Acceptable Use Policy
Date Posted: April 1, 2020
A. Unacceptable Use - The Law Offices of Robert Grant Pennell, LLC (hereinafter “RGP-Law”) requires that all clients and other users of this website, located at www.RGP-Law.com (hereinafter “Website”) conduct themselves with respect for others. Specifically, observe the following rules in your use of the Website:
1) Abusive Behavior: Do not harass, threaten, or defame any person or entity. Do not contact any person who has requested no further contact. Do not use ethnic or religious slurs against any person or group.
2) Privacy: Do not violate the privacy rights of any person. Do not collect or disclose any personal address, social security number, or other personally identifiable information without each holder's written permission. Do not cooperate in or facilitate identity theft.
3) Intellectual Property: Do not infringe upon the copyrights, trademarks, trade secrets, or other intellectual property rights of any person or entity. Do not reproduce, publish or disseminate software, audio recordings, video recording, photographs, articles, or other works of authorship without the written permission of the copyright holder.
4) Hacking, Viruses, & Network Attacks: Do not access any computer or communications system without authorization, including the computers used to provide access to the Website, or upon which the Website operates. Do not attempt to penetrate or disable any security system. Do not intentionally distribute a computer virus, launch a denial of service attack, or in any other way attempt to interfere with the functioning of any computer, communications system, or website. Do not attempt to access or otherwise interfere with the accounts of other users of the Website.
5) Spam: Do not send bulk unsolicited e-mails (hereinafter "Spam") or sell or market any product or service advertised by or connected with Spam. Do not facilitate or cooperate in the dissemination of Spam in any way. Do not violate the CAN-Spam Act of 2003.
6) Fraud: Do not issue fraudulent offers to sell or buy products, services, or investments. Do not mislead anyone about the details or nature of a commercial transaction. Do not commit fraud in any other way.
7) Violations of Law: Do not violate any law.
B. Consequences of Violation - Violation of this Acceptable Use Policy (hereinafter "AUP") may lead to suspension or termination of the user's account or legal action. In addition, the user may be required to pay for the costs of investigation and remedial action related to AUP violations. RGP-Law reserves the right to take any other remedial action it sees fit in its sole discretion.
C. Reporting Unacceptable Use - We request that anyone with information about a violation of this UAP report via e-mail to the following address: RobertPennell@RGP-Law.com. Please provide the date and time (with time zone) of the violation and any identifying information regarding the violator, including e-mail or IP (Internet Protocol) address if available, as well as details of the violation.
D. Revision of AUP - RGP-Law may change this AUP at any time by posting a new version on this page and sending the user a written notice thereof. The new version will become effective on the date of such notice.
Effective Date: April 1, 2020
A. PII RGP-Law Collects - RGP-Law may collect some or all of the following PII from clients who purchase its services and/or users that submit questions/assistance through the “Contact Me” page: name, e-mail address, telephone number, address, and credit card number. RGP-Law also uses "cookies" to collect certain information from all users, including Web visitors who don't purchase anything through the Website. A cookie is a string of data RGP-Law’s system sends to your computer and then uses to identify your computer when you return to the Website. Cookies give RGP-Law usage data, like how often you visit, where you go at the site, and what you do.
C. Contractor and Other Third-Party Access to PII - RGP-Law may give certain independent contractors access to PII. Those contractors assist RGP-Law with hosting and storage of this Website, tracking Website use, and communications with Website users. Any and all such contractors, if any, are required to keep personal data confidential and to use it only as RGP-Law instructs.
RGP-Law also may disclose PII to attorneys, collection agencies, or law enforcement authorities to address potential violations of its Acceptable Use Policy, other contract violations, or illegal behavior. RGP-Law will disclose any information demanded in a court order or otherwise required by law or to prevent imminent harm to persons or property. Finally, RGP-Law may share PII in connection with a corporate transaction, like a merger or sale of this company, or a sale of all or substantially all of its assets or of the service line you received from us, or a bankruptcy.
As noted above, RGP-Law compiles Website usage statistics from data collected through cookies. RGP-Law may publish those statistics or share them with third parties, but they don't include PII.
D. Protection of PII - RGP-Law protects the data you send in contact forms (name and e-mail address) by storing it on password-protected computers and by sharing it only with contractors who have agreed to use it only as we instruct and within the law. However, you should be aware that, once we use information in a contact form to send you an e-mail, that information is outside of our control and our contractors’ control and could be compromised online. Although RGP-Law takes all reasonable efforts to secure such PII, RGP-Law cannot guarantee the security of your personal data. By using our Website, you acknowledge and agree that RGP-Law makes no such guarantee and that you use the Website at your own risk.
