Last Revised: June 15, 2018
These Notices and Terms create a legal agreement between you (“You” and where appropriate, “Your”) and Weiss Brown, PLLC (“Weiss Brown” and where appropriate, “Us” “Our” “it” or “its”) that governs: (1) the information of Weiss Brown made available through this website (the “Information”); (2) the nature of the relationship between You and Weiss Brown; (3) certain matters of professional responsibility; (4) Weiss Brown’s use of Your information it gathers through this website; and (5) Your use of this website, related components and features of this website, and the Information (collectively, the “Site”). By accessing any portion of the Site, You are indicating that You have read and understood, and that You agree to be bound by, these Notices and Terms, which may be amended from time to time by Weiss Brown pursuant to the terms herein. If You do not agree to these Notices and Terms, You are not permitted to access the Site.
1. NO LEGAL ADVICE
The Information is made available for general informational purposes only and is not intended to constitute specific legal advice or to be a substitute for advice from qualified counsel. Without limiting the foregoing, the Information may not reflect recent developments in the law, may not be complete, and may not be accurate in or applicable to Your jurisdiction. Because the Information is general in nature and may not pertain to Your specific circumstances, You should not act or refrain from acting based on any Information without first obtaining advice from professional counsel qualified in the applicable subject matter and jurisdictions.
2. NO ATTORNEY-CLIENT RELATIONSHIP
Weiss Brown has a policy of entering into attorney-client relationships with its clients only in accordance with certain procedures which include executing an engagement letter and addressing professional responsibility conflicts as required by the Arizona State Bar Association. You agree that Your access of the Site or receipt of the Information, or Your transmission of electronic mail to addresses on the Site, does not create an attorney-client relationship between You and Weiss Brown.
3. CERTAIN MATTERS OF PROFESSIONAL RESPONSIBILITY
3.1. No Advertising or Solicitation. The Site is not intended to be an advertisement or solicitation.
3.2. Sensitive Communications. You agree that electronic mail sent by You to Weiss Brown will not be treated as confidential or invoke an attorney-client privilege; provided, however, that if You are an existing client of Weiss Brown and You send an electronic mail to Weiss Brown pertaining to a matter in which Weiss Brown then represents You, such electronic mail may be entitled to be treated as confidential or privileged. Notwithstanding the foregoing, You acknowledge that electronic mail and the Internet are generally insecure media of communication, and Weiss Brown cannot guarantee the confidentiality of any electronic mail sent to or received by it or any information submitted by You to Weiss Brown through the Site.
3.3. Authorized Jurisdictions; Certifications. Each Weiss Brown attorney is licensed to practice only in those jurisdictions set forth in that attorney’s biography on the Site. Except as specifically stated, each Weiss Brown attorney is not certified (including as a specialist) by any professional or government authority.
3.4. Principal Office; Responsible Attorney. To the extent the requirements of the Arizona State Bar Association requires such designation, Weiss Brown’s principal office is in Scottsdale, Arizona, and Weiss Brown’s responsible attorney for the Site is Scott K. Weiss.
3.5. No Warranty of Results. The Information may contain descriptions of matters in which Weiss Brown successfully represented its clients. The results of these matters were dependent on their specific circumstances and are in no way intended to be predictive of future results, even in similar circumstances, or offer any type of guarantee or assurance of outcome. Information pertaining to Weiss Brown clients may not reflect the opinions of such clients.
4.2. Activity Logging. When You use the Site, which may be hosted in part or its entirety by a third party, the Site will collect and track certain information based upon your behavior on the Site (through, for example, the use of “cookies” or Your “IP address”) about Your activities. “Cookies” are small pieces of information stored not stored on the Site. You are always free to decline cookies if Your browser permits, but in that case, some portions of the Site may not operate properly. An “IP address” is a number that is automatically assigned to Your computer when You use the Internet.
Weiss Brown uses this activity information (the “Activity Information”) for internal purposes such as to administer the Site, improve the Site, and help Weiss Brown understand how the Site is being used including internal research on our users’ demographics, interests, and behavior to better understand our customers. This information may include, but may not be limited to, the URL that you just came from, which URL you go to next, your computer browser information, and your IP address.
4.3. Personally Identifiable Information. The Site is designed so that You may generally browse it without providing any Personally Identifiable Information (defined below). Certain areas of the Site, however, may require or allow the voluntary submission of Personally Identifiable Information (for example, commenting on the Weiss Brown blog or completing a contact form). Weiss Brown uses Your Personally Identifiable Information for the purposes for which it was submitted by You to Weiss Brown and for Weiss Brown to send you publications and invitations that may be of interest to you. Except as otherwise set forth in this Section 4, Weiss Brown does not share Your Personally Identifiable Information with third parties. “Personally Identifiable Information” means information that would allow someone to identify or contact You, such as Your name, physical or electronic mail address, and telephone number; provided, however, that Personally Identifiable Information does not include aggregated information that, by itself, does not permit the identification of individual persons and does not include the Activity Information. If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on the Site, we may collect and retain such information in a file specific to you.
4.4. Additional Disclosure of Personally Identifiable Information. Weiss Brown may share Personally Identifiable Information with third parties, including affiliated firms and third parties performing services for or on behalf of Weiss Brown. Such services may include communications, database, event management, hosting, mailing, and marketing services. Additionally, Weiss Brown cannot fully ensure that Your Personally Identifiable Information will not be disclosed to third parties. For example, Weiss Brown may be legally obligated to disclose information to the government or third parties under certain circumstances, third parties may circumvent Weiss Brown’s security measures to unlawfully intercept or access transmissions or private communications, or an error may occur in the administration of the Site. In the unlikely event that Weiss Brown needs to investigate or resolve possible problems or inquiries, Weiss Brown may, and You authorize Weiss Brown to, disclose any information about You to government officials as permitted by applicable law.
