Privacy Policy
Website Terms of Use — Gina T. Cain, Attorney at Law PLLC
These Website Terms of Use (“Terms”) govern access to and use of www.cainlawfirm-nc.com and any related webpages, features, content, forms, tools, or services made available through the website (collectively, the “Website”).The Website is operated by Gina T. Cain, Attorney at Law PLLC (“Firm,” “we,” “us,” or “our”).By accessing or using the Website, you agree to be bound by these Terms and our Privacy Provision in Section 8. If you do not agree to these Terms, you must not access or use the Website.The Firm may update these Terms from time to time. Your continued use of the Website after revised Terms are posted constitutes your acceptance of the revised Terms.
Your use of the Website, including reading Website content, completing a contact form, sending an email, calling the Firm, or otherwise communicating with the Firm through or in connection with the Website, does not create an attorney-client relationship between you and the Firm or any attorney associated with the Firm.An attorney-client relationship is established only after the Firm has completed any necessary conflict review, agreed to represent you, and both you and the Firm have signed an applicable written engagement letter or other written agreement confirming the scope and terms of the representation.Until an engagement letter or other written agreement is signed by the Firm:● The Firm has not agreed to represent you;● You should not rely on the Firm to protect your legal rights or meet any deadline;● The Firm may decline to represent you for any reason permitted by law and the North Carolina Rules of Professional Conduct;● The Firm may already represent a party whose interests are adverse to yours; and● Information you send to the Firm may not be protected by the attorney-client privilege.The Firm does not agree to keep unsolicited information confidential merely because you submit it through the Website, by email, or by another communication method. You should not send confidential, sensitive, or time-sensitive information unless and until the Firm confirms in writing that it is willing to consider representing you and provides instructions for submitting that information.Nothing in this Section is intended to eliminate or limit any duties that may apply to information received from a prospective client under applicable law or the North Carolina Rules of Professional Conduct, including Rule 1.18. The Firm may have ethical obligations concerning information received from a person who consults with the Firm about a possible attorney-client relationship, even if no engagement is accepted.
The content on the Website is provided for general informational and educational purposes only. It is not legal advice and should not be treated as legal advice.The law varies by jurisdiction and may change over time. Website content may not reflect the current law, the law applicable to your circumstances, or developments occurring after the content was published. The Firm does not promise that Website content is complete, accurate, current, or applicable to any particular situation.You should consult a licensed attorney about your specific legal questions and circumstances. You should not delay taking action or fail to take action because of information you read on the Website.The Firm does not provide legal advice through Website content, blog posts, online forms, automated tools, social-media content, or general communications.
Submitting an inquiry or requesting a consultation does not guarantee that the Firm will represent you. Representation is subject to, among other things, the Firm’s availability, a conflicts check, the nature of the matter, the Firm’s experience and practice requirements, and agreement on the terms of representation.Past results, examples, testimonials, or descriptions of prior matters, if included on the Website, do not guarantee or predict a similar result in any future matter. Every legal matter depends on its particular facts, applicable law, and other circumstances.
Subject to these Terms, the Firm grants you a limited, revocable, nonexclusive, nontransferable license to access and use the Website for lawful, personal, and informational purposes.You agree to use the Website in a manner that complies with all applicable laws, regulations, court orders, and professional-conduct requirements.
You may not use the Website to:● Violate any applicable law, regulation, court order, or legal right of another person;● Attempt to gain unauthorized access to the Website, its systems, servers, or related networks;● Interfere with or disrupt the operation, security, or availability of the Website;● Introduce or transmit malware, viruses, ransomware, spyware, malicious code, or other harmful material;● Scrape, crawl, spider, data mine, harvest, copy, or systematically collect Website content or information without the Firm’s prior written permission;● Use automated means to access the Website in a manner that places an unreasonable burden on the Website or its systems;● Send spam, chain letters, unsolicited commercial messages, or other unauthorized communications through the Website;● Impersonate the Firm, an attorney, employee, client, or another person or entity;● Use the Website to submit false, misleading, fraudulent, defamatory, threatening, or unlawful information;● Attempt to bypass or defeat security features or access restrictions;● Use Website content to train, develop, operate, or improve an artificial-intelligence or machine-learning system without the Firm’s prior written permission; or● Use the Website or its content for commercial purposes, resale, or competitive purposes without the Firm’s prior written permission.The Firm may suspend or terminate access to the Website if it reasonably believes that you have violated these Terms or used the Website in a manner that may harm the Firm, its clients, Website users, or the Website.