E. Accessing and Correcting Your PII - You can access and change any PII we store by contacting RGP-Law via e-mail, at RobertPennell@RGP-Law.com
Terms of Service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY USING THIS WEBSITE, USER AGREES TO THESE TERMS AND CONDITIONS.
These Terms of Service constitute an agreement (hereinafter “Agreement”) by and between The Law Offices Robert Grant Pennell, LLC a Missouri limited liability company whose principal place of business is in Saint Louis Missouri (hereinafter “RGP-Law”) and the person, corporation, LLC, partnership, sole proprietorship, or other business entity entering into this Agreement be it a client, potential client or merely someone seeking general information (hereinafter “User”). User’s use of and RGP-Law’s grant of access to its website located at www.RGP-Law.com (hereinafter “Website”) are governed by this Agreement. This Agreement is effective as of the date User first accesses and uses the website (hereinafter “Effective Date”).
EACH PARTY ACKNOWLEDGES THAT IT HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS, AND THAT THE PERSON USING AND/OR CONTINUING TO USE THIS WEBSITE ON ITS BEHALF HAS BEEN AUTHORIZED TO DO SO, AND REPRESENTS THAT HE OR SHE HAS THE AUTHORITY TO BIND USER TO THESE TERMS AND CONDITIONS.
A. DEFINITIONS. The following capitalized terms will have the following meanings whenever used in this Agreement.
1) “AUP” means RGP-Law’s Acceptable Use Policy currently posted on the Website.
2) “User Data” means data in electronic form input or collected through the Website by or from Users including those purporting to be acting on User’s behalf.
3) “Feedback” means any suggestion or idea for improving or otherwise modifying RGP-Law’s Website or any of its products or services.
5) “User” includes any individual who accesses or uses the Website on User’s behalf or through User’s account/passwords (if any), whether or not authorized to do so.
2) Website Revisions. RGP-Law may revise the Website content, features, and/or functions at any time, including without limitation by removing such content, features, and/or functions in its sole discretion.
C. USER DATA & PRIVACY.
1) Use of User Data. Unless it receives User’s prior written consent, RGP-Law: (a) shall not access, process, or otherwise use User Data other than as necessary to facilitate the Website; and (b) shall not intentionally grant any third party access to User Data, including without limitation the Website’s other Users, except subcontractors that are subject to a reasonable nondisclosure agreement. Notwithstanding the foregoing, RGP-Law may disclose User Data as required by applicable law or by proper legal or governmental authority. RGP-Law shall give User prompt notice of any such legal or governmental demand and reasonably cooperate with User in any effort to seek a protective order or otherwise to contest such required disclosure, at User’s expense. As between the parties, RGP-Law retains ownership of User Data.
3) Data Accuracy & Deletion. RGP-Law shall have no responsibility or liability for the accuracy of data entered or submitted to the Website by User, including without limitation User Data and any other data by Users. RGP-Law may permanently erase User Data retained by RGP-Law at any time at its sole discretion.
D. USER’S RESPONSIBILITIES & RESTRICTIONS.
1) Acceptable Use. Users shall comply with the AUP. Users shall not: (a) use the Website for service bureau or time-sharing purposes or in any other way allow third parties to exploit the Website; (b) provide Website passwords or other log-in information (if any) to any third party; (c) access the Website in order to build a competitive product or service, to build a product using similar ideas, features, functions or graphics of the Website, or to copy any ideas, features, functions or graphics of the Website; or (d) engage in web scraping or data scraping on or related to the Website, including without limitation collection of information through any software that simulates human activity or any bot or web crawler. In the event that RGP-Law suspects any breach of the requirements of this provision D.1), including without limitation by Users, RGP-Law may suspend User’s access to the Website without advanced notice, in addition to such other remedies as RGP-Law may have. Neither this Agreement nor the AUP requires that RGP-Law take any action against User or other third party for violating the AUP, this provision D.1), or this Agreement, but RGP-Law is free to take any such action it sees fit.
2) Unauthorized Access. User shall take reasonable steps to prevent unauthorized access to the Website, including without limitation by protecting its passwords and other log-in information if any. User shall notify RGP-Law immediately of any known or suspected unauthorized use of the Website or breach of its security and shall use best efforts to stop said breach.
3) Compliance with Laws. In its use of the Website, User shall comply with all applicable laws, including without limitation laws governing the protection of personally identifiable information and other laws applicable to the protection of User Data.
