Legal Disclaimer and Privacy Policy

SCMV Privacy Policy

This “Privacy Policy” is designed to notify you about how Seltzer Caplan McMahon Vitek, a California law corporation (“SCMV”), collects, uses, discloses, transfers, and otherwise processes personally identifiable information (collectively, “Personal Information”) as well as non-personally identifiable information (collectively, “Passive Information”) that we collect on this site ( Each time you visit the site, you consent to the collection, use, disclosure, and processing of Personal Information and Passive Information in accordance with this Privacy Policy. In particular, you consent to the transfer of your Personal Information to our servers and computer systems anywhere in the world, including to countries that may not provide an equivalent level of data protection to the laws in your home jurisdiction. If you provide any Personal Information that relates to another person you hereby state and agree that you have obtained proper consent from such person for the use, disclosure, and processing of such Personal Information as described in this Privacy Policy.

Collection of Personal Information

The site actively collects Personal Information from you when you register with the site, when you send any e-mail to the site administrator, and when you submit any information to the site. The kinds of Personal Information you may provide include your name, address, phone number, e-mail address, user ID, credit card information, and other information that you include in any communication or submission. In the course of representing you, you may also provide certain other types of Personal Information to us through this site, through our on-line client portal, via email or by other means. Such additional Personal Information may include highly sensitive personal information including information provided to us in connection with your legal representation which could include your social security number, EIN number, other personal, corporate or asset-specific or liability-specific identification, license or other registration numbers.

Collection of Passive Information

The site may also passively collect certain kinds of non-personally identifiable information that reveal the frequency with which you visit the site, the times and dates of your visits, the pages you reviewed, your purchase/payment history, products/services that you view, persons with whom you interact and other information (collectively, “Passive Information”). Passive Information is collected through various means. We may use Internet protocol (IP) addresses to administer the site. We may use navigational data, including domain information, to identify information about your web browser and operating system, the time period in which you visit the site. We also may use a third-party tracking service that uses tracking technologies to track Passive Information about visitors to our site in the aggregate. This information is used to administer the site, report usage metrics and otherwise operate and improve the site content.

Like many Internet sites, this site may use small text files called “cookies” that are sent to the hard drive of your computer to store bits of information related to your use of the site. Cookies can store a variety of information, including IP addresses, navigational data, server information, data transfer times, user preferences, and passwords needed to access the site. The “Help” section of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have your browser notify you when you receive a new cookie, or how to configure your browser to reject cookies altogether. However, if you disable cookies, you might not be able to access important functions or features of the site and your use of the site may be limited.

Use and Disclosure of Personal Information and Passive Information

SCMV does not rent, sell or share Personal Information about you with other people except as expressly set forth herein. We may use this Personal Information to provide legal services to you, to communicate to you, to register you with the site, open an account with SCMV and/or this site, to process purchase orders, payment transactions or retainer deposits that you place through the site, to post your submissions to the site and to provide information to others regarding your use of the site and/or in connection with SCMV’s representation of you. We may disclose or store your Personal Information with/to third party service providers performing services on our or your behalf, including third-party website hosting services, third-party law firm practice management software providers, third-party merchant payment providers, and third-party server or data storage providers. Certain other of your Personal Information may be shared with other third-parties as required for us to provide the services you request or authorized us to perform on your behalf.

We also may disclose or transfer Personal Information (and any related information) as required by law; in urgent circumstances to protect personal safety, the public or this site; to third-parties (pursuant to a written confidentiality agreement) in connection with any sale, assignment, or other transfer of all or a part of our business or company. Notwithstanding any other provision herein to the contrary, the foregoing is not intended to and does not apply to any information protected by the attorney/client privilege.

When you engage in an on-line payment transaction, we will facilitate the transfer of your name, address, credit card details, and purchase amount as necessary for the third party to provide that service. Credit card information is collected by our PCI-compliant third-party payment processors (via web-portals they maintain and control) and are transmitted over a secure encrypted connection and stored in a datacenter until the transaction is completed, at which point it is removed unless you have requested to store your credit card details securely with the credit card processor for future transactions. To the extent your Personal Information is transmitted to the previously referenced third-party service providers, each of their own privacy policies and data security policies will also apply to such Personal Information.

We may also use Personal Information to notify you about products, services or news events that may be of interest to you. We may respond to subpoenas, court orders, or legal process or to establish or exercise our legal rights or defend against legal claims.

The site may at times combine Passive Information (as described above) with all or some types of Personal Information and such information may be stored digitally or in hard-copy as part of your profile and our records.

If you wish to subscribe to a newsletter that we may offer to you, we will use your name and email address to send the newsletter to you. Out of respect for your privacy, we will provide you a way to unsubscribe. If you no longer wish to receive our newsletter and/or promotional communications, you may opt-out of receiving them by following the instructions included in each newsletter or communication or by emailing us at

Links to Other Sites

If you use any of the links on this site to link to other sites not maintained by SCMV, know that such sites are not under the ownership or control of SCMV. Accordingly, SCMV can make no representation concerning the quality, safety or suitability of the content of any sites outside its control, nor does the inclusion of these links serve as an endorsement by SCMV of any of these sites. SCMV is providing this site, the information, listings, and links contained herein only as a convenience to you. This privacy policy applies only to information collected by or obtainable through this site.

