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Privacy Policy

Terms

By accessing and using this website, web page, client portal, or mobile application, including but not limited to any content, functionality and services offered on or through this website, web page, client portal, or mobile application, or our e-mails, texts, posts and other electronic messages (collectively, our “Site”), you are agreeing to be bound by these Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this Site.

 

Our Site and all of the contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by us, our licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, as applicable. We reserve the right to withdraw or amend our Site, and any service or material we provide on our Site, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of our Site is unavailable at any time or for any period.

 

Use License

Your permission to use and access this Site is the grant of a limited license, not a transfer of title, and your limited license to use or access our Site shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time for any reason or no reason.

 

When using or accessing our Site, you may not:

modify or copy any material or Services;

use the material or Services for any commercial purpose, or for any public display (commercial or non-commercial);

attempt to decompile or reverse engineer any software contained on the Site or that supports the Site or any Services;

engage in any data mining, data harvesting, data extracting or any other similar activity in relation to this Site, or while using this Site;

remove any copyright or other proprietary notations from the material; or

transfer the materials to another person or entity or “mirror” the material on any other server.

Posting Content. In these Terms and Conditions of Use, your “Content” shall mean any audio, video, text, images or other material, including comments or feedback, you choose to post on or submit to us via this Website. With respect to your Content, by posting it in a way that is visible to the public, you grant us a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it on our Site and in any and all media. Your Content must be your own and must not be infringing on any third party’s rights or violate any of the restrictions in the subsection below. We reserve the right to remove any of your Content from our Site at any time, and for any reason, without notice.

Without limiting the foregoing, you agree not to use, or permit to be used, any messaging capabilities or any Services on our Site that permit text entry or the uploading or posting of audio, video or images to post, transmit or disseminate any:

unsolicited material to persons or entities that have not agreed to receive such material or to whom you do not otherwise have a legal right to send such material;

material that infringes or violates any third party’s intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless service provider or any of its customers or subscribers attempt to decompile or reverse engineer any software contained on the Site or that supports the Site or any Services;

material or data that is illegal, or material or data that is harassing, coercive, libelous, defamatory, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm the reputation of us and/or our third- party service providers; material or data that is related to illegal drugs (e.g., marijuana, cocaine) or to pharmaceuticals, material that contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information or contains any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to our equipment or facilities and/or those of any third party; or material or information that is false or misleading, or likely to mislead or deceive.

Your permission to use and access this Site is the grant of a limited license, not a transfer of title, and your limited license to use or access our Site shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time for any reason or no reason.

Disclaimer

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or our Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO OR FROM IT. THE MATERIALS ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON SITE OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITE LINKED TO THE SITE.

 

Limitation of Liability

IN NO EVENT WILL WE, OUR AFFILIATES OR OUR OR THEIR LICENSORS, SERVICE PROVIDERS, AGENTS, EMPLOYEES, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR SITE, ANY WEBSITES LINKED TO OR FROM IT, ANY CONTENT ON OUR SITE OR ON SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Indemnification

You agree to defend, indemnify and hold harmless us, our affiliates, licensors and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions of Use and your use of our Site, including, but not limited to, any use of our Site’s content, services and products other than as expressly authorized in these Terms and Conditions of Use or your use of any information obtained from our Site.

 

Revisions and Errata

The materials appearing on our Site could include technical, typographical, or photographic errors. We do not warrant that any of the materials on the Site are accurate, complete, or current. We may make changes to the materials contained on the Site at any time without notice. We do not, however, make any commitment to update the materials.

 

Links

We have not reviewed all of the third-party websites linked to by the Site and are not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by us of the third-party website. Navigation to and use of any such linked website is at the user’s own risk.

 

Site Terms of Use Modifications

We may revise these Terms and Conditions of Use for the Site at any time without notice. By accessing or using the Site, you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

 

Governing Law

Any claim relating to the Site shall be governed by the laws of the State in which we are headquartered without regard to its conflict of law provisions.

 

Entire Agreement

These Terms and Conditions of Use, our Privacy Policy and any other document we deem relevant constitute the sole and entire agreement between you and us with respect to our Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to our Site

Our Mobile Messaging Service is provided by RingCentral and is subject to the following terms and conditions.

Austill Lewis Pipkin & Maddox, P.C. utilizes RingCentral for SMS/MMS messaging services. We are committed to delivering high-quality services while preventing spam, phishing, and fraudulent messages. In alignment with RingCentral's Terms of Service, Acceptable Use Policy, and carrier-specific codes of conduct, we adhere to the following practices:

Opt-In/User Consent for SMS/MMS Messaging

  • Express Consent Required: Before sending any SMS/MMS message, we must obtain your express consent. Implied consent is insufficient except in direct response to a received message. Consent must be actively given for each campaign or message type, with marketing or promotional messages requiring prior written consent.

 

  • Obtaining Consent: Consent can be given through a web form on our website, where it is clearly indicated that by submitting the form, you are opting into SMS/MMS messages from us. Alternatively, you can provide consent by sending a direct message to our specified number found on our Contact page.

 

  • Double Opt-In: We highly recommend and utilize a double opt-in process to confirm your consent via SMS, thereby validating your phone number.

Opt-Out and Managing Preferences

  • Easy Opt-Out: You can opt out of receiving SMS/MMS messages at any time by replying with "STOP" or "UNSUBSCRIBE" to any message you receive from us. Instructions for opting out will be included in every message.

  • Opt-Out Management: We track and manage opt-out requests diligently to ensure that those who opt out do not receive further communications.

Messaging Policies and Restrictions

  • Message Limits: We adhere to RingCentral's guidelines of sending no more than 50 messages per originating number per minute. For higher volume needs, we engage RingCentral's High Volume SMS solution.

  • Prohibited Campaigns and Content: We strictly avoid sending messages related to prohibited campaigns such as loan advertisements, credit repair offers, work from home advertisements, and others outlined by RingCentral and carrier policies.

  • Content Monitoring: Our messages do not engage in or promote illegal activities, adult content, violence, hate speech, or include misleading links.

Automated Messaging

  • Compliance for Automated Messages: Automated SMS/MMS messaging is conducted only through numbers linked to a TCR campaign designed for such messages. We ensure express, logged consent for automated and promotional messages, including clear opt-out instructions in each message.

 

Carrier Fees and Restrictions

  • Responsibility and Compliance: We are responsible for adhering to all policies, regulations, and laws related to SMS/MMS messaging. Failure to comply may result in reduced message deliverability, service suspension, or termination, in addition to potential fines and penalties.

 

Data Privacy and Security

  • Commitment to Privacy: Your phone number and the content of your messages are protected and used solely for the purpose of sending you the agreed-upon messages. Our practices are in full compliance with our Privacy Policy, ensuring the security and privacy of your data.

 

Children's Privacy

Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.

 

If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information.

 

Links to Other Websites

 

Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit.

 

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

 

Changes to this Privacy Policy

We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.

 

We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the "Last updated" date at the top of this Privacy Policy.

 

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

 

Contact Us

If you have any questions about this Privacy Policy, You can contact us:

 

By email: info@maplaw.com

 

By phone number: +1 (205) 870-3767

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