to browser do-not-track signals.
    • You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Andersen Schwartzman services or websites you visit.
  • Using pixel tags and other similar technologies. Pixel tags (also known as web beacons and clear GIFs) may be used to, among other things, track the actions of users of the Services (including email recipients), measure the success of our marketing campaigns, and compile statistics about usage of the Services and response rates.
  • Analytics. We use Google Analytics, which uses cookies and similar technologies to collect and analyze information about use of the Services and report on activities and trends. This service may also collect information regarding the use of other websites, apps and online resources. You can learn about Google’s practices by going to https://policies.google.com/technologies/partner-sites, and opt out of them by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout. To view Google’s privacy policy, please click here.
  • IP Address. Your IP address is automatically assigned to your computer by your Internet Service Provider. An IP address may be identified and logged automatically in our server log files whenever a user accesses the Services, along with the time of the visit and the page(s) that were visited. Collecting IP addresses is standard practice and is done automatically by many websites, applications and other services. We use IP addresses for purposes such as calculating usage levels, diagnosing server problems and administering the Services. We may also derive your approximate location from your IP address.

We may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law. In some instances, we may combine Other Information with Personal Information. If we do, we will treat the combined information as Personal Information as long as it is combined.

Security of your Personal Information

We seek to use reasonable organizational, technical and administrative measures to protect personal information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us in accordance with the “Contact Information” section below.

Retention Period

We retain Personal Information for as long as needed or permitted in light of the purpose(s) for which it was obtained and consistent with applicable law. The criteria used to determine our retention periods include:

  • The length of time we have an ongoing relationship with you and provide the Services to you (for example, for as long as you have an account with us or keep using the Services);
  • The length of time we have an ongoing relationship with you as our client and provide you with Client Services;
  • Whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions or communications for a certain period of time before we can delete them); or
  • Whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations). 

Third Party Services

This Privacy Policy does not address, and we are not responsible for, the privacy, information or other practices of any third parties.

This includes any third party operating any website or service to which the Services link. The inclusion of a link on the Services does not imply endorsement of the linked site or service by us or by our affiliates.

In addition, we are not responsible for the information collection, use, disclosure or security policies or practices of other organizations, such as Facebook, Apple, Google, Microsoft, RIM or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider or device manufacturer, including with respect to any Personal Information you disclose to other organizations through or in connection with Our Social Media.

Use Of Services By Minors

The Services are not directed to individuals under the age of eighteen (18), and we do not knowingly collect Personal Information from individuals under 18.

Changes to this Statement

Andersen Schwartzman will occasionally update this Statement of Privacy to reflect company and customer feedback. Andersen Schwartzman encourages you to periodically review this Statement to be informed of how Andersen Schwartzman is protecting your information.

Contact Information

Andersen Schwartzman welcomes your comments regarding this Privacy Policy. If you believe that Andersen Schwartzman has not adhered to this Privacy Policy, please contact Andersen Schwartzman at info@aswblaw.com. We will use commercially reasonable efforts to promptly determine and remedy the problem.

 

TERMS & CONDITIONS

LAST UPDATED: May 31, 2018

The site currently located at www.aswblaw.com (together with any successor site(s) thereto, and all materials and Services (as defined below) available therein, the “Site”) is operated by Andersen Schwartzman Woodard Brailsford, PLLC (“Andersen Schwartzman,” “we” or “us”). Your use of (including any access to) the Site is governed by these Terms of Use (this “Agreement”), regardless of how you access the Site (including through the Internet, through a mobile network or otherwise).

IF YOU ARE AN INDIVIDUAL ACCESSING OR USING THE SITE ON BEHALF OF, OR FOR THE BENEFIT OF, ANY CORPORATION, PARTNERSHIP OR OTHER ENTITY WITH WHICH YOU ARE ASSOCIATED (AN “ORGANIZATION”), THEN YOU ARE AGREEING TO THIS AGREEMENT ON BEHALF OF YOURSELF AND SUCH ORGANIZATION, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION TO THIS AGREEMENT. References to “you” and “your” in this Agreement will refer to both the individual using the Site and to any such Organization.

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 17 BELOW (AND SUBJECT TO THE EXCEPTIONS SET FORTH THEREIN), REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.

