New Leaf Legal, LLC Privacy Policy

This website and any other URLs and websites administered by New Leaf Legal, LLC(collectively, the “Site”) are offered by New Leaf Legal, LLC (collectively, “NLL” or “we” “our” or “us”) to you, the user, subject to your acceptance of all the terms and conditions as set forth below (“Privacy Policy”). The terms “you” “your” and “user” refer to all individuals and entities that access the Site.   NLL has created this privacy policy to make sure you know what information NLL collects and how NLL uses it. By using the Site, you expressly consent to the collection, storage, disclosure and use of your information as outlined in this Privacy Policy and you agree to the terms and conditions of this Privacy Policy.

If you reside outside the U.S., your personally identifiable information will be transferred to the U.S. and processed and stored there under U.S. privacy standards. By visiting our Site and providing information to us, you consent to such transfer to, and processing in, the U.S.

NLL will occasionally update this Privacy Policy to reflect changes in NLL’s practices and services. When changes are made to this Privacy Policy, NLL will post a notice on the Site.  Regardless of notice, by visiting this Site, you are accepting the terms of the then-current Privacy Policy.  If you follow any external links, located on the Site, to third-party websites, NLL is not responsible for the content or the privacy policies of these other websites.

NLL encourages you to check back, from to time, and review this Privacy Policy so that you always will know what personally identifiable information NLL collects, how it is used, and to whom it is disclosed.

But first, a note about the content on the Site:

NO ATTORNEY CLIENT RELATIONSHIP/NOT LEGAL ADVICE

Information contained on or made available through the Site is not intended to and does not constitute legal advice, recommendations, mediation or counseling under any circumstance. The Site, contacting NLL via the Site,  and/or your use thereof does not create an attorney-client relationship. We do not warrant or guarantee the accurateness, completeness, adequacy or currency of the information contained in or linked to the Site. Your use of information on the Site or materials linked to the Site is entirely at your own risk. You should not act or rely on any information on the Site without seeking the advice of a competent attorney licensed to practice in your jurisdiction for your particular problem. The information contained herein does not necessarily reflect the opinions of our clients.

 

Errors, Corrections and Changes.
We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. The law is constantly changing and the information may not be complete or accurate depending on your particular legal issue. Each legal issue depends on its individual facts and different jurisdictions have different laws and regulations. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site. Any views or opinions expressed do not necessarily reflect the view or opinion of NLL, its attorneys, or its clients.

 

We realize that the information provided in this website might be considered to constitute advertising in some jurisdictions. The hiring of an attorney is an important decision that should not be based solely upon the information provided in this website regarding the experience and qualifications of our attorneys. We do not intend or desire to represent any client based upon their review of any portion of this website that does not comply with the legal or ethical requirements for that client’s jurisdiction.

Links to other service providers or resources online are provided as citations and aids to help you identify and locate other providers and resources that may be of interest, and are not intended to state or imply that we or any of our attorneys is endorsing, responsible for, affiliated or associated with, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links.

To the extent that the designation of a principal office and/or a responsible attorney with respect to this website is required, we designate our office located at 649 Massachusetts Avenue, Suite 6, Cambridge, MA 02139 and designate Jessica R. Manganello as our responsible attorney.

Your use of the Site:

As a condition to your use of this Site, you agree not to:

  1. Upload, post, email, transmit or otherwise make available any information, materials or other content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, pornographic, offensive, invades another’s privacy, or promotes bigotry, racism, hatred for harm against any individual or group;
  2. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  3. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site;
  4. Upload, post, email, transmit or otherwise make available any information, materials or other content that infringes upon another’s rights, including any intellectual property rights (including but not limited to, copyrights, patents, trademarks, or trade secrets);
  5. Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  6. Upload, post, email, transmit or otherwise make available any material 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 telecommunications equipment;
  7. Reverse engineer, decompile or disassemble any of the software used to provide this Site or the Service and/or resell or redistribute the Service, or any part of the Service or use any unauthorized means to modify or reroute, or attempt to modify or reroute, the Service, including, but not limited to, altering affiliate IDs;
  8. Interfere with or disrupt this Site or the Service, or any servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
  9. Obtain, collect, store or modify the personal information about other users, to harass or stalk any user of the Site in any way;
  10. Use automated means, including spiders, robots, crawlers, data mining tools, or the like to ‘meta-search’ the Site or download data from the Site. NLL reserves the right to block automated programs that do not comply with these restrictions;
  11. Upload, email, transmit, or post any content encouraging illegal activity or racism, hate speech, incitement of hate;
  12. Upload, email, transmit or post any other content that NLL deems to be inappropriate; or
  13. Use any NLL services for any illegal or unlawful purposes.

