Please read carefully.
BY ACCESSING, VIEWING, OR USING ANY PART OF THE SITE, YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU DO NOT HAVE BARHAM & MAUCERE’S PERMISSION TO ACCESS, VIEW, OR USE ANY PART OF THE SITE. ANY SUCH UNAUTHORIZED USE VIOLATES BARHAM & MAUCERE’S RIGHTS IN THE SITE AND IS PROHIBITED.
1. Site Description
a. Description. The Site is proprietary to Barham & Maucere and is protected by intellectual property laws and international intellectual property treaties. Your access to the Site is licensed and not made available unconditionally to You. Subject to the terms and limitations set forth in this Agreement, Barham & Maucere agrees to provide You with a personal, non-transferable, and non-exclusive right to access, view, and use the Site.
b. Accessibility. You agree that sporadically the Site may be inaccessible or inoperable for any reason, including and not limited to the following:
(i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Barham & Maucere may undertake occassionally; or (iii) causes beyond the control of Barham & Maucere, whether or not they were foreseeable.
c. Equipment. You shall be solely responsible for providing, maintaining, and ensuring compatibility with the Site, all hardware, software, electrical, and other physical requirements for your use of the Site, including, without limitation, telecommunications and Internet access connections and links, web browsers or other equipment, and programs and services required to access and use the Site.
a. Security. You shall be solely responsible for the security, confidentiality, integrity, and use of all messages and/or the content that You transmit to the Site.
b. Privacy. When reasonably practicable, Barham & Maucere will attempt to respect your privacy. Barham & Maucere will not monitor, edit, or disclose any personal information about You, including your use of the Site, without your prior consent unless Barham & Maucere has a good faith belief that such action is necessary to:
(i) comply with legal process or other legal requirements of any governmental authority; (ii) protect and defend the rights or property of Barham & Maucere; (iii) enforce this Agreement; (iv) protect the interests of users of the Site other than You or any other person; or (v) operate or conduct maintenance and repair of Barham & Maucere’s services or equipment, including the Site as authorized by law. You have no expectation of privacy with respect to the Internet generally or this Site in particular.
c. Nature of Site Content. Barham & Maucere makes information available on this Site as a service to our clients and other friends for informational purposes only. The materials on this Site are not intended to constitute solicitation or legal advice, and transmission of the information from this Site is not intended to, nor does it, create an attorney-client relationship between Barham & Maucere and You or anyone else. This Site is not intended to be used as a substitute for specific legal advice, nor should You consider it as such. You should not act (or refrain from acting) based upon information in this Site without obtaining professional advice regarding your particular facts and circumstances.
d. Creation of an Attorney-Client Relationship. Use of this site by You, or Your contact to Barham & Maucere by email or otherwise will not establish an attorney-client relationship between You and Barham & Maucere unless and until a member in Barham & Maucere expressly and explicitly agrees IN WRITING that the firm will undertake an attorney-client relationship with You or otherwise expressly assumes representation. As a result, You should not transmit any confidential or sensitive information to us until a formal attorney-client relationship has been established. BARHAM & MAUCERE DOES NOT UNDERTAKE TO REPRESENT ANY PERSON OR ENTITY WITHOUT OBTAINING ALL NECESSARY INFORMATION CONCERNING POTENTIAL CONFLICTS OF INTEREST AND EVALUATING THAT INFORMATION, AND UNTIL SUCH A CONFLICTS CHECK IS COMPLETED AND EVALUATED, BARHAM & MAUCERE WILL NOT UNDERTAKE AN ATTORNEY CLIENT RELATIONSHIP WITH A PERSON OR ENTITY, AND EVEN IF SUCH A CONFLICTS CHECK REVEALS NO CONFLICTS UNDER APPLICABLE ETHICS RULES, BARHAM & MAUCERE MAY, IN ITS DISCRETION, DECLINE TO ACCEPT AN ATTORNEY-CLIENT RELATIONSHIP WITH ANY PERSON OR ENTITY. BARHAM & MAUCERE MAY USE YOUR INFORMATION TRANSMITTED VIA EMAIL FOR THIS SITE FOR ANY PURPOSE, IF YOU ARE NOT A CLIENT AND IF YOU HAVE NOT ESTABLISHED AN ATTORNEY-CLIENT RELATIONSHIP PERSUANT TO THE PARAGRAPH ABOVE.