  1. Acceptance of Terms. By using the Site, you agree to the terms of this Agreement and to any additional terms, conditions, rules and guidelines that we post on the Site, or otherwise make available to you. This Agreement hereby incorporates by this reference any such additional terms, conditions, rules and guidelines. We may make changes to this Agreement from time to time, and we may notify you of such changes by any reasonable means, including by posting the revised version of this Agreement on the Site. You can determine when we last changed this Agreement by referring to the “LAST UPDATED” legend above. Your use of the Site following any changes to this Agreement will constitute your acceptance of those changes. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes. We may, at any time and without liability, modify or discontinue all or part of the Site; refuse to provide any user with access to the Site; charge, modify or waive any fees required to use the Site; or offer opportunities to some or all Site users.
  2. Jurisdiction. The Site is controlled and/or operated from the United States, and is not intended to subject us to non-U.S. jurisdiction or laws, except as otherwise expressly stated in this Agreement. The Site may not be appropriate or available for use in some jurisdictions outside of the United States. If you use the Site, you do so at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
  3. No Legal Advice. We provide users of the Site with access to general information about us, and to related materials and services, including: (a) information and other materials such as newsletters, blogs, legal updates, articles, attorney profiles, event details, videos, photos, text, data and other similar content; and (b) services such as event registration, subscription management, research tools, video players and links to third-party websites (such information, materials and services made available in connection with the Site, collectively, the “Services”).

WHILE THE INFORMATION ON THE SITE MAY CONCERN LEGAL ISSUES, SUCH INFORMATION IS PROVIDED FOR EDUCATIONAL PURPOSES ONLY. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES DO NOT CONSTITUTE LEGAL ADVICE. MOREOVER, USE OF THE SITE IS NOT INTENDED TO CONSTITUTE, AND DOES NOT CONSTITUTE, A SOLICITATION FOR THE FORMATION OF AN ATTORNEY-CLIENT RELATIONSHIP; NO ATTORNEY-CLIENT RELATIONSHIP IS CREATED THROUGH YOUR USE OF THE SITE. MOREOVER, NEITHER RECEIPT OF ANY SERVICES, NOR ANY E-MAIL OR OTHER COMMUNICATION SENT THROUGH THIS SITE, WILL CREATE AN ATTORNEY-CLIENT RELATIONSHIP, AND NO SUCH E-MAIL OR COMMUNICATION WILL BE TREATED AS CONFIDENTIAL. YOU SHOULD NOT ACT OR REFRAIN FROM ACTING ON THE BASIS OF THE SITE WITHOUT SEEKING LEGAL ADVICE OF COUNSEL IN THE RELEVANT JURISDICTION(S). WE EXPRESSLY DISCLAIM ALL LIABILITY IN RESPECT OF ACTIONS TAKEN OR NOT TAKEN BASED ON ANY SERVICES. FURTHER, NO VIEWS EXPRESSED IN CONNECTION WITH ANY BLOGS AVAILABLE IN CONNECTION WITH THE SITE SHALL BE ATTRIBUTED TO ANDERSEN SCHWARTZMAN OR ITS AFFILIATED ENTITIES, OR ITS OR THEIR ATTORNEYS OR CLIENTS.