What information does NLL collect?

NLL may collect information about you, when you interact with the Site, including, your name, email, and/or personal or business information you choose to submit to the Site, and other data as specifically described herein.

You may provide us with this personal information when you:

  1. Submit a job application or inquiry;
  2. Submit information through any contact form on the Site;
  3. Request customer support or send NLL any other communication; and/or
  4. Make use of NLL’s Social Media Widget features.

Information collected by Cookies:

NLL uses cookies on the Site to improve the quality of the Site and services to you. One of the features of cookies is to provide a convenience feature to save you time. A cookie is a small text file on your computer which a website sends to your computer to allow the website to store information which uniquely identifies NLL’s users. NLL’s cookies do not collect or store personally identifiable information. Rather, the cookie stores a token which uniquely identifies a particular user at a particular time. That token is then linked to the user information in NLL’s secured databases. You can always delete the cookies and reset your browser to refuse all cookies or to display a message when a cookie is being sent. If you reset your browser, some of the Site features and functionality may not be available to you and you may not be able to take advantage of all the features on the Site.

Do Not Track:

Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. NLL is committed to providing you with meaningful choices about the information collected on the NLL Site for third party purposes, and that is why NLL provides the opt-out links below. However, NLL does not support DNT or recognize or respond to browser-initiated DNT signals.

These links may not represent all opt-out options available or third parties collecting information via the Site.

  1. To opt-out of third party vendors cookies, please visit the Network Advertising Initiative opt-out page.
  2. To opt-out of the double click and other Google advertising cookies, please visit the Google advertising opt-out page.
  3. To opt-out of analysis via the Google Analytics cookie, please visit the Google Analytics opt-out page.

Your California Privacy Rights: 

If you live in California and have an established business relationship with us, you can request a list of the personal information we have shared with third parties for their marketing purposes. We will also give you a list of the third parties that have received your information. You can make a request one time each year. To exercise your rights, you can email us or write to us at the address below. Mention in your letter that you are making a “California Shine the Light” inquiry. We will respond within 30 days.

You may also request that we provide you with an accounting of your personal information held by NLL.  You may submit that request to NLL via email at info@newleaflegal.com, or at 649 Massachusetts Avenue, Suite 6, Cambridge, MA 02139.  Upon verification of your identity and within 45 days, we will provide you with a paper copy of your personal information via the United States Postal Service.  NLL will not discriminate against any end user for exercising their rights under the California Consumer Privacy Act.

 

NLL does not sell your personal information, as those terms are defined under the California Consumer Privacy Act.

 

Information collected by Web Beacons and Log Files:

When you visit the Site, NLL’s servers automatically record information that your browser sends whenever you visit a website (“Log Data”). This Log Data may include information such as your:

  • IP address
  • browser type or the domain from which you are visiting
  • operating system
  • your browser ID
  • how many times your device (computer or phone, for instance) access the Site, including dates and times of such access
  • Your activities on the Site

For most users accessing the Internet from an Internet service provider the IP address will be different every time you log on. NLL uses Log Data to monitor the use of the Site and the NLL Service, and for the Site’s technical administration. NLL does not associate your IP address with any other personally identifiable information to identify you personally, except as required to enforce this Privacy Policy or as necessary to protect the rights, property, or safety of NLL, its employees, customers, or other users.

Information collected through Reviews and Testimonials:

You may choose to submit a review or testimonial. If you post a review, NLL may ask for certain information to validate your review or testimonial such as your first name and an optional photo.  NLL will not use any testimonial or review that is not accompanied by a photo. If you submit a review or testimonial, NLL may publish your first name, geographic location or other anonymous information but your last name and email address will be kept private. Additionally, any personally identifiable information that you submit as part of the review or testimonial can be read or used by other visitors to the Site. NLL is not responsible for any personally identifiable information that you choose to submit as part of your review or testimonial.

