Terms, Conditions of Use and Privacy Policy

Effective December 1, 2018

The information contained on this web page governs your use of the Kozeny & McCubbin, LC web site. By using this site, you acknowledge that you understand the terms and conditions set out herein, and that you agree to comply with these terms and conditions. If you are unable to accept and abide by these terms, please do not use this site or its information. Please note that these terms and conditions may change from time to time. Therefore, please refer to this material whenever you use the site.

Terms & Conditions of Use

No Attorney-Client Relationship Formed

All materials on this web site are provided by Kozeny & McCubbin, LC for informational purposes only and do not contain legal advice, legal opinions or any other form of advice regarding any specific facts or circumstances. The transmission or receipt of information contained on this site does not form or constitute an attorney-client relationship with Kozeny & McCubbin, LC or any of its attorneys or consultants. Any use of the information contained on this web site or transmittal of information to or from emails on this web site do not constitute a reasonable basis for a belief that use creates an attorney client relationship.

Transmission of Information

It is important that no conflict of interest be created between you and any of our current or past clients. Therefore, under no circumstance should you provide us with information pertaining to a matter without first speaking to one of our attorneys and receiving confirmation that the appropriate conflict checks have been cleared and that the firm is otherwise able to accept the engagement. If you email or otherwise provide information, materials or documents prior to your receipt of such confirmation and an appropriate engagement, we may not be able to treat that information as privileged, confidential or protected information. You recognize that our review of your information, even if you submitted it in a good faith effort to retain us, and even if you consider it confidential, does not preclude us from representing another client directly adverse to you, even in a matter where that information can be used against you.

Limitation of Liability

Although Kozeny & McCubbin, LC makes reasonable efforts to keep material on this web site current, the information contained in this web site is provided only as general information, which may or may not reflect the most recent legal developments. Therefore, you should not act upon any information on this website without seeking professional counsel. Kozeny & McCubbin, LC makes no warranties, representations or claims of any kind with respect to any of the information on this web site, including without limitation the accuracy, completeness and suitability for any purpose of this information. Under no circumstance shall Kozeny & McCubbin, LC or any of its attorneys, consultants or agents involved in the creation or delivery of the material on this web site be liable to you or anyone else as a result of damages from your access or use of material on this web site.

Restrictions on Use of Materials

All materials contained on this web site, and all intellectual property rights thereto, including copyrights, trademarks, service marks, trade names and trade dress, are owned by Kozeny & McCubbin, LC or its affiliates. You agree not to copy, reproduce, republish, transmit, modify or distribute any of the materials contained on this web site, except for your personal, noncommercial use, absent the prior written approval of Kozeny & McCubbin, LC .

Links to Other Sites

This web site occasionally contains links to other web sites, or may lead you to other web sites that are beyond the control of Kozeny & McCubbin, LC . Kozeny & McCubbin, LC is not responsible for the content of any such sites, makes no representations regarding any such sites, and does not necessarily endorse or approve the information, material, products or services contained on or accessible through any such sites. Your linking to other sites, your use of such sites, and your use of any information, material, products and services offered by such sites, are done solely at your own risk.

Indemnification

You hereby agree to defend, indemnify and hold harmless Kozeny & McCubbin, LC , its attorneys, consultants and agents, from any claims, damages, costs and expenses (including reasonable attorneys’ fees) resulting from your failure to comply with the Terms and Conditions of Use of this web site, and/or from your posting or use of materials on this web site. Please contact Kozeny & McCubbin, LC if you have any questions regarding your obligations under this provision.

Governing Law & Forum

These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the State of Missouri, without giving effect to any principles of conflicts of law. Any dispute regarding these terms or conditions or use of this web site shall be resolved in the United States District Court for the Eastern District of Missouri, provided it has subject matter jurisdiction. Otherwise, such disputes shall be decided before the courts of St. Louis County, Missouri. Each party hereby agrees to waive its right to a jury trial in all legal proceedings.

Disclosures and Disclaimers

In some states, this web site may be deemed an advertisement. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free, written information about our qualifications and experience.

In the event you believe this web site does not comply with the rules of the state where you reside, you should disregard its contents and, if you wish, seek information about the services provided by Kozeny & McCubbin, LC from other resources or directly from the firm or its attorneys.

Privacy Policy

Kozeny & McCubbin, LC is committed to maintaining the privacy of personal information collected on the Internet. This privacy policy discloses the personal information gathering and disseminating practices of Kozeny & McCubbin, LC in connection with the use of this web site. This policy statement does not address the collection or dissemination of personal information through other sources such as in-person seminars or an attorney’s personal contacts. Please read the following information carefully to understand our views and practices regarding the collection, use and dissemination of your personal data. Use of this web site constitutes consent to Kozeny & McCubbin, LC ‘s collection and use of personal data as outlined herein.

Collection of Personal Information from Site Users

Never provide any case or matter specific information through the Kozeny & McCubbin, LC website.  For pending or active matters, contact the appropriate attorney or staff members through the telephone numbers or email addresses you have received from our office.  For any new referrals, you must contact our office via telephone, email or other recognized means of communication prior to providing any details about your matter.  Kozeny & McCubbin, LC must perform checks for conflicts of interest prior to accepting a representation and receiving any case specific information from a new client.

