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Macheledt & Bales LLP

Privacy Policy and Terms and Conditions of Use

Welcome and thank you for visiting the Macheledt & Bales LLP (hereafter “M&B”) website. As used herein, the words “you” and “your” refer to any person accessing the M&B website. The words “we,” “us,” and “our” refer to M&B. The following describes how we handle information we may learn about you from your visit to our website, and provides the rules that govern your use of our site.

I. These Terms and Conditions Govern Your Use of Our Site

A. Use of our site constitutes contractual agreement. These Terms and Conditions of Use constitute the contractual agreement between you and M&B regarding your use of our site and any activities or transactions you may conduct through our site. They also contain our Privacy Policy (how we handle information you provide to us or we collect). Your use of our site constitutes your agreement to follow and be bound by these terms and conditions of use and by our privacy policy (collectively our “Terms and Conditions”). If you do not wish to be bound by these Terms and Conditions, you should not use/visit our site.

B. Amendments to these Terms and Conditions. We reserve the right to modify, alter, or otherwise update these Terms and Conditions at any time. Any changes will apply prospectively only. It is your responsibility to review these Terms and Conditions from time to time. Your continued use of our site following the posting of changes to these Terms and Conditions will constitute your acceptance of any and all posted changes. We may of course change, move or delete portions of our site, or add to our site from time to time.

II. How to Contact Us

If you have questions about our Terms and Conditions, your dealings with our website, or technical problems with the operation of our website, you may contact us as provided below:

by phone at: 480-773-7807

by email at: sheilah@mbh-law.com

III. Scope of these Terms and Conditions

A. Terms and Conditions apply only to online information. These Terms and Conditions apply only to information you provide to us online while visiting or using our website.

B. Privacy Policy applies only to users in the U.S. Our Privacy Policy applies only to users accessing our website in and from the United States. M&B does not solicit use of our site by visitors outside the United States, does not knowingly collect Personally Identifiable Information from visitors outside the Unites States, and our site and servers that make this site available are located in the United States. If you access our site from outside the United States, you do so at your own risk and you are solely responsible for compliance with laws applicable in your jurisdiction.

IV. Exception to Our Privacy Policy

There is an exception to our Privacy Policy in that it may be necessary for M&B to release or use Personally Identifiable Information we in good faith believe is appropriate in connection with legal proceedings, or in response to a subpoena, warrant, court order, levy, attachment, order of a court-appointed receiver, or other comparable legal process, including subpoenas from private parties in a civil action.

V. Policies for Children (Individuals Under the Age of 13)

Our site is not a website directed to children under the age of 13. We hereby advise all visitors to our website under the age of 13 not to disclose or provide Personally Identifiable Information on our site. Parents and guardians should supervise children’s access to the Internet. In the event we discover that a child under the age of 13 has provided Personally Identifiable Information to us, in accordance with the Children’s Online Privacy Protection Act of 1998, we will delete the child’s Personally Identifiable Information from our files to the extent possible

VI. Information Is Provided for Informational Purposes and Does Not Create Attorney-Client Relationship


VII. Types of Information We May Collect and How It Is Treated

A. Types of information. Information you may provide in visiting our site falls into two broad categories: personally identifiable information, and aggregate information. “Personally Identifiable Information” is information that can be used to identify or contact you, such as your name, email address, mailing address, social security number, or credit card number. “Aggregate Information” is information that does not identify you, and may include, for example, statistical information concerning the Web pages on our site that users most frequent. Our Privacy Policy governs both categories of information. The information we receive depends upon what you do when you visit our site, as detailed below.

