Thank you for visiting Hargrovemadden.com, the website of the law firm, Hargrove Madden LLP (the “Firm,” “we,” or “us”). This website was created by the Firm and is copyright protected © 2011 by the Firm. All rights are reserved. In addition, certain parts of this site may also be protected by copyrights belonging to other parties.
a. Legal Disclaimers
1. No Legal Advice: The public materials on the Firm’s website are general in nature and are intended only as background materials for informational purposes. They do not constitute legal advice. They may not apply to your specific situation or may be incomplete. Although we may update certain information on the Firm’s website, some of the information may be outdated. You should not act or rely on any information on the Firm’s website. You are not authorized to treat the Firm’s website as a source of legal advice. Before acting or delaying action, you should first seek the advice of an attorney qualified in the applicable subject matter and jurisdiction.
2. No Tax Advice (Required Tax Disclosure—Circular 230): Any tax information presented on the Firm’s website is not intended to constitute a complete analysis of all tax considerations. Internal Revenue Service regulations generally provide that, for the purpose of avoiding United States federal tax penalties, a taxpayer may rely only on formal written opinions meeting specific regulatory requirements. The information presented on the Firm’s website does not meet those requirements. Accordingly, such information is not intended or written to be used, and a taxpayer cannot use it, for the purpose of avoiding United States federal or other tax penalties or for the purpose of promoting, marketing or recommending to another party any tax-related matters.
3. No Attorney-Client Relationship: Your access to or use of the Firm’s website does not create an attorney-client relationship between you and the Firm. If you are not a current client of the Firm and you communicate with us through the website, we are under no obligation to keep confidential your communication nor will the communication invoke the attorney-client privilege. Thus, unless you have a pre-existing, documented attorney-client relationship with an attorney at the Firm, you should not communicate confidential information to the Firm.
4. Sensitive Communications: Should you choose to contact the Firm electronically, you should be aware that information transmitted electronically cannot be guaranteed to be securely transmitted. The Firm assumes no responsibility for the loss of confidentiality for any information you transmit through the internet.
5. Advertising Notice: The Firm does not seek to be retained by anyone who approaches the Firm as a result of the Firm’s website and who is from a state where the Firm’s website fails to comply with all laws and ethical rules of that state. Under the Kentucky Rules of Professional Responsibility, the content of the Firm’s website might contain advertising. Prior results do not guarantee a similar outcome. Each representation has unique facts and circumstances that may impact results.
6. Jurisdictional Issues: The Firm has offices in a number of locations, and no individual Firm attorney is admitted to practice in all the locations where we have offices. Please consult the attorney biographies on this site to determine the particular jurisdictions in which individual Firm attorneys are licensed to practice. If the State Bar Rules in your jurisdiction require us to designate a principal office and/or a single attorney responsible for the Firm’s website, the Firm designates its office in Louisville, Kentucky as its principal office and designates Jamie Hargrove as the person responsible for the Firm’s website or the most senior attorney licensed to practice in that state. The Firm’s attorneys admitted in Texas, if any, are not certified by the Texas Board of Legal Specialization. Except as specifically stated, each Firm attorney is not certified (including as a specialist) by any professional or governmental authority.
7. Satellite Offices: The Firm’s Louisville and Lexington, Kentucky offices are traditional offices and all of the Firm’s administrative functions are performed out of these offices. All other offices are satellite offices and attorneys may be contacted for meetings at these offices by appointment only.
b. Proprietary Rights
1. Intellectual Property Rights. The materials on the Firm’s website, including without limitation any and all text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein, are owned by or licensed to the Firm, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.
2. Use of the Firm’s Website. For your personal, non-commercial and informational purposes, and subject to these Terms, you may (a) access and view the Firm’s website and its materials, and (b) make a limited number of prints, downloads and copies of the documents made available on the Firm’s website, provided that you maintain all copyright and other notices in print outs or downloads on all copies. Any other use (and in particular, any commercial use) of the Firm’s website or its contents is not permitted. Except as expressly authorized by the Firm, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site in whole or in part. You are not permitted to use any automated means of compiling e-mail addresses from the Firm’s website for the purpose of sending unsolicited commercial e-mails. Any rights not expressly granted herein are reserved.
3. Linking to the Site. You may hyperlink to the home page of the Firm’s website, but you may not frame or mirror the Firm’s website or use any meta tags or any other “hidden text” using the Firm’s name or trademarks. You must remove any hyperlink to the Firm’s website upon the Firm’s request.
c. Registration Obligations.
1. Registration. The Firm’s website allows you to register on the “Registration Page” of the “Virtual Estate Planning Questionnaire” in order to enter into an Online Unbundled Legal Services Engagement Agreement with the Firm. In registering, you agree to provide complete and accurate information about yourself. All references to the “Firm’s website” or “the website” are not intended, and should not be construed, to apply to the “Online Practice Platform” unless expressly provided otherwise,
2. Termination. The Firm reserves the right to change the Firm’s website, including its contents, and to block or terminate access to or use of the Firm’s website at any time for any reason and without notice.
e. No Warranties. THE FIRM’S WEBSITE, INCLUDING THE INFORMATION PROVIDED THROUGH THE FIRM’S WEBSITE, IS PROVIDED “AS IS” AND WITHOUT WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR USE OR PURPOSE. THE FIRM ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN, OR RELIANCE UPON, THE INFORMATION IN THIS WEBSITE. ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE FIRM’S WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
f. Limitations of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE FIRM BE LIABLE FOR ANY DAMAGES OR INJURY OF ANY KIND OR UNDER ANY LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE THIS WEBSITE OR THE MATERIALS PROVIDED ON THIS WEBSITE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN CERTAIN CIRCUMSTANCES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.
g. Indemnity. You agree to indemnify and hold the Firm, and its subsidiaries, affiliates, officers, agents, partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the website, your connection to the website, your violation of the Terms, or your violation of any rights of another.
h. General. These Terms, including the Privacy Statement below, along with any other terms and policies posted on the Firm’s website, constitute the entire agreement between you and the Firm regarding your use of the Firm’s website and supersedes any prior agreements between you and the Firm regarding such use, other than any written agreement between you and the Firm, including an Online Unbundled Legal Services Agreement.
