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O. Max Gardner III

O. Max Gardner III

Business         North
Carolina
has named O. Max Gardner III one of the top bankruptcy lawyers in North Carolina for three consecutive years. He was also selected by Law & Politics and Charlotte Magazine as one of North Carolina's "Super Bankruptcy Lawyers" in 2006, and will be so named again in 2007.

» Read Biography

REQUIRED DISCLOSURES

DISCLOSURES REQUIRED UNDER SECTION 527 AND 342 OF THE BANKRUPTCY ABUSE PREVENTION AND CONSUMER PROTECTION ACT OF 2005.

NOTICE NO. 1

Notice Mandated By Section 342(b)(1) and 527(a)(1) Of The Bankruptcy Code

PURPOSES, BENEFITS AND COSTS OF BANKRUPTCY

The United States Constitution provides a method whereby individuals, burdened by excessive debt, can obtain a "fresh start" and pursue productive lives unimpaired by past financial problems. It is an important alternative for persons strapped with more debt and stress than they can handle.

The federal bankruptcy laws were enacted to provide good, honest, hard-working debtors with a fresh start and to establish a ranking and equity among all the creditors clamoring for the debtor's limited resources.

Bankruptcy helps people avoid the kind of permanent discouragement that can prevent them from ever re-establishing themselves as hard working members of society.

To the extent that there may be money or property available for distribution to creditors, creditors are ranked to make sure that money or property is fairly distributed according to established rules as to which creditors get what.

This discussion is intended only as a brief overview of the types of bankruptcy filings and of what a bankruptcy filing can and cannot do. No one should base their decision as to whether or not to file bankruptcy solely on this information. Bankruptcy law is complex, and there are many considerations that must be taken into account in making the determination whether or not to file. Anyone considering bankruptcy is encouraged to make no decision about bankruptcy without seeking the advice and assistance of an experienced attorney who practices nothing but bankruptcy law.

Types of Bankruptcy

The Bankruptcy Code is divided into chapters. The chapters which almost always apply to consumer debtors are chapter 7, known as a "straight bankruptcy", and chapter 13, which involves an affordable plan of repayment.

An important feature applicable to all types of bankruptcy filings is the automatic stay. The automatic stay means that the mere request for bankruptcy protection automatically stops and brings to a grinding halt most lawsuits, repossessions, foreclosures, evictions, garnishments, attachments, utility shut offs, and debt collection harassment. It offers debtors a breathing spell by giving the debtor and the trustee assigned to the case time to review the situation and develop an appropriate plan. In most circumstances, creditors cannot take any further action against the debtor or the property without permission from the bankruptcy court.

Chapter 7

In a chapter 7 case, the bankruptcy court appoints a trustee to examine the debtor's assets to determine if there are any assets not protected by available "exemptions". Exemptions are laws that allow a debtor to keep, and not part with, certain types and amounts of money and property. For example, exemption laws allow a debtor to protect a certain amount of equity in the debtor's residence, motor vehicle, household goods, life insurance, health aids, retirement plans, specified future earnings such as social security benefits, child support, and alimony, and certain other types of personal property. If there is any non-exempt property, it is the Trustee's job to sell it and to distribute the proceeds among the unsecured creditors. Although a liquidation case can rarely help with secured debt (the secured creditor still has the right to repossess the collateral if the debtor falls behind in the monthly payments), the debtor will be discharged from the legal obligation to pay unsecured debts such as credit card debts, medical bills and utility arrearages. However, certain types of unsecured debt are allowed special treatment and cannot be discharged. These include some student loans, alimony, child support, criminal fines, and some taxes.

In addition to attorney fees, there is a filing fee that must be paid to the Bankruptcy Court.

Chapter 13

In a chapter 13 case, the debtor puts forward a plan, following the rules set forth in the bankruptcy laws, to repay certain creditors over a period of time, usually from future income. A chapter 13 case may be advantageous in that the debtor is allowed to get caught up on mortgages or car loans without the threat of foreclosure or repossession, and is allowed to keep both exempt and nonexempt property. The debtor's plan is a document outlining to the bankruptcy court how the debtor proposes to dispose of the claims of the debtor's creditors. The debtor's property is protected from seizure from creditors, including mortgage and other lien holders, as long as the proposed payments are made and necessary insurance coverages remain in place. The plan generally requires monthly payments to the bankruptcy trustee over a period of three to five years. Arrangements can be made to have these payments made automatically through payroll deductions.