The Website and its contents, including text, articles, graphics, photographs, images, logos, trademarks, service marks, videos, audio, design elements, layout, software, compilations, and the Firm’s name, are owned by or licensed to the Firm and are protected by applicable intellectual-property laws.Except for the limited license in Section 5, you may not copy, reproduce, republish, distribute, modify, display, perform, transmit, sell, license, create derivative works from, or commercially exploit Website content without the Firm’s prior written permission.You may download or print reasonable portions of the Website for your personal, noncommercial, informational use, provided that you do not remove copyright, trademark, or other proprietary notices and do not modify the content.No right or license is granted by implication, estoppel, or otherwise except as expressly stated in these Terms.
8.1 ScopeThis Privacy Provision explains how the Firm may collect, use, disclose, retain, and protect information obtained through the Website and through communications associated with the Website.This Privacy Provision applies to information collected through the Website, including contact forms, consultation-request forms, email links, online scheduling tools, and other Website features. It may not apply to information collected through a separate client portal, a signed engagement, or another service governed by a separate privacy notice or agreement.8.2 Information You Voluntarily SubmitThe Firm may collect information that you voluntarily provide, including:● Your name;● Mailing address;● Email address;● Telephone number;● The nature of your inquiry;● Information submitted through a contact form or consultation-request form;● Information provided when requesting an appointment;● Information provided through email, telephone, or other communications; and● Any other information you choose to provide.You should not submit Social Security numbers, financial-account information, medical information, passwords, highly sensitive personal information, confidential business information, or detailed facts about a legal matter through an unsecured Website form or ordinary email unless the Firm specifically instructs you to do so.8.3 Automatically Collected Technical InformationWhen you access the Website, the Firm or its service providers may automatically collect technical and usage information, which may include:● Internet Protocol (“IP”) address;● Browser type and version;● Operating system;● Device type and identifiers;● Screen resolution and language preferences;● Pages viewed and links clicked;● Date, time, and duration of Website visits;● Referring URL;● Approximate geographic information inferred from technical data;● Error logs and diagnostic information; and● Information about how you interact with the Website.The Firm may use this information in aggregated or de-identified form to maintain, secure, analyze, and improve the Website.8.4 Cookies and Similar TechnologiesThe Website may use cookies, pixels, tags, scripts, local storage, and similar technologies. These technologies may be used to:● Enable Website functions;● Remember preferences;● Understand Website traffic and usage;● Measure the effectiveness of communications;● Improve Website performance and content;● Detect security incidents or fraudulent activity; and● Support scheduling, embedded content, analytics, or other Website features.The specific cookies and technologies used may change.Most browsers allow you to control cookies through browser settings. You may be able to block, delete, or receive notice about cookies. Disabling cookies may affect some Website features or functionality.Some third-party providers may use their own cookies or similar technologies when their content, tools, or services are displayed on or accessed through the Website. Those providers’ practices are governed by their own privacy policies.8.5 How the Firm Uses InformationThe Firm may use information collected through or in connection with the Website to:● Respond to inquiries and requests;● Schedule, confirm, or manage consultations or appointments;● Evaluate whether the Firm may be able to provide legal services;● Conduct conflicts checks and comply with professional obligations;● Communicate about requested services or Firm activities;● Provide legal services after an attorney-client relationship has been established;● Operate, maintain, secure, troubleshoot, and improve the Website;● Understand Website usage and improve content and user experience;● Detect, prevent, investigate, and respond to fraud, abuse, security incidents, or other unlawful activity;● Comply with applicable laws, regulations, court orders, subpoenas, or professional obligations; and● Carry out other purposes disclosed at the time information is collected or with your consent.8.6 Information Submitted Before an EngagementSubmitting information to the Firm before an attorney-client relationship is established does not create an attorney-client relationship, attorney-client privilege, or a guarantee of confidentiality.Nevertheless, information provided during a consultation about possible representation may be subject to duties applicable to prospective clients under the North Carolina Rules of Professional Conduct, including Rule 1.18. The Firm may use reasonable procedures to limit the information requested before an engagement, conduct conflicts checks, and determine whether it can consider representation.Because electronic communications may not be secure and because the Firm may be unable to represent you, do not send sensitive or extensive information before receiving written instructions from the Firm.8.7 Disclosure to Service ProvidersThe Firm may disclose information to third-party service providers that process information on the Firm’s behalf, such as providers of:● Website hosting;● Cloud storage;● Website security;● Analytics;● Online scheduling;● Email delivery;● Customer-relationship management;● Marketing