Privacy Policy & Terms of Use

Privacy Statement

ByrdAdatto gathers only aggregated information concerning those who visit our site. Unless you communicate with us through this site as specified in the Submission Section, we will not obtain individual information. If you do communicate with us through this site, we will use the information you provide as is appropriate. Such use does not constitute an attorney-client relationship. We will not sell or share such information with or to third parties. We will not disclose individual information to third parties other than attorneys in the firm, unless specifically authorized or compelled to do so by legal process.

Terms of Use

These Terms of Use set forth the terms and conditions upon which you may access and use the ByrdAdatto website (“Site”). You agree to comply with all terms, conditions, and restrictions set forth in these Terms of Use. “You” and “your” means you, as an individual, and/or the legal entity on behalf of which you are acting as the authorized agent or legal representative as identified by you during registration.

Permitted Uses and Reservations

Subject to your compliance with and these Terms of Use, ByrdAdatto grants you a limited, non-exclusive, nontransferable right for so long as you remain an Access+ member in good standing and in compliance with these Terms of Use for your internal business operations only, to access and use the Site. ByrdAdatto reserves all rights not expressly granted to you under these Terms of Use. Except as expressly set forth in these Terms of Use, you will not distribute or otherwise make available the Site, any of its content, or any portion of the foregoing, in any form to any third party. All rights you have to access and use the Site expire upon the earlier of any expiration or termination of your right to access and use the Site under these Terms of Use.

Registration

When registering, you agree to provide current, accurate, and complete information required to register with the Site and at other points as may be required in the course of using the Site (“Registration Information”). You must have a valid email address to become a registered user of the Site. Further, you agree to maintain and update your Registration Information as required to keep it current, accurate, and complete. You agree that ByrdAdatto may store and use the Registration Information you provide for use in maintaining your account. ByrdAdatto has the right to confirm or otherwise verify or check, in their sole discretion, the truth and accuracy of any registration information at any time. Verification of your registration information, specifically, your name, address and/or tax identification number, against a third party database may be considered to constitute a “credit check” under certain laws. ByrdAdatto will not make, as part of the registration process, and will not otherwise make, any type of inquiry to any third party regarding any individual’s credit history and personal financial information without first obtaining such individual’s express authorization to do so. ByrdAdatto may terminate your rights to any part of or the entire Site if any information you provide is false, incomplete, or inaccurate.

User Account

As a registered user of the Site, you will establish a user account (“User Account”) along with user ID(s) and password(s) (“Login Information”). You will employ the security measures necessary to prevent unauthorized users from accessing the Site and your Login Information. You are solely responsible for the maintenance of your Login Information and your User Account. You accept sole responsibility for, and will be liable for all access to the Site in connection with your Login Information and User Account. You will inform all authorized persons who are given access by you to the Site that such materials are confidential and licensed to you as such. Without the prior written consent and such third party entering into a written agreement with ByrdAdatto, you will not utilize the services of any third party to assist you in using the Site. You will be responsible for all activities that occur under or in connection with your User Account and Login Information. If you are an entity, only your bona fide employees, duly authorized agents, and representatives may use the Site under your User Account and these Terms of Use applies to all of your employees, representatives, agents, and any other person or entity that accesses the Site through your User Account.

No Legal Advice

ByrdAdatto has prepared the content of this Site for informational purposes only and is not intended to constitute advertising or serve as a source for legal advice. Since we are not providing legal advice through the Site, you should not rely upon any information contained on this Site for any purpose without seeking legal advice from a duly licensed attorney competent to practice law in your jurisdiction. Should you have any questions specific to you or your situation related to information provided on this Site, please do not hesitate to contact us.

Tax Notice

To ensure compliance with IRS Circular 230 Notice requirements imposed by the IRS, ByrdAdatto informs you that any U.S. tax advice contained on this Site, including any communications through this Site, are not intended or written to be used, and cannot be used, for the purpose of (a) avoiding penalties under the Internal Revenue Code or (b) promoting, marketing or recommending to another party any transaction or matter addressed on this Site.

Actions Prohibited

You agree not to use the Site to do any of the following: (a) scan, probe, or test the vulnerability of the Site or any service connected to the Site, nor breach the authentication or security measures on the Site or any network connected to the Site; (b) trace, seek to trace, reverse look-up any information on any other user of or visitor to the Site, or any other client of ByrdAdatto, including any ByrdAdatto account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site; (c) Attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any server of ByrdAdatto, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means; (d) use any “spider,” “robot,” “deep-link,” “page-scrape,” or other automatic device, program, methodology or algorithm, or any similar or equivalent manual process, to acquire, access, copy or monitor any portion of the Site, or in any way reproduce or circumvent the navigational structure or presentation of the Site, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site; (e) use any software, device, or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site; (f) take any action, intentionally or unintentionally, that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or the systems or networks of ByrdAdatto, or any systems or networks connected to ByrdAdatto or the Site; (g) use the Site for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of ByrdAdatto or others; (h) transmit or communicate any data that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable; (i) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (j) forge headers or otherwise manipulate identifiers in order to disguise the origin of any data transmitted to other parties; (k) transmit, access or communicate any data that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); (l) transmit, access or communicate any data that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (m) transmit or communicate any data that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or any telecommunications equipment; (n) interfere with service to any user of the Site, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “spamming”, “mail bombing” or “crashing” or otherwise interfere with or disrupt or circumvent the Site; (o) violate any applicable local, state, national or international law, including securities exchange and any regulations, requirements, procedures or policies in force from time to time relating to the Site; (p) monitor traffic or make search requests in order to accumulate information about individual users or collect or store personal data about other users; or (q) modify, delete, or damage any information contained on the personal computer of any Site user.