In addition to attorney fees, there is a filing fee that must be paid to the Bankruptcy Court.

Chapter 11

By and large, chapter 11 is a type of bankruptcy reserved for large corporate reorganizations. Chapter 11 shares many of the qualities of a chapter 13, but tends to involve much more complexity on a much larger scale.

However, since chapter 11 does not usually pertain to individuals whose debts are primarily consumer debts, further information about chapter 11 will be provided by reference to the following resource: The ABankruptcy Basics@ brochure prepared by the Administrative Office of the United States Courts, dated June 2000, and which can be accessed over the internet by visiting the following website: www.uscourts.gov/bankruptcycourts.html.

Chapter 12

Chapter 12 of the Bankruptcy Code was enacted by Congress in 1986, specifically to meet the needs of financially distressed family farmers. The primary purpose of this legislation was to give family farmers facing bankruptcy a chance to reorganize their debts and keep their farms.

However, as with chapter 11, since chapter 12 does not usually pertain to individuals whose debts are primarily consumer debts, further information about chapter 12 will be provided by reference to the same "Bankruptcy Basics" brochure referred to above, which can be accessed over the internet at the same said website as mentioned for chapter 11.

What Bankruptcy Can and Cannot Do

Bankruptcy may make it possible for financially distressed individuals to:

  1. Discharge liability for most or all of their debts and get a fresh start. When the debt is discharged, the debtor has no further legal obligation to pay the debt.
  2. Stop foreclosure actions on their home and allow them an opportunity to catch up on missed payments.
  3. Prevent repossession of a car or other property, or force the creditor to return property even after it has been repossessed.
  4. Stop wage garnishment and other debt collection harassment, and give the individual some breathing room.
  5. Restore or prevent termination of certain types of utility service.
  6. Lower the monthly payments and interest rates on debts, including secured debts such as car loans.
  7. Allow debtors an opportunity to challenge the claims of certain creditors who have committed fraud or who are otherwise seeking to collect more than they are legally entitled to collect.

Bankruptcy, however, cannot cure every financial problem. It is usually not possible to:

  1. Eliminate certain rights of secured creditors. Although a debtor can force secured creditors to take payments over time in the bankruptcy process, a debtor generally cannot keep the collateral unless the debtor continues to pay the debt.
  2. Discharge types of debts singled out by the federal bankruptcy statutes for special treatment, such as child support, alimony, student loans, certain court ordered payments, criminal fines, and some taxes.
  3. Protect all cosigners on their debts. If relative or friend co signed a loan which the debtor discharged in bankruptcy, the cosigner may still be obligated to repay whatever part of the loan not paid during the pendency of the bankruptcy case.
  4. Discharge debts that are incurred after bankruptcy has been filed.

Bankruptcy's Effect on Your Credit

By federal law, a bankruptcy can remain part of a debtor's credit history for 10 years. Whether or not the debtor will be granted credit in the future is unpredictable, and probably depends, to a certain extent, on what good things the debtor does in the nature of keeping a job, saving money, making timely payments on secured debts, etc.

Services Available From Credit Counseling Agencies

With limited exceptions, Section 109(h) of the Bankruptcy Code requires that all individuals who file for bankruptcy relief on or after October 17, 2005 receive a briefing that outlines all available opportunities for credit counseling and provides assistance in performing a budget analysis. The briefing must be given within 180 days prior to the bankruptcy filing. The briefing may be provided individually or in a group (including briefings conducted over the Internet or over the telephone) and must be provided by a non-profit budget and credit counseling agency approved by the United States Trustee or bankruptcy administrator. The clerk of the bankruptcy court has a list that you may consult of the approved budget and credit counseling agencies. In addition, after filing a bankruptcy case, an individual debtor generally must complete a financial management instructional course before he or she can receive a discharge. The clerk also has a list of approved financial management instructional courses.

If you are not disciplined enough to create a workable budget and stick to it, cannot work out a repayment plan with your creditors, cannot keep track of mounting bills, or need more help with your debts than can be achieved by merely having a few of your unsecured creditors lower your interest rates somewhat, it probably makes little sense to consider contacting a credit counseling organization.

If, on the other hand, you meet all or most of those criteria, there are many non-profit credit counseling organizations that will work with you to solve your financial problems.

But be aware that, just because an organization says it is "nonprofit," there is no guarantee that its services are free, affordable or even legitimate.