communications;● Website maintenance;● Payment processing;● Information technology; and● Other administrative or operational services.Service providers may process information in accordance with the Firm’s instructions, their agreements with the Firm, and applicable law.8.8 Other Permitted DisclosuresThe Firm may disclose information when reasonably necessary to:● Comply with a subpoena, court order, legal process, law, regulation, or professional obligation;● Respond to a governmental or law-enforcement request;● Protect the rights, property, safety, or security of the Firm, its clients, Website users, or another person;● Investigate or address suspected fraud, abuse, security incidents, or unlawful activity;● Enforce these Terms;● Establish, exercise, or defend legal claims; or● Comply with the North Carolina Rules of Professional Conduct or other applicable professional requirements.The Firm may also disclose information with your consent or as otherwise described when the information is collected.8.9 No Sale or Rental of Personal InformationThe Firm does not sell or rent personal information for monetary consideration.The Firm may use service providers to process information for the purposes described in this Privacy Provision. Those service providers are not authorized to use information provided to them on the Firm’s behalf except as necessary to provide their services, comply with law, or as otherwise permitted by their agreements and applicable law.8.10 Data RetentionThe Firm retains information for as long as reasonably necessary for the purposes described in this Privacy Provision, including responding to inquiries, maintaining business and professional records, complying with legal and ethical obligations, resolving disputes, enforcing agreements, and protecting the Firm’s interests.Retention periods may vary depending on the type of information, the nature of the communication, whether an attorney-client relationship was established, applicable professional-record requirements, litigation holds, legal obligations, and operational needs.8.11 SecurityThe Firm uses reasonable administrative, technical, and physical safeguards appropriate to the nature of the information and the Firm’s operations. These measures may include access controls, vendor review, secure systems, authentication procedures, and other safeguards.However, no method of transmission or storage is completely secure. The Firm cannot guarantee the absolute security of information transmitted to or through the Website, by email, or through any third-party service.You use the Website and submit information at your own risk. If the Firm becomes aware of a security incident requiring notice under applicable law, the Firm will provide notices as required by law.8.12 Children’s PrivacyThe Website is not directed to children under 13, and the Firm does not knowingly collect personal information from children under 13 through the Website.If you believe that a child under 13 has provided personal information through the Website, please contact the Firm using the information in Section 15. If the Firm learns that it has collected such information without legally required authorization, it will take reasonable steps to delete it, subject to legal, ethical, and record-retention obligations.8.13 Do Not Track and Global Privacy ControlSome browsers and devices offer “Do Not Track” settings. Because there is no uniform industry standard for responding to Do Not Track signals, the Website may not respond to all such signals.The Firm will handle Global Privacy Control (“GPC”) signals in accordance with applicable law and the Firm’s technical capabilities.8.14 North Carolina and Other Applicable LawThe Firm is located in North Carolina, and the Website is operated from North Carolina. Information collected through the Website may be processed in North Carolina, elsewhere in the United States, or in locations where the Firm’s service providers operate.The Firm will handle information in accordance with applicable North Carolina law, other applicable law, the Firm’s professional obligations, and any specific written agreements that apply to a particular relationship.Nothing in this Privacy Provision is intended to create rights or obligations beyond those required by applicable law.8.15 Requests to Access, Correct, or Delete InformationSubject to applicable law, professional obligations, record-retention requirements, legal holds, security procedures, and the need to verify your identity, you may request to:● Access information the Firm maintains about you;● Correct inaccurate information;● Request deletion of information; or● Ask questions about the Firm’s handling of your information.To submit a request, contact the Firm using the information in Section 15. The Firm may request information reasonably necessary to verify your identity and may decline or limit a request when permitted or required by law or professional obligations.Deleting information may not be possible when the Firm must retain it for legal, ethical, insurance, accounting, recordkeeping, dispute-resolution, or other legitimate purposes.8.16 Marketing CommunicationsIf the Firm sends marketing or informational communications, you may opt out by using the unsubscribe link included in the communication or by contacting the Firm using the information in Section 15.Opting out of marketing communications will not necessarily stop service-related, administrative, appointment-related, security-related, or other nonmarketing communications.8.17 Changes to This Privacy ProvisionThe Firm may update this Privacy Provision from time to time to reflect changes in the Website, the Firm’s practices, service providers, technology, or applicable law.The Firm will post the revised Privacy Provision on the Website and will update the “Effective Date” or “Last Updated” date. Your continued use of the Website after a revised Privacy Provision is posted constitutes acceptance of the revised provision to the extent permitted by law.
