MARK D. PASSIN

winning is often the result of attention to detail

 

Thank you for visiting www.markpassin.com (the “Website”) of Mark D. Passin (“we” or “us”).

TERMS AND CONDITIONS

Consent to Terms and Conditions

Your use of this Website is subject to and governed by these Website Terms and Conditions (these “Terms”), which incorporate the separately posted Legal Notice (as amended from time to time) and Privacy Policy (as amended from time to time), as well as any modifications to these Terms issued by us, and all applicable laws and regulations other than as specifically provided in any separate formal agreement between you and us.  This policy is effective July 1, 2020.  Any material changes to the policy will be published on this Website. By your continued use of the Website, you consent to the terms of the revised policy.

BY USING THE WEBSITE, YOU AGREE TO COMPLY WITH THESE TERMS AND APPLICABLE LAWS AND REGULATIONS IN CONNECTION WITH YOUR USE OF THE WEBSITE.  Please read these Terms and the Privacy Policy so that you understand our policies.  If you do not agree with these Terms or the Privacy Policy, please do not use this Website.

No Legal Advice or Attorney-Client Relationship

This Website is for informational purposes only.  The information is not guaranteed to be accurate, complete, current or reliable.  This Website is not intended to advertise Mark D. Passin’s legal services, solicit clients, or  provide legal advice.  This Website does not constitute or contain legal advice, and an attorney-client relationship with us cannot be formed by transmission or receipt of the information on this Website.  You should not act or rely on any information at this Website without seeking the advice of an attorney.

Sending an E-mail to Mark D. Passin

Information that you send us in an e-mail message to this Website will not be considered confidential or privileged by us, and sending us an e-mail message will not make you a client of Mark D. Passin.  If you are interested in obtaining representation, you should call us so we can determine whether the matter is one for which we are willing and able to accept professional responsibility. We will not make this determination by e-mail communication. The telephone numbers for our offices are listed in this Web site. We reserve the right to decline any representation for any reason. We may be required to decline representation if it would create a conflict of interest with our other clients.

Changes to Terms and Conditions

Mark D. Passin shall have the legal right at any time, without prior notice, and at our sole discretion, to revise these Terms or impose new terms and conditions with respect to access to or use of the Website. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to, posting the revised or additional terms and conditions on the Website.  You should check these Terms periodically for any modifications or revisions. Continued use of the Website after we post changes to these Terms constitutes your acceptance of the changes.

Disclaimers and Limitation of Liability

THE MATERIALS ON THE WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING, OR IN ELECTRONIC FORM.  WE DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH THE WEBSITE. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF YOUR ACCESS TO OR INABILITY TO ACCESS THE WEBSITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED THROUGH THE WEBSITE OR YOUR USE OF OR RELIANCE UPON THE WEBSITE OR ANY OF THE INFORMATION OR MATERIALS AVAILABLE ON THE WEBSITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION.

YOU ACKNOWLEDGE THAT IN CONNECTION WITH YOUR USE OF THE WEBSITE, INFORMATION WILL BE TRANSMITTED OVER NETWORKS, ROUTERS, SERVERS AND OTHER DEVICES OWNED, MAINTAINED, OR SERVICED BY THIRD PARTIES OVER WHICH WE HAVE NO CONTROL.  ACCORDINGLY, WE WILL NOT BE LIABLE FOR ANY DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE WEBSITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIABILITY FOR CERTAIN DAMAGES.  ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OR LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

Proprietary Rights

All copyrighted materials displayed on or accessible through the Website, including without limitation all articles, photographs, graphic materials, and audio-visual materials (the “Content”), are owned by Mark D. Passin or licensed to Mark D. Passin by a third party, and either Mark D. Passin or such third party owns all right, title, and interest in such Content and reserves all rights in such Content.  Additionally, the Content as displayed on the Website is protected as a collective work under U.S. and international copyright laws, and Mark D. Passin owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content.