Most credit counselors offer services through local offices, the Internet, or on the telephone. If possible, it is probably best to find an organization that offers in person counseling. Many universities, military bases, credit unions, housing authorities, and branches of the U.S. Cooperative Extension Service operate nonprofit credit counseling programs. Your financial institution, local consumer protection agency, and friends and family also may be good sources of information and referrals.

Reputable credit counseling organizations can advise you on managing your money and debts, help you develop a budget, and offer free educational materials and workshops. Their counselors are certified and trained in the areas of consumer credit, money and debt management, and budgeting. Legitimate counselors will discuss your entire financial situation with you, and help you develop a personalized plan to solve your money problems. An initial counseling session typically lasts an hour, with an offer of follow-up sessions.

If your financial problems stem from too much debt or your inability to repay your debts, a credit counseling agency may recommend that you enroll in what is known as a "debt management plan" or "DMP". A DMP alone is not credit counseling and DMPs are not for everyone. You should sign up for one of these plans only after a certified credit counselor has spent time thoroughly reviewing your financial situation, has offered you customized advice on managing your money, and has analyzed your budget to make sure that the proposed DMP is one you can afford. Even if a DMP is not appropriate for you, a reputable credit counseling organization still can help you create a budget and teach you money management skills.

In a DMP, you deposit money each month with the credit counseling organization, which uses your deposits to pay your unsecured debts, like your credit card bills and medical bills, according to a payment schedule the counselor develops with your creditors. Your creditors may agree to lower your interest rates or waive certain fees, but it's always best to check with all your creditors, just to make sure they offer the concessions that a credit counseling organization is promising you. A successful DMP requires you to make regular, timely payments, and could take 48 months or more to complete.


NOTICE NO. 2

Notice Mandated By Section 527(a)(2) Of The Bankruptcy Code

NOTICE OF MANDATORY DISCLOSURE TO CONSUMERS WHO CONTEMPLATE FILING BANKRUPTCY

You are notified as follows:

  1. All information that you are required to provide with the filing of your case and thereafter, while your case is pending, must be complete, accurate and truthful.
  2. All your assets and all your liabilities must be completely and accurately disclosed in the documents filed to commence your case, and the replacement value of each asset (as defined in Section 506 of the Bankruptcy Code) must be stated in those documents where requested after reasonable inquiry to establish such value.
  3. Some sections of the Bankruptcy Code require you to determine and list the replacement value of an asset such as a car or furniture. When replacement value is required, it means the replacement value, established after reasonable inquiry, as of the date of the filing of your bankruptcy case, without deduction for costs of sales or marketing. With respect to property acquired for personal, family or household purposes, replacement value means the price a retail merchant would charge for "used" property of that kind considering the age and condition of the property. Again, replacement value is defined in the Bankruptcy Code as the price that a retail merchant would charge for property of the same kind, considering the age and condition of the property at the time its value is determined. This is not the cost to replace the item with a new one or what you could sell the item for; it is the cost at which a retail merchant would sell the used item in its current condition. In many cases (particularly used clothing, furniture, computers, etc.), this would be "yard sale" value, or what the item might sell for on eBay. In other cases, such as jewelry, antiques or collectables, it may be retail value. For motor vehicles, it would be the third party purchase value. For real property, it is what the real property would sell for, at current Market value. For cash and bank accounts, it is the actual amount on deposit. For stocks and bonds, it is their market value as of the date your case is filed. You must make a reasonable inquiry to determine the replacement value of your assets.
  4. Before your case can be filed, it is subject to what is called "Means Testing". The Means Test was designed to determine whether or not you qualify to file a case under chapter 7 of the Bankruptcy Code, and if not, how much you need to pay your unsecured creditors in a chapter 13 case. For purposes of means test, you must state, after reasonable inquiry, your total current monthly income, the amount of all expenses as specified and allowed pursuant to section 707(b)(2) of the bankruptcy code, and if the plan is to file in a Chapter 13 case, you must state, again after reasonable inquiry, your disposable income, as that term is defined.
  5. Information that you provide during your case may be audited pursuant to the provisions of the Bankruptcy Code. Your failure to provide complete, accurate and truthful information may result in the dismissal of your case or other sanctions, including criminal sanctions.

