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Miller Nash LLP Privacy Notice

Miller Nash LLP ("Miller Nash," "us," "we," or "our") is a law firm dedicated to maintaining the confidentiality of sensitive information it receives. This Privacy Notice sets forth our practices regarding the collection, use, and disclosure of Personal Information through our website at www.millernash.com (the "Site"). Through the Site, we provide you with access to our website, content, and interactive and informational resources (collectively, the "Services"). This Privacy Notice sets forth our policies with respect to information that is collected from you when you use the Services.

Changes to Our Privacy Notice

The Services may change from time to time. In the future, we may also change how we process Personal Information, on the Site and otherwise. As a result, at times it may be necessary for us to make changes to this Privacy Notice. Accordingly, we reserve the right to update or modify this Privacy Notice at any time. We will provide notice of any material changes through the Site or by other means, to provide you the opportunity to review the changes before they take effect. Your use of the Services after any changes or revisions to this Privacy Notice indicates your agreement with the terms of such revised Privacy Notice. This Privacy Notice was last updated on the date indicated below.

What Information Do We Collect?

Miller Nash may collect two types of information from you when you visit the Site: Personal Information and Non-Personal Information (collectively "Information").

"Personal Information" refers to information by which you may be personally identified, such as name, postal address, email address, and telephone number.
"Non-Personal Information" means information that is about you, but does not identify you specifically. If you do nothing during your visit to our Site but browse, read pages, or view content, we will gather and store Information about your visit that does not identify you personally.

When you use the Services, we may collect the following Information from you:

Contact information, such as your name, email address, postal address, phone number, and mobile device identifier;
Payment information and associated contact information when you engage in a transaction with us;
Education information, such as educational degrees, professional memberships, and certifications;
Employment information, such a company name, job title, and office location;
Health information, such as accessibility requirements and dietary restrictions;
Information about the equipment you use to access the Services, IP address, geographical location (e.g., city or county), and your browsing actions and patterns, such as your operating system and browser type, the pages or Services that you access or use, times and dates of visits to the Site, and details of transactions you carry out through the Site;
Any other information you choose to provide us.

How Do We Collect Information?

We may collect Information:

Directly from you or when you provide it, including when you fill in forms on or through the Site (e.g., through our "Contact Us" form or by emailing one of our attorneys using an email address link on the Site); and
Automatically as you navigate the Site.

We automatically collect Information using technologies such as cookies. A cookie is a small file placed on the hard drive of your computer or mobile device to allow the Site to recognize you or your device, to help provide functionality, and allow us to analyze Site usage. You may choose to decline or disable cookies or similar tracking technologies through your web browser or other tools, but doing so may affect your ability to access or use certain features of the Site or certain Services.

You may be able to decline or disable cookies and similar tracking technologies we use, such as those provided by Google or AddThis, by visiting http://www.aboutads.info/choices or http://www.networkadvertising.org/choices. Please note, however, that we are not affiliated with and are therefore not responsible for, and do not endorse the content or practices, including privacy-related practices, of these third-party services.

How Do We Use Your Information?

We may use your Information:

To present the Services to you and others, to provide you with the Services or information you request, and to allow you to interact with the Services;
To process and respond to your specific inquiries, requests, and comments, and to otherwise administer our relationship with you;
To inform you about other products or Services we provide;
To communicate with you about our programs and events, including information we think will be of interest to you;
To provide you with notices about changes to the Services;
To manage, develop, deliver, and improve the Services;
To measure your interaction with the Site for the purpose of improving your experience, including by enabling us to estimate the Site's audience size and usage patterns, speed up your searches, and recognize you when you return to the Site;
To fulfill any other specific purpose for which you provide Information;
In any other way we may describe when you provide the Information; and
For any other purpose with your consent.

When and Why Is Your Information Disclosed?