e. Confidentiality of Information Transmitted to Barham & Maucere. You also should be aware that if You send messages to Barham & Maucere (or any of its attorneys, staff, employees, agents, or representatives) through Internet electronic mail or through the Barham & Maucere home page, such mean may not be secure, and Barham & Maucere does not guarantee the confidentiality of such communications. Barham & Maucere does not agree to accept and/or maintain the secrecy of any unsolicited information You send to Barham & Maucere except if an attorney-client relationship currently exists between us. No attorney-client relationship is created unilaterally by your sending to Barham & Maucere any information whether or not You consider such information to be confidential. Although Barham & Maucere makes reasonable effort to read emails that we receive, Barham & Maucere reserves the rights not to read or respond to any unsolicited communications.
f. Attorney Advertising. The contents of this Site may constitute advertising under the applicable laws, regulations, and ethical rules (the “Bar Rules”) of some jurisdictions, including the State of New York. If this Site fails to comply with the Bar Rules of the state in which You are viewing this Site, Barham & Maucere does not wish to represent You. Unless otherwise noted, Barham & Maucere attorneys are NOT certified by the Boards of Legal Specialization of any State.
g. Changes. Barham & Maucere reserves the right to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time in our sole and absolute discretion. Changes in this Agreement will be posted on this Site. Your continued use of this Site after any changes are made shall be deemed as your acceptance of the changes.
h. Representations. No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers. The decision to hire a lawyer is a very important one, and you should consider all relevant factors and options before doing so. Any representations of cases won, awards, or settlements should be considered unusual results and are made for informational purposes only. Each case is unique and Barham & Maucere makes no representation of similar results.
i. PUSHTOSTART. PUSHTOSTART is a registered trademark of PUSHTOSTART LLC. PUSHTOSTART is the brand name of business formation services and other startup legal services offered through Barham & Maucere.
The Site is protected by copyright pursuant to US copyright laws, international conventions, and other copyright laws. The contents of the Site are only for your personal, informational, and noncommercial use. All materials contained on the Site are protected by copyright and are owned or controlled by us or the party credited as the provider of the content. You agree to abide by any and all additional copyright notices, information, or restrictions contained in any part of the Site.
4. Prohibited Uses
You are solely responsible for any and all of your acts and omissions that occur when using the Site, and You agree not to engage in unacceptable use of the Site, which includes without limitation, use of the Site to: (a) transmit unsolicited messages, chain letters, or unsolicited commercial email; (b) transmit material that, to a reasonable person, may be abusive, obscene, sexually explicit, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious; (c) transmit files, graphics, software, or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, or other intellectual property right of any person; (d) transmit viruses, trojan horses, or any other malicious code or program; (e) engage in systematic retrieval of data or other content from this Site to create or compile, directly or indirectly, a collection, compilation, data-base, or directory without written permission from Barham & Maucere by use of scrapers or other tools; or (f) engage in any other activity deemed by Barham & Maucere to be in conflict with the spirit or intent of this Agreement.
This Agreement is effective upon your access or use of the Site and shall continue in full force until terminated. Barham & Maucere reserves the right, in its sole discretion and without notice, at any time and for any reason, to:
(a) remove or disable access to all or any portion of the Site;
(b) suspend Your access to or use of all or any portion of the Site; and (c) terminate this Agreement.
6. Blog Disclaimer
THE INFORMATION CONTAINED IN THE BLOG IS FOR INFORMATIONAL PURPOSES ONLY. Any news articles, links, opinions, videos, multimedia, and legal articles are the property of their respective authors and the opinions are solely their own. The information contained within the Blog does not constitute legal advice. The information contained within the Blog does not create an attorney-client relationship under any circumstances. The Blog is the sole property of Barham & Maucere and/or the respective authors. Barham & Maucere disclaims any liability for any information contained, conveyed, or represented by websites connected via link to the Blog.
THIS IS ATTORNEY ADVERTISING MATERIAL. Please read our legal disclosures on the home page.
FREE BACKGROUND INFORMATION AVAILABLE UPON REQUEST.
