Resch Polster & Berger LLP Privacy Policy, Terms of Use & Disclaimers
Last updated April 8, 2019
Resch Polster & Berger LLP RPB (“RPB”, “We”, “Our”, or “Us”) values the privacy of the visitors to its website (individually, “User”, “Visitor”, or “you”, and collectively, “Users” or “Visitors”), and makes it a priority to protect any personally identifiable information it obtains from its Users. This Privacy Policy and Terms of Use (the “Privacy Policy”) explains RPB’s collection, use, and protection of your personal information on and in connection with our website (“Website”).
By accessing the Website, or by otherwise submitting your personal information to us, you give your consent to the collection and use of personal information as explained in this Privacy Policy. The term “personal information” refers to non-public information that personally relates to or identifies you (such as your name, password, age, gender, e-mail address, postal mailing address, zip code, home/mobile telephone number, Social Security number and/or taxpayer identification number, investment objectives, investment experience, assets and income, and other similar information). Non-personally identifiable information collected on the Website may include, without limitation, website pages viewed, sites visited before visiting the Site, frequency of visits, clickstream data, browser type, operating system, organization name, articles, internet connection speed, time spent viewing pages of our Website or using certain features of our Website, demographic data such as server locations, clickstream data, location services, server location, cookies existing on your computer, search criteria used and results, date and time of access or visits to our website, frequency of visits to our website, connection speed, and other information which does not specifically identify you.
Updates and Changes to Privacy Policy
In the event of a change in this Privacy Policy, a revised Privacy Policy will promptly be posted to our Website, and the “Updated” date will be changed. If the revised Privacy Policy contains a material change to how we collect or use personal information, notice of the change will be e-mailed to you or posted on the Website’s home page. Please revisit this page to familiarize yourself with changes to the Privacy Policy. You agree to accept posting of a revised Privacy Policy as described herein as actual notice to you of such revised Privacy Policy. Your continued use of the Website after such posting constitute to the collection and use of your information as described in the then-current Privacy Policy.
What Personal Data We Collect
At this time, RPB does not collect personally identifiable information about the Visitors to our Website unless they choose to contact us through one of our forms. Under such circumstances, the information we collect may include: first name, last name, city, state, address, zip code, phone, e-mail address and other information specific to the service requested or provided.
Visitors do not need to create an account to use this Website and we do not store information about our Visitors except as indicated in this Privacy Policy.
Contact Forms
We utilize contact forms on our Website. The information you provide through these forms is used to generate an e-mail to our office. We do not store this information on our web servers but this information is stored on our e-mail servers.
Information We Collect Automatically
We also collect some information automatically via our Website:
- Log Information: Like most Websites, we collect information that web browsers, mobile devices, and servers typically make available, such as the browser type, IP address, unique device identifiers, language preference, referring site, the date and time of access, operating system, and mobile network information.
- Location Information: We may determine the approximate location of your device from your IP address. We collect and use this information to, for example, calculate how many people visit our site from certain geographic regions.
Cookies
RPB and its vendors may use cookies or similar technologies to analyze trends, administer the Website, track users’ movements around the Website, and to gather demographic information about our user base as a whole. A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server. Cookies set by the Website owner (here, RPB) are called “first party cookies”. Cookies set by parties other than the Website owner are called “third party cookies”. Third party cookies enable third party features or functionality to be provided on or through the Website (e.g. like advertising, interactive content and analytics). The parties that set these third party cookies can recognize your computer both when it visits the Website in question and also when it visits certain other websites.
Currently, RPB does not utilize “first party cookies” but may do so in the future. We do, however, work with, or intend to work with, third party vendors, and therefore we use, or may use, “third party cookies” to provide us with certain information to, among other things:
- Distinguish unique users;
- Remember the number and time of previous visits;
- Remember traffic source information; and
- Determine the start and end of a session
If you choose to disable cookies, you may not be able to use certain features of the Website.
Why We Collect Certain Personal Information
We use the information mentioned above for the purposes listed below:
- To further develop and improve our Website;
- To monitor and analyze trends and better understand how users interact with our content, which helps us improve our content;
- To monitor and prevent any problems with our Website, protect the security of our Website, fight spam, and to protect our rights and property; and
- To communicate with you from time to time in response to your requests for information.
In some cases, we may also have a legal obligation to collect personal information from you.
Personal data that we collect and/or process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes, or as is necessary for compliance with a legal obligation to which we are subject.
We will only retain information derived from cookies and other tracking technologies for a reasonable period of time from the date such information was created.