We do not sell your Personal Information to third parties, and will not disclose it for third-party marketing purposes. We may disclose Information that we collect from you, including Personal Information:

To contractors, service providers, and other third parties we use to support the Services and our business (e.g., third parties that help us host and operate the Site and enable your sharing of content available on the Site, and third parties that perform analytics services for the Site), and who are bound by contractual obligations to keep Personal Information confidential and use it only for the purposes for which we disclose it to them;
To a successor or potential successor in the event of a proposed or actual merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets in which the Personal Information is among the assets transferred;
To fulfill the purpose for which you provide it, but only to the extent it is necessary for that purpose;
For any other purpose disclosed by us when you provide the Information, but only to the extent it is necessary for that purpose; and
With your consent.

We may also disclose your Personal Information:

To comply with any court order, applicable law, or legal process, including responding to any government or regulatory request;
To enforce or apply our Terms of Use and other terms that apply to your activities on or through the Services; and
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of us or others.

Limitations on the Scope of This Privacy Notice

Third-Party Websites and Applications: We engage third-party service providers who may operate domains or applications accessible through the Services, such as our email management system, Concep (collectively, the "Third-Party Services"). Any Information collected through Third-Party Services is subject to the privacy policies of their operators, which may employ different Information collection, use, disclosure, and security procedures than we employ. We are not responsible for the content or practices, including privacy-related practices, of Third-Party Services. The links from this Privacy Notice, the Site, or the Services do not imply our review or endorsement of the Third-Party Services. We suggest contacting those sites directly for information on their privacy policies.

Attorney-Client Relationship: This Privacy Notice does not apply to Personal Information we may process in connection with any attorney-client relationship that may exist between us. That Information will be handled under the terms of the contract between us (e.g., an engagement letter) and as you may otherwise consent.

Residents of the European Economic Area (“EEA”)

If you are located in the EEA, you may have certain rights under European law with respect to your Personal Information that are described below. The Site is not intended for users located in the EEA who are under the age of 16. If you are located in the EEA and are under the age of 16, do not use the Site.

Controller of Personal Information. Miller Nash is the Controller of your Personal Information. Miller Nash’s primary place of business is 3400 US Bancorp Tower, 111 SW Fifth Avenue, Portland, OR 97204.

Processing. Miller Nash may process your Personal Information on one or more of the following legal bases:

As necessary to enter into a contract with you or a legal entity you represent, to perform our contractual obligations, to provide the Services, to respond to requests from you, or to provide customer support;
Where we have a legitimate interest, as described in this Privacy Notice (see "How Do We Use Your Information");
As necessary to comply with relevant law and legal obligations, including to respond to lawful requests and orders; or
With your consent.

Your Rights. Subject to applicable law, you may have the right to:

Ask whether we hold Personal Information about you and request copies of such Personal Information and information about how it is processed;
Request that inaccurate Personal Information is corrected;
Request deletion of Personal Information that is no longer necessary for the purposes underlying the processing, processed based on withdrawn consent, or processed in non-compliance with applicable legal requirements;
Request us to restrict the processing of Personal Information where the processing is inappropriate;
Object to the processing of Personal Information;
Request portability of Personal Information that you have provided to us (which does not include Information derived from the collected information), where the processing of such Personal Information is based on consent or a contract with you and is carried out by automated means; and
Lodge a complaint with the appropriate data protection authorities.

You can exercise your rights of access, rectification, erasure, restriction, objection, and Information portability by contacting us at the email address included at the bottom of this Privacy Notice.

When you consent to our processing your Personal Information for a specified purpose, you may withdraw your consent at any time, and we will stop any further processing of your Information for that purpose.

The categories of Personal Information that Miller Nash collects are identified above in the section titled, "What Information Do We Collect." Information about how long Miller Nash will retain your Information is identified below in the sub-section titled, "Information Retention Period," and information about how Miller Nash shares your Information is identified above in the section titled "When and Why Is Your Information Disclosed."

Your California Privacy Rights

If you are a California consumer, you have additional rights. Visit our Your California Privacy Rights page for more information.