B. Personally Identifiable Information. We do not share with unrelated third parties any Personally Identifiable Information you provide to us. By “unrelated third parties” we mean anyone who is not directly involved in the maintenance or running of our site, or not involved in fulfilling requests you make at our site. We use Personally Identifiable Information you provide to us when you visit our site strictly for the purposes for which you have provided it. For example, if you request to receive M&B newsletters and notices of events, and you provide us with contact information (which may include Personally Identifiable Information, such as an e-mail address, mailing address, or phone number), we will use that information to contact you regarding your request or to send you the information. If, at any time, you decide you no longer wish to receive such information, simply notify us (see Section II above) to that effect. Another example might be Personally Identifiable Information you provide to us in connection with an event we are sponsoring that you wish to attend. If the event is co-sponsored with another entity (which will be stated), you may be providing the Personally Identifiable Information to the co-sponsor (as well as to us).

C. Aggregate Information. We may collect Aggregate Information about your use of our site through cookies and similar Internet technologies. “Cookies” are small pieces of information that a website transfers to your hard drive, where it is stored by your browser on your computer’s hard drive for record-keeping purposes (such as storing user preferences). For instance, if you visit our site to browse or to read or download information, we may collect and store one or more of the following: the name of the domain name and host from which you access the Internet (for example, aol.com); the Internet Protocol (IP) address of the computer you are using; the browser software you use and your operating system; the date and time you access our site, and other activity on our site; and the Internet address of the website from which you linked to our site. If we use cookies, they do not collect or retain Personally Identifiable Information. If we use cookies, we use the Aggregate Information collected through cookies for system administration, to measure the number of visitors to our site, to improve site performance, to help us make our site more useful and/or to gather broad Aggregate Information. We do not link Aggregate Information to Personally Identifiable Information. Additionally, we do not authorize any third parties to use cookies we may create at our site for their own purposes. Please be advised, however, that sites you link to from our site may use cookies in other ways and for other purposes. You should read and understand the privacy policy of the site(s) you link to in order to determine whether and how a particular site uses cookies. Most browsers are initially set up to accept cookies. You can reset your browser to refuse all cookies or indicate when a cookie is being sent. Please consult the help section of your Web browser software to learn how to do this.

VIII. Security of Personally Identifiable Information

A. Access and security. Each of our employees and volunteers abides by our Privacy Policy, and only authorized individuals have access to your Personally Identifiable Information. We have in place security control systems designed to help prevent unauthorized disclosure of your Personally Identifiable Information. Due to the nature of the internet and developing technologies, we cannot, however, provide assurances as to the security of your information.

B. Do not use or access this website via a wireless network. We recommend you not provide Personally Identifiable Information to this website using a wireless network, computer, or other device. Even if your machine is running wireless encryption protocols, there is a high security risk inherent in wireless networks. It is impossible for us to guarantee the security of any such transmissions.

C. Assignment or transfer of Personally Identifiable Information. In the event M&B desires to assign or transfer your Personally Identifiable Information and its rights hereunder to a third party, you agree that M&B may do so, on the condition that such third party agree to abide by M&B’s Privacy Policy as it applies to any Personally Identifiable Information such third party may receive in the course of such assignment or transfer. M&B, however, cannot and does not guarantee or warrant that such third party will in fact abide by M&B’s Privacy Policy, and M&B expressly disclaims any such obligations.

IX. Links to Other Websites

Our site may contain links to other sites (“Third Party Sites”). We do not necessarily endorse, sanction, or verify any of these Third Party Sites or anything posted on these sites, and we provide such links merely for the convenience of our users. Once you access a Third Party Site through a link on our site, you are subject to the privacy policy and terms and conditions of use of the Third Party Site. We have no control and bear no responsibility for any action or policy associated with any Third Party Site.

X. Ownership of Site Contents; Downloading

Unless otherwise noted, all text, images, illustrations, designs, icons, photographs, video clips, and other materials that are part of our site (collectively the “Contents”) are copyrighted works, trademarks, trade dress, or other intellectual properties owned, controlled, or licensed by M&B or used under principles of “fair use.” The Contents of our site and the site as a whole are intended solely for your personal use. You may download or copy the Contents and other downloadable materials displayed on our site for such personal use, provided that you do not remove any copyright or other proprietary notices contained on the materials. By allowing you to download these materials, we do not transfer to you any right, title, or interest in the materials.