The Website may contain links to, references to, or embedded content from third-party websites, applications, platforms, resources, tools, or services. Examples may include mapping services, online scheduling tools, payment processors, social-media platforms, video or audio players, analytics tools, review platforms, and other third-party features.Third-party links and content are provided solely for convenience and informational purposes. The Firm does not control, endorse, sponsor, monitor, or guarantee third-party websites, content, products, services, availability, accuracy, security, or privacy practices.If you access a third-party website, service, or embedded feature, you do so at your own risk. Your use may be governed by the third party’s separate terms of use, privacy policy, cookie policy, license, or other agreement. You should review those terms and policies before using the third-party service or providing information.The Firm is not responsible for:● The content or accuracy of third-party websites or resources;● The availability, functionality, or security of third-party services;● The privacy or data-handling practices of third parties;● Transactions or communications between you and a third party;● Losses arising from your use of a third-party website or service; or● Any damage caused by third-party content, software, code, or links.The presence of a third-party link or embedded feature does not create an endorsement, recommendation, attorney-client relationship, or affiliation between the Firm and the third party.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE AND ALL CONTENT, FEATURES, FUNCTIONS, AND SERVICES MADE AVAILABLE THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.TO THE FULLEST EXTENT PERMITTED BY LAW, THE FIRM DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, SECURITY, AVAILABILITY, AND FREEDOM FROM VIRUSES OR OTHER HARMFUL COMPONENTS.THE FIRM DOES NOT WARRANT THAT:● The Website will operate without interruption, delay, or error;● The Website will be secure or free from harmful code;● Website content will be accurate, complete, current, or suitable for your circumstances;● Defects will be corrected;● The Website will be compatible with your device or software; or● Use of the Website will produce a particular legal, business, financial, or other result.Some jurisdictions do not permit the exclusion of certain warranties. To the extent a warranty disclaimer is not enforceable, it will apply to the maximum extent permitted by law.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE FIRM AND ITS ATTORNEYS, MEMBERS, EMPLOYEES, AGENTS, CONTRACTORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITY, DATA, GOODWILL, OR ANTICIPATED SAVINGS, ARISING OUT OF OR RELATED TO:● Your access to or use of, or inability to access or use, the Website;● Your reliance on Website content;● Any error, omission, interruption, delay, defect, or failure of the Website;● Any computer virus, malware, security incident, or other harmful component;● Any communication submitted through the Website;● Any third-party website, content, service, product, or embedded feature; or● Any other matter relating to the Website,REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF THE FIRM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.TO THE FULLEST EXTENT PERMITTED BY LAW, THE FIRM’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE WEBSITE WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID, IF ANY, TO ACCESS THE WEBSITE DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR ONE HUNDRED DOLLARS ($100).This Section does not limit liability that cannot lawfully be limited or excluded, including liability that applicable law prohibits the Firm from limiting.
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless the Firm and its attorneys, members, employees, agents, contractors, and service providers from and against claims, demands, actions, liabilities, damages, judgments, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:● Your use or misuse of the Website;● Your violation of these Terms;● Your violation of any law or the rights of another person;● Information or content you submit through the Website; or● Your use of any third-party website, content, product, service, or embedded feature.The Firm reserves the right to assume the exclusive defense and control of any matter subject to indemnification. You agree to cooperate with the Firm’s defense of such matter. You may not settle an indemnified claim without the Firm’s prior written consent if the settlement imposes an obligation, admission, restriction, or liability on the Firm.
The Firm may modify, suspend, restrict, or discontinue the Website or any portion of it at any time, with or without notice.The Firm may revise these Terms at any time by posting the revised Terms on the Website. The revised Terms will become effective when posted unless a later effective date is stated. Your continued use of the Website after revised Terms are posted constitutes your acceptance of the revised Terms.The Firm may terminate or suspend your access to the Website if it reasonably believes that you have violated these Terms, created a security or legal risk, or used the Website in a manner that may harm the Firm or another person.Sections that by their nature should survive termination will survive, including provisions concerning intellectual property, disclaimers, limitations of liability, indemnification, governing law, and dispute-related matters.
These Terms and your use of the Website are governed by the laws of the State of North Carolina, without regard to conflict-of-law principles.To the fullest extent permitted by law, any legal action or proceeding arising out of or relating to these Terms or the Website must be brought in a state or federal court located in Durham County, North Carolina, and you consent to the personal jurisdiction and venue of those courts.Nothing in these Terms prevents the Firm from seeking emergency, injunctive, or equitable relief in any court of competent jurisdiction.
Questions about these Terms, the Privacy Provision, or the Website may be directed to:Gina T. Cain, Attorney at Law PLLC Address: [Street Address] [City, State ZIP Code] Telephone: 919-230-4703 Email: INFO@CAINLAWFIRM-NC.COM Website: www.cainlawfirm-nc.com
If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in full force and effect.
The Firm’s failure to enforce any provision of these Terms does not constitute a waiver of that provision or the Firm’s right to enforce it later.A waiver is effective only if made in writing by an authorized representative of the Firm.
These Terms, including the Privacy Provision in Section 8, constitute the entire agreement between you and the Firm concerning your access to and use of the Website and supersede all prior or contemporaneous understandings concerning Website use.These Terms do not create an attorney-client relationship, modify a signed engagement letter, establish a professional relationship, or alter any separate written agreement between you and the Firm. If a signed engagement letter or other written agreement applies to a particular matter, that agreement governs the attorney-client relationship and legal services addressed in that agreement.