Without our prior written permission in each instance, you may not use material displayed on the Website for any commercial purposes or copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part.

All logos and other trademarks displayed on the Website are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by Mark D. Passin and may not be used, reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.

Third-Party Websites; External Links to the Website

As a convenience to you, Mark D. Passin may provide links on the Website to websites operated by other entities.  If you use these sites, you will leave the Website.  If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements.  Mark D. Passin makes no warranty or representation regarding, and does not endorse, any linked websites or the information appearing thereon or any of the products or services described thereon.  Links do not imply that Mark D. Passin or the Website sponsor(s), endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of Mark D. Passin or any of its affiliates or subsidiaries.

Security

The Website may only be used for lawful purposes.  Illegal activities including, but not limited to, tampering with the Website, misrepresenting the identity of a user, or conducting fraudulent activities on the Website are prohibited.  You agree not to use any device, software or routine, or data to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website.

Without limiting the foregoing, you are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) using the Website for unintended purposes or trying to change the behavior of the Website; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to the Website, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; (f) forging communications on behalf of the Website (impersonating the Website) or to the Website (impersonating a legitimate user); (g) soliciting, facilitating, encouraging or agreeing to provide access to or otherwise remarket or redistribute, or take affirmative steps to allow or permit such access to, or remarketing or redistribution of, any Website content or data to any third party, through any process, including but not limited to screen scraping, spiders, web “bots” or other device, technology, software or system now known or hereafter discovered; or (h) sending unsolicited and unauthorized e-mail on behalf of Mark D. Passin, including promotions and/or advertising of products or services.

Governing Law

These Terms shall be governed by the laws of the State of California without regard to its conflicts of law provisions.  You hereby irrevocably and unconditionally consent to the sole and exclusive jurisdiction of the courts of the State of California and of the United States of America located in the State of California for any litigation arising out of or relating to the Website or these Terms, waive any objection to the laying of venue of any such litigation in such court, and agree not to plead or claim in any such court that such litigation has been brought in any inconvenient forum.

LEGAL NOTICE

REQUIRED LEGAL NOTICE

Mark D. Passin  (“we” or “us) intends to comply with all legal and ethical requirements in compiling this Website.  We do not wish to represent anyone viewing this Website in a state where this site fails to comply with all laws and ethical rules of the viewer’s state.

This Website is provided by Mark D. Passin for information purposes only but may contain information constituting attorney advertising in certain jurisdictions, selected case-related results and/or award information.  Results in prior matters do not guarantee results that may be achieved in future matters. Results depend upon a variety of factors unique to each representation.

Choosing a lawyer is an extremely important decision and should not be based solely upon advertisements or self-proclaimed expertise. A description or indication of limitation of practice does not mean that any agency or board has certified such lawyer as a specialist or expert in an indicated field of law practice, nor does it mean that such lawyer is necessarily any more expert or competent than any other lawyer.

All potential clients are urged to make their own independent investigation and evaluation of any lawyer being considered. Memberships and offices in legal fraternities and legal societies, technical and professional licenses, and memberships in scientific, technical and professional associations and societies of law or field of practice do not mean that a lawyer is a specialist or expert in a field of law, nor do they mean that such lawyer is necessarily any more competent than any other lawyer.  No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

None of the information (including any posted information) at this Web site which relates to or incorporates federal income tax information was intended or written for anyone to rely upon for any purpose, including avoiding penalties under the Internal Revenue Code. Only formal, written tax opinions in compliance with Internal Revenue Service standards may form the basis of such reliance. Accordingly, none of the information at this Web site can be used to avoid penalties under the Internal Revenue Code.

For purposes of the professional responsibility rules of any jurisdiction we designate Mark D. Passin and his office in Los Angeles, CA as principal office or attorney responsible for this Website.

STATE DISCLAIMERS

Alabama: No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

Colorado: Colorado does not certify attorneys as specialists in any field.

Florida: 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.