If you are the opposing party on any matter the firm is handling, DO NOT communicate with Kozeny & McCubbin, LC or any of its attorneys or staff members through the website.  Communication should be made through the phone numbers or email addresses you have received from our attorneys or staff members.  If you are represented by an attorney, you may only communicate with Kozeny & McCubbin, LC and its attorneys and staff members through your attorney.

Generally, our web site can be visited without revealing any information about yourself. There are times, however, when we ask for personally identifiable information from you, such as your name, company, e-mail address, phone number, and address. We request this personal information in order to generally correspond with you, to provide you with a subscription to a newsletter or publication, to notify you about events, or to otherwise respond to your request. Where applicable, our web site will differentiate between personal data fields that are optional and those that are mandatory to obtain the requested information.

Kozeny & McCubbin, LC may collect and/or track (a) the home server domain names, e-mail addresses, type of computer, and type of web browser of users to the web site, (b) the e-mail addresses of users that communicate with Kozeny & McCubbin, LC or the web site via e-mail, (c) information knowingly provided by the user in online forms, registration forms, surveys, etc. (including name, address, e-mail and other personal profile data), and (d) aggregate and user-specific information on which pages users access.

Kozeny & McCubbin, LC may place Internet “cookies” on users’ hard drives. Internet cookies can save data about individual users, such as the user’s name, password, user-name, screen preferences, the pages of a web site viewed by the user, and the advertisements viewed or clicked by the user. When the user revisits the web site, Kozeny & McCubbin, LC may recognize the visitor by the Internet cookie and customize the user’s experience accordingly. Users may decline Internet cookies, if any, by using the appropriate feature of their web client software, if available. However, declining to use cookies may impede the ability of the web site to function properly.

When a user performs a search within the web site, Kozeny & McCubbin, LC may record information identifying the user or linking the user to the search performed. Kozeny & McCubbin, LC may also record limited information associated with every search request made by the user and use that information to, among other things, solve technical problems with the service and to calculate overall usage statistics.

Use of Personal Data Collected

Kozeny & McCubbin, LC may use the personal data it collects for internal purposes, namely, for solving technical problems, calculating overall usage statistics, for internal marketing and promotional purposes, product development, content improvement, and to contact you and provide you with the information you have requested. Kozeny & McCubbin, LC will not disclose to third parties any individually identifying information, such as names, postal and email addresses, telephone numbers, and other personal information which users voluntarily provide to Kozeny & McCubbin, LC , except to the extent necessary to comply with applicable laws or legal processes (e.g., subpoenas), or to otherwise protect the rights or property of Kozeny & McCubbin, LC .

Security Measures

Kozeny & McCubbin, LC implements security features in an effort to prevent the unauthorized release of or access to personal information. Please note, however, that Kozeny & McCubbin, LC cannot guarantee the confidentiality of any communication or material transmitted to or from Kozeny & McCubbin, LC via the web site or e-mail. Accordingly, Kozeny & McCubbin, LC is not responsible for the security of information transmitted via the Internet. In addition, whenever you select or receive a login and unique password for use of this web site, you are solely and fully responsible for the security of this information, and for all acts and actions taken regarding them. For more private communications, users can contact Kozeny & McCubbin, LC by telephone at the main office and direct line telephone numbers provided on the web site.

Opt-Out Right

Users may at any time opt out of having their personal information used by Kozeny & McCubbin, LC to send promotional correspondence to the user, by contacting Kozeny & McCubbin, LC by telephone at the main office and direct line telephone numbers provided on the web site. If you receive a marketing email from Kozeny & McCubbin, LC , you will be provided with an automated way to opt out (unsubscribe) from that particular communication or from all marketing emails sent by Kozeny & McCubbin, LC . Please follow the instructions on the email you receive.

Access & Correction

If you wish to access or update the personal information you submit through our web site, or to make any inquiries about the processing of such information, please contact us at the main office and direct line telephone numbers provided on the web site. We provide individuals with access to their personal information where we believe appropriate, including in situations where you are entitled to access and review your personal information under applicable data protection and privacy laws.

Revisions to Privacy Policy

Kozeny & McCubbin, LC reserves the right to change this Privacy Policy from time to time. Please check the Privacy Policy frequently and particularly before you submit additional personal information via the web site.



Disclaimer

Kozeny & McCubbin, LC publishes this website as a service to our clients, colleagues and others. It is for informational purposes only. The content of this website is not intended to create, and does not create an attorney-client relationship. No visitor to this website should act, or refrain from acting, based on information on it and should seek appropriate legal or other professional advice regarding any questions, uncertainties or issues they may have. If you contact Kozeny & McCubbin, LC through this website, or otherwise communicate with us via email, no attorney-client relationship is created. You should not transmit confidential information. Communications with the firm by e-mail over the internet may not be secure. You should avoid sending confidential information in these manners unless such communications are properly encrypted or otherwise protected. Some state bars may consider the materials on this website as ADVERTISEMENTS. The hiring of an attorney is an important decision. Do not base it solely on the information contained in this website. Examples of past engagements, representations and/or successes set forth on this website are not, and should not be taken as, promises or indications of future results. While we attempt to provide current, accurate information, we cannot guarantee that this information is the most current, correct or complete, or that it applies to your particular situation. If you communicate through this Web site, remember that it is not confidential. We may have prior client relationships or other potential conflicts that would prevent us from representing you or from treating your communications as confidential.

PRIVACY POLICY
TERMS OF USE