Privacy Policy of The Law Office of Chad D. Cummings PLLC d/b/a Cummings & Cummings Law

Last Updated: September 25th, 2025

Introduction and Acceptance

This Privacy Policy (“Policy”) governs your use of the website operated by The Law Office of Chad D. Cummings PLLC d/b/a Cummings & Cummings Law (“Firm,” “we,” “us,” or “our”). This Policy describes in detail the categories of information we collect, the purposes for which we use such information, the rights you grant us by submitting your information, the limits of your rights to revoke or restrict such use, and the mandatory dispute resolution requirements that apply to all matters arising from or relating to this Website.

By visiting, accessing, or using this Website in any manner, you expressly acknowledge that you have read, understood, and agreed to the terms of this Policy in its entirety. If you do not agree, you must immediately cease use of the Website and not submit any information. Use of this Website is strictly limited to residents of Florida, Texas, and Oklahoma (“Covered Jurisdictions”). If you reside outside the Covered Jurisdictions, you are prohibited from accessing this Website, submitting information, or contacting the Firm through this Website. Any violation of this restriction constitutes unauthorized use, and you assume all associated risks.

This Policy does not and shall not create an attorney-client relationship. No attorney-client relationship may arise except through the execution of a signed Letter of Engagement with the Firm and payment and acceptance of any required deposit or retainer. In the event of a conflict between this Policy and a Letter of Engagement, the Letter of Engagement shall control.

Definitions

For purposes of this Policy, the following definitions shall apply:

  • “Communications” means all forms of contact, including but not limited to telephone calls, text messages (SMS/MMS), emails, facsimiles, prerecorded or artificial voice messages, autodialed or predictive dialer calls, newsletters, push notifications, social media messages, instant messages, or messages delivered through digital applications such as WhatsApp, Facebook Messenger, Instagram, LinkedIn, X (formerly Twitter), or any successor platform.
  • “Automated Means” means the use of any system, platform, software, hardware, or process that delivers or initiates Communications without manual dialing or individualized message composition, including but not limited to automatic telephone dialing systems as defined under federal law, predictive dialers, and bulk messaging software.
  • “Contact Information” means any information you voluntarily submit through the Website or related channels, including but not limited to your name, email address, telephone number, mobile number, physical address, business address, payment credentials, social media handles, IP address, or device identifiers.
  • “Covered Jurisdictions” means solely the States of Florida, Texas, and Oklahoma.
  • “Unauthorized User” means any individual who accesses this Website from outside the Covered Jurisdictions. Unauthorized Users are expressly prohibited from using the Website or providing Contact Information.
  • “User,” “you,” or “your” refers to any individual who accesses or uses the Website, regardless of residency.

Scope of Information Collected

The Firm collects the following categories of information, which you expressly agree to provide by your use of the Website:

  1. Contact Information. Includes all identifiers submitted through Website intake forms or communications, such as name, address, telephone number, email address, or social media identifiers.
  2. Payment Information. If you engage the Firm’s services and make payments online, the Firm collects information necessary to complete the transaction, including credit card number, expiration date, CVV code, billing address, and related credentials, and you expressly authorize the Firm to share this information with its payment processor for purposes of completing your transaction and to detect and prevent fraud.
  3. Technical Data. Includes IP address, browser type, device identifiers, cookies, tracking pixels, analytics logs, and session identifiers.
  4. Voluntary Submissions. Includes any narrative text, uploaded documents, or other content you provide via Website forms, including sensitive or confidential information.

By submitting any information, you represent and warrant that all information is accurate, that you have authority to provide it, and that you are not providing the information of another individual without authorization.

Express Consent to Communications

By providing Contact Information through this Website, you provide express written consent for the Firm, its attorneys, employees, and authorized contractors to initiate Communications with you through any method, including by Automated Means.

You expressly acknowledge and agree that:

  • Such consent applies notwithstanding your registration of any telephone number or email address on any federal or state Do Not Call registry or similar list.
  • Such consent covers all categories of Communications, including legal consultations, scheduling matters, informational updates, alerts, newsletters, marketing messages, promotional offers, reminders, and any other messages relating to the Firm’s services.
  • Such consent remains valid indefinitely unless and until revoked strictly in accordance with the revocation procedure set forth below.
  • You will notify the Firm immediately if your Contact Information changes, including reassignment of a phone number or email address, and you assume all liability for Communications directed to any third party resulting from your failure to provide timely notice.
  • The Firm may retain records of your consent indefinitely for purposes of legal compliance and enforcement.

