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TERMS OF USE & PRIVACY POLICY

Important: Please read these Terms of Use carefully before accessing this website. 

These Terms of Use, which includes our Privacy Policy (collectively, “Terms of Use”), create a legal agreement between you and Smith Foster King LLP (“we” or “us”) that governs: (1) information that we make available through our website (the “Information”); (2) the nature of the relationship between you and us; (3) certain other matters of professional responsibility; (4) our use of your information gathered by us through our website; and (5) your use of our website, related systems, and the Information (collectively referred to as, our “Website”). By accessing any portion of our Website, you are indicating that you have read and understood, and that you agree to be bound by, these Terms of Use, which may be amended from time to time by us pursuant to the terms herein. If you do not agree to these Terms of Use, you are not permitted to access our Website. 

  1. No Legal Advice

The Information is made available for general informational purposes only, and is not intended to constitute specific legal advice or to be a substitute for advice from qualified counsel. Without limiting the foregoing, the Information may not reflect recent developments in the law, may not be complete, and may not be accurate in or applicable to your jurisdiction. Because the Information is general in nature and may not pertain to your specific circumstances, you should not act or refrain from acting based on any Information without first obtaining advice from professional counsel qualified in the applicable subject matter and jurisdictions. 

  1. No Attorney-Client Relationship

We have a policy of entering into attorney-client relationships with our clients only in accordance with certain procedures which include executing an engagement letter and addressing professional responsibility conflicts as required by the Bar Associations of the states in which we practice. You understand and agree that your access to our Website or receipt of the Information, or your transmission of electronic mail to an address on our Website, does not create an attorney-client relationship between you and us. 

  1. Other Matters of Professional Responsibility

No Advertising or Solicitation. Our Website is not intended to be an advertisement or solicitation, but may be deemed an advertisement in certain jurisdictions. 

Sensitive Communications. You agree that electronic mail sent by you to us will not be treated as confidential or invoke an attorney-client privilege; provided, however, that if you are an existing client of ours and you send an electronic mail to us pertaining to a matter in which we then represent you, such electronic mail may be entitled to be treated as confidential or privileged. Notwithstanding the foregoing, you acknowledge that electronic mail and the Internet are generally insecure media of communication, and we cannot guarantee the confidentiality of any electronic mail sent to or received by us or any information submitted by you through our Website. 

Authorized Jurisdictions; Certifications. Each attorney at our firm is licensed to practice only in those jurisdictions set forth in that attorney’s biography on our Website. Unless specifically stated, each attorney is not certified (including as a specialist) by any professional or government authority.  

Principal Office; Responsible Attorney. To the extent the requirements of the Bar Association in your jurisdiction require such designation: our principal office is in Portland Oregon and the responsible attorney for our Website is Jaimee King.  

No Warranty of Results. The Information may contain descriptions of matters in which our attorneys successfully represented their clients. The results of these matters were dependent on their specific circumstances, and are in no way intended to be predictive of future results, even in similar circumstances, or offer any type of guarantee or assurance of outcome. Information pertaining to current or former clients may not reflect the opinions of such clients. 

  1. Privacy 

With respect to information submitted or collected on our Website, you accept our privacy policy as set forth in this Section 4. This Section 4 does not pertain to, and we are not responsible for the privacy practices of, any third-party websites to which our Website hyperlinks.  

Activity Logging. When you use our Website, which may be hosted in part or its entirety by a third party, our Website will collect information indirectly and automatically (through, for example, the use of “cookies” or your “IP address”) about your activities. We may use this activity information (the “Activity Information”) for internal purposes such as to administer our Website, improve our Website, and help us understand how our Website is being used, including the demographics and “clickstreams” of visitors to our Website. “Cookies” are small pieces of information stored on your hard drive, not on our Website. You are always free to decline cookies if your browser permits, but in that case, some portions of our Website may not operate properly. An “IP address” is a number that is automatically assigned to your computer when you use the Internet. 

Personally Identifiable Information. Our Website is designed so that you may generally browse it without providing any Personally Identifiable Information (defined below). Certain areas of our Website, however, may require or allow the voluntarily submission of Personally Identifiable Information (for example, we may, in the future, offer you an opportunity to register for a presentation, or to receive a legal publication or newsletter from us). We use your Personally Identifiable Information for the purposes for which it was submitted by you to us. Except as otherwise set forth in this Section 4, we do not share your Personally Identifiable Information with third parties. “Personally Identifiable Information” means information that would allow someone to identify or contact you, such as your name, physical or electronic mail address, and telephone number; provided, however, that Personally Identifiable Information does not include aggregated information that, by itself, does not permit the identification of individual persons and does not include the Activity Information. 

