Terms of Use

Effective June 5, 2015

This Agreement governs your use of https://capitalcitylawnc.com (hereinafter, “Website”), and its associated content including text, images, downloadable files, and digital information stored within regardless of form. By accessing this Website or its content (including subdomains), you agree to all terms contained herein. The use of “we” or “us” in this Agreement refers to Smalling, Dowell and Buyrn, PA d/b/a Capital City Law. The use of “you” or “visitor” in this Agreement refers to any user of this website or its associated content. The use of “Public Website” refers to all content accessible through the root domain, https://capitalcitylawnc.com. The use of “Secure Client Portal” refers to all content accessible through the secure subdomain, https://access.capitalcitylawnc.com.

  • 1General Terms of Use

    You are not a client of Capital City Law until both you and a Capital City Law attorney agree in writing that Capital City Law will represent you.

    Under no circumstances does the use of our website, OR SUBMISSION THROUGH THE WEbSITE’S ONLINE FORMS, create an attorney-client relationship. If you are in need of immediate legal assistance, do not wait for a response by email. Contact our office BY PHONE, or the office of another attorney.

    Presumption of Confidentiality

    Although no attorney-client relationship is established through the use of our website, all data submitted through its online forms, by email, or otherwise, is treated as confidential. Prospective clients should be aware that our duties of confidentiality and the attorney-client privilege may not arise until the agreement described above is reached. Once you have provided us with your personal information, we will first run a crosscheck for any possible conflict of interest before accepting representation of your matter.

    All our records are securely retained in electronic files, along with secure backups, for the period of years required under North Carolina law.

    Limitation of Services

    This Website, and Capital City Law, offer services related to North Carolina and Virginia law only.

    Privacy Policies

    Different privacy policies govern your interactions with our website. Public Website Access is discussed in Section 2 below. Section 3 discloses our privacy policy for the Secure Client Portal.

    Server Environment

    Our Website, and its associated content, is hosted on a third-party server. All information contained herein remains the sole property of Capital City Law, with the following exceptions:

    • Imaginovation L.L.C. retains some copyrights in the visual design and presentation of the Public Website Access.

    • Moirai Corporation retains certain ownership rights, including copyrights, in the Secure Client Portal which is powered by Moirai Corporation’s software as a service (SAAS) platform. However, these ownership rights do not extend to any content created or modified by you or Capital City Law.

    • You are the owner of all information you submit through our Public Website Access or Secure Client Portal. At any time, you may request that we remove any and all information you have submitted or modified through our website. However, we reserve the right to keep a copy of such information for archival purposes and to comply with our ethical obligations as attorneys.

    Articles and Other General Public Information Provided on this Website

    Any articles for general knowledge published on this website contain basic information on legal matters and are not meant to provide advice regarding a specific legal problem you may have. We remind you not to rely on this general information without first communicating with us or other legal representation regarding your specific legal situation.

    Copyright

    Capital City Law claims copyright protection on all of the content provided in this website. The content from this website may not be reproduced, copied and/or redistributed in any form without the express permission of Capital City Law. Furthermore, the content from this website cannot be modified nor can it be used for commercial purposes.

    Technology and Security

    Capital City Law may communicate with you by email, and has taken steps to ensure these emails are encrypted at all times while on our web server. However, Capital City Law recognizes that you may not utilize email encryption. Therefore, in the event Private Personal Information needs to be sent electronically to you, it will be redacted prior to transmission, delivered via the Secure Client Portal, or delivered by other encrypted means. This does not prevent you from sending Private Personal Information to us by email. Capital City Law expressly disclaims responsibility for any material sent to our emails in an unencrypted fashion and all associated liability to the fullest extent of the law.

    Limitation of Liability – No Warranties

    Capital City Law assumes no liability for any errors or omissions in the content of this website. We will not be responsible under any legal theory for damages, including direct, indirect, incidental, consequential or special, arising as a result of your use of this website. As stated above, this website pertains to the practice of North Carolina law only. Therefore, the content of this website is not applicable in any other state other than North Carolina.

    The general information provided on this website is provided without warranty of any kind, express or implied. Capital City Law reserves the right to change, modify, add, and delete the content on this website.

  • 2Privacy Policy – Public Website Access

    These privacy terms apply to your interactions with the Capital City Law Public Website, accessible at the following domain: https://capitalcitylawnc.com. This policy explains what information we gather, how that information may be used and who we may share it with (no one), how you may change the information you have shared with us, and how we will notify you of any changes to this policy.

    Direct Information Collection (Via Website Forms)

    We are the sole owners of any information submitted through the secure forms provided on our public website.

    These forms may request certain information about you, including your name, address, email, or phone number.

    Our Website does not knowingly collect, maintain, or seek the information of minors under thirteen (13) years of age. The services offered on this Website are not directed toward minor children.

    Information submitted via website forms is encrypted before transmission to our server, and remains encrypted while stored on our server.

    Indirect Information Collection (Google Analytics)

    This website uses a third-party analytics monitoring, Google Analytics, to track our website visitors and improve our content delivery. Information on your computer’s operating system, web browser, IP address, and any previous visits to our Website is recorded.

    Google Analytics uses cookies to track your activity on our website, which allows us to collect important data about how our website is used. Google Analytics uses only first-party cookies – this means that these cookies can be read only by the Google Analytics software residing on our Website. Any data gathered from cookies is used only for statistical analysis related to your browsing behavior on our Website. You may opt out of this process by turning off cookies in the preferences settings in your browser. More information on Google Analytics and Google’s Privacy Policy can be found at http://www.google.com/analytics/learn/privacy.html.

  • 3Privacy Policy – Secure Client Portal

    These privacy terms apply to your interactions with the Capital City Law Secure Client Portal, accessible at the following subdomain: https://access.capitalcitylawnc.com. This policy explains what information we gather, how that information may be used and who we may share it with (no one), how you may change the information you have shared with us, and how we will notify you of any changes to this policy.

    Direct Information Collection (Via Form Submissions, File Uploads)

    Any and all information you submit through the Secure Client Portal is maintained as confidential property of Capital City Law. This information is encrypted at all times, both in transit and in storage (i.e. from your computer to our server). You are the owner of all information you submit through the Secure Client Portal. At any time, you may request that we remove any and all information you have submitted or modified through our website. However, we reserve the right to keep a copy of such information for archival purposes and to comply with our legal and ethical obligations.

    Security Tracking

    All actions taken by users of the Secure Client Portal are tracked. In some cases, the logs of these actions are maintained indefinitely. This tracking data is encrypted, and can only be accessed as follows:

    • Capital City Law can access all of the following information about your interaction with the Secure Client Portal:

      • Access date(s) and time(s),

      • Any and all actions taken,

      • Any files or messages left on the server,

      • Any error messages or logs you received, and

      • Any unauthorized attempts to access unauthorized areas.

    • The SASS provider can access only the following information about your interaction with the Secure Client Portal:

      • User interactions with the website, including URLs, for purposes of quality control, improvement, and error correction.

      • Usernames and IP addresses (but not passwords) used to access the site, and the time such access occurred (or was attempted) to ensure software security and verify user accounts.

      • NOTE: all data submitted by Capital City Law or you is stored in encrypted form and under no circumstances does the SASS provider access this data in unencrypted (i.e. readable) form.

  • 4Changes to These Policies

    We reserve the right to modify this policy as circumstances require. You may find the most recent version of this policy, along with its effective date, at https://capitalcitylawnc.com/terms-of-use. An archive of previous versions of this policy can be found at https://capitalcitylawnc.com/terms-of-use/archives.