Your consent is provided with full knowledge that certain Communications may be transmitted using Automated Means, prerecorded messages, predictive dialers, and other systems regulated under the Telephone Consumer Protection Act, the Florida Telephone Solicitation Act, and Texas SB 140.

Revocation of Consent

You may revoke consent to Communications only by the following two exclusive methods:

  1. By clicking the “opt-out” link contained in an email sent by the Firm; or
  2. By sending written notice via USPS Certified Mail, return receipt requested, to the Firm’s mailing address provided below.

No other method of revocation shall be recognized, and any attempt to revoke consent by telephone, text message, ordinary mail, or other means shall be null and void.

Google Analytics

We utilize Google Analytics to monitor, analyze, and improve the performance and functionality of this Website. Google Analytics automatically collects information such as your IP address, device identifiers, geographic location, browser type, operating system, referral source, time spent on pages, and patterns of Website usage. By accessing this Website, you consent to the processing of data about you by Google in the manner and for the purposes set forth in Google’s Privacy Policy and Terms of Service. The Firm does not control, and expressly disclaims liability for, Google’s use, disclosure, or retention of data. You acknowledge and agree that such data collection may involve the transfer of information to servers located outside of your state or country. You further agree that it is your sole responsibility to install, configure, or utilize any browser tools, plug-ins, or settings (such as Google’s opt-out browser add-on) if you wish to restrict the scope of Google Analytics tracking. By continuing to use this Website, you waive any claim against the Firm arising from or relating to Google’s collection, processing, or retention of your data.

Retention and Recordkeeping

The Firm reserves the right to maintain detailed records of all consents provided, including the time, date, method of submission, IP address, device information, and substance of the consent. You expressly acknowledge and agree that such records may be used by the Firm in any proceeding to establish proof of your consent.

User Obligations and Indemnification

You represent and warrant that:

  1. All Contact Information submitted is accurate, current, and lawfully yours to provide.
  2. You are not submitting information on behalf of any third party without express authority.
  3. You are not an Unauthorized User as defined above.

You agree to indemnify, defend, and hold harmless the Firm, its attorneys, employees, and agents from and against any and all claims, damages, penalties, fines, costs, and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your provision of inaccurate or unauthorized Contact Information, (ii) your failure to update your Contact Information, (iii) any Communications delivered to third parties as a result of your actions, or (iv) your violation of this Policy.

Data Sharing and Third-Party Platforms

The Firm may share your Contact Information or Payment Information with third-party vendors solely as necessary to process transactions or deliver Communications. Such vendors include, but are not limited to, Clio, Stripe, Google, Meta, and similar providers. Each vendor maintains its own privacy policy and terms of service, which govern their handling of your information. The Firm assumes no responsibility for, and disclaims all liability arising from, third-party misuse or unauthorized disclosure of your information.

Data Security

We implement commercially reasonable security safeguards to protect your information. However, you acknowledge that no method of transmission or storage is entirely secure, and you assume the risk of unauthorized access, disclosure, or interception. The Firm shall not be liable for any damages arising from unauthorized access to or use of your information.

Children’s Privacy

This Website is not directed to children under the age of 18. We do not knowingly collect information from minors. Any submission of information by a minor shall be deemed void, and the minor’s guardian assumes all liability.

Mandatory Arbitration and Waiver of Class Actions

Any controversy or claim arising out of or relating to this Website, this Policy, or any Communications must be resolved exclusively by binding arbitration in Collier County, Florida, administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules.

The arbitration shall be conducted by a single arbitrator on a “baseball style” basis, such that the arbitrator must select one of the Parties’ proposed resolutions without modification. The arbitrator’s decision shall be final and non-appealable, and judgment on the award may be entered in any court of competent jurisdiction.

You expressly waive any right to participate in a class action, collective action, private attorney general action, or other representative proceeding. You further waive the right to initiate or pursue any Chargeback with any financial institution. Any Chargeback constitutes an immediate breach of this Policy. The Firm may recover from you its reasonable attorney’s fees and actual costs incurred in responding to any Chargeback.

This arbitration clause shall survive the termination, expiration, or modification of this Policy.

Governing Law and Venue

This Policy shall be governed exclusively by the laws of the State of Florida, without regard to conflict of law principles. Venue for enforcement of any arbitration award or for any permitted action shall lie solely in the courts of Collier County, Florida.

Policy Updates

The Firm reserves the right to revise this Policy at any time, with or without notice. Updates shall be effective immediately upon posting to this Website. Your continued use of the Website constitutes acceptance of all revisions.

Contact Information

The Law Office of Chad D. Cummings PLLC
24850 Burnt Pine Drive, Suite
Bonita Springs, FL 34134-0905
United States of America
Available by appointment only.