Privacy Policy & Terms of Use

Dear Reader:

For various reasons too tiresome to explain, this page is required by law if any of you (and yes, there are many of you, and more all the time) choose to subscribe to my monthly e-newsletter.

Is it in legalese? Yes.

You have my apologies in advance.

Sincerely,

Bruce MacEwen




INTRODUCTION:

This Privacy Policy describes how Adam Smith, Esq., LLC ("Adam Smith, Esq., LLC," "us" or "we"), publisher of Adam Smith, Esq. will collect and use your personally identifiable information ("PII") (that is -- your full name, email address, firm affiliation, position, or other information you voluntarily supply us with).

From time to time Adam Smith, Esq., LLC may revise this Privacy Policy. If we make revisions that change the way we collect or use your PII , those changes will be posted in this Privacy Policy and the effective date will be noted at the beginning of the Policy. Therefore, you should review it periodically so that you are up to date on our most current policies and practices. If we make material changes to our practices regarding use of your PII , your PII will continue to be governed by the Privacy Policy under which it was subject prior to those changes, unless you have been provided notice of, and have not objected to, the changes.

INFORMATION THAT WE COLLECT:

Generally. When you subscribe to our premium edition, we collect PII from you.

Adam Smith, Esq. does not employ cookies.

Third party advertisements displayed on our sites may however contain cookies set by Internet advertising companies or advertisers. We do not control these cookies and visitors to our web sites should check the privacy policy of the advertiser to see whether and how it uses cookies.

You can set the browser on your computer to warn you each time a cookie is being sent, block third party cookies or block all cookies. However, by blocking all cookies you may not have access to certain features on our web sites.

Third Party Ad Servers. Some of the advertisements and other services that appear on our web site(s) are delivered to you by Internet advertising companies. These companies utilize certain technologies including cookies to deliver advertisements and marketing messages and to collect anonymous information about your visit to our sites and other web sites. If you would like more information about this practice or to opt out of having this information used by companies that are part of the Network Advertising Initiative to provide targeted ads, please visit http://www.networkadvertising.org/optout_nonppii.asp

NOTICE:

Third Party Web Sites. Our web sites link to web sites operated by other companies and individuals.

We're not responsible for the privacy practices of web sites operated by third parties that are linked to or integrated with our sites or for the privacy practices of third party Internet advertising companies. Once you've left our site via such a link or by clicking on an advertisement, you should check the applicable privacy policy of the third party or advertiser site to determine how they will handle any PII they collect from you.

USE: HERE'S HOW WE USE PII

Generally. We may use information in the following ways:

To subscribe you to the premium site edition of "Adam Smith, Esq." and for no other purposes whatsoever.

Specifically, we will not sell, rent, release, share, or disclose the information we collect to anyone, under any circumstances, for any reason, at any time, not for love and not for money.

Let us repeat; Under no circumstances whatsoever will we share your information.

If this isn't clear enough, please call us.  We will resort to simultaneous translation if need be.


Social Network and Interactive Tools. Certain features on our web sites give you an opportunity to interact with us and others. These may include forums, message boards, chats, submitting a letter to the editor, creating community profiles, and rating, tagging and commenting on articles. When you use these features you should be aware that any information you submit, including your name, location and e-mail address, may be publicly available to others. We are not responsible for any information you choose to submit through these interactive features.

When an individual chooses to post information that will be publicly disclosed, he or she is responsible for ensuring that such information conforms to all local data protection laws. We are not responsible under any data protection laws for user posted information.

SECURITY: WE PROTECT THE SECURITY OF PII

We use commercially reasonable administrative, technical, personnel and physical measures to safeguard PII in our possession against loss, theft and unauthorized use, disclosure or modification.

DATA RETENTION

We retain your information for as long as necessary to permit us to use it for the purposes that we have communicated to you and comply with applicable law or regulations.

TRANSFER TO US OR OTHER COUNTRIES

Your information may be stored and processed in the United States or any other country where Adam Smith, Esq., LLC has facilities, and by subscribing to and/or using our publications, you consent to the transfer of information outside of your country.

At the moment, Adam Smith, Esq., LLC does not have facilities outside the US, and does not contemplate ever having such non-US facilities.

REMEDIES AND COMPLIANCE: HOW TO CONTACT US ABOUT PRIVACY CONCERNS

If you have any questions, comments or concerns about our Privacy Policy, you may contact us at privacypolicy@adamsmithesq.com

This Subscriber Agreement and Terms of Use govern your use of the Adam Smith, Esq. site.