BARHAM & MAUCERE DOES NOT REPRESENT, WARRANT, OR GUARANTEE THAT THE MATERIALS ARE COMPLETE, ACCURATE, OR UP-TO- DATE. NOR IS BARHAM & MAUCERE RESPONSIBLE FOR ANY THIRD PARTY CONTENT THAT MAY BE ACCESSED THROUGH THIS SITE, AND REFERENCE TO THIRD PARTY INFORMATION, PRODUCTS, OR SERVICES AT THIS OR ANY LINKED SITE DOES NOT CONSTITUTE AN EXPRESS OR IMPLIED WARRANTY OR ENDORSEMENT BY BARHAM & MAUCERE. WHEN YOU LINK TO ANOTHER SITE FROM THIS SITE, YOU LEAVE THIS SITE AND THE SERVER CONTROLLED BY BARHAM & MAUCERE AND ENTER INTO THE JURISDICTION OF THE LINKED SITE UNDER THE CONTROL OF A THIRD PARTY FOR WHICH BARHAM & MAUCERE HAS NEITHER RESPONSIBILITY NOR CONTROL.
8. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL BARHAM & MAUCERE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THE SITE, ANY LINKED SITE, OR THE INTERNET GENERALLY, INCLUDING WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE SITE, ANY CHANGES TO OR INACCESSIBILITY OF THE SITE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SITE OR ANY LINKED SITE, OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SITE OR ANY LINKED SITE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, OR OTHERWISE EVEN IF BARHAM & MAUCERE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THAT ANY EXCLUSIVE REMEDY SHALL FAIL OF ITS ESSENTIAL PURPOSE OR OTHERWISE BE UNAVAILABLE. IN NO EVENT SHALL BARHAM & MAUCERE ’S TOTAL LIABILITY TO YOU FOR ANY DIRECT DAMAGES WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, OR OTHERWISE EXCEED THE TOTAL AGGREGATE AMOUNT OF $5.00. SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE FOR YOU TO DISCONTINUE USE OF THE SITE.
You agree to indemnify, hold harmless, and defend Barham & Maucere , its members, directors, officers, employees, and agents from and against any action, cause, claim, damage, debt, demand, or liability, including reasonable costs and attorneys’ fees, asserted by any person, arising out of or relating to:
(a) your use of the Site, including any data or work transmitted or received by You; and (b) any unacceptable use of the Site, including, without limitation, any statement, data or content made, transmitted or republished by You which is prohibited as unacceptable at Section 4.
a. Waiver. No waiver of any term, provision, or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision, or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
b. Severability. If any provision of this Agreement is determined to be illegal or unenforceable, then such provision will be enforced to the maximum extent possible and the other provisions will remain fully effective and enforceable.
c. Notice. All notices shall be in writing and shall be deemed to be delivered when sent by e-mail to either parties’ last known e-mail address. You hereby consent to notice by email.
d. Law. This Agreement is made in and shall be governed by the laws of the State of Tennessee without reference to its choice of law provisions. All actions, claims, or disputes arising under or relating to this Agreement shall be brought in the federal or state courts within the County of Hamilton, Tennessee. The parties irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over each of the parties by the federal and/or state courts within the County of Hamilton, Tennessee. The parties hereby irrevocably waive any and all objections which any party may now or hereafter have to the exercise of personal and subject matter jurisdiction by the federal or state courts within the County of Hamilton, Tennessee and to the laying of venue of any such suit, action or proceeding brought in any such federal or state court within the County of Hamilton, Tennessee.
e. Attorneys’ Fees. If any action in law or in equity is necessary to enforce the terms of this Agreement, Barham & Maucere shall be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled.
f. Headings. The captions and headings of this Agreement are included for ease of reference only and will be disregarded in interpreting or construing this Agreement.
g. Force Majeure. If the performance of any part of this Agreement by either party is prevented, hindered, delayed, or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God, or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered, or delayed by such causes.
h. Survival. The terms and provisions of Sections 2, 3, 4, 6, 7, 8, and 9 shall survive any termination or expiration of this Agreement.
i. Entire Agreement. This Agreement constitutes the complete and exclusive statement of the agreement between the parties with respect to the Site and supersedes any and all prior or contemporaneous communications, representations, statements, and understandings, whether oral or written, between the parties concerning the Site.
YOU HAVE READ, UNDERSTAND AND AGREE TO THE FOREGOING TERMS & CONDITIONS OF USE SET FORTH IN THE ABOVE AGREEMENT.