Other Information

Information Retention Period: Personal Information we collect will be retained for only as long as it is required (i) for the purpose for which it was collected; (ii) to be retained by law; or (iii) to address any issues that may arise at a later date. When your Personal Information is no longer required for these identified purposes, we will securely destroy, delete, or otherwise convert the Personal Information into an anonymous form. Generally, Information collected automatically using technologies such as cookies is retained for the duration of your visit to the Site but it may be retained for a longer period of time.

Transfer of Information: If you provide Personal Information through the Services, you acknowledge and agree that your Personal Information may be transferred from your current location to our offices and servers located in the United States, and that other countries have deemed the laws of the United States to have inadequate Information protection requirements. By using the Services, you consent to the processing, including storage, of your Personal Information in the United States.

Do Not Track: Some browsers incorporate a "Do Not Track" (DNT) feature that, when turned on, signals to websites and online services that you do not want to be tracked. At this time, the Site does not respond to DNT signals.

Information from Children

We do not knowingly collect Personal Information from children under the age of 13 and do not target our Services to children under 13. If you are under 13, you may not use the Services or submit any Personal Information through the Services. If you have reason to believe that a child under the age of 13 has provided their Personal Information to us, please contact us and we will delete that Information unless we have a legal obligation to retain it.

Information Security and Integrity

We take reasonable steps to protect the Personal Information provided via the Services from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. These steps include internal reviews of our Information collection, storage, and processing practices and security measures, and employing physical, technical, and administrative security measures to guard against unauthorized access to systems where we store Personal Information. We also restrict access to Personal Information to our employees, contractors, and agents who need to know that Information in order to operate, develop, or improve our Services. These individuals are bound by confidentiality obligations. However, no internet or email transmission is ever fully secure or error free, and you therefore assume all related risks by disclosing Personal Information to us via the internet.

Contacting Us

If you have any questions or concerns about this Privacy Notice or our information practices, please feel free to contact us at any time at privacy@millernash.com. You may also reach us by postal mail at the following address:

Miller Nash LLP
3400 US Bancorp Tower
111 SW Fifth Avenue
Portland, OR 97204

Last updated May 15, 2021

Miller Nash LLP Website Terms of Use

1. Overview

These terms of use (“Terms of Use”) are entered into between you (“you” and “your”) and Miller Nash LLP (“Miller Nash” or “we”). The Terms of Use govern your access to and use of the Miller Nash website at http://www.millernash.com, including any content, functionality and services offered on or through it (the “Site”). By using the Site, you agree to be bound and abide by these Terms of Use. If you do not agree to these Terms of Use, you must not access or use the Site.

Miller Nash reserves the right to make changes to the Site and to the Terms of Use at any time. All changes are effective immediately when posted. Your continued use of the Site following the posting of the revised Terms of Use means that you accept and agree to the changes.

All Site Content (as defined below) is current as of the date it is posted on the Site to the best of Miller Nash’s knowledge.

2. No Legal Advice

The materials on the Site are for informational purposes only and not for the purpose of providing legal advice. You should not consider any information on the Site as legal advice. You should consult an attorney with respect to advice applicable to your particular situation or issue. Opinions expressed on or through the Site are the opinions of the individual author only and may not reflect the opinion of the firm, its attorneys, or its clients.

Use of the Site is not intended to create an attorney-client relationship between Miller Nash and users of this Site. Please do not send us any information you regard as confidential because we do not have a duty to treat non-client information as confidential and will not do so, except as described in our Privacy Notice.

3. Privacy Notice

All Information Miller Nash collects on the Site is subject to our Privacy Notice posted at the Site here. By using the Site, you consent to all actions taken by us with respect to your Information in compliance with the Privacy Notice. The Privacy Notice is incorporated into and governed by these Terms of Use. To the extent there is a conflict, the Terms of Use supersede the Privacy Notice. Terms like “Information” that are in these Terms of Use, but not defined here, are defined in the Privacy Notice.

4. Eligibility

You must be at least 18 years of age to use the Site. If you are under 18 years of age (or the age of legal majority where you live), you may use the Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to the Site. If you use the Site on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.

