Thank you for visiting the Bold, Polisner, Maddow, Nelson & Judson, A Professional Corporation, hereinafter referred to as “BPMNJ”) website (the “Website”). Following are the policies of our firm governing e-mail sent by members and employees of BPMNJ, confidential information provided to BPMNJ, and the Website. Your receipt of e-mail from BPMNJ and your use of the Website is subject to the following terms and conditions. By accessing the Website, you acknowledge that you have read and accept these terms and conditions of use. We reserve the right to change these terms and conditions at anytime, effective immediately upon posting on the Website.
E-Signatures and E-Mail
This policy applies to all e-signatures and e-mails sent by BPMNJ and are the conditions under which our firm authorizes our shareholders, employees and agents to use electronic signatures.
ALL ELECTRONIC COMMUNICATIONS, INCLUDING ANY ELECTRONIC SIGNATURES OR IDENTIFIERS OF THE SENDER, ARE BEING TRANSMITTED SOLELY FOR INFORMATIONAL PURPOSES. BY MAKING THE ELECTRONIC COMMUNICATION, THE SENDER, INCLUDING BPMNJ, SPECIFICALLY DOES NOT INTEND TO AGREE, BIND, OR OTHERWISE CONSENT TO ANY MATTER FOR ANY PURPOSE WHATSOEVER, INCLUDING ANY AND ALL CLIENT REPRESENTATIONAL MATTERS, AND DOES NOT INTEND THAT THE ELECTRONIC COMMUNICATION, OR ANY RELATED OR ASSOCIATED ELECTRONIC MEDIA OR DATA, TO CONSTITUTE, OR TO BE DEEMED TO CONSTITUTE, AN ELECTRONIC SIGNATURE PURSUANT TO ANY STATE OR FEDERAL LAW OR REGULATION THAT AUTHORIZES THE USE OF ELECTRONIC SIGNATURES. IT IS THE STATED POLICY OF BPMNJ TO UTILIZE ELECTRONIC SIGNATURES ONLY WHEN ACCOMPANIED BY A STATEMENT AUTHORIZED BY BPMNJ TO THE EFFECT THAT THE SENDER SPECIFICALLY AND INTENTIONALLY INTENDS THAT THE ELECTRONIC SIGNATURE OR OTHER IDENTIFIER OF THE SENDER IS BEING TRANSMITTED AS AN ELECTRONIC SIGNATURE PURSUANT TO FEDERAL OR STATE LAWS OR REGULATIONS THAT AUTHORIZE ELECTRONIC SIGNATURES.
E-mails sent by our firm are intended only for the use of the individual or entity to whom it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient, it is hereby notified that any dissemination, distribution or copying of the communication is strictly prohibited. If you receive a communication in error, please notify the sender of the communication immediately.
If you are an existing client of our firm, the purpose of this notice is to explain what we will be doing with the financial information you provide to it, and the ways that it will protect your privacy. If you are not an existing client of our firm, this notice does not apply to you.
Types of Nonpublic Personal Information BPMNJ May Collect
We may collect nonpublic personal information about you that is provided by you or obtained by us in the course of providing you with legal services that you have requested. This information, in some cases, includes information about your personal finances and property.
Disclosure of Information
BPMNJ may disclose nonpublic personal information about you only to individuals or entities necessary in order to provide you with the legal services that you have requested. For instance, our staff may have access to your nonpublic personal information in order for it to efficiently provide you with the legal services you have requested. In some situations, we may provide information to another organization (such as your accountant, your realtor, or insurance company) in order to obtain information or assist in providing the legal services you have requested.
BPMNJ will not disclose any nonpublic personal information about you to anyone, except as is necessary in order to provide you with the legal services that you have requested.
You Have the Right to Prohibit Disclosure
If for any reason you do not want us to provide nonpublic personal information about you to other parties in the course of providing you with legal services, you may direct us not to make those disclosures. If you wish to direct our firm not to disclose information, please call the attorney representing you.
In order to guard your nonpublic personal information, we maintain physical, electronic, and procedural safeguards that comply with the Code of Professional Responsibility that governs our profession. Please call the attorney representing you with any questions that you have about protecting your privacy.
Website Informational Purposes Only
The materials on the Website have been prepared by BPMNJ and are for informational purposes only to permit you to learn about our attorneys and the services our firm offers. The information presented on the Website does not constitute legal advice and should not be used as such. The information on the Website is not a substitute for advice from qualified counsel licensed in your state or jurisdiction and should not be relied upon as such.