At BARHAM & MAUCERE LLC (referred to as “Company,” “us” or “we”), we recognize that your privacy is important. This Policy discloses the privacy practices for the Company and its website at the web addresses listed above (the “Website”), as well as related products and services we may offer to you (collectively referred to as the “Services”). This Policy also covers how personal and other information that we receive or collect about you is treated. This Privacy Statement also describes your choices and rights regarding the use, access and correction or deletion of your user information. By using the Site, you consent to the use of your user information in accordance with this Privacy Statement. If you are located in the EU, you will also be asked to provide clear and unequivocal affirmative consent to the collection, processing, and sharing of your user information via cookies and similar technologies. Please read the information below regarding your use of the Website.
Changes to the Policy
Information We Collect
In order to better provide you with Website services, we collect information about our users in two ways, either voluntarily by direct user input or automatically. Information you voluntarily submit may include, among other things, your name, email address, phone number, or other information that you provide when you contact us or request information from us. Information we gather automatically may include, among other things, how you use the Website, information about your browser, and sites from which you access our Website. Information on managing and changing your information preferences is described below.
You always have the option not to provide information we request. If you choose not to provide the information, you can still visit most of the Website, but you may be unable to access certain options and services. If you do provide information through the Website, you agree to provide only true, accurate, current and complete information. We may also supplement the data you provide to us with data from data append services such as public or social graph data in order to better serve you with content or promotions.
Personally Identifiable Information and Aggregate Information
Personally Identifiable Information (PII) may include information such as your first and last name, email address, mailing address (including zip code), employer, job title and department, telephone numbers, and other identifying information, and in the EU, your IP address.
Aggregate information does not by itself identify a specific individual. We may gather certain information about you based upon where you visit on our Website and what other sites may have directed you to us. This information, which is collected in a variety of different ways, is compiled and analyzed on both a personal and an aggregated basis. This information may include the Website’s Uniform Resource Locator (“URL”) that points to the site you just came from.
We do not collect any PII about you unless you voluntarily provide it to us. However, you may be required to provide certain PII to us when you elect to use certain products or services available on the Website. These may include: (a) requesting information from us; (b) sending us information; (c) submitting a form or (d) transmitting other information by telephone or letter.
You should be aware that if you voluntarily disclose PII to third parties, for example by posting in any public forums or in public comments, that information, along with any information disclosed in your communication, can be collected and used by third parties and may result in unsolicited messages (including unwanted spam messages) from third parties. Such activities are beyond our control and this Policy does not apply to such information.
A cookie is a small data file that is written to your computer's hard drive by your web browser. A cookie file can contain and/or automatically collect information, such as an IP address, that a website may use to track things like the pages and number of times you have visited. The data read from these cookies may be linked to PII and non-PII information.
Essential Cookies are used for specific purposes that are essential to your secure use and navigation of the Website. Without them, the Website may not perform properly. These cookies collect and use information such as your server preferences, single-session data and corresponding identifier, web beacons and log files (detailed below), and other credential-related information. For EU individuals, essential cookies also help inform us whether you require, or have already been served, an affirmative consent request in connection with the GDPR. Essential cookies include analytics cookies, which provide us data to better understand users and improve the Website based on what we have learned from that data.
Preference Cookies are used to collect and process information about your preferences to optimize your browsing experience. Preference cookies may include social media cookies, which collect information about your social media usage. If you access the Website through a social media website or mobile application, you may have social media cookies. If you wish to modify or change your social media cookies, please visit and review the settings on your applicable social media account(s).
Advertising Cookies may be used to tailor your Website experience with third-party advertisers (and/or their third-party analytics providers, if any. We do not provide user information to advertising partners except in connection with the use of the Website or as required by law.
Most web browsers automatically accept cookies, but generally allow users to modify their browser settings to display a warning before accepting a cookie, to accept cookies only from certain websites, and/or to refuse all cookies. The Website will prompt you to consent to any cookies that collect PII.
We may use web beacons (invisible images) to recognize users, assess traffic patterns, identify preferred content, and measure site engagement, count email messages that have been opened, and collect data collected by your browser. If used, this data is collected in the aggregate, but may include or be associated with other voluntarily submitted PII or non-PII.
The Website’s web and ad servers may log information about IP addresses, browsers, and URL requests. This information is always provided by a user’s browser and is automatically logged by most Websites. These logs are stored in a secure location and used in our internal analysis to traffic patterns within our Website.
We may use an outside advertising partner to display banner advertisements on our Website. As part of their service, they may place a separate cookie on your computer or device. We will not provide any third-party advertising partners with any of your PII. We and our third party ad server may collect and use Aggregate Information about you, such as your IP address, browser type, the server your computer is logged onto, the area code and zip code associated with your server and whether you responded to a particular ad.