5. Intellectual Property

The Site and its entire contents, data, features, and functionality (including but not limited to text, graphics, video, logos, button icons, databases and images) (“Site Content”) are the property of Miller Nash or its licensors and are protected by copyright, trademark, and other intellectual property laws, except as indicated below.

The Miller Nash name and related logos are trademarks and service marks (“Marks”) of Miller Nash. Miller Nash's Marks may not be used without advance written permission of Miller Nash, including in connection with any product or service that is not Miller Nash's, in any manner that is likely to cause confusion, or in any manner that disparages, discredits, or misrepresents Miller Nash. Other products or company names mentioned on the Site may be trademarks or service marks of their respective owners.

If you believe that any content on the Site violates your intellectual property rights, please notify Miller Nash as described in Section 19.

6. Limited License And Prohibited Uses

Miller Nash grants you a personal, royalty-free, non-assignable, and non-exclusive license to access and use the Site Content in the United States only as an informative resource while using the Site. Any other use, including the reproduction, modification, distribution, transmission, republication, framing, display, or performance of Site Content without prior permission of Miller Nash is strictly prohibited. You may not download, print, copy, distribute, or otherwise use Site Content for commercial purposes, including publication, sale, or personal gain. You may not remove any Mark or other proprietary notices, including, without limitation, attribution information, credits, and copyright notices that have been placed on or near the Site Content.

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree that you will not:

Use the Site in any way that violates any applicable federal, state, local or international law or regulation.
Use the Site for the purpose of exploiting, harming, or attempting to exploit or harm anyone in any way.
Send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Terms of Use.
Transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” or “spam,” or any other similar solicitation.
Impersonate or attempt to impersonate Miller Nash, a Miller Nash employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by Miller Nash, may harm Miller Nash or users of the Site or expose them to liability.
Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site.
Use any robot, spider, or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without Miller Nash’s prior written consent.
Use any device, software, or routine that interferes with the proper working of the Site.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Site.

7. Account Registration

To access portions of the Site, you may be asked to provide registration details or other Information. It is a condition of your use of the Site that all Information you provide is complete, current, and accurate. All Information you provide to register with the Site or otherwise is governed by our Privacy Notice, and you consent to all actions Miller Nash takes with respect to your Information consistent with our Privacy Notice.

8. Use and Protection of Login Credentials

You are responsible for maintaining the confidentiality of your user name and password (“Login Credentials”), if applicable. You are responsible for all uses of your account and Login Credentials, whether or not authorized by you. You agree to notify Miller Nash immediately of any unauthorized access to or use of your account or Login Credentials or any other breach of security. Miller Nash reserves the right to disable your Login Credentials at any time in its sole discretion for any or no reason, including if, in Miller Nash’s opinion, you have violated any provision of these Terms of Use.

9. User Contributions

The Site may contain comment sections, message boards, forums, bulletin boards, and other interactive features (“Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (“User Contributions”) on or through the Site.

All User Contributions must comply with the content standards set out below.

Any User Contributions you post to the Site will be considered non-confidential and non-proprietary. By providing any User Contributions on the Site, you grant us and our affiliates and service providers, and each of their and our licensees, successors, and assigns the perpetual right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their licensees, successors, and assigns.
All of your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Miller Nash, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Site.

10. Disclaimer And Limitation of Liability

WHILE MILLER NASH ATTEMPTS TO PRESENT ACCURATE INFORMATION ON THE SITE, THIS SITE IS PROVIDED ON AN “AS-IS” BASIS. MILLER NASH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OR CONTENT OF THIS SITE OR ANY OTHER SITE TO WHICH IT IS LINKED. TO THE EXTENT PERMITTED BY LAW, MILLER NASH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. MILLER NASH, ITS ATTORNEYS, AND ITS EMPLOYEES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR ANY SITE FOR WHICH IT PROVIDES LINKS, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, PUNITIVE AND CONSEQUENTIAL DAMAGES. YOUR SOLE REMEDY UNDER THESE TERMS OF USE IS TO STOP USING THE SITE. FROM TIME TO TIME, MILLER NASH MAY RESTRICT YOUR ACCESS TO SOME PARTS OF THE SITE, OR THE ENTIRE SITE, FOR ANY REASON. MILLER NASH WILL NOT BE LIABLE FOR ANY REASON IF ALL OR ANY PART OF THE SITE IS UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD.