How does NLL secure and store your information?

The security of your personal information is important to us. NLL employs industry standard precautions designed to protect your information from unauthorized access. NLL will make any legally-required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored personal data to you via email or conspicuous posting on this Site in the most expedient time possible and without unreasonable delay, consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

NLL currently stores user information via secure cloud-based web hosting services, provided by bluehost, and the information is stored on servers located within the United States.

Remember that no method of transmission over the internet or method of electronic storage is 100% secure.  NLL cannot promise, and you should not expect, that your personal information or private communications will always remain private. NLL cannot guarantee complete security.

How does NLL use your information?

NLL will not sell or disclose your name, email address or other personal information to third parties without your explicit consent, except as may be specified in this policy from time to time.  NLL uses the personally identifiable information you provide to:

  1. Provide the features and functionality of the Site and to improve NLL’s products and services;
  2. Fulfill your requests for NLL’s products and services;
  3. Communicate with you concerning NLL’s products and services;
  4. Send you information about NLL’s products and services;
  5. For NLL’s internal business purposes; and
  6. Help us create content that is most relevant to you.

NLL uses your email address to send you communications you have requested. You can unsubscribe from such communications using the unsubscribe link provided therein.

NLL uses non-personally identifiable information to monitor the use and performance of the Site so that NLL can learn more about how people use the Site which helps us improve NLL’s services and significantly enhance your experience on the NLL Site.

Retention of Data

NLL retains personal information when we have an ongoing legitimate business, legal, or compliance need to do so.  Our retention periods will vary depending on the type of personal information. The general factors we consider in determining whether to retain personal information are:

  • Whether we have a legal or contractual need to retain the information
  • Whether the information is necessary to provide our services or for functionality of Site features
  • Whether our account holding users have the ability to access and delete the information from their accounts

 

When NLL has no ongoing legitimate business need to process your personal information, we will either delete or anonymize it or, if this is not possible (for example, when personal information has been stored in backup archives), then NLL will securely store such personal information until deletion of such information is possible.

 

Does NLL disclose the information it collects to outside parties?

Generally, NLL does not share personal information about you with other people or nonaffiliated companies without your consent except that:

NLL provides information to its agents and trusted service providers and contractors for limited purposes, without limitation, hosting and maintenance, database storage and management, offering certain products and services; marketing campaigns; communicating with customers; providing customer service; managing information on NLL’s behalf; and enhancing the Site features and functionality.  NLL will share your personally identifiable information with these third parties, but only to the extent necessary to perform these functions and provide such services, and only pursuant to binding contractual obligations requiring such third parties to maintain the privacy and security of your data.

The service providers engaged by NLL, and links to their individual privacy policies, are listed here:

Bluehost

WordPress

NLL may also release information (including, but not limited to, your name, email address, and activity on the Site) when NLL, in NLL’s sole discretion believes that such release is necessary or appropriate to:

  1. comply with law;
  2. comply with subpoenas, warrants, court orders, government investigations, or other legal process;
  3. enforce or apply the terms of this policy;
  4. investigate or respond to allegations of fraud, intellectual property infringement, or other unlawful activity
  5. investigate fraud or similar claims;
  6. protect the rights, property or safety of NLL, NLL’s users, or others.
  7. to protect NLL’s operations; or
  8. to permit NLL to pursue available remedies or limit the damages that NLL may sustain.

Does this Privacy Policy apply when I access third party websites?

You may be able to access third party websites directly from the Site. However, this Privacy Policy does not apply when you access third party websites. NLL cannot control and cannot be held responsible for the content that appears on those sites and is not an endorsement, authorization or representation of NLL’s affiliation with that third party. Furthermore, NLL is not responsible for the privacy policies of any third-party site or for how they treat information about their users.  These third-party sites may place their own cookies on your computer, collect data, or solicit personal information.  You may be consenting to those websites through use of the Site. NLL encourages you to read the privacy policies or statements and terms of service for each of the other websites you visit.

Intellectual Property

New Leaf Legal., and other NLL graphics, logos, designs, page headers, button icons, scripts, and service names are copyrights, trademarks or trade dress of NLL in the U.S. and/or other countries. NLL’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion to consumers or in any manner that disparages or discredits NLL.  All other trademarks not owned by NLL that appear on this Site are the property of their respective owners.