Iowa: The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. This disclosure is required by rule of the Supreme Court of Iowa.

NOTICE TO THE PUBLIC: Memberships and offices in legal fraternities and legal societies, technical and professional licenses, and memberships in scientific, technical and professional associations and societies of law or field of practice do not mean that a lawyer is a specialist or expert in a field of law, nor do they mean that such a lawyer is necessarily any more expert or competent than any other lawyer.

All potential clients are urged to make their own independent investigation and evaluation of any lawyer being considered. This notice is required by rule of the Supreme Court of Iowa.

Kentucky and Oregon: THIS IS AN ADVERTISEMENT.

Mississippi
: The Mississippi Supreme Court advises that a decision on legal services is important and should not be based solely on advertisements.

Missouri: Neither the Supreme Court of Missouri nor the Missouri Bar reviews or approves certifying organizations or specialist designations.

Nevada: The State Bar of Nevada does not certify any lawyer as a specialist or expert.

New Mexico: LAWYER ADVERTISEMENT.

Tennessee: None of the attorneys in this firm are certified as a Civil Trial, Criminal Trial, Business Bankruptcy, Consumer Bankruptcy, Creditor’s Rights, Medical Malpractice, Legal Malpractice, Accounting Malpractice, Estate Planning or Elder Law specialist by the Tennessee Commission on Continuing Legal Education and Specialization. Certification as a specialist in all other listed areas is not currently available in Tennessee.

Texas: Unless otherwise stated, Mark D. Passin claiming certification in an area of law is not certified by the Texas Board of Legal Specialization.

Wyoming: The Wyoming State Bar does not certify any lawyer as a specialist or expert. Anyone considering a lawyer should independently investigate the lawyer’s credentials and ability, and not rely upon advertisements or self-proclaimed expertise.

PRIVACY NOTICE

Last updated June 17, 2020

This Privacy Notice covers Mark D. Passin’s Website, blogs, and other digital media.

Our Privacy Commitment to You

This Privacy Policy is designed to maintain your trust and confidence; help you understand how we collect, use, and protect personally identifiable information you decide to share; and help you make informed decisions about how you may access, correct, or delete this information. By using or accessing the Website, you accept and consent to the practices described in this Privacy Notice.

What Information Do We Collect and How Do We Use the Information?

We do not collect personally identifiable information on the Website unless you voluntarily provide such information. If you request information, we may ask for your name, address, phone number, and other information. Supplying this information is strictly voluntary, and you may contact us if you no longer wish to receive communications from us. We will not use your personal information for direct marketing purposes without your consent. We will not sell, trade, or rent your personal information.

We operate our Website and store the information we collect from and within the United States of America.  However, we market and provide legal services in many countries throughout the world. Accordingly, we will only disclose information collected through our Website, as well as other personal information, across offices and geographical boundaries, within and outside of the firm, for legal and legitimate purposes.

We may also disclose your personal information to third party service providers that perform services for us and who are obligated to secure the information, such as special consultants, expert witnesses, other outsourced service providers, continuing legal education providers, information technology suppliers, analytics providers, mailing providers, joint marketing or event providers, caterers, and security providers. These service providers may be located anywhere in the world.

We may also disclose your personal information as required by a court order or any other legal or regulatory requirement, including in response to requests from public and government authorities outside your country of residence or to protect our rights, privacy, safety or property, or that of you or others anywhere in the world. Additionally, we may share personally identifiable information when we believe it necessary to comply with the law, to enforce the Terms and Conditions of the Website, to protect our interests or rights, property, and safety of our employees and clients, or if we merge with or are acquired by another party.

The Website may contain links which direct users to websites operated by third parties. Our Privacy Notice does not apply to other websites. If you choose to click on one of these links, you will be directed to the website operated by a third party. Any information that you submit at these websites is submitted directly by you to these third parties and will be governed by that third party’s privacy practices and procedures. We are not responsible for the privacy policies or practices of these third parties.