We reserve the right to use or disclose your personal information if required by law or if we reasonably believe that use or disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or comply with a law, court order, or legal process.
Sharing Information
We do not share or sell our Visitors’ private personal information except as follows:
- when we believe disclosure is reasonably required to comply with any law, regulation, court order, subpoena or search warrant, or in the course of a legal proceeding or legal request;
- to enforce our legal and contractual rights;
- to protect the rights, property or safety of RPB, including exchanging information for fraud protection;
- to our vendors who help us provide any part of the site, to the limited extent required for such help, and on understanding that they may not further disclose your data or use it, other than as part of anonymized, statistical information regarding performance of their services, for any other purpose.
Security
Our Website is served over an encrypted connection, and our Website and e-mail servers are hosted in the United States. While no online service is 100% secure, we work very hard to protect information about you against unauthorized access, use, alteration, or destruction, and take reasonable measures to do so, such as monitoring our Website for potential vulnerabilities and attacks.
Unfortunately, the transmission of information via the Internet is not completely secure. We will do our commercially reasonable best to protect your personal data, but we cannot guarantee the security of your data transmitted to our Website; any transmission is at your own risk. Once we have received your information, we will use appropriate procedures and security features to try to prevent unauthorized access.
If we learn of a security systems breach, we may attempt to notify you electronically so that you can take appropriate protective steps. We may also post a notice on or through the Website in the event of a security breach. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.
Our Privacy Policy Does Not Apply to Third-Party Activities or Sites
The Website may provide links to third-party websites for your convenience and information. If you access those links, you will leave the Website. Any information submitted by you to a third party will be controlled by that third party’s privacy policy, which may differ from this Privacy Policy. This Privacy Policy does not cover the collection of information by cookies or other methods by such third party services or other third parties, such as our business vendors. We do not control how these third party services or third parties collect information or by what means such third party services or third parties may use their own cookies to collect information about you. We do not endorse, screen, or approve, and are not responsible for the privacy practices or the content of, other websites or services. We encourage you to review the privacy policy of any company before submitting your personal information.
International Visitors
The Website may be accessed and/or used by Users located outside the United States in accordance with the policies and procedures posted on the Website. If you choose to access the Website from the European Union (EU) or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personal information outside of those regions to the United States, and by providing your personal information on or through the Website, you consent to that transfer.
Children’s Privacy
Visitors under 13 years of age are not permitted to use and/or submit their personal information on the Website. We do not knowingly solicit or collect information from Visitors under 13 years of age. If you are under 13 years of age, please do not submit any information to us. In the event that we learn that a person under the age of 13 has provided us with personal information, we will delete such personal information.
How to Reach Us
If you have a question about this Privacy Policy, or you would like to contact us about any of the rights mentioned herein, of if you wish to opt-out of any of the information sharing discussed above, please contact us:
- at the following address: Attn: Website Management; 1840 Century Park East, 17th Floor; Los Angeles, CA 90067; or
- via e-mail at info@rpblaw.com; or
- via the link on our Website.
Dispute Resolution and Choice of Law
By using the Website, you and RPB agree if there is any controversy, claim, action, or dispute arising out of or related to your use of the Website, or the breach, enforcement, interpretation, or validity of this Privacy Policy or any part of it (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute.
Both you and RPB agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS BEFORE AN ARBITRATOR IN LOS ANGELES, CALIFORNIA. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. All such Disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its commercial arbitration rules then in effect before one arbitrator to be mutually agreed upon by both parties.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of this Privacy Policy, including any claim that all or any part of this Privacy Policy is void or voidable.
This Privacy Policy has been made in, and shall be construed in accordance with, the laws of the State of California, without giving effect to any conflict of law principles. The sole and exclusive venue for the resolution of any Dispute shall be Los Angeles, California, and you consent to personal jurisdiction in California.
The parties acknowledge that this Privacy Policy evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Privacy Policy shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).
Notwithstanding the foregoing, any dispute arising out of or related to any legal services provided by RPB shall be governed by the dispute resolution provisions of the engagement agreement entered into by and between RPB and its clients. This Privacy Policy and Terms of Use is not intended to, and shall not be construed as, modifying or superseding any such engagement agreement.