  1. Information You Submit Through the Site. Your submission of information through the Site is governed by our Privacy Policy, which is located at _______(the “Privacy Policy”). You represent and warrant that all information you provide in connection with the Site is and will remain true, accurate and complete, and you will maintain and update such information regularly as needed. If you choose to make any of your personally identifiable or other information publicly available on, through or in connection with the Site, you do so at your own risk.
  2. Rules of Conduct. While using the Site you must comply with all applicable laws, rules and regulations. In addition, we expect users of the Site to respect the rights and dignity of others. Your use of the Site is conditioned on your compliance with the rules of conduct set forth in this Section 5; your failure to comply with such rules may result in termination of your right to use the Site pursuant to Section 17 below. You agree that you will not:
  • Use the Site for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.
  • Harvest or collect information about other users of the Site.
  • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that we endorse any statement you make.
  • Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available, including by hacking or defacing any portions of the Site; or violate any requirements, procedures, policies or regulations of such servers or networks.
  • Post, transmit or otherwise make available through or in connection with the Site any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or that otherwise fail or may fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
  • Post, transmit or otherwise make available through or in connection with the Site any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is or is potentially harmful or invasive or that may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a “Virus”).
  • Restrict or inhibit any other person from using the Site (including by hacking or defacing any portion of the Site).
  • Reproduce, duplicate, copy, modify, adapt, translate, create derivative works of, sell, resell, lease, loan, timeshare or otherwise exploit any portion of, use of or access to the Site, without our express prior written consent.
  • Reverse engineer, decompile or disassemble any portion of the Site, except where such restriction is expressly prohibited by applicable law.
  • Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.
  • Frame or mirror any part of the Site, or otherwise incorporate any portion of the Site into any product or service, without our express prior written consent.
  • Systematically download or store Site content.
  • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine,” or in any way gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without our express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Site’s root directory, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Site for the sole purpose of, and solely to the extent necessary, for creating publicly-available, searchable indices of such materials, but not caches or archives of such materials, solely in connection with each operator’s public online search service. We reserve the right to revoke these exceptions either generally or in specific instances.
  1. Registration. You may need to register to use all or part(s) of the Site. We may decline your request to register for any reason. In the event we accept your registration request, we may reject, or require that you change, any user name, password or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential; you are responsible for any use or misuse of your user name or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your user name and password, or your Site account.
  2. Profiles and Forums. Site visitors may make available certain materials (each, a “Submission”) through or in connection with the Site, including on the Site’s interactive services, such as blogs, message boards and other forums, and commenting and other messaging functionality. We have no control over, and are not responsible for, any use or misuse (including any distribution) by any third party of Submissions. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE SITE, YOU DO SO AT YOUR OWN RISK.
  3. License. For purposes of clarity, you retain ownership of your Submissions. For each Submission, you hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit such Submission, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials).

In addition, if you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Site or otherwise, such Feedback will be deemed a Submission, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place us under any fiduciary or other obligation.

You represent and warrant that you have all rights necessary to grant the licenses granted in this Section 8, and that your Submissions, and your provision thereof through and in connection with the Site, are complete and accurate, and are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.

  1. Monitoring. We may (but have no obligation to) monitor, evaluate, alter or remove Submissions before or after they appear on the Site, or monitor or analyze your access to or use of the Site. We may disclose information regarding your access to and use of the Site, and the circumstances surrounding such access and use, to anyone for any reason or purpose.
  2. Your Limited Rights. Subject to your compliance with this Agreement, and solely for so long as you are permitted by us to use the Site, you may view one (1) copy of any portion of the Site to which we provide you access under this Agreement, on any single device, solely for your personal, non-commercial use.
  3. Our Proprietary Rights. As between you and us, we own the Site, including all information, materials and other Services available through the Site. The Site may be protected by copyright, trademark, patent and/or other proprietary rights and laws.

Our trade names, trademarks and service marks include ANDERSEN SCHWARTZMAN WOODARD BRAILSFORD, PLLC, ANDERSEN SCHWARTZMAN WOODARD BRAILSFORD, ANDERSEN SCHWARTZMAN, ASWB PLLC, and ASWB, and any associated trademarks, service marks, and logos. All trade names, trademarks, service marks and logos on the Site not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting any license or right to use any trade names, trademarks, service marks or logos without express prior written consent of the owner.

PLEASE NOTE THAT UNAUTHORIZED USE OF THE SITE, INCLUDING ANY SOFTWARE USED BY THE SITE, MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES (INCLUDING POSSIBLE MONETARY DAMAGES), INCLUDING FOR COPYRIGHT INFRINGEMENT.

  1. Third Party Materials; Links. Certain Site functionality may make available access to information, products, services and other materials made available by third parties, including Submissions (“Third Party Materials”), or allow for the routing or transmission of such Third Party Materials, including via links. By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Materials.

We are not responsible for and do not control or endorse any Third Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third Party Materials, or any intellectual property rights therein. Certain Third Party Materials may, among other things, be inaccurate, misleading or deceptive. Nothing in this Agreement shall be deemed to be a representation or warranty by us with respect to any Third Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) through the Site at any time. In addition, the availability of any Third Party Materials through the Site does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider. YOUR USE OF THIRD-PARTY MATERIALS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY MATERIALS).

Other sites may link to the Site with or without our authorization; no such linking implies our endorsement of, or our affiliation with, any such site, and we may block any links to or from the Site at any time. Additionally, we may provide tools to allow you to link to the Site directly from a third-party site; if you do link to the Site (whether using such tools or otherwise), you agree that you will disable and remove any such link promptly upon our request.