How Can You Review or Remove Information We Collect?

If your personally identifiable information changes, or if you no longer wish to receive our promotional materials or other information from us, you may correct, update, delete, or deactivate your information by contacting us by e-mail, telephone or postal mail, as applicable, at the contact information listed below. We will honor your request within a reasonable amount of time.

You cannot access or change other non-identifying information that we collect in aggregate or an automatic basis from visitors to the Website.

Do Not Track Disclosure

Certain web browsers may allow you to enable a “do not track” (“DNT”) option that sends signals to the websites you visit indicating that you do not want your online activities tracked. This is different from blocking cookies as browsers with the “do not track” option selected may still accept cookies. Right now, there is no industry standard for how companies should respond to “do not track” signals, although one may be adopted in the future. We do not respond to “do not track” signals at this time. If we do so in the future, we will modify this Privacy Notice accordingly. More information about “do not track” is available at www.allaboutdnt.com.

How Do We Protect and Secure Information?

We are dedicated to protecting personal information we collect. To prevent unauthorized access and to maintain and ensure the correct use of information, we have established industry standard physical, technical, and administrative controls.

We follow industry standards to protect communications submitted to us, both during transmission and once we receive it. We use commercially acceptable means to protect your personal information, however, no method of transmission is 100% secure and we cannot guarantee its absolute security. If we make material changes to the way we use your personal information or change our privacy practices, we will post those changes to this Privacy Notice, the homepage, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose such information.

Although we cannot guarantee against any loss, misuse, unauthorized disclosure, alteration, or destruction of data, we try to prevent such unfortunate occurrences. No method of transmission or electronic storage provides certainty of security, therefore we cannot guarantee absolute security of the personal information we collect.

You Consent to Terms and Conditions of this Privacy Notice, Including Any Future Revisions

Your use of the Website and any dispute arising from it are subject to this Privacy Notice as well as our Legal Notices and Terms and Conditions and all of its dispute resolution provisions, including limitations on damages and choice of law described in the Terms and Conditions. If we decide to change this Privacy Notice, we will post those changes to this privacy statement, the Website, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.

We reserve the right to modify this Privacy Notice at any time, so please review it frequently. If we make material changes to this Notice, we will notify you here, by email, or by means of a notice on our home page. Immaterial changes and clarifications will take effect immediately, and material changes will take effect within 30 days of their posting on the Website. Unless stated otherwise, our current Privacy Notice applies to all information that we have about you.

Contacting the Website

If you have any questions or concerns please email us by clicking “Contact” on this Website or by postal mail at Mark D. Passin, 11766 Wilshire Blvd, Suite 1470, Los Angeles, CA 90025. You may also call us at 1-310-861-2470.

Cookie Policy

We use online identification technologies such as cookies on Mark D. Passin’s Website, blogs, and other digital media. This Cookie Policy explains when and why Mark D. Passin uses cookies on its Website.

What are Cookies?

“Cookies” are small text files placed on your hard drive that assist us in providing a more customized Website experience. Your browser or device holds these cookies and makes them available every time you visit a site again so that it can recognize you and remember important information about you.

Session Cookies are temporary cookies that remain in your browser or device until you leave the site. They are then deleted from your device once you leave the Website.

Persistent Cookies remain in your browser or device for much longer—they remain there until you delete them or they reach their expiration date, depending on the cookie. These may, for example, be used to remember your preferences when you use the Website, recognize you on your return, and enhance your experience on the Website. Use of a persistent cookie may be linked to personal information while interacting with the Website, such as when you choose to be recognized as a previous user of the Website, so you do not have to enter your personal information every time and to offer personalized content. Then, a persistent cookie will be stored on your computer, which is linked to your account information. If you reject the persistent cookie, you may still use the Website but you will be limited in some areas of it.

