Effective April 15, 2023
Rembolt Ludtke LLP operates as a limited liability partnership and conducts its practices from offices in Nebraska. All of the Firm’s attorneys are licensed to practice law in Nebraska. The Firm has two attorneys licensed to practice law in Colorado.
Use of material presented on this Website is subject to the following terms and conditions. You agree to these terms and conditions by accessing this Website. We reserve the right to change these terms and conditions at any time by posting new terms and conditions at this location.
All materials contained on this Website, and all intellectual property rights thereto, including copyrights, trademarks, service marks, trade names and trade dress, are owned by Rembolt Ludtke LLP. No part of this Website may be copied, reproduced, republished, transmitted, modified or distributed, except for personal or non-commercial purposes, without the prior written permission of Rembolt Ludtke LLP.
Materials on this Website may only be reproduced in their entirety, without modification, for your personal use and must include a notice that they were reproduced in their entirety from this Website.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Firm. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
This Website is intended to supply general information to the public. We try to ensure the accuracy of this information but cannot guarantee that this information is accurate or determine how it may be applicable to any particular circumstance of the reader. Laws change quickly, and you should confer with a legal professional to be sure that legal information of any sort is current and accurate before relying on it. This Website is published as a service to our clients and other visitors to the Website for informational purposes only. It is not intended to be used as a substitute for specific legal advice or opinions and the transmission of this information is not intended to create an attorney-client relationship between the sender and receiver. Internet subscribers and online readers should not act upon this information without seeking professional counsel. Under no circumstances shall Rembolt Ludtke LLP, or any of its partners, associates, employees, consultants or agents involved in the creation or delivery of materials on this Website be liable to the reader or anyone else as a result of damages or losses resulting from access or use of material on this Website.
This Website is not intended to be advertising, solicitation, or legal advice; however, portions of this Website may be considered as attorney advertising in some jurisdictions. If this Website does not comply with the rules of the state where you reside, you should disregard its contents. Any information on this Website describing prior results does not guarantee or indicate similar outcomes for you or others. Results depend upon a variety of factors unique to each legal matter. You should not consider this information to be an invitation for an attorney-client relationship, should not rely on information provided herein, and should always seek the advice of competent legal counsel.
We reserve the right to withdraw or amend this Website, and any good or service we provide through the Website or any content on the Website, in our sole discretion without notice. From time to time we may restrict access to parts of the Website, or the entire Website, to users.
We are committed to providing access to our Website for individuals with disabilities. We strive to keep up with industry standards regarding accessibility of the Website. The Website was designed to satisfy the Web Content Accessibility Guidelines 2.0, W3C WorldWide Web Consortium Recommendation (Latest version athttp://www.w3.org/TR/WCAG20/). Whether you are using assistive technologies like a screen reader, a magnifier, voice recognition software, or captions for videos, our goal is to make your use of our technology a successful and enjoyable experience. If you encounter a problem using or accessing any element of this Website or any of our mobile apps or tools, or would like to provide feedback regarding how we can better accommodate your use of the Website, please contact us and we will work with you to provide the information, item or transaction you seek through a communication method that is accessible for you consistent with applicable law (for example, through telephone support). Please indicate the nature of your accessibility problem, the preferred format you would like to receive Website material, the web address of the inaccessible material, and your contact information so that we may respond in a manner most helpful to you.
The Website is targeted to persons at least 18 years of age. Individuals under the age of 13 are not permitted to use the Website under any circumstances. Individuals who are age13 or older but under the age of 18 (individually, a “Permitted Minor”, and collectively, “Permitted Minors”) are only allowed to use the Website with the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are the parent or guardian agreeing to these Terms on behalf of a Permitted Minor, you are fully responsible for the Permitted Minor’s use of the Website, including all financial charges and legal liability that the Permitted Minor may incur. We do not knowingly collect or solicit personal information from children under the age of 13 or knowingly allow such persons to register for an online account or to post personal information on this Websites. Should we learn that someone under the age of 13 has provided any personal information to or on our Website, we will remove that information as soon as possible. Although we are proud of the efforts that we have completed and that are in-progress, we view accessibility as an ongoing effort.
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Firm, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Firm. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
If this Website contains links toother sites and resources provided by third parties, these links are provided for your convenience only. We do not intend links on our Website to be referrals or endorsements of the linked entities, nor do we make any warranty with respect to those links or the accuracy, completeness, or usefulness of the information on linked sites. We are not responsible for examining or evaluating, and we do not monitor, endorse, warrant, or make any representations with respect to the offerings of, any of these businesses or individuals, or the content of their websites. We have no control over the contents of those sites or resources and accept no responsibility or liability for the actions, product, and content of them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
We do not collect personally identifiable information at this Website except to the extent that your web browser provides such information to our web server, such as your Internet IP address, date and time web pages are visited, the site from which you linked, or the web browser you are using, and except to the extent that you provide such information to us, whether via e-mail, online at our subscription page or otherwise. We will not disclose, sell, or rent any of your personal information to any third party unless approved by you or required by law. We may distribute your e-mail address and name to external service providers who would manage this process for us. These service providers have agreed not to sell or distribute your information to any other party. Instructions to unsubscribe will be included in each email. Although we aim to protect your personal information against unauthorized disclosure, we cannot guarantee that your personal information will never be disclosed in a manner inconsistent with the terms and conditions of this Website.