  1. Disclaimer of Warranties. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) THE SITE AND ANY SERVICES, THIRD PARTY MATERIALS AND OTHER INFORMATION AND MATERIALS MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SITE ARE PROVIDED TO YOU ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY; AND (B) WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES, TERMS AND CONDITIONS WITH RESPECT TO THE SITE AND ANY SERVICES, THIRD PARTY MATERIALS AND OTHER INFORMATION AND MATERIALS MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SITE, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION 13 AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF US AND OUR AFFILIATED AND ASSOCIATED ENTITIES, AND OUR AND THEIR RESPECTIVE partners, members, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS (COLLECTIVELY, THE “AFFILIATED ENTITIES”), AND OUR AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.

WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE (OR ANY PART THEREOF) WILL BE ACCURATE, COMPLETE OR ERROR-FREE, NOR THAT ANY PARTICULAR SOFTWARE OR HARDWARE, WILL BE COMPATIBLE WITH THE SITE, AND YOU HEREBY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO (A) OBTAIN AND PAY FOR ANY SOFTWARE, HARDWARE AND SERVICES (INCLUDING INTERNET CONNECTIVITY) NEEDED TO ACCESS AND USE THE SITE, AND (B) ENSURE THAT ANY SOFTWARE, HARDWARE AND SERVICES THAT YOU USE WILL FUNCTION CORRECTLY WITH THE SITE. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SITE.

While we try to maintain the timeliness, integrity and security of the Site, we do not guarantee that the Site is or will remain updated, complete, correct or secure, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Site. If you become aware of any such alterations, please contact us at info@aswblaw.com with a description of such alterations and the location(s) on THE SITE.

  1. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, NOR FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF SUBMISSIONS, OR UNAUTHORIZED INTERCEPTION OF ANY SUBMISSIONS BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; (B) WITHOUT LIMITING THE FOREGOING, WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY SERVICES, THIRD PARTY MATERIALS OR OTHER INFORMATION OR MATERIALS ON THE SITE, INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH; (C) YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE OR ANY SERVICES, THIRD PARTY MATERIALS OR OTHER INFORMATION OR MATERIALS MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SITE IS TO STOP USING THE SITE; AND (D) OUR MAXIMUM AGGREGATE LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL BE THE GREATER OF (I) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO ACCESS AND USE THE SITE, AND (II) TEN U.S. DOLLARS ($10.00). ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION 14 AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF US AND OUR AFFILIATED ENTITIES, AND OUR AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.

IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF A PARTY’S LIABILITY WITH RESPECT TO DEATH OR PERSONAL INJURY CAUSED BY SUCH PARTY’S NEGLIGENCE, FRAUD OR ANY OTHER MATTER, THEN SUCH PARTY’S LIABILITY WILL NOT BE LIMITED OR EXCLUDED TO THE EXTENT OF SUCH PROHIBITION UNDER SUCH APPLICABLE LAW.

  1. Indemnity. To the fullest extent permitted under applicable law, you agree to defend, indemnify and hold us and our Affiliated Entities, and our and their respective successors and assigns, harmless from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to (a) any use of, or activities in connection with, the Site (including all Submissions) by or on behalf of you, or using your Site account, or (b) any violation or alleged violation of this Agreement by you.
  2. Termination. This Agreement is effective until terminated. We may, at any time and for any reason (including if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement), terminate or suspend your access to or use of: (a) the Site, (b) your user name and password, or (c) any files, information or materials associated with your user name and password. Upon any such termination or suspension, your right to use the Site will immediately cease, and we may, without liability to you or any third party, immediately deactivate or delete your user name, password and account, and all associated files and information. If we terminate or suspend your use of the Site, you hereby waive any claims against us or our Affiliated Entities with respect to such termination or suspension. We and our Affiliated Entities shall not be liable for any termination or suspension of your access to the Site or to any such files, information or materials, and (except as may be required under mandatory applicable law) shall not be required to make such files, information or materials available to you after any such termination or suspension. We may take steps that we believe are appropriate to enforce or verify compliance with any part of this Agreement (including our right to cooperate with any legal process relating to your use of the Site or any third-party claim that your use of the Site is unlawful or infringes such third party’s rights). Sections 2–9 and 11–22 shall survive any expiration or termination of this Agreement.
  3. Governing Law; Dispute Resolution. If you are a resident of the United States or any claim or dispute in connection with this Agreement or your use of the Site (each, a “Dispute”) arises in connection with your use of (including access to) the Site while in the United States, or if you are an Organization or an individual using the Site on behalf of, or for the benefit of, an Organization, the following will apply: The terms of this Agreement and any applicable Dispute are governed by and shall be construed in accordance with the laws of the United States (including federal arbitration law) and the State of Idaho, U.S.A., without regard to its principles of conflicts of law. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND ANDERSEN SCHWARTZMAN WOODARD BRAILSFORD, PLLC, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT YOU AND ANDERSEN SCHWARTZMAN WOODARD BRAILSFORD, PLLC ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by JAMS under the JAMS Streamlined Arbitration Rules & Procedures, as amended by this Agreement. The JAMS Streamlined Arbitration Rules & Procedures are available online at https://www.jamsadr.com/rules-streamlined-arbitration/. In connection with such arbitration: (a) the arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate, (b) any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, and (c) if the parties are unable to agree on a location, such determination should be made by JAMS or by the arbitrator; provided, however, that to the extent (and only to such extent) the applicable arbitration rules expressly provide otherwise, such arbitration rules will supersede subsections (a)-(c) of this Section 17. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.

