Miller Proctor Law PLLC takes seriously its obligation to keep information about current and former clients (referred to in this document as “you”) confidential and secure, in addition to any obligations that may be imposed by the Gramm-Leach-Bliley Act, a 1999 US federal financial law (hereinafter referred to as “the GLB Act”). In the course of providing legal services to you, Miller Proctor Law may collect various types of personal information directly from you and, with your authorization, from third parties such as accountants, financial advisors, insurance agents, banking institutions, and other advisors. We also may collect personal information of companies and individuals who are former clients, or who have not been our clients. Examples of personal information are name, physical and e-mail address, account balance information, personal balance sheet and income information, and other nonpublic information that you provide to us in order to obtain a financial product or service, such as tax preparation service, from us. Nonpublic information can include the fact that an individual is or has been a client.
Miller Proctor Law PLLC does not sell or otherwise share personal information with marketers offering their products and services. Accordingly, you do not need to take any action to prevent disclosure. Miller Proctor Law PLLC does not disclose any nonpublic personal information about clients, prospective clients, or former clients except as required or permitted by law. Under US federal law, we are permitted to disclose nonpublic personal information under certain circumstances such as: (a) when you consent; (b) when disclosure is necessary to carry out a transaction that you have requested; (c) in connection with a fraud investigation; or (d) to comply with a properly authorized subpoena or similar legal process. Even if federal law permits us to disclose your nonpublic personal information, we will not disclose such information unless we are permitted to do so under the Rules of Professional Conduct of the District of Columbia or other applicable jurisdiction.
Attorneys, unlike many others who handle your personal information, are subject to Rules of Professional Conduct, often referred to as “ethical rules.” These ethical rules limit an attorney’s disclosures of information obtained in the course of representing clients in ways that are much more restrictive than the federal statute. The GLB Act may permit disclosures in circumstances in which disclosure would be prohibited, absent your consent, by such ethical rules. As attorneys, we are bound by such ethical rules, without regard to the GLB Act, and we will not disclose nonpublic information about you that the federal statute would permit us to disclose if such disclosure would violate such ethical rules. Thus, even in cases where the GLB Act would permit disclosure of your nonpublic personal information, we follow the stricter nondisclosure rules that are applicable to us under the ethical rules applicable to us as attorneys.
Miller Proctor Law PLLC values your trust and handles information about you with care. It is our policy to restrict access to personal information about you. To protect your personal information, Miller Proctor Law PLLC maintains physical, electronic, and procedural safeguards to avoid unauthorized disclosure.
With your consent, we may also use your personal information to provide you information about legal developments and to conduct other marketing activities. These activities may involve e-mails, other online content, and physical meetings.
1. Site Description
The Site is proprietary to Miller Proctor Law PLLC and is protected by intellectual property laws and international intellectual property treaties. Your access to the Site is licensed and not made available unconditionally to You. Subject to the terms and limitations set forth in this Agreement, Miller Proctor Law PLLC agrees to provide You with a personal, non-transferable and non-exclusive right to access, view and use the Site.
2. AccessibilityYou agree that from time to time the Site may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Miller Proctor Law PLLC may undertake from time to time; or (iii) causes beyond the control of Miller Proctor Law PLLC, whether or not foreseeable.
3. EquipmentYou shall be solely responsible for providing, maintaining and ensuring compatibility with the Site, all hardware, software, electrical and other physical requirements for your use of the Site, including, without limitation, telecommunications and Internet access connections and links, web browsers or other equipment, programs and services required to access and use the Site.
- Security. You shall be solely responsible for the security, confidentiality, integrity, and use of all messages and/or the content that You transmit to the Site.
- Privacy. When reasonably practicable, Miller Proctor Law PLLC will attempt to respect your privacy. Miller Proctor Law PLLC will not monitor, edit, or disclose any personal information about You, including your use of the Site, without your prior consent unless Miller Proctor Law PLLC has a good faith belief that such action is necessary to: (i) comply with legal process or other legal requirements of any governmental authority; (ii) protect and defend the rights or property of Miller Proctor Law PLLC; (iii) enforce this Agreement; (iv) protect the interests of users of the Site other than You or any other person; or (v) operate or conduct maintenance and repair of Miller Proctor Law PLLC’s services or equipment, including the Site as authorized by law. You have no expectation of privacy with respect to the Internet generally or this Site in particular.c. Nature of Site Content. Miller Proctor Law PLLC makes information available on this Site as a service to our clients and other friends for informational purposes only. The materials on this Site are not intended to constitute advertising, solicitation or legal advice, and transmission of the information from this Site is not intended to, nor does it, create an attorney-client relationship between Miller Proctor Law PLLC and You or anyone else. This Site is not intended to be used as a substitute for specific legal advice, nor should You consider it as such. You should not act (or refrain from acting) based upon information in this Site without obtaining professional advice regarding your particular facts and circumstances.
