Orchid Law

WEBSITE DISCLAIMER AND TERMS OF SERVICE

Disclaimer

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls and email. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

Definitions

For the purposes of these Terms of Service the words listed below have the following definitions regardless of whether they appear in the singular or plural:

  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
  • Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Orchid Law, PLLC.
  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • Website refers to the Orchid Law, PLLC website, accessible from www.ffllaw.com
  • Service refers to the Website.
  • Country refers to: United States
  • Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
  • Personal Data is any information that relates to an identified or identifiable individual.
    • For the purposes of the CCPA, Personal Data means any information that identifies, relates to, describes or is capable of being associated with, or could reasonably be linked, directly or indirectly, with You.
  • Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
  • Do Not Track (DNT) is a concept that has been promoted by US regulatory authorities, in particular the U.S. Federal Trade Commission (FTC), for the Internet industry to develop and implement a mechanism for allowing internet users to control the tracking of their online activities across websites.
  • Business, for the purpose of the CCPA (California Consumer Privacy Act), refers to the Company as the legal entity that collects Consumers’ personal information and determines the purposes and means of the processing of Consumers’ personal information, or on behalf of which such information is collected and that alone, or jointly with others, determines the purposes and means of the processing of consumers’ personal information, that does business in the State of California.
  • Consumer, for the purpose of the CCPA (California Consumer Privacy Act), means a natural person who is a California resident. A resident, as defined in the law, includes (1) every individual who is in the USA for other than a temporary or transitory purpose, and (2) every individual who is domiciled in the USA who is outside the USA for a temporary or transitory purpose.
  • Sale, for the purpose of the CCPA (California Consumer Privacy Act), means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a Consumer’s Personal information to another business or a third party for monetary or other valuable consideration.

Acceptance of Terms

Welcome to the Orchid Law, PLLC website (“Website”).  By accessing or using the Site You agree to be bound by the following terms and conditions concerning Your access to and use of the Site and the Content provided on or through the Site (“Terms of Service”) and our Privacy Policy.  Orchid Law may revise the Terms of Service and Privacy Policy at any time.  The revised Terms of Service and Privacy Policy will be effective when posted.  The most current version of the Terms of Service can be reviewed at any time by accessing the Site. 

No Relationship or Obligation Arises from Use of the Site

The law differs in every jurisdiction, and you should not rely on any opinion except that of an attorney you have retained, who has a professional duty to advise you after being fully informed of all the pertinent facts, and who is licensed in the applicable state, and is familiar with the applicable law. Internet subscribers and online readers should seek professional counsel about their legal rights and remedies. You should not act or refrain from acting on the basis of any information found this site. Any actions or decisions about your legal rights should be based on the particular facts and circumstances of your situation, and appropriate legal advice from a qualified attorney. Orchid Law expressly disclaims all liability with respect to actions taken or not taken based upon any information or other contents of this site. Viewing this site or communicating with Orchid Law by Internet e-mail or through this site does not constitute or create an attorney-client relationship with anyone. The content and features on this site do not create, and are not intended to create, an attorney-client relationship, and shall not be construed as legal advice. This content and features of this web site, including means to submit a question or information, do not constitute an offer to represent you.

Permitted Uses; Limited License

You are granted a limited, non-exclusive, revocable and non-transferable license to utilize and access the Website pursuant to these Terms of Service. We may change, suspend, or discontinue any aspect of the Website at any time. We may also, without notice or liability, impose limits on certain features and services or restrict or deny your access to all or portions of the Website.  Except as expressly provided in these Terms of Use, you shall have no right to directly or indirectly own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve, or create any new or derivative works from, or display, distribute, perform, or in any way exploit the Website, or any of its contents, in whole or in part. You are only authorized to visit, view, and retain a copy of pages of the Website for your own personal use. You agree that you shall not duplicate, download, publish, modify or otherwise distribute the material on the Website for any purpose other than for personal use, unless otherwise specifically authorized by us to do so. You also agree not to deep-link to the Website for any commercial purpose, unless specifically authorized by us to do so. You may not use this Site for any commercial purpose, such as to offer sales of merchandise or services, whether by advertising, solicitations, links, or any other form of communication, without prior written authorization by us.