Disclaimers, Limitation of Liability & Attorney-Client Relationship
The materials appearing on the Website, including but not limited to summaries, descriptions, publications and any other such materials, are not intended to and DO NOT constitute legal, financial, investment, business or professional advice of any kind. Those accessing the Website should not act upon them without first seeking relevant professional guidance and advice. The Website, and information contained thereon, should not be used as a substitute for consultation with a professional adviser. You agree that we are not responsible for any financial, business or legal decisions that you may make based upon the content of the Website.
Neither the use of the Website nor the transfer of information to or from this Website shall create or constitute an attorney-client relationship between RPB and any person, and information contained on or made available through the Site is not intended to, and does not, constitute legal advice, recommendations, mediation or counseling under any circumstances. The Site, your use thereof, and/or merely contacting RPB through the Site does not create an attorney-client relationship. Although we would like to hear from you, we cannot represent you until we know that doing so will not create a conflict of interest and determines that it is otherwise able to accept a client engagement. Also, we cannot treat unsolicited information as confidential. You should not send any confidential information to this Website or to any person in the firm until after you and we have entered into a written agreement for the performance of legal services. As noted above, if you communicate with us by e-mail, please remember that Internet e-mail is NOT secure from external eavesdropping. Accordingly, you should avoid sending confidential information by Internet e-mail unless your message and attachments are adequately encrypted. Please contact our IT department if you would like to discuss available e-mail security options.
In compiling and maintaining this Website, RPB does not intend to practice law or solicit legal representation in any jurisdiction where this Website may fail to comply with all laws and ethical rules. Please consult the attorney biographies in this Website to determine the particular jurisdictions in which individual attorneys are resident and licensed to practice. To the extent the ethical rules in any jurisdiction require us to designate a single attorney responsible for this Website, the firm designates Andrew Jablon at ajablon@rpblaw.com as the attorney.
Although we have the right to review, edit, remove or modify information from or on the Website, we may not screen this material or control the sources of this information, and we do not guarantee the accuracy, suitability, completeness, currency, quality, adequacy or applicability of any such information. Opinions presented by the Website are the opinions of the individual authors, and do not necessarily reflect the opinion of the firm of RPB, or of any of its attorneys or clients.
The Website may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any such errors, inaccuracies or omissions and to change or update information at any time without prior notice.
Circular 230 Disclosure: Pursuant to U.S. Treasury Department Regulations, we are required to advise you that unless otherwise expressly indicated, any federal tax advice contained in the Website is not intended or written to be used and may not be used for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein.
Some states may not permit certain disclaimers and limitations, and any such disclaimers or limitations are void where prohibited.
Copyright Policy
If you believe in good faith that any content posted on the Website infringe any copyright in any work of yours, you agree to contact our Digital Millennium Copyright Act (“DMCA”) Copyright Agent as identified below – hereby designated under the DMCA (17 U.S.C. §512(c)(3)) – with correspondence containing the following:
- A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyright that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed.
- Identification, with information reasonably sufficient to allow its location, of the material that is claimed to be infringing.
- Information reasonably sufficient to permit us to contact you. \
- A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
- A statement under penalty of perjury that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You agree that if you fail to comply with all of the requirements of this policy, your DMCA notice may not be valid. For any questions regarding this procedure, or to submit a complaint, please contact our designated DMCA Copyright Agent:
Resch Polster & Berger LLP
1840 Century Park East
17th Floor
Los Angeles, CA 90067
ATTN: DMCA Copyright Agent
info@rpblaw.com
310.277.8300
Complaint Policy for Infringement of Other Rights
If you believe in good faith that anything posted on or accessed via the Website infringe any of your rights (including any trademark or privacy rights but not including rights in copyright as addressed in the Copyright Policy above) or are otherwise unlawful, you agree to send a notice to info@rpblaw.com the following information:
- Your name, physical address, e-mail address and phone number.
- A description of the Materials posted on the Website that you believe violate your rights or are otherwise unlawful and which parts of said Materials you believe should be remedied or removed.
- Identification of the location of the Materials on the Website.
- If you believe that the Materials violate your rights, a statement as to the basis of the rights that you claim are violated.
- If you believe that the Materials are unlawful or violate the rights of others, a statement as to the basis of this belief.
- A statement under penalty of perjury that you have a good-faith belief that use of the Materials in the manner complained of is not authorized and that the information you are providing is accurate to the best of your knowledge and is provided in good faith.
- Your physical or electronic signature.
If we receive a message from you that complies with all of the above requirements, we will evaluate the submission, and if appropriate, in our sole discretion, we will take action. We may disclose your submission to any entity that posted the claimed violative Materials or any other entity as we deem appropriate.