1. Changes to Subscriber Agreement. We may change the terms of this Agreement at any time by notifying you of the change in writing or electronically (including without limitation, by email or by posting a notice on the Service that the terms have been "updated"). The changes also will appear in this document, which you can access at any time by going to the Privacy Policy & Terms of Use section of the site. You signify that you agree to be bound by such changes by using the site after changes are made to this Agreement.

2. Privacy and Your Account. Registration data and other information about you are subject to our Privacy Policy. Your information may be stored and processed in the United States or any other country where Adam Smith, Esq., LLC has facilities.  Currently, as noted above, Adam Smith, Esq., LLC has no non-US facilities and does not contemplate ever having non-US facilities.  By subscribing to the site, you consent to the transfer of information outside of your country. If your access to the site has been provided by or through a third party (for example, your employer or an education institution where you are a student) (each, a "Third Party"), the Third Party may have provided us with information about you to enable us to provide you with access to the Service and distinguish you from other subscribers (such as your email address or name). You agree to notify us promptly if you change your address or email so we can continue to contact you and send any notices required hereunder. If you fail to notify us promptly of a change, then any notice we send to your old address or email shall be deemed sufficient notice.

3. Fees and Payments. You agree to pay the subscription fees and any other charges incurred in connection with your user name and password for the site (including any applicable taxes) at the rates in effect when the charges were incurred. Subscription fees will be billed at the beginning of your subscription or any renewal. Unless we state in writing otherwise, all fees and charges are nonrefundable. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. You are responsible for any fees or charges incurred to access the site through an Internet access provider or other third-party service.

4. Limitations on Use.

a. The text, graphics, images, video, metadata, design, organization, compilation, look and feel, advertising and all other protectable intellectual property (the "Content") available through Adam Smith, Esq. are our property and are protected by copyright, trademark, and other intellectual property laws.

"Adam Smith, Esq.,"® an inquiry into the economics of law firms, and the maroon banner, are a federally registered trademark belonging to Adam Smith, Esq., LLC, which is partially owned and controlled by Bruce MacEwen.

The editorial content of our site is protected by a Creative Commons License that: (i) requires proper attribution of any material copied or reproduced as "courtesy of Adam Smith, Esq. [with a hyperlink to the original source on our site]"; (ii) prohibits commercial, for-profit redistribution of our material without our express prior written consent; and (iii) prohibits derivative works reliant on our content without our express prior written consent.

For more information, see:

Adam Smith, Esq.is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 United States License.

In addition:

(i) You may use our "E-mail This" service to e-mail an article from the site to a few individuals, without charge.

(ii) You may not use such an archive to develop or operate an automated trading system or for data or text mining.

b. You agree not to rearrange or modify the Content. You agree not to create abstracts from, scrape or display our content for use on another web site or service (other than headlines from our RSS Feed with active links back to the full article). You agree not to post any content from Adam Smith, Esq. (other than headlines from our RSS Feed with active links back to the full article on the Service) to weblogs, newsgroups, mail lists or electronic bulletin boards, without our written consent.

c. You agree not to use Adam Smith, Esq. for any unlawful purpose. We reserve the right to terminate or restrict your access to the site if, in our opinion, your use of the Service may violate any laws, regulations or rulings, infringe upon another person's rights or violate the terms of this Agreement.

5. DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY. YOU AGREE THAT YOUR ACCESS TO, AND USE OF, Adam Smith, Esq. AND THE CONTENT AVAILABLE THROUGH Adam Smith, Esq. IS ON AN "AS-IS", "AS AVAILABLE" BASIS AND WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ADAM SMITH, ESQ., LLC AND ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS ("THE ADAM SMITH, ESQ., LLC PARTIES") WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF ADAM SMITH, ESQ.. FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE "EXCLUDED DAMAGES"), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE Adam Smith, Esq., LLC PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE ADAM SMITH, ESQ., LLC PARTIES' LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

6. General. This Agreement contains the final and entire agreement between us regarding your use of Adam Smith, Esq. and supersedes all previous and contemporaneous oral or written agreements regarding your use of Adam Smith, Esq.. We may discontinue or change Adam Smith, Esq., or their availability to you, at any time. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of New York, United States of America applicable to contracts made entirely within New York and wholly performed in New York, without regard to any conflict or choice of law principles. The sole jurisdiction and venue for any litigation arising out of this Agreement will be an appropriate federal or state court located in New York. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

©Copyright 2009 Adam Smith, Esq., LLC All rights reserved.