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This website is owned and operated by LAW OFFICE OF D.L. DRAIN, P.A. (“our office”). By visiting and using the features of this website, you agree to be bound by all of the terms and conditions set forth herein, collectively referred to as “Policy.”

Our office may change any content in this Policy at its discretion by updating this page. It is recommended that you visit this page regularly to review any changes. If you do not agree to all of the terms in the Policy, you must leave the website immediately.

This Policy outlines how the our office uses, collects and protects information that you give us when you use this website. Any information you provide on this website to our office will be used in accordance with this Policy and may be shared across any website operated by our office.

Our office is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website; you can be assured that it will only be used in accordance with this Policy.

Warranty and Disclaimer

THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THIS WEBSITE OR ANY THIRD PARTY SITES OR SERVICES LINKED TO OR FROM THIS WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR WEBSITE OR THE SERVER THAT MAKES SUCH CONTENT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN SUCH EVENT, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE.

Website content is not intended to, and does not, constitute legal or professional advice or diagnosis, and may not be used for such purposes. You should not act or refrain from acting on the basis of any content included in, or accessible through, our website without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue, from a lawyer or professional licensed in your state, country or other appropriate licensing jurisdiction.

Information & Content on this Website

Your use of this site is an acknowledgement that all content, graphics, images, videos, audio, and other material that is subject to copyright or trademark protection (“Intellectual Property”) is owned by or licensed to our office. Except as permitted below, any duplication in whole or in part of any Intellectual Property on this website requires written permission from our office.

Permitted uses of Intellectual Property.

First, you must understand that laws, rules, policies and personal opinions change regularly.  Therefore, you should never assume statements made in this site are more than the personal opinion of the this office, or the author of the article.  If you agree to this limitation then you may download, copy, save or print Intellectual Property provided such action is for personal, non-commercial use and that such action does not alter in whole or in part the original content as it was on the website.

Site users are encouraged to “Share” pages and content on this website across various social media outlets so long as you do not alter in whole or in part any of the shared content or claim any such content to be that of your own.

Collection of Information

Personally Identifiable Information

Throughout our website, you may voluntarily submit information that personally identifies you (“Personally Identifiable Information”). In general, you can visit our website without telling us who you are. This office only collects Personally Identifiable Information about you if you choose to share it with us. For example, you may subscribe to one of our blogs by providing your email address, or you may submit Personally Identifiable Information for a review of certain financial issues by way of filling out a form on our website. You may also choose to provide Personally Identifiable Information by contacting this office directly via email. Personally Identifiable Information may include, but is not limited to, your name, email address, physical address, and phone number.

Anonymous Usage Data

Like many other websites, ours may collect anonymous usage data (“Non-Personally Identifiable Information”) about your activity at this website.

Use of Information

This office uses Non-Personally Identifiable Information to manage this website. We may analyze aggregated anonymous information on the pages visited by our users to make our website more accessible and useful.  If you choose to submit Personally Identifiable Information through the website, we will use the information for the purpose you requested. For example, if you submit your email address to subscribe to our blogs, we will use that information to send you the blog. We may keep your information and use it to provide you with additional information in the future that we deem to be of interest to you.  If you do not wish this office to use your information in this manner, then do not submit any Personally Identifiable Information to us. In addition, this office may disclose Personally Identifiable Information about you if this office believes in good faith that the law requires it (such as a subpoena, court order or a law enforcement request), or if we reasonably believe it is necessary to protect our legal interests.

Links to Other Websites

For your convenience, our website contains links to other websites (including, but not limited to, several social media sites) whose information and privacy practices are probably different than ours. If you choose to use these links, you will leave our website, and will then be subject to the privacy and information practices of those websites. We do not control and are not responsible for any of their content or their privacy policies, if any. We do not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you choose to access any of the other websites listed on our website, you should understand that you do so at your own risk.

“Do Not Track” Disclosures

This office does not track your on-line activity across other websites, nor do we knowingly permit any third-parties to conduct online tracking of you while you are visiting our website. Consequently, we do not respond to your browser’s Do Not Track signal.

Security

This office employs commercially reasonable security measures to reduce the risk of unauthorized access to your Personally Identifiable Information. However, we cannot and do not guarantee that these measures will be sufficient to protect against all efforts to gain unauthorized access to that information.

You may choose to have us remove or alter any information we have on file about you, even if you previously opted in to provide us with that information. To do so, please send an email to [email protected].

Copyright Infringement

If you believe in good faith that information or materials on the website infringe on your copyright, you or your agent may send us a notice, in accordance with the requirements set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”) or such applicable law, requesting that we remove or block access to the claimed infringing material. If you believe in good faith that someone has wrongfully filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA, or such applicable law. See http://www.loc.gov/copyright. Notices and counter-notices should be sent to the address above.

Limitation of liability

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM (A) THE USE OF OR THE INABILITY TO USE OUR WEBSITE OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF OUR WEBSITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Jurisdiction and venue

Application of United States Laws:

Our website is based on computers located in the United States. Your Personally Identifiable Information will be used and stored in the United States, where data protection and privacy regulations may differ from the level of protection as in other parts of the world, such as in Mexico, Canada and the European Union.

You agree that any action at law or in equity arising out of or relating to these terms of use or our website shall be filed, and that venue properly lies, only in state courts located in ARIZONA and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. We make no representation that the content on our website is appropriate or available for use in any particular location. Those who choose to access our website do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.

Consent and Revisions

This office may amend this Privacy Policy at any time without specific notice to you. You can determine if this Privacy Policy has been revised since your last visit by referring to the “Effective Date” at the top of this page. Your use of our website constitutes your acceptance of the terms of the Privacy Policy as amended or revised by us, and you should review this Privacy Policy each time upon visiting the website to stay informed of its terms.

General provisions

These terms of use shall be governed by and construed in accordance with the laws of the State of Arizona and the laws of the United States, without giving effect to any principles of conflicts of law. If any provision of these terms of use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these terms of use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms of use shall not constitute a waiver of such right or provision.