NOTICE NO. 3

Notice Mandated By Section 527(b) Of The Bankruptcy Code

IMPORTANT INFORMATION ABOUT BANKRUPTCY ASSISTANCE SERVICES

If you decide to seek bankruptcy relief, you can represent yourself, you can hire an attorney to represent you, or you can get help in some localities from a bankruptcy petition preparer who is not an attorney. THE LAW REQUIRES AN ATTORNEY OR BANKRUPTCY PETITION PREPARER TO GIVE YOU A WRITTEN CONTRACT SPECIFYING WHAT THE ATTORNEY OR BANKRUPTCY PETITION PREPARER WILL DO FOR YOU AND HOW MUCH IT WILL COST. Ask to see the contract before you hire anyone.

The following information helps you understand what must be done in a routine bankruptcy case to help you evaluate how much service you need. Although bankruptcy can be complex, many cases are routine.

Before filing a bankruptcy case, either you or your attorney should analyze your eligibility for different forms of debt relief available under the Bankruptcy Code and which form of relief is most likely to be beneficial for you. Be sure you understand the relief you can obtain and its limitations. To file a bankruptcy case, documents called a Petition, Schedules and Statement of Financial Affairs, as well as in some cases a Statement of Intention need to be prepared correctly and filed with the bankruptcy court. You will have to pay a filing fee to the bankruptcy court. Once your case starts, you will have to attend the required first meeting of creditors where you may be questioned by a court official called a trustee and by creditors.

If you choose to file a chapter 7 case, you may be asked by a creditor to reaffirm a debt. You may want help deciding whether to do so. A creditor is not permitted to coerce you into reaffirming your debts. It may not be in your best interest to reaffirm a debt.

If you choose to file a chapter 13 case in which you repay your creditors what you can afford over 3 to 5 years, you may also want help with preparing your chapter 13 plan and with the confirmation hearing on your plan which, if held, will be before a bankruptcy judge.

If you select another type of relief under the Bankruptcy Code other than chapter 7 or chapter 13, you will want to find out what should be done from someone familiar with that type of relief. However, please be advised that in most cases, you will only be concerned with chapter 7 and chapter 13.

Your bankruptcy case may also involve litigation. You are generally permitted to represent yourself in litigation in bankruptcy court, but only attorneys, not bankruptcy petition preparers, can give you legal advice.


NOTICE NO. 4

Notice Mandated By Section 342(b)(2) Of The Bankruptcy Code

FRAUD & CONCEALMENT PROHIBITED

If you decide to file bankruptcy, it is important that you understand the following:

  1. Some or all of the information you provide in connection with your bankruptcy will be filed with the bankruptcy court on forms or documents that you will be required to sign and declare as true under penalty of perjury.
  2. A person who knowingly and fraudulently conceals assets or makes a false oath or statement under penalty of perjury in connection with a bankruptcy case shall be subject to fine, imprisonment, or both.
  3. All information you provide in connection with your bankruptcy case is subject to examination by the Attorney General.

ACKNOWLEDGMENT OF RECEIPT

By using any Practice Website (as defined below) and/or otherwise accepting this Agreement, you acknowledge that you have received a copy of or been provided with access to all of the following notices:

  1. Notice Mandated By Section 342(b)(1) and 527(a)(1) Of The Bankruptcy Code
  2. Notice Mandated By Section 527(a)(2) Of The Bankruptcy Code
  3. Notice Mandated By Section 527(b) Of The Bankruptcy Code

TERMS OF USE

Effective November 10, 2006

These Terms of Use (this "Agreement") are provided by Gardner & Botes, PLLC, a North Carolina professional limited liability company (the "Practice"), and will govern your use of all websites owned or controlled by the Practice, or any other entity that is or becomes a part of the Practice (collectively, "Practice Websites"), including all content provided on, or through access to, any Practice Website ("Content") and all services provided through any Practice Website ("Services").

