{"id":460,"date":"2020-04-27T05:34:22","date_gmt":"2020-04-27T05:34:22","guid":{"rendered":"https:\/\/kennedyattorney.com\/?page_id=460"},"modified":"2020-12-03T04:56:41","modified_gmt":"2020-12-03T04:56:41","slug":"privacy-policy","status":"publish","type":"page","link":"https:\/\/kennedyattorney.com\/privacy-policy\/","title":{"rendered":"Privacy Policy"},"content":{"rendered":"
Last updated May 6, 2020 General Principles<\/strong><\/p>\n The\u00a0ToS\u00a0constitute 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.<\/p>\n 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 Texas, without regard to its conflict of law provisions. You and the Practice\u00a0agree to submit to the personal and exclusive jurisdiction of the courts located within the Texas, and to waive any objection to the laying of venue there. 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\u00a0ToS\u00a0must be filed within one (1) year after such claim or cause of action arose or be forever barred.<\/p>\n B. You agree to the Terms of Use<\/strong><\/p>\n C. As-Is\/As Available<\/strong><\/p>\n 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.<\/p>\n D. What you can’t do:<\/strong><\/p>\n You agree not to use the Website (as well as the e-mail addresses and\u00a0URLs of\u00a0our Practices):<\/p>\n E. Data and Content Processing<\/strong><\/p>\n 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 \u201cPersonal Data\u201d. 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. B. This TOS, including the Privacy Policy, applies only to our Practice<\/strong> 2. The IP address of our Practice\u2019s 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. C. Threatening the technical integrity of the Website<\/strong> Send the notice, in English, to the below address: Last updated May 6, 2020 Introduction By using and\/or visiting www.kennedyattorney.com\/ or any Content, Websites or Information uploaded\/controlled by the Kennedy Law Firm LLP the \u201cPractice\u201d) including but not limited to submitting, accessing and\/or viewing any and all content available through and\/or at the site located at www.kennedyattorney.com and any of our subdomains thereof, and<\/p>\n
\nIntroduction<\/strong><\/p>\n\n
\nOur Practice’s failure to enforce any part of the\u00a0ToS\u00a0will not waive the\u00a0Practice’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\u00a0ToS, even with regard to the same user.
\nIf any provision of the\u00a0ToS\u00a0is 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\u00a0ToS\u00a0remain in full force and effect.<\/p>\n\n
\nSubject 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.<\/li>\n<\/ol>\n\n
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\nBy 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.<\/p>\n
\nThis Privacy Policy covers our Practice\u2019s 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.
\nC. About possible changes:<\/strong>
\nIf these Terms of Use and\/or this Privacy Policy change at any point in the future, we will post the policy changes to the\u00a0Website. 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.
\nD. Our Practice adherence to the TOS:<\/strong>
\nIf you feel that this Practice is not following its stated information policy, please contact our Practice Personnel at kennedyattorney.com\/contact-us\/<\/a>.
\nE. What we will do:<\/strong><\/p>\n\n
\na. 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;
\nb. 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. 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.
\nYou 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.
\nIf 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 (\u201cPayment Information\u201d) 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.<\/li>\n
\n3. 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.
\n4. 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.
\nF. What we will not do:<\/strong>
\n1. We will not sell, trade, or rent your Personal Data. As for law enforcement agencies 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.<\/p>\n
\nConduct 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.
\nD. EU Residents<\/strong>
\nIf 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.
\nE. DMCA POLICY
\nIf 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.
\nThe report must be submitted via email to galvin@kennedyattorney.com 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.
\nTo 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:
\nInclude 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”).<\/p>\n\n
\nSubject: our Practice Copyright Infringement Notification
\nEmail: galvin@kennedyattorney.com
\nOur DMCA Agent is Galvin Kennedy at Kennedy Law Firm, LLP, 2925 Richmond Ave., Ste. 1200, Houston, Texas 77098.
\nPlease 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.
\nBefore 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\u2019 copyright law does not give one person ownership of an idea, but ownership of the specific words or image used to express that idea.
\nII. Content Age Policy<\/strong>
\nThis 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.
\nIn 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.
\nAsking 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.
\nWe as an organization have opted to protect teen users\u2019 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 (\u201cAge-Barred Individuals\u201d). Age-Barred Individuals may not maintain accounts or submit Content.<\/p>\n","protected":false},"excerpt":{"rendered":"