XI. User Comments

All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted, or offered to M&B through our site or otherwise disclosed, submitted, or offered in connection with your use of our site (collectively “Comments”) shall be and remain the property of M&B. You agree that M&B may use or disclose Comments in any manner consistent with our Privacy Policy. M&B shall be free to use, without restriction and without compensation to you, any ideas, concepts, know-how, suggestions, or techniques contained in any Comments you send to us for any purpose whatsoever. M&B has no obligation to respond to any Comments, and we reserve the right, but undertake no duty, to review, edit, move, or delete any material posted by users on our site, in our sole discretion and without notice.

XII. Content of User-Posted Information; Other Use of Site

You are prohibited from posting or transmitting any advertising “spam,” unlawful material, or other material we deem otherwise inappropriate for our site. M&B disclaims all responsibility or liability arising from the content of any user postings. M&B reserves the sole discretion to deny, revoke, or otherwise restrict the access privileges of any user who at any time fails to comply with these Terms and Conditions.

XIII. Complaints Regarding Perceived Infringement

M&B respects intellectual property rights, and will terminate registered users (if applicable) and deny access to others who, in our discretion, repeatedly infringe the intellectual property rights of others. In addition, we will use reasonable efforts, in light of our resources, to accommodate generally accepted technical measures used by copyright owners to identify and protect their copyrighted works. If you believe materials posted on our site infringe rights you enjoy under copyright law in specific materials (collectively a “Work”), we request that you direct your concerns to our “Designated Agent” provided below and designated under the Digital Millennium Copyright Act (17 U.S.C. §512) (hereafter the “DMCA”). Your notice to our Designated Agent should follow the notice provisions set out in the DMCA. Additional information about the DMCA can be obtained from the website of the Copyright Office located at HYPERLINK "http://www.loc.gov" http://www.loc.gov. Upon receiving your notice, we agree to respond to it and, if appropriate, remove or disable access to material you believe infringes your Work.

Designated Agent: Sheila M. Heidmiller

Las Sendas Suite

7248 E. Tasman St.

Mesa, Arizona 85207

XIV. Disclaimer and Limitation of Liability

A. Disclaimer. While we use reasonable efforts to include accurate and up-to-date information on our site, we make no warranties or representations as to its accuracy. M&B assumes no liability or responsibility for any errors or omissions in the content on our site. OUR SITE AND ALL CONTENTS OF OUR SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE BY YOUR USE OF OUR SITE THAT YOUR USE OF OUR SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT M&B SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OUR SITE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

B. Limitation of Liability. Neither M&B nor any other party involved in creating, producing, or delivering our site shall be liable for any direct, incidental, consequential, special, indirect, or punitive damages arising out of your access to or use of our site.

XV. Indemnification

You agree to defend, indemnify and hold M&B harmless from and against any and all claims, damages, costs, and expenses, including attorney’s fees, arising from or related to your failure to comply with these Terms and Conditions.

XVI. Choice of Law and Jurisdiction

This Agreement shall be construed in accordance with the laws of the State of Colorado, without regard to any conflict of law provisions.

XVII. Correcting Information; Opting Out

If at any time you would like us to update or correct Personally Identifiable Information you have previously provided to us, feel free to contact us (see Section II above) and we will update or correct your Personally Identifiable Information to the extent your request does not compromise our Privacy Policy. In addition, if you request, we will use commercially reasonable efforts to remove your name and Personally Identifiable Information from any database(s) we may maintain. Please understand, however, that it may be impossible to remove information completely, due to backups and records of deletions.

XVIII. What To Do About Violations of Our Privacy Policy

If at any time you believe M&B has not adhered to the principles set forth in our Privacy Policy, please contact us (see Section II above). We will make all reasonable efforts to promptly address and resolve your concerns.

© 2009 Macheledt & Bales LLP. All rights reserved.


© 2009-2010 Macheledt Bales LLP. All rights reserved. Web Design by Zooma Design, LLC