These Website Terms of Use (“Terms”) govern access to and use of www.cainlawfirm-nc.com and any related webpages, features, content, forms, tools, or services made available through the website (collectively, the “Website”).The Website is operated by Gina T. Cain, Attorney at Law PLLC (“Firm,” “we,” “us,” or “our”).By accessing or using the Website, you agree to be bound by these Terms and our Privacy Provision in Section 8. If you do not agree to these Terms, you must not access or use the Website.The Firm may update these Terms from time to time. Your continued use of the Website after revised Terms are posted constitutes your acceptance of the revised Terms.
Your use of the Website, including reading Website content, completing a contact form, sending an email, calling the Firm, or otherwise communicating with the Firm through or in connection with the Website, does not create an attorney-client relationship between you and the Firm or any attorney associated with the Firm.An attorney-client relationship is established only after the Firm has completed any necessary conflict review, agreed to represent you, and both you and the Firm have signed an applicable written engagement letter or other written agreement confirming the scope and terms of the representation.Until an engagement letter or other written agreement is signed by the Firm:● The Firm has not agreed to represent you;● You should not rely on the Firm to protect your legal rights or meet any deadline;● The Firm may decline to represent you for any reason permitted by law and the North Carolina Rules of Professional Conduct;● The Firm may already represent a party whose interests are adverse to yours; and● Information you send to the Firm may not be protected by the attorney-client privilege.The Firm does not agree to keep unsolicited information confidential merely because you submit it through the Website, by email, or by another communication method. You should not send confidential, sensitive, or time-sensitive information unless and until the Firm confirms in writing that it is willing to consider representing you and provides instructions for submitting that information.Nothing in this Section is intended to eliminate or limit any duties that may apply to information received from a prospective client under applicable law or the North Carolina Rules of Professional Conduct, including Rule 1.18. The Firm may have ethical obligations concerning information received from a person who consults with the Firm about a possible attorney-client relationship, even if no engagement is accepted.
The content on the Website is provided for general informational and educational purposes only. It is not legal advice and should not be treated as legal advice.The law varies by jurisdiction and may change over time. Website content may not reflect the current law, the law applicable to your circumstances, or developments occurring after the content was published. The Firm does not promise that Website content is complete, accurate, current, or applicable to any particular situation.You should consult a licensed attorney about your specific legal questions and circumstances. You should not delay taking action or fail to take action because of information you read on the Website.The Firm does not provide legal advice through Website content, blog posts, online forms, automated tools, social-media content, or general communications.
Submitting an inquiry or requesting a consultation does not guarantee that the Firm will represent you. Representation is subject to, among other things, the Firm’s availability, a conflicts check, the nature of the matter, the Firm’s experience and practice requirements, and agreement on the terms of representation.Past results, examples, testimonials, or descriptions of prior matters, if included on the Website, do not guarantee or predict a similar result in any future matter. Every legal matter depends on its particular facts, applicable law, and other circumstances.
Subject to these Terms, the Firm grants you a limited, revocable, nonexclusive, nontransferable license to access and use the Website for lawful, personal, and informational purposes.You agree to use the Website in a manner that complies with all applicable laws, regulations, court orders, and professional-conduct requirements.
You may not use the Website to:● Violate any applicable law, regulation, court order, or legal right of another person;● Attempt to gain unauthorized access to the Website, its systems, servers, or related networks;● Interfere with or disrupt the operation, security, or availability of the Website;● Introduce or transmit malware, viruses, ransomware, spyware, malicious code, or other harmful material;● Scrape, crawl, spider, data mine, harvest, copy, or systematically collect Website content or information without the Firm’s prior written permission;● Use automated means to access the Website in a manner that places an unreasonable burden on the Website or its systems;● Send spam, chain letters, unsolicited commercial messages, or other unauthorized communications through the Website;● Impersonate the Firm, an attorney, employee, client, or another person or entity;● Use the Website to submit false, misleading, fraudulent, defamatory, threatening, or unlawful information;● Attempt to bypass or defeat security features or access restrictions;● Use Website content to train, develop, operate, or improve an artificial-intelligence or machine-learning system without the Firm’s prior written permission; or● Use the Website or its content for commercial purposes, resale, or competitive purposes without the Firm’s prior written permission.The Firm may suspend or terminate access to the Website if it reasonably believes that you have violated these Terms or used the Website in a manner that may harm the Firm, its clients, Website users, or the Website.
