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Privacy Policy

Terms and Conditions

These terms and conditions are entered into by and between you and Mackenzie Hughes LLP (“MH,” the “Firm,” “we,” or “us”).  The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the “Terms of Use”), govern your access to and use of  https://www.mackenziehughes.com/ (“Website”) along with utilizing an SMS text messaging platform (the “Text Message Service” (collectively, the “Services”). 

Please read the Terms of Use carefully before you start to use the Services.  By using the Services, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, available at https://www.mackenziehughes.com/privacy-policy/, which is incorporated herein by reference.  If you do not agree to these Terms of Use, or our Privacy Policy, you must not access or use the Services. 

These Services are offered and available to users who are 18 years of age or older.  By using the Services, you represent and warrant that you are of legal age and meet all of the foregoing eligibility requirements.  If you do not meet all of these requirements, you must not access or use the Services.

Legal Notice Disclaimer

No attorney-client relationship is created by your use of the Website.  No attorney-client relationship between you and MH is or may be created by your access to or use of the Website or any information contained on it, including any and all other websites owned or operated by MH.  The only way to become a MH client is through a mutual agreement executed in writing.  Further, none of the information on the Website constitutes legal advice, nor does it necessarily reflect the opinions of MH, our attorneys or our clients.  

The Website and the materials made available through it are intended as a general overview and discussion of the referenced subjects.  It is not intended and should not be used as a substitute for legal advice in any situation.  The material and information provided on the Website are current as of the date on which they are posted.  Relevant law may have changed in the meantime.  MH accepts no responsibility for any actions taken or not taken on the basis of these representations.  

If you would like us to represent you, please call or email us, or contact us through the “Contact Us” feature available on our Website.  This will allow us to determine whether the matter with which you seek assistance is one for which we are able to accept professional responsibility.  If you submit information to us by email or otherwise, you acknowledge that it will be considered to be confidential and when applicable, shall be subject to attorney-client, work product, and related privileges.  We reserve the right to decline any representation and may be required to do so if it would create a conflict of interest with any of our current or former clients.   

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion.  We reserve the right to update, change or replace any part of these Terms of Use at any time by posting updates and/or changes to the Website.  All changes to the Terms of Use are effective immediately.  You can review the most current version of the Terms of Use on this page at any time.  It is your responsibility to check this page periodically for changes. 

Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes. 

Access and Use of Services

You are responsible for ensuring that all persons who access the Website through your internet connection and use or access communication sent and received through the Text Message Service are aware of these Terms of Use and comply with them.

It is a condition of your use of the Services that all the information you provide is correct, current, and complete.  You agree that all information you provide, including, but not limited to, through the use of any interactive features on the Services, is governed by our Privacy Policy, available at https://www.mackenziehughes.com/privacy-policy/, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Website

We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, in our sole discretion with or without notice.  We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period.  From time to time, we may restrict access to some parts of the Website, or the entire Website. 

The information presented on or through the Website is made available solely for general information purposes.  

Text Message Service

The Text Message Service is for conversational person-to-person communication between you and Mackenzie Hughes’ attorneys and employees.  Opt-in consent for communicating through the Text Message Service may be granted verbally or written.  Mackenzie Hughes will never send unsolicited SMS text messages; however, we may send you an initial message providing details about the Text Message Service.  The frequency of text messages will vary based on what is necessary to communicate effectively during the course of legal representation.  All Text Message Service communication will be considered confidential and, when applicable, shall be subject to attorney-client, work product, and related privileges.

By consenting to communication through the Text Message Service using your mobile phone number, you also agree to this Privacy Policy; Terms & Conditions; and use of an electronic record to document your agreement.  

You may withdraw your consent and opt-out to the use of the electric record and Text Message Service by replying with the word STOP to any text message.  As a person-to-person communication service, opt-out requests are specific to each conversation between you and associated Mackenzie Hughes phone number.  After opting out, we may send you confirmation of your opt-out request via text message.

Message and data rates may apply, depending on your plan with your wireless or other applicable provider, you may be charged by your carrier or other applicable provider.

For assistance, reply HELP or contact us at info@mackenziehughes.com.

Intellectual Property Rights

The Website and its entire 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 MH, its 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.