Access to Personal Information

If you wish to update any Personal Information you have previously provided, or to exercise any right of access, rectification, deletion, or opposition to the processing of your Personal Information that you may have under applicable law, please contact us at We reserve the right to use Personal Information obtained previously to verify your identity and as otherwise described in this Privacy Policy.


The security of your Personal Information is important to us. When you enter sensitive information (such as credit card information) via this site, we or our third-party service providers encrypt that information using secure socket layer technology (SSL). However, it is important to note that transmissions over the Internet are never 100% secure or error-free. As a result, we do not, and cannot, guarantee the security, accuracy, or completeness of Personal Information. However, we do take efforts to maintain reasonable physical, electronic, and managerial procedures to protect Personal Information against unauthorized disclosure or access.

Changes in this Privacy Statement

We reserve the right to change this Privacy Policy from time to time and in our sole discretion, except where prior notice or consent is required by law. If we decide to change our privacy policy, we will post those changes to this privacy statement. Any such changes will become effective as of the date of the posted changes.

Encrypted E-mail

SCMV has the ability to exchange encrypted e-mail at no cost to our clients. Interested clients can obtain this service by inquiring at

Contact Us

If you have any questions or suggestions regarding our privacy policy, please contact us by sending us an email to: or by U.S. Mail to:
Seltzer Caplan McMahon Vitek
Attention: Webmaster
750 B St., Suite 2100

San Diego, CA 92101-8177
619-685-3003 (phone)
619-685-3100 (fax)



SCMV Terms of Use

This site ( is the property of Seltzer Caplan McMahon Vitek, a California law corporation (“SCMV”). Your use of this site, and any information, services or products made available through this site (collectively, the “Services”) is subject to your agreement to the terms and conditions set forth herein. You must be over the age of thirteen (13) to use this site. By using this site, you agree to be legally bound by these terms and conditions. If you do not agree to these terms and conditions, then do not proceed any further and do not access or use this site or any of the Services made available herein.

Use of this site is solely at SCMV’s discretion, and SCMV reserves the right to prohibit anyone from accessing, browsing, supplying information to or downloading information from this site. You are not granted any rights in or to this site, any Services or any site related information, other than the limited right to use this site and the Services as we have authorized in accordance with the terms of this agreement and the policies and procedures that SCMV may adopt and make available from time to time. SCMV may terminate your access to this site at any time with or without cause.

Privacy Policy

Your use of this site is subject to SCMV’s Privacy Policy. Please review our Privacy Policy, which governs this site and informs users of our data collection practices.

Proprietary Information

This site contains information proprietary to SCMV and its business partners, clients and customers (collectively, the “Information”), including but not limited to: (a) the site’s look, feel and embodied know-how, ideas, concepts and images, and (b) information, data or trade names or marks related to SCMV, its business partners and its or their clients or customers. You acknowledge that this Information may be treated as confidential by SCMV, its business partners, clients and customers and agree to take all reasonable measures to protect the confidentiality of the Information. United States copyright laws and international treaties also protect this site. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

If you provide information to this site, or if you use Information made available on this site, you agree that you are solely responsible for the accuracy and content of the information you supply and for accuracy and content of modifications you make to any material made available on this site. You agree not to supply any information that infringes the intellectual property rights of any other party or that is misleading, fraudulent, defamatory, libelous, threatening, harassing, injurious to minors, pornographic, obscene or illegal. You agree: (a) not to retransmit, publicly display, sell or use the Information provided for unauthorized business purposes, and (b) not to alter or remove any of the Information or any consent or other proprietary notice or legend on any of the Information, other than Information that you have supplied. You agree to comply with all applicable laws and regulations regarding your access to and use of the site and the Services.

SCMV reserves the right to remove any information you provide this site for any reason at any time.

On-line Payments

If you wish to pay online for products or Services offered on this site or if you want to make a payment on an invoice or make deposit into your retainer account, you will be asked for certain information in connection with your on-line payment transaction, including your name, address, phone number and credit card information. You agree to provide us with accurate, correct and up to date information, which we shall administer in accordance with our Privacy Policy. We may update our Privacy Policy and practices from time to time at our sole discretion.

If you make payments on this site with a credit card, you grant to us permission to charge all fees you authorize by use of the credit card you provide to us. If payment cannot be charged to your credit card or such payment is returned to us for any reason, we may either suspend or terminate your account and all services under this agreement and you agree to indemnify, defend and hold SCMV and its owners, employees, agents and representatives harmless from and against all losses, fees, expenses, liabilities and damage suffered by SCMV, and you agree to immediately pay SCMV any unpaid account balance. You also will be responsible for paying any applicable taxes relating to your purchases. You agree that submission of any payment though SCMV’s automated payment center shall not be considered “payment in full” of any amount(s) due to SCMV, even if you make such a notification on your automated payment coupon.