Use and Release of Information
Our purpose in collecting, using, and sharing user information is primarily to enhance your experience on the Website.
We may provide you with interactive communications, such as notifications to your email address, but only if we have your express consent to receive such communications.
We will not use your information without a valid legal basis to do so. We will not sell, trade, or rent your PII to others. We do provide some of our product and service offerings through contractual arrangements made with affiliates, service providers, partners and other third parties (“Service Partners”). We and our Service Partners may need to use some PII in order to perform tasks between our respective sites, or to deliver products or services to you. For example, your credit card information must be released to the card-issuing bank to confirm payment for products and services through the Website.
You may be requested to voluntarily provide certain user information during your use of the Website. If you choose to do so, that information may be shared with business partners and vendors providing hosting and other services for us.
We use third parties for email service providers and hosting services on the Website. When you sign up for such services, we will share your user information only as necessary for the third party to provide that service. These third parties are prohibited from using your user information for any other purpose. If you do not want your information to be shared, you can choose not to allow the transfer of your information by not using that particular service.
Occasionally we may be required by law enforcement or judicial authorities to provide PII to the appropriate governmental authorities. In such cases, we will disclose PII upon receipt of a court order, subpoena, or to cooperate with a law enforcement investigation. We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful and to disclose information necessary to protect and defend the rights or property of Company.
We may also provide Aggregate Information about our users’ sales, traffic patterns, and related Website information to third party advertisers, but these statistics do not include any Personally Identifiable Information.
Updating and Correcting Information
We believe you should have the ability to access and edit the Personally Identifiable Information (PII) that you have provided to us. You may change any of your PII at any time by linking to your account, if any, in accordance with instructions posted elsewhere on this Website. You may also change your PII by contacting us at the contact information at the end of this policy.
We encourage you to promptly update your PII if it changes. You may ask to have the information on your account deleted or removed.
You acknowledge that you are 18 years of age or older. If you are less than 18 years old, please do not send any user information to us--including information such as your name, address, or e-mail address.
We do not knowingly collect (nor do we wish to collect) any personally identifiable information or other user information from children under the age of 16. We encourage parents or guardians to contact us at the contact information above, and in the event that we learn we have collected any personal information from a child under the age of 16, we will delete that information from our database and terminate the corresponding account, if any. We encourage minors to discuss the Website with a parent or guardian.
Security of Your PII
At our Website you can be assured that your PII is secure, consistent with current industry standards. We strive to take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of your PII. For example:
We work hard to ensure that the data we collect is reliable, accurate, complete and current. We encrypt all PII, in order to prevent unauthorized parties from viewing such information when it is transmitted to us. We also only keep collected information only for as long as reasonably necessary or as otherwise authorized by law and use it only for the purposes for which it was collected or to comply with any applicable legal or ethical reporting or document retention requirements.
We limit access to PII only to specific employees, contractors and agents who have a reasonable need to come into contact with your information. For example, we may provide members of our technical support team with limited access to your account in order to allow them to troubleshoot problems you may be having with the Website.
Additionally, we also employ a number of physical, electronic, and procedural safeguards to protect PII. Our secure servers and our data centers are protected by industry-standard encryption, and our servers reside behind firewalls and employ high-level password protection.
Finally, access by you to your account, if any, is available through a password and unique customer ID selected by you. This password is encrypted. We recommend that you do not divulge your password to anyone.
In order to most effectively serve you, payment transactions are handled by established third parties. They receive the information needed to verify and authorize your credit card or other payment information and to process payment.
Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your PII, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) the security, integrity and privacy of any and all information and data exchanged between you and us through this Website cannot be guaranteed.
Your user information may be transferred to other countries through your use of this Website. If you access or use the Website outside the United States, your user information will be transferred to servers in the United States.
EU User Additional Rights
In accordance with the GDPR, you may have certain additional rights, including:
Right of access to personal data
Right to correct personal data where it is incorrect of incomplete
Right of erasure of personal data (“right to be forgotten”)
Right to restrict/suspend processing of personal data
Right to complain to a supervisory authority
Right to data portability
Right to withdraw consent
Right to object to processing
Barham & Maucere LLC
6708 Heritage Business Court
Chattanooga, TN 37421
Attn: Scott Maucere
Please include your name, address, and/or email address when you contact us.