Privacy Policy

As you navigate within the Site, Orchid Law may be collecting and tracking personal information, either by asking you to tell us something about yourself (such as your name, address or email address) or by using data-tracking software that tells us what parts of the Site you have browsed. Orchid Law may collect other information about you, such as your IP address, geographic information, the type of the web browser and operating system you use, and any other information that your web browsing software or Internet Service Provider automatically provides to our Site. We may also use “cookies” to keep track of visitors. If your web browser allows, you may disable the placement of cookies on your hard drive. Disabling the placement of cookies may prevent you from accessing or using portions of the Site. Except as provided below, the Site does not currently share or sell any other information. Except as provided herein, no personally identifiable information is collected beyond that which is identified in this section. You agree that we may aggregate any information which we collect or maintain, and that we may use such aggregated information for internal analysis or for marketing purposes. We may disclose aggregate information stripped of any information identifying individual users, de-identified data to third parties in connection with such analysis and/or marketing. By using the Site, you expressly agree to the collection and use of the limited information identified. We may disclose your information to: (1) comply with applicable laws; (2) respond to governmental inquiries; (3) comply with valid legal process; (4) protect our rights or property; or (5) facilitate your request for a free case evaluation.

By registering and using this Site, you acknowledge that the processing of your information for the purposes described above may involve the transfer of such information from within the United State of America (USA) to countries outside the USA whose data protection regulation may not be as stringent as that within the USA.

CCPA Privacy

Your Rights under the CCPA

Under this Privacy Policy, and by law if You are a resident of California, You have the following rights:

  • The right to notice. You must be properly notified which categories of Personal Data are being collected and the purposes for which the Personal Data is being used.
  • The right to access / the right to request. The CCPA permits You to request and obtain from the Company information regarding the disclosure of Your Personal Data that has been collected in the past 12 months by the Company or its subsidiaries to a third-party for the third party’s direct marketing purposes.
  • The right to say no to the sale of Personal Data. You also have the right to ask the Company not to sell Your Personal Data to third parties. You can submit such a request by visiting our “Do Not Sell My Personal Information” section or web page.
  • The right to know about Your Personal Data. You have the right to request and obtain from the Company information regarding the disclosure of the following:
    • The categories of Personal Data collected
    • The sources from which the Personal Data was collected
    • The business or commercial purpose for collecting or selling the Personal Data
    • Categories of third parties with whom We share Personal Data
    • The specific pieces of Personal Data we collected about You
  • The right to delete Personal Data. You also have the right to request the deletion of Your Personal Data that have been collected in the past 12 months.
  • The right not to be discriminated against. You have the right not to be discriminated against for exercising any of Your Consumer’s rights, including by:
    • Denying goods or services to You
    • Charging different prices or rates for goods or services, including the use of discounts or other benefits or imposing penalties
    • Providing a different level or quality of goods or services to You
    • Suggesting that You will receive a different price or rate for goods or services or a different level or quality of goods or services.

Exercising Your CCPA Data Protection Rights

In order to exercise any of Your rights under the CCPA, and if you are a California resident, You can email or call us.  The Company will disclose and deliver the required information free of charge within 45 days of receiving Your verifiable request. The time period to provide the required information may be extended once by an additional 45 days when reasonable necessary and with prior notice.

Do Not Sell My Personal Information

We do not sell personal information. However, the Service Providers we partner with (for example, our advertising partners) may use technology on the Service that “sells” personal information as defined by the CCPA law. If you wish to opt out of the use of your personal information for interest-based advertising purposes and these potential sales as defined under CCPA law, you may do so by following the instructions below. Please note that any opt out is specific to the browser You use. You may need to opt out on every browser that you use.

Website

You can opt out of receiving ads that are personalized as served by our Service Providers by following our instructions presented on the Service:

  • From Our “Cookie Consent” notice banner
  • Or from Our “CCPA Opt-out” notice banner
  • Or from Our “Do Not Sell My Personal Information” notice banner
  • Or from Our “Do Not Sell My Personal Information” link

The opt out will place a cookie on Your computer that is unique to the browser You use to opt out. If you change browsers or delete the cookies saved by your browser, you will need to opt out again.

Mobile Devices

Your mobile device may give you the ability to opt out of the use of information about the apps you use in order to serve you ads that are targeted to your interests:

  • “Opt out of Interest-Based Ads” or “Opt out of Ads Personalization” on Android devices
  • “Limit Ad Tracking” on iOS devices

You can also stop the collection of location information from Your mobile device by changing the preferences on your mobile device.

“Do Not Track” Policy as Required by California Online Privacy Protection Act (CalOPPA)

Our Service does not respond to Do Not Track signals.

However, some third party websites do keep track of Your browsing activities. If You are visiting such websites, You can set Your preferences in Your web browser to inform websites that You do not want to be tracked. You can enable or disable DNT by visiting the preferences or settings page of Your web browser.