These Terms of Use permit you to use the Services for your personal, non-commercial use only.  You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website or communication through the Text Message Service, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials, including but not limited to Session Cookies, Preference Cookies and Security Cookies.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may store communication sent and received through the Text Message Service for personal use.

You may print or download copies of a reasonable number of pages of the Website or communication sent and received through the Text Message Service for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

You must not:

  • Modify copies of any materials or communication from the Services.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials or communication from the Services.
  • You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Services. 

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part, or communication in whole, of the Services in breach of the Terms of Use, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.  No right, title, or interest in or to the Services or any content on the Services are transferred to you, and all rights not expressly granted are reserved by MH.  Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Firm name, the MH logo, and all related names, logos, product and service names, designs, and slogans are trademarks of MH or its affiliates or licensors.  You must not use such marks without the prior written permission of MH.  All other names, logos, product and service names, designs, and slogans used within the Services are the trademarks of their respective owners.

Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms of Use.  You agree not to use the Services:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). 
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
  • To impersonate or attempt to impersonate MH, an MH employee or representative, another user, or any other person or entity (including, without limitation, by using email addresses, usernames, or other identifiers associated with any of the foregoing).
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” chain letter,” “spam,” or any other similar solicitation.
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm MH or users of the Services, or expose them to liability.

Additionally, you agree not to:

  • Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services, including their ability to engage in real time activities or communication through the Services.
  • Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
  • Use any manual process to monitor or copy any of the material or communication within the Services, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Services.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Website or SMS text messaging platform is stored, or any server, computer, or database connected to the Services. 
  • Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Services.
  • User Contributions

Monitoring and Enforcement; Termination

We have the right to:

  • Take any action with respect to any communication or use of the Services that we deem necessary or appropriate in our sole discretion, including if we believe that such communication or use of the Services violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for the Firm.
  • Disclose your identity or other information about you to any third party who claims that communication or use of the Services by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services. 
  • Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Use.
  • Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone violating the Terms of Use.  You waive and hold harmless MH and its affiliates, licensees, and service providers from any claims resulting from any action taken by MH during, or taken as a consequence of, investigations by either MH or law enforcement authorities.

We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.  We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. 

Content Standards

These content standards apply to any and all communication through and use of the Services and must in their entirety comply with all applicable federal, state, local, and international laws and regulations.  Without limiting the foregoing, communication through and use of the Services must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy, available at https://www.mackenziehughes.com/privacy-policy/.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person or misrepresent your identity or affiliation with any person or organization. 
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement

If you believe that any communication through or use of the Services violates your copyright, please contact:  info@mackenziehughes.com

Information Collected

All information we collect through the Services is subject to our Privacy Policy, available at https://www.mackenziehughes.com/privacy-policy/.  By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. 

Linking to the Website 

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. 

Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other website, for example, framing, deep linking, or in-line linking.
  • Link to any part of the Website other than the homepage.
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.
  • The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop.  We reserve the right to withdraw linking permission without notice.

Links to Third-Party Websites

Content on the Website or communication through the Text Message Service may contain links to other websites and resources provided by third parties.  These third-party websites are not controlled or operated by MH.  This includes links contained in advertisements, including banner advertisements and sponsored links.  We are not responsible for examining or evaluating the content or accuracy of these websites and the materials available thereon.  We do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.  We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.  If you decide to access any of the third-party websites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.  Please carefully review any third-party’s policies and practices and make sure you understand them before you engage in any transaction.  Complaints, claims, concerns, or questions regarding third-party content, representations, goods or services should be directed to the third-party.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL MH, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, 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, THE SERVICES, ANY WEBSITES LINKED TO THE MH WEBSITE, ANY CONTENT ON THE WEBSITE OR COMMUNICATION THROUGH THE TEXT MESSAGING PLATFORM, 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 THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless MH, its affiliates, licensors, and service providers, and its 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 of Use or your use of the Services, including, but not limited to, any use of the Services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from or through the Services.  The indemnity does not apply to events arising directly from an attorney-client relationship, if any, that may be entered between you and MH. 

Governing Law and Jurisdiction

All matters relating to the Services and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, in each case located in the City of Syracuse and County of Onondaga, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country.  You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At MH’s sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York State law.

Waiver and Severability

No waiver by MH of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of MH to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. 

Entire Agreement

These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and MH regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Your Comments and Concerns

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: info@mackenziehughes.com