4) Users & Website Access. User is responsible and liable for: its Users’ use of the Website, including without limitation unauthorized User conduct and any User conduct that would violate the AUP or the requirements of this Agreement applicable to User, whether authorized or unauthorized.
E. INTELLECTUAL PROPERTY & FEEDBACK.
1) Intellectual Property Rights to the Website. RGP-Law retains all right, title, and interest in and to the Website, including without limitation all software used to provide the Website and all graphics, user interfaces, logos, and trademarks reproduced through the Website. This Agreement does not grant User any intellectual property license or rights in or to the Website or any of its components. The User recognizes that the Website and its components are protected by copyright and other laws.
2) Feedback. RGP-Law has not agreed to and does not agree to treat as confidential any Feedback User provides to RGP-Law, and nothing in this Agreement or in the parties’ dealings arising out of or related to this Agreement will restrict RGP-Law’s right to use, profit from, disclose, publish, keep secret, or otherwise exploit Feedback, without compensating or crediting User in question. Notwithstanding the provisions of F below, Feedback will not be considered Confidential Information.
F. CONFIDENTIAL INFORMATION. “Confidential Information” refers to the following items RGP-Law discloses to User: (a) any document RGP-Law marks “Confidential”; and (b) any other nonpublic, sensitive information User should reasonably consider a trade secret or otherwise confidential. Notwithstanding the foregoing, Confidential Information does not include information that: (i) is already in User’s possession at the time of disclosure; (ii) is independently developed by User without the use of or reference to Confidential Information; (iii) becomes known publicly, before or after disclosure, other than as a result of User’s improper action or inaction; or (iv) is approved for release in writing by RGP-Law to User. The User is on notice that the Confidential Information may include RGP-Law’s valuable trade secrets.
1) Nondisclosure. The User shall not use Confidential Information for any purpose not specifically provided for in this Agreement. User: (a) shall not disclose Confidential Information to any other person, including an employee or contractor of User unless such person needs access for a permitted purpose expressly stated herein and executes a nondisclosure agreement with User with terms no less restrictive than those of this Section F, and (b) shall not disclose Confidential Information to any other third party without RGP-Law’s prior written consent. Without limiting the generality of the foregoing, User shall protect Confidential Information with the same degree of care it uses to protect its own confidential information of similar nature and importance, but with no less than reasonable care. User shall promptly notify RGP-Law of any misuse or misappropriation of Confidential Information that comes to User’s attention. Notwithstanding the foregoing, User may disclose Confidential Information as required by applicable law or by proper legal or governmental authority. User shall give RGP-Law prompt notice of any such legal or governmental demand and reasonably cooperate with RGP-Law in any effort to seek a protective order or otherwise to contest such required disclosure, at RGP-Law’s expense.
2) Injunction. User agrees that breach of this Section F would cause RGP-Law irreparable injury, for which monetary damages would not provide adequate compensation, and that in addition to any other remedy, RGP-Law will be entitled to injunctive relief against such breach or threatened breach, without proving actual damage or posting a bond or other security.
3) Termination & Return. With respect to each item of Confidential Information, the obligations of provision F.1) above shall survive the termination of this Agreement as such Confidential Information constitutes RGP-Law’s trade secrets and will continue so long as such information remains subject to trade secret protection pursuant to applicable law. Upon termination of this Agreement, User shall return all copies of Confidential Information to RGP-Law or certify, in writing, the destruction thereof.
4) Retention of Rights. This Agreement does not transfer ownership of Confidential Information or grant a license thereto. RGP-Law will retain all right, title, and interest in and to all Confidential Information.
5) Exception & Immunity. Pursuant to the Defend Trade Secrets Act of 2016, 18 USC Section 1833(b), User is on notice and acknowledges that notwithstanding the foregoing or any other provision of this Agreement:
a) Immunity. An individual shall not be held criminally or civilly liable under any Federal or State trade secret law for the disclosure of a trade secret that: (A) is made (i) in confidence to a Federal, State, or local government official, either directly or indirectly, or to an individual’s attorney; and (ii) solely for the purpose of reporting or investigating a suspected violation of law; or (B) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.
b) Use of Trade Secret Information in Anti-Retaliation Lawsuit. An individual who files a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose the trade secret to the attorney of the individual and use the trade secret information in the court proceeding if the individual: (A) files any document containing the trade secret under seal; and (B) does not disclose the trade secret, except pursuant to a court order.
G. REPRESENTATIONS & WARRANTIES.
1) RGP-Law’s Representations & Warranties. RGP-Law represents and warrants that it is the owner of the Website and of each and every component thereof, or the recipient of a valid license thereto and that it has and will maintain the full power and authority to grant the rights to use the Website set forth in this Agreement without the further consent of any third party. RGP-Law’s representations and warranties in the preceding sentence do not apply to the use of the Website in combination with hardware or software not provided by RGP-Law.