Third-Party Sites

This Site may contain links to other independent third-party websites and URLs (collectively, “Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under the control of ByrdAdatto, and ByrdAdatto is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. ByrdAdatto does not have any responsibility or liability for any information, data, communications or materials available on such third-party sites. You therefore access these Linked Sites at your own risk.

Ownership and Title

All title to and the rights in the Site and its content, including ownership rights to patents (registrations, renewals, and pending applications), copyrights, trademarks, service marks, domain names, trade dress, trade secrets, ByrdAdatto’s or third party other technology, any derivatives of and all goodwill associated with the foregoing is the exclusive property of ByrdAdatto and/or third parties.

Reverse Engineering

You agree not to reverse engineer, decompile, or disassemble the Platform or any aspect of the Platform, except where applicable law permits it despite this limitation. Further, you agree not to alter, duplicate, modify, rent, lease, loan, sublicense, make copies, create derivative works from, distribute or provide others with the Site, in whole or part, or transmit or communicate the Site over a network or to any third party.

Trademarks

Trademarks, service marks, graphics and logos used in connection with the Site are the trademarks of their respective owners. You are not granted any right or license with respect to any of the trademarks mentioned above and any use of such trademarks.

Representations and Warranties

ByrdAdatto makes no warranties or representations of any kind concerning any information made available on or through this Site. The content of this Site is provided only as general information. ByrdAdatto disclaims all liability with respect to actions taken or not taken based upon such information or with respect to any errors or omissions in such information. Unless otherwise expressly indicated in the individual biographies of ByrdAdatto attorneys, the attorneys listed in this Site are not certified by the Texas Board of Legal Specialization.

You represent, warrant, and covenant to ByrdAdatto the following: (a) all information you provide to ByrdAdatto as part of the registration process or otherwise will be truthful, accurate and complete, irrespective of any independent verification or other determination made by ByrdAdatto; (b) these Terms of Use have been duly and validly authorized, accepted, agreed to, and delivered by you (or your authorized representative) and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with these Terms of Use; and (c) the performance by you of these Terms of Use and your use of the Site does not and will not conflict with or violate (1) any law, rule, regulation, order, judgment, decree, agreement, instrument, or obligation applicable to you, or (2) if you are an entity, any provision of your organizational or governing documents.

Disclaimer of Warranties

The site and any third party technology are made available on an “as is” and “as available” basis without warranties of any kind, either express or implied, including warranties of title, non-infringement, and implied warranties of merchantability or fitness for a particular purpose. Without limiting the generality of the foregoing, ByrdAdatto, its licensors, and suppliers make no warranty, representation, or guaranty: (1) as to the content, sequence, accuracy, timeliness, relevance, or completeness of any content; (2) as to any information offered or provided within or through the service; or (3) that the service may be relied upon for any reason, will be uninterrupted or error free, or that any defects can or will be corrected. Further, your use of the service and any third party technology is at your own risk. ByrdAdatto does not warrant that the service or third party technology will meet your specific requirements. To the extent that ByrdAdatto may not disclaim any warranty as a matter of applicable law, the scope and duration of such warranty will be the minimum permitted under such law.

Term and Termination

These Terms of Use commence when you first access the Site and continue until your right to access and use the Site under these Terms of Use is otherwise terminated in accordance with these Terms of Use. ByrdAdatto may suspend or terminate your access to and use of the Site as follows: (1) upon notice to you if you breach any other term of these Terms of Use; (2) upon notice (if reasonably practicable) in the event of a security breach or other technical issue related to the Site; or (3) when you are no longer an access+ member. Failure to abide by these Terms of Use is a material breach of these Terms of Use for which ByrdAdatto may pursue all rights and remedies it has pursuant to these Terms of Use, and any other rights and remedies it may have at law or in equity. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice and will cause irreparable harm to ByrdAdatto, for which monetary damages would be inadequate, and you consent to ByrdAdatto obtaining any injunctive or equitable relief that ByrdAdatto deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies ByrdAdatto may have at law or in equity. You agree that ByrdAdatto may, in its sole discretion and without prior notice, terminate your access to the Site for violations of these Terms of Use or other agreements or guidelines which may be associated with your use of the Site or ByrdAdatto deems it necessary in its sole discretion.

E-mail Submissions

Sending e-mail or other communications to our firm will not create an attorney-client relationship or impose any obligation on ByrdAdatto. If you are not already a client, any communication with us will not be privileged and thus, may be disclosed to other persons. Therefore, do not send us any confidential or sensitive information unless and until you have first spoken to one of our attorneys and we have entered into a written agreement with you establishing an attorney-client relationship.

Contacting Us

If you have any questions regarding the website or these Terms of Use, please send an email to info@byrdadatto.com. Note that e-mail communications will not necessarily be secure; accordingly, you should not include credit or other payment card information or other sensitive information in your e-mail correspondence with us.