The Website and its contents, including text, articles, graphics, photographs, images, logos, trademarks, service marks, videos, audio, design elements, layout, software, compilations, and the Firm’s name, are owned by or licensed to the Firm and are protected by applicable intellectual-property laws.Except for the limited license in Section 5, you may not copy, reproduce, republish, distribute, modify, display, perform, transmit, sell, license, create derivative works from, or commercially exploit Website content without the Firm’s prior written permission.You may download or print reasonable portions of the Website for your personal, noncommercial, informational use, provided that you do not remove copyright, trademark, or other proprietary notices and do not modify the content.No right or license is granted by implication, estoppel, or otherwise except as expressly stated in these Terms.
8.1 ScopeThis Privacy Provision explains how the Firm may collect, use, disclose, retain, and protect information obtained through the Website and through communications associated with the Website.This Privacy Provision applies to information collected through the Website, including contact forms, consultation-request forms, email links, online scheduling tools, and other Website features. It may not apply to information collected through a separate client portal, a signed engagement, or another service governed by a separate privacy notice or agreement.8.2 Information You Voluntarily SubmitThe Firm may collect information that you voluntarily provide, including:● Your name;● Mailing address;● Email address;● Telephone number;● The nature of your inquiry;● Information submitted through a contact form or consultation-request form;● Information provided when requesting an appointment;● Information provided through email, telephone, or other communications; and● Any other information you choose to provide.You should not submit Social Security numbers, financial-account information, medical information, passwords, highly sensitive personal information, confidential business information, or detailed facts about a legal matter through an unsecured Website form or ordinary email unless the Firm specifically instructs you to do so.8.3 Automatically Collected Technical InformationWhen you access the Website, the Firm or its service providers may automatically collect technical and usage information, which may include:● Internet Protocol (“IP”) address;● Browser type and version;● Operating system;● Device type and identifiers;● Screen resolution and language preferences;● Pages viewed and links clicked;● Date, time, and duration of Website visits;● Referring URL;● Approximate geographic information inferred from technical data;● Error logs and diagnostic information; and● Information about how you interact with the Website.The Firm may use this information in aggregated or de-identified form to maintain, secure, analyze, and improve the Website.8.4 Cookies and Similar TechnologiesThe Website may use cookies, pixels, tags, scripts, local storage, and similar technologies. These technologies may be used to:● Enable Website functions;● Remember preferences;● Understand Website traffic and usage;● Measure the effectiveness of communications;● Improve Website performance and content;● Detect security incidents or fraudulent activity; and● Support scheduling, embedded content, analytics, or other Website features.The specific cookies and technologies used may change.Most browsers allow you to control cookies through browser settings. You may be able to block, delete, or receive notice about cookies. Disabling cookies may affect some Website features or functionality.Some third-party providers may use their own cookies or similar technologies when their content, tools, or services are displayed on or accessed through the Website. Those providers’ practices are governed by their own privacy policies.8.5 How the Firm Uses InformationThe Firm may use information collected through or in connection with the Website to:● Respond to inquiries and requests;● Schedule, confirm, or manage consultations or appointments;● Evaluate whether the Firm may be able to provide legal services;● Conduct conflicts checks and comply with professional obligations;● Communicate about requested services or Firm activities;● Provide legal services after an attorney-client relationship has been established;● Operate, maintain, secure, troubleshoot, and improve the Website;● Understand Website usage and improve content and user experience;● Detect, prevent, investigate, and respond to fraud, abuse, security incidents, or other unlawful activity;● Comply with applicable laws, regulations, court orders, subpoenas, or professional obligations; and● Carry out other purposes disclosed at the time information is collected or with your consent.8.6 Information Submitted Before an EngagementSubmitting information to the Firm before an attorney-client relationship is established does not create an attorney-client relationship, attorney-client privilege, or a guarantee of confidentiality.Nevertheless, information provided during a consultation about possible representation may be subject to duties applicable to prospective clients under the North Carolina Rules of Professional Conduct, including Rule 1.18. The Firm may use reasonable procedures to limit the information requested before an engagement, conduct conflicts checks, and determine whether it can consider representation.Because electronic communications may not be secure and because the Firm may be unable to represent you, do not send sensitive or extensive information before receiving written instructions from the Firm.8.7 Disclosure to Service ProvidersThe Firm may disclose information to third-party service providers that process information on the Firm’s behalf, such as providers of:● Website hosting;● Cloud storage;● Website security;● Analytics;● Online scheduling;● Email delivery;● Customer-relationship management;● Marketing