Subject to the paragraph below, if you are not a resident of the United States and the applicable Dispute does not arise in connection with your use of (including access to) the Site while in the United States, and if you are neither an Organization nor an individual using the Site on behalf of, or for the benefit of, an Organization, the following will apply: The terms of this Agreement and any Dispute are governed by and shall be construed in accordance with the laws of the United States and the State of Idaho, U.S.A., without regard to its principles of conflicts of law or the U.N. Convention on Contracts for the International Sale of Goods. You agree to the exclusive jurisdiction of the federal and state courts located in Boise, Idaho, U.S.A., and waive any jurisdictional, venue or inconvenient forum objections to such courts.

  1. Filtering. Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at: https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. Please note that we do not endorse any of the products or services listed at this site.
  2. Information or Complaints. If you have a question or complaint regarding the Site, please feel free to contact us via e-mail at info@aswblaw.com, or by calling us at 208-867-5354, or by contacting us at the mailing address set forth below. Please note that if you communicate with us in connection with a matter for which we do not already represent you, you should not convey to us any confidential or sensitive information because such communication will not be treated as privileged or confidential.

Marketing Department

Andersen Schwartzman Woodard Brailsford, PLLC

101 South Capitol Blvd., Suite 1600

Boise, Idaho 83705

  1. Copyright Infringement Claims. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send Andersen Schwartzman a written notice by mail, e-mail or fax, requesting that we remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Andersen Schwartzman a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/for details. Notices and counter-notices must be sent in writing by mail to DMCA Agent, Andersen Schwartzman Woodard Brailsford, PLLC, 101 South Capitol Blvd., Suite 1600, Boise, Idaho, 83705; or by e-mail to info@aswblaw.com.

We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.

  1. Contact Us. If you have any questions regarding the meaning or application of this Agreement, please direct such questions to info@aswblaw.com. E-mail communications are not necessarily secure, so please do not include sensitive information in any e-mail to us.
  2. Miscellaneous. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and us. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any other provision. You may not assign, transfer, or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement shall be construed as if followed by the phrase “without limitation.” This Agreement hereby incorporates by this reference any additional terms that we post on the Site (including our Privacy Policy) and, except as otherwise expressly stated herein, this Agreement is the entire Agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. Notices to you may be made via posting to the Site or by e-mail (including in each case via links), or by regular mail, in our discretion.

Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.

© 2012–2018 Andersen Schwartzman Woodard Brailsford, PLLC unless otherwise noted. All rights reserved.

 

WEBSITE DISCLAIMER

Disclaimer:

The information on Andersen Schwartzman Woodard Brailsford PLLC’s (“Andersen Schwartzman”) website and the information found through the designated links is not intended to be advertising or solicitation, and is not intended to provide legal advice.

Use of this website is not a substitute for consultation with legal counsel.

Use of this website, or of the information it contains, does not create an attorney-client relationship between the user and Andersen Schwartzman. Andersen Schwartzman does not endorse or promote any linked entities or websites, and provides these links solely as a convenience to the user. Please do not use the e-mail links on this website for the transmission of confidential or sensitive information, as the security of such communications cannot be assured.