Removal of Personally Identifiable Information. We will use reasonable efforts to remove your Personally Identifiable Information from our then current Website at any time upon your written request to . Such removal of Personally Identifiable Information will not ensure the permanent removal of such Personally Identifiable Information from our Website. For example, such Personally Identifiable Information may remain in the archival or backup copies of our Website. 

Additional Disclosure of Personally Identifiable Information. We may share Personally Identifiable Information with third parties, including affiliated firms and third parties performing services for or on our behalf. Such services may include communications, database management, website hosting, and marketing services. Additionally, we cannot fully ensure that your Personally Identifiable Information will not be disclosed to third parties. For example, we may be legally obligated to disclose information to the government or third parties under certain circumstances, third parties may circumvent our security measures to unlawfully intercept or access transmissions or private communications, or an error may occur in the administration of our Website. In the unlikely event that we need to investigate or resolve possible problems or inquiries, we may, and you authorize us to, disclose any information about you to government officials as permitted by applicable law. 

Miscellaneous Privacy Terms. We have implemented and follow appropriate technical measures to protect against the risks of unauthorized access to, erroneous disclosure of, and unlawful interception of Personally Identifiable Information. You should know, however, that we cannot fully eliminate such risks. We hope that this Section 4 clarifies our procedures regarding the collection, use and disclosure of your information, including Personally Identifiable Information. From time to time, we may modify this Section 4. Such modifications will be effective on the date that we post the modified statement to our Website. Questions or concerns regarding the privacy policy in this Section 4 may be submitted to .  

  1. General Terms of Use

Prohibited Uses. You will not use our Website in violation of any applicable law. Without limiting the foregoing, you will not use our Website in connection with (a) the infringement of intellectual property rights including our right in our marks and the information and images provided on our Website; (b) the unauthorized transmission of unsolicited commercial electronic mail; (c) the transmission of defamatory materials; or (d) fraud. You will not violate, attempt to violate, or knowingly facilitate the violation of the security (including access control or authentication systems) or integrity of our Website. 

Copyright in Information. Our Website, including the Information, is protected by United States and international copyright laws. All rights are reserved. Subject to these Terms of Use, we grant to you a limited, nonexclusive, personal license to access, view, download, and print the Information solely for noncommercial and informational purposes. You may not modify the Information in any way and you may not remove or obscure any copyright or permission notices provided on or in connection with the Information. We do not grant to you any rights in our marks.  

Electronic Mail. Subject to this Section 5, you may send electronic mail to those addresses made available on our Website for the purposes of responding to or making inquiries regarding our law firm. You agree to cease sending electronic mail to any of our email addresses upon our request. 

No Warranties. OUR WEBSITE IS PROVIDED TO YOU “AS IS.” YOUR ACCESS AND USE OF OUR WEBSITE IS AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY THE LAW AND RULES OF PROFESSIONAL RESPONSIBILITY IN THE APPLICABLE JURISDICTION, SMITH FOSTER KING LLP DISCLAIMS ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, QUIET ENJOYMENT, AND UNINTERRUPTED OR ERROR FREE OPERATION. 

Disclaimer of Liability. TO THE EXTENT PERMITTED BY THE LAW AND RULES OF PROFESSIONAL RESPONSIBILITY IN THE APPLICABLE JURISDICTION, SMITH FOSTER KING LLP DISCLAIMS LIABILITY FOR ANY LOST PROFITS OR INCOME, LOST BUSINESS, OR LOST DATA, OR FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES ARISING FROM OR RELATING TO OUR WEBSITE. 

Third Party Information. We may hyperlink to or otherwise make third party information available on our Website. This is done solely for the purposes of convenience. We do not endorse or approve of any such third-party information or such third-parties. 

Miscellaneous. You agree that any dispute arising out of or in connection with our Website, or these Terms of Use, including our privacy policy, will be governed by the laws of the State of Oregon without reference to conflict of laws principles that would require the application of the laws of any other jurisdiction, and you submit to the exclusive jurisdiction and venue of the state and federal courts located in Multnomah County, Oregon. If you gain access to information not intended to be accessed by you, you agree that you will immediately notify us and lawfully destroy all copies of such information in your possession. We may be contacted at .