Not Responsible for Content

Orchid Law may periodically change, remove, or add the material in this web site without notice. This material may contain technical or typographical errors. Orchid Law does not guarantee its accuracy, completeness or suitability. Orchid Law assumes no liability or responsibility for any errors or omissions in the contents of this web site. Your use of this web site is at your own risk. Under no circumstances shall Orchid Law or any other party involved in the creation, production or delivery of this web site be liable to you or any other person for any indirect, special, incidental, or consequential damages of any kind arising from your access to, or use of, this web site. IN NO EVENT SHALL ORCHID LAW, PLLC. BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES RELATING TO THIS MATERIAL, FOR ANY USE OF THIS WEBSITE, OR FOR ANY OTHER LINKED WEBSITE.

Third-party Web Sites

This web site contains links to third party web sites for the convenience of our users. Orchid Law does not endorse any of these third party sites and does not imply any association between Orchid Law and those sites. Orchid Law does not control these third party web sites and cannot represent that their policies and practices will be consistent with these Terms of Use. If you use links to access and use such web sites, you do so at your own risk. Orchid Law is not responsible for the contents or availability of any linked sites. These links are provided only as a convenience to the recipient.

State Advertising Disclosures

As some material on this web site may constitute lawyer advertising and this web site may be viewed from anywhere in the United States particular disclosures are required by the rules of some states. Orchid Law makes the following disclosures:

Alabama: No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

Colorado: Colorado does not certify attorneys as specialists in any field.

Florida: The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience.

Iowa: The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. This disclosure is required by rule of the Supreme Court of Iowa. NOTICE TO THE PUBLIC: Memberships and offices in legal fraternities and legal societies, technical and professional licenses, and memberships in scientific, technical and professional associations and societies of law or field of practice do not mean that a lawyer is a specialist or expert in a field of law, nor do they mean that such a lawyer is necessarily any more expert or competent than any other lawyer. All potential clients are urged to make their own independent investigation and evaluation of any lawyer being considered. This notice is required by rule of the Supreme Court of Iowa.

Kentucky and Oregon: THIS IS AN ADVERTISEMENT

Mississippi: The Mississippi Supreme Court advises that a decision on legal services is important and should not be based solely on advertisements.

Missouri: Neither the Supreme Court of Missouri nor the Missouri Bar reviews or approves certifying organizations or specialist designations.

Nevada: The State Bar of Nevada does not certify any lawyer as a specialist or expert.

New Jersey: ATTORNEY ADVERTISEMENT — NOT A REFERRAL SERVICE. Before making your choice of an attorney, you should give this matter careful thought. The selection of an attorney is an important decision.

New Mexico: LAWYER ADVERTISEMENT.

New York: ATTORNEY ADVERTISING. Prior results do not guarantee a similar outcome.

Pennsylvania: ATTORNEY ADVERTISEMENT – NOT A REFERRAL SERVICE. Before making your choice of an attorney, you should give this matter careful thought. The selection of an attorney is an important decision.

Tennessee: None of the attorneys in this firm are certified as a Civil Trial, Criminal Trial, Business Bankruptcy, Consumer Bankruptcy, Creditor’s Rights, Medical Malpractice, Legal Malpractice, Accounting Malpractice, Estate Planning or Elder Law specialist by the Tennessee Commission on Continuing Legal Education and Specialization. Certification as a specialist in all other listed areas is not currently available in Tennessee.

Texas: Unless otherwise stated, our attorneys claiming certification in an area of law are not certified by the Texas Board of Legal Specialization.

Wyoming: The Wyoming State Bar does not certify any lawyer as a specialist or expert. Anyone considering a lawyer should independently investigate the lawyer’s credentials and ability, and not rely upon advertisements or self-proclaimed expertise.

Copyrights and Trademarks

The entire content of this Website, including but not limited to text, graphics or code, is copyrighted as a collective work under the United States and other copyright laws, and is the property of Orchid Law, PLLC. The collective work includes works that are licensed to us.  You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Website solely for your own non-commercial use.  Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Website is strictly prohibited, unless specifically authorized in writing by Orchid Law, PLLC. You further agree not to change or delete any proprietary notices from materials downloaded from the Website.

All trademarks, service marks and trade names of Orchid Law, PLLC used in the Web site, (including but not limited to Orchid Law, PLLC’s name and logo,  and FFL Law’s name and logos) are trademarks or registered trademarks of Orchid Law, PLLC.

 

Governing Law and Jurisdiction

These Terms and all claims or causes of action that may be based upon, arise out of or relate to these Terms will be construed in accordance with and governed by the laws of the State of Tennessee applicable to agreements made and to be performed entirely within such State without regard to conflicts of laws principles thereof that would cause the application of the laws of any jurisdiction other than the State of Tennessee.  Any dispute arising under or in connection with any matter of any nature (whether sounding in contract or tort) relating to or arising out of these Terms, shall be resolved exclusively by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered into any court having jurisdiction thereof.