IN NO EVENT SHALL OUR AGGREGATE LIABILITY, WHETHER BY STATUTE, IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO USE OF THIS SITE EXCEED THE GREATER OF ANY COMPENSATION YOU PAY US, IF ANY, FOR ACCESS TO OR USE OF THIS SITE, OR FIFTY DOLLARS ($50.00).

11. Third-Party Content

This Site includes content provided by third parties. All statements and opinions expressed by third parties are solely the opinions and the responsibility of the person or entity providing those materials. Those materials do not necessarily reflect the opinion of Miller Nash. Miller Nash is not responsible for the content or accuracy of any materials provided by any third parties.

12. Links To Other Web Sites

Miller Nash may provide links to external websites for the convenience of Site users. The inclusion of an external link on the Site does not constitute or imply support or endorsement of any kind. Miller Nash does not control those websites, is not responsible for their content or function, and is not responsible for any loss or damage that may arise from your use of them. If you decide to access the third party sites linked to the Site, you do so entirely at your own risk and are subject to the terms and conditions of use for such sites.

13. Indemnification

You agree to defend, indemnify, and hold harmless Miller Nash, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any liabilities, damages, judgments, awards, losses, costs, third-party claims, expenses and fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, your content, any use of the Site Content, and services and products other than as expressly authorized in these Terms of Use.

14. Limitation On Time To File Claims

ANY CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN THREE (3) MONTHS AFTER THE EVENT GIVING RISE TO THE CLAIM OCCURRED, REGARDLESS OF WHEN YOU KNEW OR SHOULD HAVE KNOWN ABOUT IT; OTHERWISE, SUCH CLAIM IS PERMANENTLY BARRED.

15. Injunctive Relief

You agree that a breach of these Terms of Use will cause irreparable injury to Miller Nash for which monetary damages would not be an adequate remedy and Miller Nash shall be entitled to seek equitable relief, in addition to any remedies it may have hereunder or at law, without having to post a bond or other security or prove damages.

16. Waiver And Severability

No waiver by Miller Nash of a term or condition set forth in these Terms of Use shall be deemed a continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of Miller Nash to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

17. Entire Agreement

The Terms of Use and our Privacy Notice constitute the sole and entire agreement between you and Miller Nash with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Site.

18. Applicable Law, Binding Arbitration, and Class Action and Jury Waiver

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.

Any claim arising out of or relating to this agreement, the Site or Terms of Use shall be settled by binding arbitration under the rules of the Arbitration Service of Portland, Inc. then in effect. Judgment may be entered on an arbitration award by any court with jurisdiction. This arbitration provision is governed by the Federal Arbitration Act.

Any claim subject to arbitration must be arbitrated on an individual basis and not on a class or consolidated basis. Claims of more than one user may not be arbitrated jointly or consolidated with those of any other user.

To the extent any claim is determined to not be subject to arbitration, the claim shall be tried to a court situated in Multnomah County, Oregon on an individual basis and not on a class or consolidated basis AND ANY RIGHT TO A JURY TRIAL IS WAIVED.

The laws of the State of Oregon govern these Terms of Use and any disputes under them, without giving effect to any principles of conflicts of laws.

19. Communications and Contact Information

Miller Nash may contact you regarding these Terms of Use or the Privacy Notice using any Information you provide, or by any other means if you do not provide contact Information. If you no longer wish to receive communications from Miller Nash, you can click on the “unsubscribe link” provided in such communications.

For all other feedback, comments, requests for technical support, and other communications relating to the Site, these Terms of Use, and the Privacy Notice, please contact us at privacy@millernash.com or by mail at:

Miller Nash LLP
ATTN: GENERAL COUNSEL
3400 US Bancorp Tower
111 SW Fifth Avenue
Portland, OR 97204

EFFECTIVE DATE: May 15, 2021