Important Disclaimers

The forms and other materials on this Web Site ( are intended to be for informational purposes only and are not intended to be treated as legal advice. Each legal problem depends on its particular facts, and different jurisdictions have different laws and regulations. Because of these differences, you should not act or rely on any information from this Web Site without seeking the advice of a competent attorney licensed to practice law in your jurisdiction. Posting and viewing of these materials is not intended to constitute the rendering of legal advice or to create any attorney-client relationship with the user.

If you are not currently a client of SCMV, or if you are a client but wish to communicate with us about a new matter for which we are not yet engaged as your counsel, please do not send us any information regarding your legal affairs until: (1) you speak directly with one of our attorneys, (2) we have completed our conflict of interest procedures, and (3) you receive authorization to send information to us. If you choose to communicate with us via e-mail, please remember the connection may not be secure and that by contacting us you have not established an attorney-client relationship. Any information that is sent to us prior to the development of an attorney-client relationship or on a matter for which we do not already represent you may not be privileged or confidential.

Disclaimer of Warranties

All forms and other materials made available on this site are provided without any warranty, express or implied, as to their legal effect and completeness. Forms and other materials should be used as a guide and modified to meet the laws in the jurisdiction relevant to your matter. Some forms may be out of date or may contain errors or information that was relevant to a transaction that may be substantially different from a transaction you are considering. Use of any form or other materials obtained through this site is at your own risk. SCMV does not warrant any form or other materials they provide, nor is any attorney-client or attorney-attorney relationship intended to be or is formed by your use of forms or other materials obtained from this site. Some forms and other materials are public domain forms and documents which may be available from other sources. SCMV is not intending to and does not offer legal advice in connection with the availability of any form or other materials made available on this site. The forms or other materials made available on the site by SCMV are not a substitute for the advice of a qualified licensed attorney and we counsel all site visitors to consult an attorney before use of any forms or other documents made available on this site.


Limitation of Liability

You assume full responsibility and all risk of loss resulting from your use of this site and any Information received by you from your use of this site. Under no circumstances shall we, or any of our owners, employees, affiliates, subsidiaries, suppliers, distributors, licensees, agents or representatives be liable for any indirect, incidental, consequential, special, exemplary, punitive or other damages, arising out of or relating in any way to this site, the use of or inability to use Information on this site and/or any materials contained on this site, any linked site or any product or service purchased through this site, even if SCMV has been advised of the possibility of such damages.

Links to Other Websites

This site contains links to other Internet sites. These links are provided to aid in the search for relevant legal and other information of interest and are not intended to state or imply that Seltzer Caplan McMahon Vitek is affiliated or associated with, endorses, sponsors, or is legally authorized to use any trade name, trade mark, logo or copyright.

No Attorney-Client Relationship

Neither the website nor use of information from the website creates an attorney-client relationship. In the event that this site does not comply with the legal or ethical requirements of a particular state, SCMV is not willing to accept representation of clients based upon their review of any portions of this site which do not comply. In engaging a lawyer and deciding what lawyer to engage, whether in this firm or another, you may consider the information in this site but, of course, should consider all other relevant factors as well. This site constitutes both a communication and/or solicitation as defined by California Rules of Professional Conduct, rule 1-400.


This terms of use agreement constitutes the entire agreement between you and SCMV concerning SCMV’s web site. Any heading, caption or section title contained in this terms of use agreement is inserted only as a matter of convenience and in no way limits any section or provision herein. This agreement is not assignable by you except with our prior written consent. If any provision of this agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This agreement shall be governed and construed in accordance with the laws of the State of California, USA, without regard for its conflict of laws principles. Any action in connection with this site and/or this agreement shall be brought only in state or federal court located in San Diego County, California, USA and you shall submit to the exclusive jurisdiction of the courts of such state.

Electronic mail is provided as a convenience in communicating with the attorneys at SCMV. Contact by E-mail does not create an attorney-client relationship. Please remember Internet E-mail is not secure and messages sent to the firm or any of its employees or attorneys should not contain sensitive or confidential information.

To the extent the California State Bar Rules require SCMV to designate a principal office and/or single attorney responsible for this site, SCMV designates San Diego, California as its office location and designates Robert Caplan as the attorney responsible for this site.

IRS CIRCULAR 230 NOTICE: If you choose to communicate with us via e-mail, you acknowledge and agree that any U.S. tax advice contained in our e-mail communications (or in any attachments) is not intended or written to be used, and cannot be used, for the purposes of: (1) avoiding penalties under the Internal Revenue Code, or (2) promoting, marketing or recommending to another party any transaction or matter addressed in such communication (or in any attachment).

© Copyright 2018 Seltzer Caplan McMahon Vitek. All rights are reserved. Permission is granted to view, store, print, reproduce, and distribute any pages within this site, provided that: (1) none of the pages is modified in any manner, and (2) this copyright notice is included with any distribution.

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