Home | Privacy policy

Privacy policy

The following Privacy Policy applies to www.borowitzclark.com which is operated by Borowitz & Clark.

Borowitz & Clark does not collect personal identifying information except:

  1. to the extent that your web browser provides said information, such as your e-mail address or the site you linked from;
  2. to the extent that you provide said information to us in an e-mail message, comment, or application to create a user account; or
  3. to the extent that you provide said information to us in a form.

Borowitz & Clark will use your personal identifying information only for that specific purpose for which you submitted said information, except that Borowitz & Clark may use said information in an aggregated form in order to gauge the usefulness and popularity of its website and links to or from our site.

Drip Privacy

Protecting your private information is our priority. This Statement of Privacy applies to Drip.com, a website provided by Drip Global, Inc., and Borowitz & Clark, LLP and governs data collection and usage. For the purposes of this Privacy Policy, unless otherwise noted, all references to Borowitz & Clark, LLP include https://www.borowitzclark.com/ and Borowitz & Clark. The Borowitz & Clark application is a sms texting application. By using the Borowitz & Clark application, you consent to the data practices described in this statement. 

Collection of your Personal Information 

In order to better provide you with products and services offered, Borowitz & Clark may collect personally identifiable information, such as your: 

 – First and Last Name 

 – Mailing Address 

 – E-mail Address 

 – Phone Number 

We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain products or services. These may include: (a) registering for an account; (b) entering a sweepstakes or contest sponsored by us or one of our partners; (c) signing up for special offers from selected third parties; (d) sending us an email message; (e) submitting your credit card or other payment information when ordering and purchasing products and services. To wit, we will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non-personal information in the future. 

Use of your Personal Information 

Borowitz & Clark collects and uses your personal information to operate and deliver the services you have requested. 

Borowitz & Clark may also use your personally identifiable information to inform you of other products or services available from Borowitz & Clark and its affiliates. 

Sharing Information with Third Parties 

Borowitz & Clark does not sell, rent or lease its customer lists to third parties. 

Borowitz & Clark may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Borowitz & Clark, and they are required to maintain the confidentiality of your information. 

Borowitz & Clark may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Borowitz & Clark or the site; (b) protect and defend the rights or property of Borowitz & Clark; and/or (c) act under exigent circumstances to protect the personal safety of users of Borowitz & Clark, or the public. 

Right to Deletion 

Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will: 

• Delete your personal information from our records; and 

• Direct any service providers to delete your personal information from their records. 

Please note that we may not be able to comply with requests to delete your personal information if it is necessary to: 

• Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us; 

• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity; 

• Debug to identify and repair errors that impair existing intended functionality; 

• Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law; 

• Comply with the California Electronic Communications Privacy Act; 

• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent; 

• Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us; 

• Comply with an existing legal obligation; or 

• Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information. 

Children Under Thirteen 

Borowitz & Clark does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this application. 

E-mail Communications 

From time to time, Borowitz & Clark may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication. In order to improve our Services, we may receive a notification when you open an email from Borowitz & Clark or click on a link therein. 

If you would like to stop receiving marketing or promotional communications via email from Borowitz & Clark, you may opt out of such communications by “replying STOP” or “clicking on the UNSUBSCRIBE button.”. 

Changes to this Statement 

Borowitz & Clark reserves the right to change this Privacy Policy from time to time. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your account, by placing a prominent notice on our application, and/or by updating any privacy information. Your continued use of the application and/or Services available after such modifications will constitute your: (a) acknowledgment of the modified Privacy Policy; and (b) agreement to abide and be bound by that Policy. 

Contact Information 

Borowitz & Clark welcomes your questions or comments regarding this Statement of Privacy. If you believe that Borowitz & Clark has not adhered to this Statement, please contact Borowitz & Clark at: 

Borowitz & Clark, LLP 

3868 W Carson St #332 

Torrance, California 90503 

Email address: hct.borowitzclark@gmail.com

 
Telephone number: 877-439-9717

 
Effective as of January 05, 2022

Borowitz & Clark Messaging Terms & Conditions

Effective Date: January 05, 2022

This SMS message program is a service of Borowitz & Clark. By providing your cell phone number, you agree to receive recurring automated promotional and personalized marketing text messages (e.g., SMS/MMS cart reminders, sale notices, etc) from Borowitz & Clark. These messages include text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. You give Borowitz & Clark permission to send text messages to the enrolled cell phone number through your wireless phone carrier, unless and until you end permission per these Terms & Conditions. Consent to receive automated marketing text messages is not a condition of any purchase. Message & data rates may apply.