For more information on cookies please visit: http://www.allaboutcookies.org/

We may use these technologies to gather information and statistics regarding use of our Website. For example, we may collect aggregated information about page visits and navigation to determine what articles and topics are of greatest interest and if users are able to find content easily. We use site analytics providers that may set cookies in your browser. We also use tracking information to generate various reports regarding use of our Website. These reports contain aggregated information about use of our Website. We use these technologies to make navigation of our Website easier for users and to better deliver tailored content. 

We may use online identification technologies from marketing partners, third-party sites and social media platforms. These technologies help us measure the effectiveness of our marketing and awareness campaigns and to understand how visitors navigate to the Website from a Mark D. Passin ad. We may use these technologies to compile statistics about visitors who interact with the Website and other Mark D. Passin online content, to gauge the effectiveness of our ads, and to provide more useful information to our visitors. 

If you register for one of our Website pages, we will use cookies to facilitate your registration and remember your preferences. It is not possible to register unless you accept the cookies used as part of the registration process. If you register with any of our Website pages, tracking and analytical information we collect may be linked to the information we collect about you as part of the registration process, including your name and email address. 

If you receive electronic mailings from us, we use technologies that track certain actions. We receive information that shows who opens our electronic mailings and whether links embedded in those mailings have been clicked on. This information helps us understand the effectiveness of the mailings and we may use the information to contact you about other events or services which are in your areas of interest. 

Can I Change My Cookie Preferences?

You can always change your cookie preferences or delete cookies altogether as discussed below.

Browser settings also allow you to choose whether or not to accept cookies or limit certain cookies. Most browsers also provide functionality that lets you review and erase cookies. You may wish to refer to this guide for information on commonly used browsers. If you use the Website without changing your browser settings, we will assume that you are happy to receive all cookies on the Website. Please be aware that if cookies are disabled, not all features of the Website may operate as intended.

If you would prefer that we not collect information that may be used to help determine which advertisements to serve you, you may disable cookies in your browser’s settings menu. You may also opt out or change your behavioral advertising cookie preferences by visiting the opt-out page for the Digital Advertising Alliance (U.S. residents and those not in the EU or Canada), the European Interactive Digital Advertising Alliance (EU residents), or the Digital Advertising Alliance of Canada (Canadian residents).

Flash Cookies (also known as Local Shared Objects) cannot be changed by browser settings. The Adobe website provides comprehensive information on how to delete or disable Flash cookies – see Adobe’s website for further information. Please be aware that if you disable or reject Flash cookies for the Website, you may not be able to access certain features, such as video content or services that require you to sign in.

Your mobile operating system may let you opt out from having your information collected or used for interest-based advertising on mobile devices. You should refer to the instructions provided by your mobile device’s manufacturer, but this functionality is usually available in the “Settings” section of your device. You can also stop us from collecting information by turning off data collection for interest-based advertising in our applications or by uninstalling our applications.

By using our Website, you consent, where such consent is necessary and valid under applicable law, to our use of cookies and the placement of these cookies on your device for the purposes described.

Cookies

The following cookies are used across all of our website properties:

Google Analytics (External Partner)

Cookies used are listed on this page.

These cookies are used to collect information about how visitors use the Site. We use this information to compile reports and to help us improve the Site. The cookies collect information in an anonymous form, including the number of visitors to the Site, where visitors have come to the Site from and the pages they visited.

To opt out of being tracked by Google Analytics across all websites visit this page.

Sitecore (Internal Content Management System)

Cookies used: SC_ANALYTICS_GLOBAL_COOKIE

These cookies are used to collect information about how visitors use the Site. We use this information to compile reports and to help us improve user experience. The cookies collect information in an anonymous form, unless you have identified yourself by submitting a form..

To learn more visit this page.

ClickDimensions (Internal Marketing Solution)

Cookies used are listed on this page.

These cookies are used to collect information about how visitors use the Site. We use this information to compile reports and to help us improve user experience. The cookies collect information in an anonymous form, unless you have identified yourself by submitting a form.