BPMNJ maintains offices in Walnut Creek and Sacramento, California. The principal office is located in Walnut Creek, California. BPMNJ attorneys named in the Website may not be authorized to practice law except in jurisdictions where we maintain offices.
The information on the Website is not intended to be advertising or solicitation. BPMNJ has endeavored to comply with all applicable legal and ethical requirements in creating the Website. We do not seek to represent anyone by means of the Website in a state or jurisdiction where the Website may not comply with all legal and ethical requirements of that state or jurisdiction.
The hiring of an attorney is an important decision that should not be based solely upon advertisements. Before you make a decision, we would be pleased to send you written information about BPMNJ’s qualifications and experience.
No Attorney-Client Relationship
Transmission, use, and receipt of the information on the Website and communications sent via e-mails or other transmissions are not intended to create and do not create an attorney-client relationship between you and BPMNJ. Unsolicited or confidential e-mails or other transmissions sent to our firm in connection with a matter for which we do not represent you may not be subject to an attorney-client privilege and may not be treated as privileged or confidential. Please do not send BPMNJ any confidential or sensitive communications without first speaking with and obtaining prior authorization from one of BPMNJ’s attorneys to send such communications.
Information contained on the Website is provided “as-is” without any warranty, expressed or implied, including but not limited to, fitness for a particular purpose, noninfringement, and merchantability. BPMN disclaims any warranty or representation that information contained on the Website is or will be always accurate, complete, or current. As the law is constantly changing, the information on the Website may or may not reflect the most current legal developments.
Your use of the Website is at your own risk. You agree that BPMNJ may modify the Website at any time without notice and that our firm is not responsible for any errors or omissions or for any damages from the use of the Website under any circumstances. This includes any direct, incidental, or consequential damages, or other expenses, losses, or costs arising through use of the Website including but not limited to, computer system viruses or bugs, hardware or software malfunctions, and network connection errors.
Intellectual Property Rights
All materials on the Website, including but not limited to, text, images, designs, photographs, illustrations, and other materials, are protected by intellectual property laws and are the copyrights, trademarks, and other intellectual properties owned, controlled, or licensed by BPMNJ. Except as provided herein, none of the materials on the Website may be copied, reproduced, distributed, downloaded, displayed, or transmitted in any form or by any means without the prior written consent of BPMNJ. However, you may copy, reproduce, distribute, download, display, or transmit materials on the Website for your personal, non-commercial, or temporary use within your organization only, provided you do not modify the materials or create derivative works based on the materials, and provided that you retain all copyright, trademark, and other proprietary notices contained in the materials. BPMNJ will enforce its intellectual property rights to the full extent of the law.
If you are not an existing client of BPMNJ and choose to provide personal information about yourself, by sending us e-mail or filling out our Website form, we may collect and use that information to contact you or to send you additional information. We may also collect information your browser provides to us regarding your use of the Website, including time of visit, duration, and areas of interest. We may use this information to identify levels and areas of interest in BPMNJ which enables us to improve and refine the content of the Website. Our firm does not sell any of this personal information to third parties.
Please remember that if you are not an existing client of our firm, any communication you send to us will not be treated as confidential unless you have prior authorization from one of our attorneys. Even if you receive such authorization, we cannot guarantee the security of your electronic communication. Therefore, you should consider other means of sending confidential or sensitive information.
Although our firm uses security to protect any personal or confidential information disclosed on the Website, we cannot guarantee that such security will protect against, and we expressly disclaim any liability for, any loss, misuse, or modification of such personal or confidential information.
By accessing the Website, you agree that any disputes or matters arising out of or related to your viewing or use of the Website shall be governed by the laws of the State of California.
IRS CIRCULAR 230 DISCLOSURE: To comply with requirements imposed by the Department of the Treasury, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended or written by the practitioner to be used, and that it cannot be used by any taxpayer, for the purpose of (i) avoiding penalties that may be imposed on the taxpayer, and (ii) supporting the promotion or marketing of any transactions or matters addressed herein. Our use of a disclaimer does not change the high degree of care and attention that we devote to our tax advice. Moreover, the inclusion of the disclaimer does not indicate that penalties could be imposed on the transaction at issue, but rather merely indicates that the advice we have provided you in such communication does not preclude the IRS from asserting penalties. Finally, please be assured that the use of such a disclaimer to avoid unnecessary legal expenses is similar to the approach adopted by most other tax practitioners.