Message frequency may vary. Borowitz & Clark reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Borowitz & Clark also reserves the right to change the short code or phone number from which messages are sent and we will notify you if we do so.

Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Borowitz & Clark, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

By enrolling in the Borowitz & Clark messaging program, you also agree to these messaging terms & conditions (“Messaging Terms”), our Borowitz & Clark Terms of Use and Borowitz & Clark Privacy Policy.

Cancellation

Text the keyword STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT to the telephone number, long code, or short code that sends you our initial confirmation message to cancel. After texting STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT to the telephone number, long code, or short code that sends you our initial confirmation message you will receive one additional message confirming that your request has been processed. If you change your preferences, it may take up to 48 hours for it to take effect. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that Borowitz & Clark and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Borowitz & Clark through any other programs you have joined until you separately unsubscribe from those programs.

Help or Support

Text the keyword HELP to the telephone number, long code, or short code that sends you our initial confirmation message to receive a text with information on how to unsubscribe.

No Warranty

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT THE MESSAGING PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

Limitation of Liability

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT SHALL EITHER OF Borowitz & Clark OR ANY PARTY ACTING ON BEHALF OF Borowitz & Clark BE LIABLE FOR: (A) ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AGGREGATE AMOUNT EXCEEDING THE GREATER OF THE AMOUNT YOU PAID TO Borowitz & Clark HEREUNDER OR $100.00; OR (B) ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR ANY OTHER DAMAGES. YOU AGREE EVEN IF Borowitz & Clark HAS BEEN TOLD OF POSSIBLE DAMAGE OR LOSS ARISING OR RESULTING FROM OR IN ANY WAY RELATING TO YOUR USE OF THE Borowitz & Clark MESSAGING PROGRAM. Borowitz & Clark AND ITS REPRESENTATIVES ARE NOT LIABLE FOR THE ACTS OR OMISSIONS OF THIRD PARTIES, INCLUDING BUT NOT LIMITED TO DELAYS OR NON-DELIVERY IN THE TRANSMISSION OF MESSAGES.

Indemnity

To the maximum extent allowed by applicable law, you agree to indemnify, defend and hold harmless Borowitz & Clark, its directors, officers, employees, servants, agents, representatives, independent contractors and affiliates from and against any and all claims, damages, liabilities, actions, causes of action, costs, expenses, including reasonable attorneys’ fees, judgments or penalties of any kind or nature arising from or in relation to the these Messaging Terms or your receipt of text messages from Borowitz & Clark or its service providers.

Dispute Resolution

  1. General. Any dispute or claim arising out of or in any way related to these Messaging Terms or your receipt of text messages from Borowitz & Clark or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a dispute or claim arises will be resolved by binding arbitration. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND Borowitz & Clark ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY ARBITRATION.
  2. Exceptions. Notwithstanding subsection (a) above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or Borowitz & Clark to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.
  3. Arbitrator. Any arbitration between you and Borowitz & Clark will be governed by the JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
  4. No Class Actions. YOU AND Borowitz & Clark AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Borowitz & Clark agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. You agree that, by agreeing to these Messaging Terms, you and Borowitz & Clark are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
  5. No Class Actions. YOU AND Borowitz & Clark AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Borowitz & Clark agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
  6. Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Messaging Terms, if Borowitz & Clark makes any future change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to Borowitz & Clark’s contact information provided in the “Contact Us” section below, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Borowitz & Clark.
  7. Enforceability. If any provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.

Changes to the Messaging Terms

We reserve the right to change these Messaging Terms or cancel the messaging program at any time. By using and accepting messages from Borowitz & Clark after we make changes to the Messaging Terms, you are accepting the Messaging Terms with those changes. Please check these Messaging Terms regularly.

Entire Agreement/Severability

These Messaging Terms, together with any amendments and any additional agreements you may enter into with us in connection herewith, will constitute the entire agreement between you and Borowitz & Clark concerning the Messaging Program.