You acknowledge that all articles, blog posts, infographics, writings, columns, and any other form of content on the Site (“NLL Content”) is either owned by NLL or NLL has a license/permission to use the same.  You acknowledge and agree that any such NLL Content, including but not limited to text, data, photos, graphics, etc. or other material contained or distributed on or through the Site, by NLL, its advertisers or other third parties, is protected by trademarks, service marks, patents, copyrights, or other proprietary rights and laws. You may not use or distribute any NLL Content received through the Site without the authorization of NLL. You agree not to publish, reproduce, copy, in whole or in part, modify, amend, publicly display (including framing), create derivative works of, nor upload, download, post, email, sell, commercially exploit in any way, or otherwise distribute NLL Content available through the Site, in violation of applicable copyright and other intellectual property laws.

NLL considers any solicited or unsolicited suggestions, ideas, proposals, content of any notes, messages, e-mails, postings, letters, concepts or other material submitted to it by you via the Site or otherwise (other than personal information) (collectively, the “Material”) to be non-confidential and non-proprietary, and NLL shall not be liable for the disclosure or use of such Material. If, at NLL’s request, you send Material to improve the site (for example through the forums, contact forms, or to customer support), NLL will also consider that Material to be non-confidential and non-proprietary and NLL will not be liable for use or disclosure of the Material. Any communication by you to NLL is subject to this Privacy Policy.  The intellectual property rights in or relating to the Material  will automatically be deemed to be assigned, granted and transferred by you to NLL upon their submission or communication to NLL, and you do assign all rights therein to NLL and agree that the same will automatically become the property of NLL and that NLL may use, exploit, copy, publish, implement, transfer and in all other ways deal with such materials and all of the intellectual property rights therein in any way and for any purpose, commercial or otherwise, NLL may elect, forever, without compensation or accounting to you and without further recourse by you.

DMCA/IP Notification Policy

To notify NLL of infringing or unlawful content on the Site, please provide NLL with the following information:

  1. Your name, address, telephone number and e-mail address;
  2. A description of the exact location on the Site of the infringing or unlawful content;
  3. A description of the claimed infringing or unlawful content, specifying which parts you believe infringe or are unlawful and which parts you believe should be removed;
  4. In the event that you believe that the content infringes your rights, please include a detailed statement specifying your asserted rights and why the content infringes them;
  5. In the event that you believe that the content is unlawful, please include a detailed statement specifying why you believe that the content breaches a particular law; and
  6. A sworn and signed statement that the information provided is accurate and that you are directly or indirectly damages by the content.

NLL takes such notices very seriously.  We will evaluate the provided notice and if appropriate based on our sole discretion remove infringing content. Based on our judgment, we may notify the source of the content of your complaint and our actions in response to your complaint.  We reserve the right in our sole discretion to restore such content if the source of such content provides evidence that the content should not have been removed.  We encourage you to seek the advice of an independent attorney before filing an intellectual property notice or responding to a notice filed by another user.

NLL may be notified of claims of intellectual property infringement by emailing the above requested information to:

New Leaf Legal, LLC

Attn: Jessica Manganello
649 Massachusetts Avenue

Suite 6

Cambridge, MA 02139

Email.  info@newleaflegal.com

 

Because NLL may allow content to be posted from third parties and third-party Sites, there is a chance that the ability to remove any allegedly infringing content will be out of our control. While we will make a good faith effort to remove the allegedly infringing content, if you believe your intellectual property has been infringed by a NLL vendor or a user posting content from a third-party Site, we strongly suggest you contact the vendor, third party, or third-party site directly and request the allegedly infringing material be taken down.

Business Transfers.

NLL may sell, transfer or otherwise share some or all of its assets, including your personally identifiable information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy. You will have the opportunity to opt out of any such transfer if the new entity’s planned processing of your information differs materially from that set forth in this Privacy Policy.

NLL’s Policy Towards Children

The Site is not directed to persons under 18. If a parent or guardian becomes aware that his or her child has provided NLL with personally identifiable information without their consent, he or she should contact NLL info@newleaflegal.com.  NLL will take actions to promptly remove such data. NLL does not knowingly collect personally identifiable information from children under 16.  If NLL becomes aware that a child under 13 has provided personal identifiable Information, NLL will delete such information.