communications;● Website maintenance;● Payment processing;● Information technology; and● Other administrative or operational services.Service providers may process information in accordance with the Firm’s instructions, their agreements with the Firm, and applicable law.8.8 Other Permitted DisclosuresThe Firm may disclose information when reasonably necessary to:● Comply with a subpoena, court order, legal process, law, regulation, or professional obligation;● Respond to a governmental or law-enforcement request;● Protect the rights, property, safety, or security of the Firm, its clients, Website users, or another person;● Investigate or address suspected fraud, abuse, security incidents, or unlawful activity;● Enforce these Terms;● Establish, exercise, or defend legal claims; or● Comply with the North Carolina Rules of Professional Conduct or other applicable professional requirements.The Firm may also disclose information with your consent or as otherwise described when the information is collected.8.9 No Sale or Rental of Personal InformationThe Firm does not sell or rent personal information for monetary consideration.The Firm may use service providers to process information for the purposes described in this Privacy Provision. Those service providers are not authorized to use information provided to them on the Firm’s behalf except as necessary to provide their services, comply with law, or as otherwise permitted by their agreements and applicable law.8.10 Data RetentionThe Firm retains information for as long as reasonably necessary for the purposes described in this Privacy Provision, including responding to inquiries, maintaining business and professional records, complying with legal and ethical obligations, resolving disputes, enforcing agreements, and protecting the Firm’s interests.Retention periods may vary depending on the type of information, the nature of the communication, whether an attorney-client relationship was established, applicable professional-record requirements, litigation holds, legal obligations, and operational needs.8.11 SecurityThe Firm uses reasonable administrative, technical, and physical safeguards appropriate to the nature of the information and the Firm’s operations. These measures may include access controls, vendor review, secure systems, authentication procedures, and other safeguards.However, no method of transmission or storage is completely secure. The Firm cannot guarantee the absolute security of information transmitted to or through the Website, by email, or through any third-party service.You use the Website and submit information at your own risk. If the Firm becomes aware of a security incident requiring notice under applicable law, the Firm will provide notices as required by law.8.12 Children’s PrivacyThe Website is not directed to children under 13, and the Firm does not knowingly collect personal information from children under 13 through the Website.If you believe that a child under 13 has provided personal information through the Website, please contact the Firm using the information in Section 15. If the Firm learns that it has collected such information without legally required authorization, it will take reasonable steps to delete it, subject to legal, ethical, and record-retention obligations.8.13 Do Not Track and Global Privacy ControlSome browsers and devices offer “Do Not Track” settings. Because there is no uniform industry standard for responding to Do Not Track signals, the Website may not respond to all such signals.The Firm will handle Global Privacy Control (“GPC”) signals in accordance with applicable law and the Firm’s technical capabilities.8.14 North Carolina and Other Applicable LawThe Firm is located in North Carolina, and the Website is operated from North Carolina. Information collected through the Website may be processed in North Carolina, elsewhere in the United States, or in locations where the Firm’s service providers operate.The Firm will handle information in accordance with applicable North Carolina law, other applicable law, the Firm’s professional obligations, and any specific written agreements that apply to a particular relationship.Nothing in this Privacy Provision is intended to create rights or obligations beyond those required by applicable law.8.15 Requests to Access, Correct, or Delete InformationSubject to applicable law, professional obligations, record-retention requirements, legal holds, security procedures, and the need to verify your identity, you may request to:● Access information the Firm maintains about you;● Correct inaccurate information;● Request deletion of information; or● Ask questions about the Firm’s handling of your information.To submit a request, contact the Firm using the information in Section 15. The Firm may request information reasonably necessary to verify your identity and may decline or limit a request when permitted or required by law or professional obligations.Deleting information may not be possible when the Firm must retain it for legal, ethical, insurance, accounting, recordkeeping, dispute-resolution, or other legitimate purposes.8.16 Marketing CommunicationsIf the Firm sends marketing or informational communications, you may opt out by using the unsubscribe link included in the communication or by contacting the Firm using the information in Section 15.Opting out of marketing communications will not necessarily stop service-related, administrative, appointment-related, security-related, or other nonmarketing communications.8.17 Changes to This Privacy ProvisionThe Firm may update this Privacy Provision from time to time to reflect changes in the Website, the Firm’s practices, service providers, technology, or applicable law.The Firm will post the revised Privacy Provision on the Website and will update the “Effective Date” or “Last Updated” date. Your continued use of the Website after a revised Privacy Provision is posted constitutes acceptance of the revised provision to the extent permitted by law.