4.5. Choices About How We Use and Disclose Your Information. We strive to provide you with choices regarding the Personally Identifiable Information you provide to us. We have created mechanisms to provide you with the following control over your information:
- Disclosure of Your Information for Third-Party Advertising. If you do not want us to share your Personally Identifiable Information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by using the opt-out method. You can also always opt-out by sending us an email stating your request to Info@WeissBrown.com.
- Promotional Offers from the Company. If you do not wish to have your email address/contact information used by us to promote our own or third parties’ products or services, you can opt-out by sending us an email stating your request to Info@WeissBrown.com. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt out does not apply to information provided to us as a result of a product purchase, warranty registration, product service experience, or other transactions.
- Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target-audience preferences, you can opt-out by contacting us at Info@WeissBrown.com. For this opt-out to function, you must have your browser set to accept browser cookies. We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the NAI on the its website at www.networkadvertising.org. Removal of Personally Identifiable Information. Weiss Brown will use commercially reasonable efforts to remove Your Personally Identifiable Information from our then current Site at any time upon Your written request to Info@WeissBrown.com. Such removal of Personally Identifiable Information will not ensure the permanent removal of such Personally Identifiable Information from the Site. For example, such Personally Identifiable Information may remain in Weiss Brown’s archival or backup copies of the Site.
- Delete Data: You may request that we delete your Personally Identifiable Information. Please note that we cannot delete your Personally Identifiable Information except by also deleting your user account.
- Change or Correct Data: You can also ask us to change, update, or fix your data in certain cases, particularly if it’s inaccurate. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
- Object to, or Limit or Restrict, Use of Data: You may request that we do not use your Personally Identifiable Information, but keep in mind that this will terminate our ability to provide any Service(s) to you.
- Right to Access and/or Take Your Data: You can ask us for a copy of your Personally Identifiable Information.
You may send us an email at Info@WeissBrown.com to request access to, obtain copies of, correct, or delete any Personally Identifiable Information that you have provided to us.
5.1. Prohibited Uses. You will not use the Site in violation of any applicable law. Without limiting the foregoing, You will not use the Site in connection with (a) the infringement of intellectual property rights including Weiss Brown’s rights in its marks and its articles and alerts; (b) the unauthorized transmission of unsolicited commercial electronic mail; (c) the transmission of defamatory materials; or (d) fraud. You will not violate, attempt to violate, or knowingly facilitate the violation of the security (including access control or authentication systems) or integrity of the Site.
5.2. Copyright in Information. The Site including the Information is protected by United States and international copyright laws. All rights are reserved. Subject to the terms of these Notices and Terms, Weiss Brown grants to You a limited, nonexclusive, personal license to access, view, download and print the Information solely for noncommercial and informational purposes. You may not modify the Information in any way and You may not remove or obscure any copyright or permission notices provided on or in connection with the Information. Weiss Brown does not grant to You any rights in its marks. You are free to hyperlink to any page in the publicly available pages of the Site; provided, however, that You agree to immediately remove any such hyperlink upon Weiss Brown’s written request.
5.3. Electronic Mail. Subject to Section 5.1, You may send electronic mail to those addresses made available on the Site for the purposes of requesting alerts or other news notification services, submitting voluntary survey responses, responding to or making inquiries regarding Weiss Brown events, requesting information regarding Weiss Brown or legal or other services offered by Weiss Brown, and inquiring about employment opportunities. You agree to cease sending electronic mail to any Weiss Brown address upon Weiss Brown’s request.
5.4. No Warranties. THE SITE IS PROVIDED TO YOU “AS IS.” YOUR ACCESS AND USE OF THE WEISS BROWN SITE IS AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY THE LAW AND RULES OF PROFESSIONAL RESPONSIBILITY IN THE APPLICABLE JURISDICTION, WEISS BROWN DISCLAIMS ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, QUIET ENJOYMENT, AND UNINTERRUPTED OR ERROR FREE OPERATION.
5.5. Disclaimer of Liability. TO THE EXTENT PERMITTED BY THE LAW AND RULES OF PROFESSIONAL RESPONSIBILITY IN THE APPLICABLE JURISDICTION, WEISS BROWN DISCLAIMS LIABILITY FOR ANY LOST PROFITS OR LOST INCOME, LOST BUSINESS, OR LOST DATA, OR FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES ARISING FROM OR RELATING TO THE WEISS BROWN SITE.
5.6. Third Party Information. Weiss Brown may hyperlink to or otherwise make third party information available on the Site. This is done solely for the purposes of convenience. Weiss Brown does not endorse or approve of any such third party information or such third parties.
5.7. Miscellaneous. You agree that any dispute arising out of or in connection with the Site or these Notices and Terms will be governed by the laws of the state of Arizona without reference to conflict of laws principles that would require the application of the laws of any other jurisdiction, and You submit to the exclusive jurisdiction and venue of the state and federal courts located in Maricopa County, Arizona. In the event that You gain access to information not intended to be accessed by You, You agree that You will immediately notify Weiss Brown and lawfully destroy all copies of such information in Your possession. Weiss Brown may be contacted at Info@WeissBrown.com.
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