II. Privacy Statement
a. APPLICABILITY OF THIS PRIVACY STATEMENT
1. Scope. This Privacy Statement applies to information the Firm collects from users of the Firm’s website. It does not apply to information received by the Firm from you through the Online Practice Platform or in the course of an attorney-client relationship, or received or collected by the Firm offline or through any other means.
2. Individual User Information. If you are a client of the Firm, we protect the confidentiality of your information in accordance with the applicable professional standards of conduct. However, if you choose to submit personal information to the Firm through the Firm’s website (for example, to sign up to receive the Firm publications), we will store and use that information in accordance with this Privacy Statement unless you notify us otherwise as described below.
3. Commitment to Children’s Privacy. The Firm’s website is not directed to, nor intended for use by, minors. If the Firm becomes aware that it received personal information of minors, it will delete that information.
4. Third Party Sites. This Privacy Statement also does not apply to information you submit to websites not controlled by the Firm, even if linked to the Firm’s website, including third party providers of webinar services offered to users of the Firm’s website. You should read and understand the privacy policies applicable to such third party sites and service providers.
b. INFORMATION WE COLLECT AND HOW WE USE IT. In general, you may use the Firm’s website without providing any information that personally identifies you (“Personal Information”). However, as described in greater detail below, you may choose to provide Personal Information to us. In addition, we will store and use information about you, including information about where and when you browse our website (“Visitor Information”), to continually improve the quality of our business and our website, as further described below.
1. Personal Information. You may choose to sign up as a member of our Wealth Advisor Network in order to personalize your visit to the website and to receive certain publications and information from the Firm. You also may contact us by e-mail through the Firm’s website. In either case, you may be asked to provide us with Personal Information, such as your name, address, telephone number, email address, employer’s name and your title. We use this information in order to provide you with the publications and information you requested and to respond to your comments and questions about our services and this site. We may also use your Personal Information to send you additional information that we believe may be of interest to you.
2. Visitor Information. When you use the Firm’s website, we may collect certain information to help diagnose problems with our server, administer our site, gather broad demographic information and generate user statistics. The Visitor Information we collect includes your Internet Protocol (“IP”) address, your Internet host company (e.g., AOL), your browser software (e.g., Microsoft Internet Explorer), your software platform (e.g., Windows 2000), the duration of your visit to our site, and the domain (e.g., .COM, .NET, .JP) of the site from which you arrived at our site.
c. WITH WHOM WE MAY SHARE YOUR INFORMATION
1. Personal Information. We will not share your Personal Information (including e-mail address) with any third party except (1) with your consent, (2) when we believe in good faith disclosure is required by law, or (3) to third parties who are providing services to the Firm as needed to provide such services and subject to appropriate confidentiality obligations. We reserve the right to disclose information about you, including data on which pages you have visited, to third parties if we feel it is necessary to protect the security of our systems, website, business, users or others.
2. Visitor Information. Visitor Information may be provided to third parties at the Firm’s discretion so long as the information is not linked to your Personal Information.
3. Transfer of Practice. We may provide and transfer to third parties any or all information regarding the Firm’s website, including your Personal Information and Visitor Information, in connection with the transfer of all or a portion of the Firm’s practice, whether by merger, acquisition or otherwise.
e. YOUR CHOICES AND OPTING-OUT. The Firm’s website provides current subscribers the opportunity to opt-out of receiving email from us at any time, to update your email subscription information and to review and request changes to your Personal Information that the Firm has collected through the Firm’s website. To do so, please follow the instructions contained in any email sent from the Firm’s website. You may also notify us of your opt-out request by phoning us at ( or emailing us at firstname.lastname@example.org.
f. SECURITY MEASURES. We use commercially reasonable security measures, including secure socket layer technology (“SSL”), designed to protect against unauthorized access to Personal Information under our control, including physical, electronic and procedural safeguards. However, please be aware that, despite these efforts, data transmission over the Internet is inherently insecure and we cannot guarantee the security of information transmitted or provided through the Firm’s website. Once we received your transmission, we use appropriate efforts to ensure its security on our systems, but we do not accept liability for unintentional disclosure.
g. CHANGES. We may change this Privacy Statement from time to time, and such changes will be effective upon posting the amended terms to the Firm’s website. The date of update is specified at the beginning of these Terms.
III. Severability. If any provision of these Terms, including the Privacy Statement, is found to be void or unenforceable, such provision shall be severed and all other provisions shall remain in force.
IV. How to Contact Us. If you have any questions about these Terms, including the Privacy Statement, the practices of this site, or your dealings with this website, please contact us by writing, telephone or email as follows:
Hargrove Madden LLP
Goodwin Square Suite 201
444 East Main Street
Lexington, Kentucky 40507
Phone: (859) 231.3700