  1. Background
    1. Practice Websites. The Practice Websites include www.gardnerbotes.com, as well as www.NCBLC.com and all of the websites listed on our complete list of Practice Websites, and all websites and pages operated under any sub-domain of any Practice Website.
    2. Use of Practice Websites Constitutes Acceptance. This Agreement will constitute a binding and enforceable agreement between you (individually and in your individual capacity as an employee, officer, agent, partner, etc. of each organization you represent in connection with any use of the Practice Websites) and each of the entities that are comprised in the Practice. By using any Practice Website or any Services, you acknowledge and agree that you have fully read and agree to be bound by the provisions of this Agreement, exactly as if it were printed on paper and signed by you. If you do not agree to be bound by this Agreement in its entirety, then you must immediately stop using all Practice Websites and all Services. Although the registration process may require you to "click-through" or otherwise affirmatively agree to be bound by the provisions of this Agreement, this Agreement is binding on you by your use of any Practice Website or Services, regardless of whether or not you choose to register.
    3. Business or Employment Use. Where you use a Practice Website or Service in the course of your employment or business, you enter into this Agreement both on your own behalf and in your individual capacity as an employee, officer, agent, partner, etc. of such organization which you represent, and references in this Agreement to "you" shall mean both you as the individual user of the Practice Website or Service and you in your capacity as a representative of your organization.
    4. Changes to this Agreement. The Practice may remove, amend or replace any provision of this Agreement at any time, but, if it does so, the Practice will notify you by e-mail, or by posting such changes on a Practice Website before they become effective.
    5. Client Agreements. If you are a client of the Practice, nothing in this Agreement will supercede any provision of your engagement letter, or other agreement with respect to the attorney-client relationship.
  2. Disclaimer
    1. No Legal Advice. The Practice Websites and all Content are provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. Any information contained in this or any other Practice Website should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter. No recipient of content from any Practice Website (whether clients or otherwise) should act or refrain from acting on the basis of any Content included in, or accessible through, this or any other Practice Website without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient's state, country or other appropriate licensing jurisdiction.
    2. No Attorney-Client Relationship. No attorney-client relationship will be formed based on your use of any Practice Website or any Services provided through any Practice Website. Information that you provide through a Practice Website will not be treated as confidential or proprietary unless the Practice expressly agrees to treat such information in such manner.
    3. Risks of Doing Business on the Internet. You acknowledge and agree that electronic communications and databases are subject to errors, tampering and break-ins and that, notwithstanding the Practice's implementation of reasonable security precautions, the Practice does not, nor does any entity that is part of the Practice, guarantee or warrant that such events will not take place. You agree to follow all access and security procedures provided by the Practice, from time to time, and will not attempt, nor will you aid or abet any other person in any attempt, to circumvent or otherwise interfere in any way with any security precautions or measures of the Practice.
    4. Links to Third-Party Websites. Practice Websites may include hyperlinks to third-party websites. Except with respect to other Practice Websites, the Practice is not, nor is any entity that is part of the Practice, responsible for, and makes no representations or endorsements with respect to, any such website, or with respect to any product or service that may be provided by or through such websites. You should be aware that such websites, products or services may be provided subject to privacy policies, acceptable use policies or other terms of use that differ substantially from the provisions of this Agreement, and you should consult such terms of use before using such websites, products or services.
    5. Certification of Specialties. Except where noted on their respective biographies, the lawyers of the Practice are not certified by the authority of their respective practice jurisdictions.
    6. NO WARRANTIES. THE PRACTICE PROVIDES THE PRACTICE WEBSITES AND ALL CONTENT AND SERVICES SOLELY ON AN "AS-IS/AS-AVAILABLE" BASIS. SAVE TO THE EXTENT REQUIRED BY ANY MANDATORY APPLICABLE LAW, NONE OF THE PRACTICE WEBSITES, CONTENT OR SERVICES ARE SUBJECT TO ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT. THE PRACTICE DOES NOT, NOR DOES ANY ENTITY THAT IS PART OF THE PRACTICE, GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY CONTENT OR SERVICES. IN ADDITION, THE PRACTICE DOES NOT, NOR DOES ANY ENTITY THAT IS PART OF THE PRACTICE, GUARANTEE THAT PROVISION OF ANY PRACTICE WEBSITE OR ANY SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY SERVICE WILL CONTINUE TO BE AVAILABLE.
  3. Acceptable Use Policy
    1. Courtesy and Common Sense. Participation in message boards and other online interaction with other users of Practice Websites should be governed by the same rules of courtesy and common sense as face-to-face interactions with other people who may share different opinions.