- Creation of an Attorney-Client Relationship. Simply contacting Miller Proctor Law PLLC by email or otherwise will not establish an attorney-client relationship between You and Miller Proctor Law PLLC unless and until a partner in Miller Proctor Law PLLC expressly and explicitly agrees IN WRITING that the firm will undertake an attorney-client relationship with You. As a result, You should not transmit any confidential or sensitive information to us until a formal attorney-client relationship has been established. MILLER PROCTOR LAW PLLC DOES NOT UNDERTAKE TO REPRESENT ANY PERSON OR ENTITY WITHOUT OBTAINING ALL NECESSARY INFORMATION CONCERNING POTENTIAL CONFLICTS OF INTEREST AND EVALUATING THAT INFORMATION, AND UNTIL SUCH A CONFLICTS CHECK IS COMPLETED AND EVALUATED, MILLER PROCTOR LAW PLLC WILL NOT UNDERTAKE AN ATTORNEY CLIENT RELATIONSHIP WITH A PERSON OR ENTITY, AND EVEN IF SUCH A CONFLICTS CHECK REVEALS NO CONFlICTS UNDER APPLICABLE ETHICS RULES, MILLER PROCTOR LAW PLLC MAY, IN ITS DISCRETION, DECLINE TO ACCEPT AN ATTORNEY-CLIENT RELATIONSHIP WITH ANY PERSON OR ENTITY.
- Confidentiality of Information Transmitted to Miller Proctor Law PLLC. You also should be aware that if You send messages to Miller Proctor Law PLLC through Internet electronic mail or through the Miller Proctor Law PLLC home page, such means are not secure, and Miller Proctor Law PLLC does not guarantee the confidentiality of such communications. Miller Proctor Law PLLC does not agree to accept and/or maintain the secrecy of any unsolicited information You send to Miller Proctor Law PLLC except if an attorney-client relationship currently exists between us. No attorney-client relationship is created unilaterally by your sending to Miller Proctor Law PLLC any information whether or not You consider such information to be confidential. Although Miller Proctor Law PLLC makes reasonable effort to read emails that we receive, Miller Proctor Law PLLC reserves the rights not to read or respond to any unsolicited communications.f. Attorney Advertising. The contents of this Site may constitute advertising under the applicable laws, regulations and ethical rules (the “Bar Rules”) of some jurisdictions. If this Site fails to comply with the Bar Rules of the state in which You are viewing this Site, Miller Proctor Law PLLC does not wish to represent You. Unless otherwise noted, Miller Proctor Law PLLC attorneys are NOT certified by the Boards of Legal Specialization of any State.g. Changes. Miller Proctor Law PLLC reserves the right to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time in our sole and absolute discretion. Changes in this Agreement will be posted on this Site. Your continued use of this Site after any changes are made, shall be deemed your acceptance of the changes.
The Site is protected by copyright pursuant to US copyright laws, international conventions and other copyright laws. The contents of the Site are only for your personal, informational and noncommercial use. All materials contained on the Site are protected by copyright and are owned or controlled by us or the party credited as the provider of the content. You agree to abide by any and all additional copyright notices, information, or restrictions contained in any part of the Site.
6. Prohibited Uses
You are solely responsible for any and all of your acts and omissions that occur when using the Site, and You agree not to engage in unacceptable use of the Site, which includes, without limitation, use of the Site to: (a) transmit unsolicited messages, chain letters or unsolicited commercial email; (b) transmit material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (c) transmit files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person; (d) transmit viruses, trojan horses or any other malicious code or program; (e) engage in systematic retrieval of data or other content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Miller Proctor Law PLLC by use of scrapers or other tools; or (f) engage in any other activity deemed by Miller Proctor Law PLLC to be in conflict with the spirit or intent of this Agreement.
This Agreement is effective upon your access or use of the Site and shall continue in full force until terminated. Miller Proctor Law PLLC reserves the right, in its sole discretion and without notice, at any time and for any reason, to: (a) remove or disable access to all or any portion of the Site; (b) suspend your access to or use of all or any portion of the Site; and (c) terminate this Agreement.
MILLER PROCTOR LAW PLLC DOES NOT REPRESENT, WARRANT OR GUARANTEE THAT THE MATERIALS ARE COMPLETE, ACCURATE OR UP-TO-DATE. NOR IS MILLER PROCTOR LAW PLLC RESPONSIBLE FOR ANY THIRD PARTY CONTENT THAT MAY BE ACCESSED THROUGH THIS SITE, AND REFERENCE TO THIRD PARTY INFORMATION, PRODUCTS OR SERVICES AT THIS OR ANY LINKED SITE DOES NOT CONSTITUTE AN EXPRESS OR IMPLIED WARRANTY OR ENDORSEMENT BY MILLER PROCTOR LAW PLLC. WHEN YOU LINK TO ANOTHER SITE FROM THIS SITE, YOU LEAVE THIS SITE AND SERVER CONTROLLED BY MILLER PROCTOR LAW PLLC AND ENTER INTO THE JURISDICTION OF THE LINKED SITE UNDER THE CONTROL OF A THIRD PARTY FOR WHICH MILLER PROCTOR LAW PLLC HAS NEITHER RESPONSIBILITY NOR CONTROL.
9. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL MILLER PROCTOR LAW PLLC BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THE SITE, ANY LINKED SITE OR THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE SITE, ANY CHANGES TO OR INACCESSIBILITY OF THE SITE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SITE OR ANY LINKED SITE, OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SITE OR ANY LINKED SITE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE EVEN IF MILLER PROCTOR LAW PLLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THAT ANY EXCLUSIVE REMEDY SHALL FAIL OF ITS ESSENTIAL PURPOSE OR OTHERWISE BE UNAVAILABLE. IN NO EVENT SHALL MILLER PROCTOR LAW PLLC’s TOTAL LIABILITY TO YOU FOR ANY DIRECT DAMAGES WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE EXCEED THE TOTAL AGGREGATE AMOUNT OF $5.00. SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE FOR YOU TO DISCONTINUE USE OF THE SITE.
You agree to indemnify, hold harmless and defend Miller Proctor Law PLLC, its partners, directors, officers, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorneys’ fees, asserted by any person, arising out of or relating to: (a) your use of the Site, including any data or work transmitted or received by You; and (b) any unacceptable use of the Site, including, without limitation, any statement, data or content made, transmitted or republished by You which is prohibited as unacceptable at Section 4.
11. Digital Millennium Copyright Act
You agree not to upload or transmit any communications or content of any type that infringes or violates any rights of any party. It is our policy not to permit materials known by us to be infringing to remain on the Site. Miller Proctor Law PLLC has made every effort to secure appropriate clearances for all proprietary intellectual properties used on this Site. If you believe any material in this Site is infringing, please contact us immediately. Pursuant to the Digital Millennium Copyright Act, DMCA, we have registered an agent to receive copyright claims (“Designated Agent”).
- a. Independent Contractors. The parties and their respective personnel, are and shall be independent contractors and neither party by virtue of this Agreement shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party.
- b. Waiver. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
- c. Severability. If any provision of this Agreement is determined to be illegal or unenforceable, then such provision will be enforced to the maximum extent possible and the other provisions will remain fully effective and enforceable.
- d. Notice. All notices shall be in writing and shall be deemed to be delivered when sent by e-mail to either parties’ last known e-mail address. You hereby consent to notice by email.
- f. Law. This Agreement is made in and shall be governed by the laws of the State of New York without reference without reference either to its choice of law provisions or its Arbitration statute or other dispute resolution provisions, and the US Arbitration Act, 9 U.S.C. “” 1 et seq.
- g. Binding Arbitration. Any and all disputes between both parties arising out of or otherwise relating to this Agreement and its implementation will be settled solely and exclusively by arbitration in Washington, DC, United States of America, pursuant to the J.A.M.S/ENDISPUTE’s Streamlined Arbitration Rules and Procedures then in effect. Any decision rendered shall be final and conclusive upon both parties and a judgment thereon may be enforced in any court having jurisdiction. All costs incurred in arbitrating a dispute shall be shared in proportion to the parties’ respective amounts of liability. Notwithstanding the foregoing, Miller Proctor Law PLLC shall have the right to institute an action in any court or tribunal in the event you infringe Miller Proctor Law PLLC’s proprietary rights or breach your restricted use obligations.
- h. Forum. All actions, claims or disputes arising under or relating to this Agreement shall be brought in the federal or state courts in the State of Arizona, Maricopa County. The parties irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over each of the parties by the federal and/or state courts in the State of Arizona, Maricopa County. The parties hereby irrevocably waive any and all objections which any party may now or hereafter have to the exercise of personal and subject matter jurisdiction by the federal or state courts in the State of Arizona, Maricopa County, and to the laying of venue of any such suit, action or proceeding brought in any such federal or state court in Arizona.
- i. Process. The parties irrevocably submit and consent, and irrevocably waive any and all objections which any party may now or hereafter have, to process being served in any such suit, action or proceeding referred to in the preceding subsection pursuant to the rules of the applicable court, including, without limitation, service by certified or registered mail, return receipt requested. No provision of this section shall affect the right of any party to serve process in any manner permitted by law or limit the right of any party to bring suits, actions or proceedings to enforce in any lawful manner a judgment issued by the state or federal courts of Arizona.
- j. Attorney’s Fees. If any action in law or in equity is necessary to enforce the terms of this Agreement, the prevailing party will be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled.
- k. Headings.The captions and headings of this Agreement are included for ease of reference only and will be disregarded in interpreting or construing this Agreement.
- l. Force Majeure. If the performance of any part of this Agreement by either party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes.
- m. Survival. The terms and provisions of Sections 4, 5, 6, 7, 8, 9, 10 and 11 shall survive any termination or expiration of this Agreement.
- n. Entire Agreement. This Agreement constitutes the complete and exclusive statement of the agreement between the parties with respect to the Site and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Site.
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