How can I change, delete, or update my information?

You can request that NLL update or change your information or request that we delete your information by emailing us at info@newleaflegal.com. After receiving proof of your identity, NLL will comply with such request.  If you have any questions about what information is stored or would like to obtain a copy of such information, please contact us at info@newleaflegal.com or Privacy c/o NLL, 649 Massachusetts Avenue, Suite 6, Cambridge, MA 02139. After receiving proof of your identity, NLL will provide the information to you.

Unless stated otherwise, NLL’s current Privacy Policy applies to all information that NLL has about you and your account.

Use of this Site by individuals located in the EU

If you are a resident of the European Union or provide personal information through this website while located in the European Union, we offer you certain choices in connection with the personal information we collect from you on this Site.

Users in the European Union may have the choice:

  • to be provided with a copy of your personal data held by us;
  • to request the rectification or erasure of your personal data held by us;
  • to request that we cease processing your data;
  • to request that we restrict the processing of your personal data (while we verify or investigate your concerns with this information, for example);
  • to request that your data be transferred to you or a third party.

We may use your data for marketing purposes or disclose your information to any third party for such purposes with your consent, that you may provide by checking certain boxes on the forms we use to collect your data. You may object to receiving further marketing at any time without detriment. We will inform you prior to collecting or using your personal information for any purpose not set forth in this Privacy Policy or previously consented to.

To update your preferences and consents, ask us to remove your information from our mailing lists or submit a request, please contact us at info@newleaflegal.com.

General Terms:

If any provision of this Privacy Policy is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Privacy Policy shall remain in full force and effect. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Privacy Policy. This Privacy Policy shall in all respects be interpreted and construed with and by the laws of the Commonwealth of Massachusetts, excluding its conflicts of laws rules, and the United States of America. NLL may assign its rights and responsibilities hereunder without notice to you.  These terms and conditions will inure to the benefit of NLL’s successors, assigns and licensees.  Any heading, caption, or section title contained herein is inserted only as a matter of convenient, and in no way defines or explains any section or provision hereof.  The failure of NLL to exercise or enforce any right or provision of this Privacy Policy will not constitute a waiver of such rights or provisions. Except as explicitly stated otherwise, any notices shall be given by postal mail to NLL; Attn: Legal Department, 649 Massachusetts Avenue, Suite 6, Cambridge, MA 02139 (in the case of NLL) or, in your case, to the email address you provide to NLL (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, NLL may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to NLL. In such case, notice shall be deemed given three days after the date of mailing.

 

Disclaimer.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER, EXCEPT AS SPECIFICALLY PROVIDED HEREIN. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.

 

Limitation of Liability.
NLL shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (i) any errors in or omissions from the Site or information obtained, (ii) the unavailability or interruption of the Site or any features thereof, (iii) your use of the Site, (iv) the content contained on the Site, or (v) any delay, failure, or act of any third party resource shared with you via the Site. THE AGGREGATE LIABILITY OF NLL IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US.

Resolution of Disputes and Release:

In the event a dispute arises between you and NLL, please contact NLL. Any dispute arising from or relating to the subject matter of this Privacy Policy shall be finally settled by arbitration in Suffolk County, Massachusetts, using the English language in accordance with the Arbitration Rules and Procedures of American Arbitration Association (“AAA”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected in accordance with the Arbitration Rules and Procedures of AAA. The arbitrator’s award shall be final and binding.   The prevailing party in any arbitration or other proceeding arising under this Privacy Policy shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Privacy Policy, the party’s consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in Suffolk County, Massachusetts. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Privacy Policy, including without limitation, this section. You and NLL agree that any cause of action arising out of or related to the Site (including, but not limited to, any services provided or made available therein) or this Privacy Policy must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

You hereby consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Massachusetts. You further agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim is initiated in court rather than in arbitration you and NLL waive any right to a jury trial.

You release NLL (and NLL’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more users, or an outside party.

Unless stated otherwise, NLL’s current Privacy Policy applies to all information that NLL has about you.

The current version of the NLL Privacy Policy was adopted effective as of April 2, 2020.