The Website may contain links to, references to, or embedded content from third-party websites, applications, platforms, resources, tools, or services. Examples may include mapping services, online scheduling tools, payment processors, social-media platforms, video or audio players, analytics tools, review platforms, and other third-party features.Third-party links and content are provided solely for convenience and informational purposes. The Firm does not control, endorse, sponsor, monitor, or guarantee third-party websites, content, products, services, availability, accuracy, security, or privacy practices.If you access a third-party website, service, or embedded feature, you do so at your own risk. Your use may be governed by the third party’s separate terms of use, privacy policy, cookie policy, license, or other agreement. You should review those terms and policies before using the third-party service or providing information.The Firm is not responsible for:● The content or accuracy of third-party websites or resources;● The availability, functionality, or security of third-party services;● The privacy or data-handling practices of third parties;● Transactions or communications between you and a third party;● Losses arising from your use of a third-party website or service; or● Any damage caused by third-party content, software, code, or links.The presence of a third-party link or embedded feature does not create an endorsement, recommendation, attorney-client relationship, or affiliation between the Firm and the third party.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE AND ALL CONTENT, FEATURES, FUNCTIONS, AND SERVICES MADE AVAILABLE THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.TO THE FULLEST EXTENT PERMITTED BY LAW, THE FIRM DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, SECURITY, AVAILABILITY, AND FREEDOM FROM VIRUSES OR OTHER HARMFUL COMPONENTS.THE FIRM DOES NOT WARRANT THAT:● The Website will operate without interruption, delay, or error;● The Website will be secure or free from harmful code;● Website content will be accurate, complete, current, or suitable for your circumstances;● Defects will be corrected;● The Website will be compatible with your device or software; or● Use of the Website will produce a particular legal, business, financial, or other result.Some jurisdictions do not permit the exclusion of certain warranties. To the extent a warranty disclaimer is not enforceable, it will apply to the maximum extent permitted by law.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE FIRM AND ITS ATTORNEYS, MEMBERS, EMPLOYEES, AGENTS, CONTRACTORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITY, DATA, GOODWILL, OR ANTICIPATED SAVINGS, ARISING OUT OF OR RELATED TO:● Your access to or use of, or inability to access or use, the Website;● Your reliance on Website content;● Any error, omission, interruption, delay, defect, or failure of the Website;● Any computer virus, malware, security incident, or other harmful component;● Any communication submitted through the Website;● Any third-party website, content, service, product, or embedded feature; or● Any other matter relating to the Website,REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF THE FIRM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.TO THE FULLEST EXTENT PERMITTED BY LAW, THE FIRM’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE WEBSITE WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID, IF ANY, TO ACCESS THE WEBSITE DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR ONE HUNDRED DOLLARS ($100).This Section does not limit liability that cannot lawfully be limited or excluded, including liability that applicable law prohibits the Firm from limiting.
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless the Firm and its attorneys, members, employees, agents, contractors, and service providers from and against claims, demands, actions, liabilities, damages, judgments, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:● Your use or misuse of the Website;● Your violation of these Terms;● Your violation of any law or the rights of another person;● Information or content you submit through the Website; or● Your use of any third-party website, content, product, service, or embedded feature.The Firm reserves the right to assume the exclusive defense and control of any matter subject to indemnification. You agree to cooperate with the Firm’s defense of such matter. You may not settle an indemnified claim without the Firm’s prior written consent if the settlement imposes an obligation, admission, restriction, or liability on the Firm.
The Firm may modify, suspend, restrict, or discontinue the Website or any portion of it at any time, with or without notice.The Firm may revise these Terms at any time by posting the revised Terms on the Website. The revised Terms will become effective when posted unless a later effective date is stated. Your continued use of the Website after revised Terms are posted constitutes your acceptance of the revised Terms.The Firm may terminate or suspend your access to the Website if it reasonably believes that you have violated these Terms, created a security or legal risk, or used the Website in a manner that may harm the Firm or another person.Sections that by their nature should survive termination will survive, including provisions concerning intellectual property, disclaimers, limitations of liability, indemnification, governing law, and dispute-related matters.
These Terms and your use of the Website are governed by the laws of the State of North Carolina, without regard to conflict-of-law principles.To the fullest extent permitted by law, any legal action or proceeding arising out of or relating to these Terms or the Website must be brought in a state or federal court located in Durham County, North Carolina, and you consent to the personal jurisdiction and venue of those courts.Nothing in these Terms prevents the Firm from seeking emergency, injunctive, or equitable relief in any court of competent jurisdiction.
Questions about these Terms, the Privacy Provision, or the Website may be directed to:Gina T. Cain, Attorney at Law PLLC Address: [Street Address] [City, State ZIP Code] Telephone: 919-230-4703 Email: INFO@CAINLAWFIRM-NC.COM Website: www.cainlawfirm-nc.com
If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in full force and effect.
The Firm’s failure to enforce any provision of these Terms does not constitute a waiver of that provision or the Firm’s right to enforce it later.A waiver is effective only if made in writing by an authorized representative of the Firm.
These Terms, including the Privacy Provision in Section 8, constitute the entire agreement between you and the Firm concerning your access to and use of the Website and supersede all prior or contemporaneous understandings concerning Website use.These Terms do not create an attorney-client relationship, modify a signed engagement letter, establish a professional relationship, or alter any separate written agreement between you and the Firm. If a signed engagement letter or other written agreement applies to a particular matter, that agreement governs the attorney-client relationship and legal services addressed in that agreement.