    2. Unacceptable Behavior. You will not (nor will you aid or abet any third party to): (i) upload, post, e-mail or otherwise transmit to a Practice Website any material that is: confidential or proprietary to you or any other person or entity, or that you do not have the right to disclose generally to the public; unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, defamatory, hateful or invasive of the rights of any other person or entity; likely to infringe or misappropriate any patent, copyright, trademark, trade secret or other intellectual-property right of any other person or entity; or, a virus, worm or Trojan horse, or any other computer code that is likely to disrupt, overload, harm or impair the functioning of any Practice Website; (ii) attempt to impersonate any other person, or otherwise misrepresent your identity, qualifications, affiliations or any other information about you; (iii) solicit other users or post any advertisement without the Practice's express written consent; (iv) attempt to disrupt, overload, harm or impair the functioning of any Practice Website; or (v) engage in any conduct that is unlawful, disruptive or otherwise inappropriate.
    3. Postings Not Anonymous. The Practice does not, nor does any entity that is part of the Practice, guarantee that any message-board posting or other material that you post on any Practice Website will not be traceable to you, either by the Practice or by other users. The Practice reserves the right to monitor any and all of your activities on Practice Websites, and to take appropriate action with respect to inappropriate or unlawful conduct, including, without limitation, reporting such conduct to appropriate authorities. In some cases, the functionality of Practice Websites or other technology also may allow other users to learn your identity or other information about you. You may be liable to other users, as well as the Practice, for any defamatory or otherwise unlawful material that you post on any Practice Website.
    4. Downloading Content. The Practice grants you a revocable, nontransferable, nonexclusive license to download copies of articles, contact information and other Content, solely for your individual or internal business use; provided, that you do not: (a) remove any copyright notice, trademark notice or other intellectual property notice from any copy of any Content, or (b) accept any consideration in exchange for any Content, or for services provided using any Content (including legal services) to any third party.
    5. Links to Practice Websites. The Practice grants you a revocable, nontransferable, nonexclusive license to include a hyperlink on your own website to the home page of any Practice Website; provided, that you do not: (a) "deep link" to any other page of any Practice Website, (b) "frame" any Practice Website or any Content, or otherwise cause any Practice Website or any Content to appear in a window with any other material, (c) cause the hyperlink or the Practice Website to be displayed in any way that is disparaging to the Practice, or any entity that is part of the Practice, or (d) otherwise imply or state that any type of relationship or special arrangements exist with the Practice, or any entity that is part of the Practice, that have not been approved in writing by the Practice. You agree that you will promptly remove any hyperlink to any Practice Website upon written request from the Practice to do so. In no event will you use the Practice's logo or any other trademark as a hyperlink "button" or in any manner without the Practice's express written consent.
    6. Indemnification. The Practice provides the Practice Websites, Content and Services solely as an accommodation to you, and the Practice and each entity that is part of the Practice will not accept any risks arising from your use thereof. As such, you will indemnify, defend and hold harmless the Practice, each entity that is part of the Practice, and their respective partners, employees, vendors and agents, from and against any and all claims that arise from or relate to: (a) your use of any Practice Website, Content or Service; (b) the Practice's use of any message-board posting, information or other material that you upload or send to, or post on, any Practice Website; or (c) your breach of any provision of this Agreement.
  4. Privacy Policy
    1. Your Privacy. The Practice is committed to the protection of your privacy, and will treat all of the information you provide through any Practice Website, including your registration information, with the utmost respect. The Practice works diligently to ensure that it has taken all appropriate administrative and technical measures to prevent the unauthorized or unlawful use of your personally identifiable information, and to prevent any accidental loss or destruction of, or damage to, such information. The Practice will not sell or disclose personally identifiable information about you to unaffiliated third parties except in accordance with this Article 4 (this "Privacy Policy").
    2. Collection of Information.
      As with many websites, the Practice Websites collect certain information about visitors, even when they are not logged in. The Practice may record your IP address, the URLs of the websites and pages you visit (before, during and after your visit to any Practice Website), the times and dates of such visits, information about the computer hardware and software you use and other information that may be available. Also, the Practice may place "cookies" on your computer to recognize you on return visits to enable the Practice to enhance your browsing experience, as well as to collect additional information about you. You may adjust your browser settings or use other means to prevent cookies from being placed on your computer, but doing so may result in reduced functionality and a less personalized browsing experience.