2) User’s Representations & Warranties. User represents and warrants that: (a) it has the full right and authority to enter into, execute, and perform its obligations under this Agreement and that no pending or threatened claim or litigation known to it would have a material adverse impact on its ability to perform as required by this Agreement; (b) it has accurately identified itself and it has not provided any inaccurate information about itself to or through the Website; and (c) it is an individual, a corporation, a limited liability company, the sole proprietorship of an individual 18 years or older, or any other entity authorized to do business pursuant to applicable law.
3) Warranty Disclaimers. USER ACCEPTS THE WEBSITE “AS IS” AND AS AVAILABLE, WITH NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING: (a) RGP-LAW HAS NO OBLIGATION TO INDEMNIFY OR DEFEND USER AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY; (b) RGP-LAW DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE WILL PERFORM WITHOUT INTERRUPTION OR ERROR; AND (c) RGP-LAW DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE IS SECURE FROM HACKING OR OTHER UNAUTHORIZED INTRUSION OR THAT USER DATA WILL REMAIN PRIVATE OR SECURE.
H. LIMITATION OF LIABILITY. IN NO EVENT WILL RGP-LAW BE LIABLE FOR LOST PROFITS OR LOSS OF BUSINESS OR FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT. THE LIABILITIES LIMITED BY THIS PARAGRAPH APPLY: (a) TO LIABILITY FOR NEGLIGENCE; (b) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE; (c) EVEN IF RGP-LAW IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND (d) EVEN IF USER’S REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.
I. GENERAL PROVISIONS.
1) Independent Contractors. The parties are independent contractors and shall so represent themselves in all regards. Neither party is the agent of the other, and neither may make commitments on the other’s behalf.
2) Notices. RGP-Law may send notices pursuant to this Agreement to User’s email contact points provided by User, and such notices will be deemed received twenty-four (24) hours after they are sent. The User may send notices pursuant to this Agreement to RobertPennell@RGP-Law.com, and such notices will be deemed received seventy-two (72) hours after they are sent.
3) Force Majeure. No delay, failure, or default, other than a failure to pay fees when due, will constitute a breach of this Agreement to the extent caused by acts of war, terrorism, hurricanes, earthquakes, pandemics, other acts of God or of nature, strikes or other labor disputes, riots or other acts of civil disorder, embargoes, or other causes beyond the performing party’s reasonable control.
4) Assignment & Successors. User may not assign this Agreement or any of its rights or obligations hereunder without RGP-Law’s express written consent. Except to the extent forbidden in this paragraph I.4), this Agreement will be binding upon and inure to the benefit of the parties’ respective successors and assigns.
5) Severability. To the extent permitted by applicable law, the parties hereby waive any provision of law that would render any clause of this Agreement invalid or otherwise unenforceable in any respect. In the event that a provision of this Agreement is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement will continue in full force and effect.
6) No Waiver. Neither party will be deemed to have waived any of its rights under this Agreement by lapse of time or by any statement or representation other than by an authorized representative in an explicit written waiver. No waiver of a breach of this Agreement will constitute a waiver of any other breach of this Agreement.
7) Choice of Law & Jurisdiction: This Agreement and all claims arising out of or related to this Agreement will be governed solely by the internal laws of the State of Missouri, including without limitation applicable federal law, without reference to (a) any conflicts of law principle that would apply the substantive laws of another jurisdiction to the parties’ rights or duties; (b) the 1980 United Nations Convention on Contracts for the International Sale of Goods; or (c) other international laws. The parties consent to the personal and exclusive jurisdiction of the federal and state courts of Saint Louis County, Missouri. This provision K.7) governs all claims arising out of or related to this Agreement, including without limitation tort claims.
9) Technology Export. User shall not: (a) permit any third party to access or use the Website in violation of any U.S. law or regulation; or (b) export any software provided by RGP-Law or otherwise remove it from the United States except in compliance with all applicable U.S. laws and regulations. Without limiting the generality of the foregoing, User shall not permit any third party to access or use the Website in, or export such software to, a country subject to a United States embargo (as of the Effective Date, Cuba, Iran, North Korea, Sudan, and Syria).
10) Entire Agreement. This Agreement sets forth the entire agreement of the parties and supersedes all prior or contemporaneous writings, negotiations, and discussions with respect to its subject matter. Neither party has relied upon any such prior or contemporaneous communications.