      During registration and at other times when you visit Practice Websites, the Practice may ask you to provide certain additional information about yourself, including your name, contact information, the organization you come from and certain other information that the Practice may use to identify you. If you choose not to provide such information, you may not be permitted to access certain Practice Websites, or certain Content or Services.
    3. Use of Information.
      The Practice uses the information that it collects about you to improve your browsing experience by personalizing the Practice Websites to your interest, and also to help the Practice select Content and Services that you may find interesting and useful. Information about the Content you visit and Services you use may be used alone or in conjunction with information collected from other users to help the Practice tailor the Practice Websites and its other products and services to better suit the needs and interests of you and other users.
      Information that you provide may also be used as part of the Practice's effort to keep you informed about events, special offers and selected products and services that may be of interest to you. In some cases, the Practice may contact you with information from carefully selected third parties, but the Practice will not provide information to third parties for such purposes. In other cases, your information might be shared with a third party pursuant to a process that contemplates such sharing but which you knowingly initiate.
      The Practice reserves the right to disclose any information that it obtains through any Practice Website to appropriate governmental or regulatory authorities, if required by law or any governmental agency.
    4. Transfers of Information. From time to time, the Practice may disclose information about you to carefully selected service providers that the Practice may engage to host Practice Websites or to provide other services. The Practice will require all such service providers to use the information solely to provide the specified services, and otherwise to conform to the requirements of this Privacy Policy. Except as provided in this Privacy Policy, the Practice will not provide your information to third parties for any other purpose, including marketing. Information that the Practice collects may be stored and processed in and transferred between each other entity that is part of the Practice and their respective partners, affiliates or contractors have offices in order to enable the Practice to use the information as set out in this Privacy Policy. The Practice will respect and protect your privacy as set out in this Privacy Policy.
    5. Reviewing and Updating Your Information. After you have registered on any Practice Website, you may review and update your registration information by following the procedure set forth in the applicable Practice Website. From time to time, the Practice may contact you to ask you to keep this information current. By doing so, you can help the Practice notify you of new developments and news from the Practice and the Practice Websites, as well as changes to the provisions of this Agreement.
  5. Registration
    1. Registration Information. Access to certain portions of the Practice Websites may require you to register by providing your e-mail address and certain other information. By registering, you are representing that you are at least 18 years old and that you are able to enter into a binding contract with the Practice and each of the entities that are comprised in the Practice. All of the information you provide in the course of registration must be accurate and updated in a timely manner.
    2. Codes. will be solely and fully responsible for the security of your any passwords and/or log-in information associated with a Practice Website (collectively, "Codes"), and for any and all actions taken using them. Your Codes are for your personal and individual use only. You will not attempt to access any Practice Website, or any Content or Services, using any Codes other than your own, nor will you permit anyone else to do so using your Codes. You will notify the Practice promptly if you know or suspect that your Codes have been compromised, and of any other known or suspected breach of Practice Website security.
    3. Modification or Termination of Codes. You may modify your Codes at any time by follow the instructions set forth in the applicable Practice Website. The Practice also reserves the right to suspend or terminate your Codes if it reasonably believes that your Codes are being used to post inappropriate material on a Practice Website, or otherwise to engage in conduct that is inappropriate or in breach of this Agreement.
    4. Cancellation of Registration. You may cancel your registration with the Practice Websites by sending written notice to the Practice at privacy@ncblc.com, providing your correct Login ID and Password and a statement to the effect "Please terminate my registered user status for all of your Practice Websites" and indicating "Cancel Registration" in the subject line. Within five business days after receiving such notice, the Practice will deactivate your Codes and will not make further use of your registration information, other than to maintain complete records.
    5. Additional Services. From time to time, the Practice may offer additional Services through a Practice Website. In some cases additional Services may be subject to alternative terms of use (as identified by the Practice), and your use of any such Services will constitute your acceptance of such alternative terms of use. Unless otherwise stated, such alternative terms of use shall apply to supplement this Agreement and in the context of any conflicting terms, this Agreement shall govern with respect to the Practice Websites, Content and Services, excepting only those Services which are expressly covered, and then only to the extent so expressly covered, by such alternative terms.
    6. Withdrawal of Services. The Practice reserves the right to withdraw any Practice Website or Service or to remove any Content without notice at any time.
  6. Intellectual Property
    1. Practice Content. All of the Content, including, without limitation, all text, graphics, video and sounds on any Practice Website, and all computer code associated therewith, are the valuable proprietary property of the Practice, its licensors and contributors, and are subject to copyright, trademark and other intellectual property protection. You acknowledge and agree that the Practice has expended substantial time and effort to create each Practice Website, and the Content and Services provided through each Practice Website, and that the Practice exclusively owns or has been licensed by third parties to use and sublicense all rights, title and interest therein and all associated information, data, databases, images and other material.
    2. Complaints and Digital Millennium Copyright Act. If you wish to make any complaint regarding any Content then please contact us at info@ncblc.com.
    3. License to Use Your Postings. With respect to any message-board posting, article or other material that you upload, post, e-mail or otherwise transmit to a Practice Website, you hereby grant to the Practice and each of the entities that are comprised in the Practice a perpetual, irrevocable, nonexclusive, royalty-free license to use, copy and publish such material on a Practice Website and elsewhere; provided, that the Practice will adhere to the provisions of the Privacy Policy with respect to your personally identifiable information.
  7. Limitations of Liability
    1. NO LIABILITY FOR DAMAGES. EXCEPT AS REQUIRED BY ANY APPLICABLE MANDATORY LAW, IN NO EVENT WILL THE PRACTICE OR ANY OTHER ENTITY THAT IS PART OF THE PRACTICE, OR ANY OF THEIR RESPECTIVE PARTNERS, EMPLOYEES, VENDORS OR AGENTS, BE LIABLE WITH RESPECT TO THIS AGREEMENT, ANY PRACTICE WEBSITE, ANY CONTENT OR ANY SERVICE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, RELIANCE, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY LOSS OF PROFITS, DATA, OPPORTUNITY, SAVINGS OR INTEREST, OR ANY PENALTIES OR ASSESSMENTS IMPOSED UNDER APPLICABLE TAX LAWS OR OTHERWISE, EVEN IF THE PRACTICE OR ANY OTHER ENTITY THAT IS PART OF THE PRACTICE, OR ANY OF THEIR RESPECTIVE PARTNERS, EMPLOYEES, VENDORS OR AGENTS HAS BEEN ADVISED OF THE LIKELIHOOD THEREOF.
    2. AGGREGATE LIABILITY. EXCEPT AS REQUIRED BY ANY APPLICABLE MANDATORY LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE PRACTICE OR OTHER ENTITY THAT IS PART OF THE PRACTICE, OR ANY OF THEIR RESPECTIVE PARTNERS, EMPLOYEES, VENDORS AND AGENTS WITH RESPECT TO ALL CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT, ALL PRACTICE WEBSITES, ALL CONTENT AND ALL SERVICES EXCEED AN AMOUNT EQUAL TO ONE HUNDRED UNITED STATES DOLLARS.
    3. MANDATORY APPLICABLE LAWS. CLAUSES 7.1 AND 7.2 SHALL NOT APPLY TO THE EXTENT THAT ANY LIABILITY MAY NOT BE EXCLUDED UNDER APPLICABLE MANDATORY LAWS. THE EXTENT OF THIS EXCEPTION WILL DEPEND ON THE COUNTRY IN WHICH YOU RESIDE AND THE CAPACITY IN WHICH YOU USE THE PRACTICE WEBSITES.
  8. Miscellaneous
    1. Jurisdiction. This Agreement will be governed by the laws of the State of North Carolina, without regard to its rules of conflict of laws. The state and federal courts located in Cleveland County, North Carolina, will have exclusive jurisdiction over any case or controversy arising from or relating to this Agreement, a Practice Website or any Services. Each party hereby consents irrevocably to personal jurisdiction in such courts with respect to any and all such matters, and waives any defense of forum non conveniens with respect to such courts. Notwithstanding the foregoing, either party may seek appropriate injunctive relief from any court having jurisdiction. Each party will and hereby does knowingly and voluntarily waive any right to a trial by jury in any case or controversy arising from or relating to this Agreement.
    2. Assignment. Your rights and obligations under this Agreement are personal to you and may not be assigned to any other party.
    3. Force Majeure. The Practice will not, nor will any entity that is part of the Practice, be deemed to be in breach of this Agreement for any failure or delay in performance caused by reasons beyond its reasonable control, including any natural calamity, act of God or a public enemy, act of any military, civil or regulatory authority, change in any law or regulation, disruption or outage of communications, power or other, failure to perform by any supplier or other third party, or any other cause beyond the reasonable control of the Practice (or any entity that is part of the Practice).
    4. Waiver. The Practice will not, nor will any entity that is part of the Practice, be deemed to have waived any breach by you of this Agreement, except by a written waiver expressly so stating, and such waiver will not be construed as a waiver of subsequent or continued breaches.
    5. Severability. If any provision of this Agreement is held to be invalid or unenforceable, such invalidity or unenforceability will be limited to the maximum extent permissible, and the other provisions of this Agreement will remain in full force and effect.
    6. Complete Understanding. This Agreement constitutes the final and complete agreement between the parties regarding the subject matter hereof, and supersedes any prior or contemporaneous communications, representations or agreements between the parties relating to the subject matter hereof.