You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To send, knowingly receive, upload, download, use or re-use any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- To promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- To infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- To promote any illegal activity, or advocate, promote, or assist any unlawful act.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- To impersonate or attempt to impersonate the Firm, a Firm employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses or identifiers associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Firm or users of the Website or expose them to liability.
- In violation of any applicable code of conduct presented to you in connection with your use of the Website and any services provided.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Website.
- Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- Attempt to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
Violations of system or network security may result in civil or criminal liability.
We have the right to:
- Disclose your identity or other information about you to any third party who claims that your use of the Website violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to and cooperation with law enforcement, for any illegal or unauthorized use of the Website.
- Terminate or suspend your access to all or part of the Website for any violation of these Terms.
We encourage you to communicate with us by e-mail or other electronic means. Please remember, however, that 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. Do not send us confidential information or documents in response to this Website without first contacting us and receiving authorization from one of our attorneys to do so. Without authorization, we will not consider any unsolicited information or documents to be confidential. If your message contains sensitive or confidential information, we may not be able to treat that information as privileged, confidential or protected information. Additionally, we may represent a party adverse to you even if the information you submit to us could be used against you in that matter.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TOYOU THROUGH THE WEBSITE ARE PROVIDED BY THE FIRM ON AN “AS IS” AND “ASAVAILABLE” BASIS. TO THE FULLEST EXTENT PROVIDED BY LAW, NEITHER THE FIRM NORANY PERSON AFFILIATED WITH THE FIRM MAKES ANY WARRANTY OR REPRESENTATION OF ANYKIND, EXPRESS OR IMPLIED, AS TO ANY OF THE FOLLOWING: (A) THE CONTENT,MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR SERVICES INCLUDED ON OR OTHERWISEMADE AVAILABLE TO YOU THROUGH THE WEBSITE; (B) THE COMPLETENESS, ACCURACY, RELIABILITY,QUALITY, OR CURRENCY OF ANY CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE),OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE;(C) THE OPERATION, AVAILABILITY, OR PERFORMANCE OF THE WEBSITE (INCLUDING THATTHE WEBSITE WILL PERFORM UNINTERRUPTED OR ERROR-FREE); OR (D) THE SECURITY OFTHE WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE (INCLUDING THAT THE WEBSITEOR THE SERVERS ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, OR OTHERHARMFUL COMPONENTS). YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS ATYOUR SOLE RISK.
TO THE FULLEST EXTENT PROVIDED BYLAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OFMERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THEFOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITEDUNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BYLAW, IN NO EVENT WILL THE FIRM, ITS AFFILIATES, OR THEIR LICENSORS, SERVICEPROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY DAMAGESOF ANY KIND ARISING FROM THE USE OF, OR INABILITY TO USE, THE WEBSITE OR FROMANY CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR SERVICES OBTAINEDTHROUGH THE WEBSITE, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS,DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, DENIAL-OF-SERVICE ATTACKS,VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR OTHER TECHNOLOIGICALLY HARMFULMATERIAL OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OFGOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORZIED ACCESS TO THEFIRM’S RECORDS, PROGRAMS, OR SERVICES. THIS PARAGRAPH SHALL APPLY TO ALLCONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), AND SERVICES AVAILABLETHROUGH THE WEBSITE. THE FIRM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOTLIMITED TO LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, PERSONAL INJURY, PAIN AND SUFFERING, AND EMOTIONAL DISTRESS) ARISING FROM THE USE OF THE WEBSITE, OR THE PURCHASE OR DOWNLOAD OF ANY CONTENT, PRODUCTS, OR SERVICES, EVEN IF THEFIRM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
You agree to defend, indemnify and hold harmless the Firm, its affiliates, licensors, and service providers, and its and their respective officers, directors, members, managers, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website, including but not limited to your use of the Website’s content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the Website.
All matters relating to the Website and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Nebraska without giving effect to any choice or conflict of law provision or rule (whether of the State of Nebraska or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms or the Website shall be resolved individually, without resort to any form of class action, and instituted exclusively in the federal courts of the United States or the courts of the State of Nebraska, in each case located in the City of Lincoln and County of Lancaster, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
ANY CAUSE OF ACTION OR CLAIM YOUMAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BECOMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Any unauthorized use terminates the permission or license granted by the Firm. The Firm shall have the right to temporarily or indefinitely suspend or terminate your right to use or access all or any part of the Website without notice and without liability to you, for any reason in the Firm’s sole discretion, including if you violate these Terms. The Firm shall have additional rights and remedies at law and in equity arising from such violation. The Firm shall also have the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
The owner of the Website is based in the State of Nebraska in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
No waiver by the Firm of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Firm to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the DigitalMillennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you(including your name, postal address, telephone number, and, if available, email address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
If you believe that material you posted on this Website was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice”) by submitting written notification to our copyright agent designated below. Pursuant to the DMCA, the Counter Notice must include substantially the following:
- Your physical or electronic signature.
- An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed, or access was disabled.
- Adequate information by which we can contact you(including your name, postal address, telephone number, and, if available, email address).
- A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
- A statement that you will consent to the jurisdiction of the federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.
Our designated copyright agent to receive DMCA Notices and Counter Notices is:
Rembolt Ludtke LLP
Attn: Jason Griess, DMCA Agent
1128 Lincoln Mall, Suite 300
Lincoln, NE 68508
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Similarly, if you fail to comply with all of the requirements of Section 512(g)(3) of the DMCA, your Counter Notice may not be effective.
The DMCA allows us to restore removed content if the party filing the original DMCA Notice does not file a court action to enforce its copyright within ten business days of receiving a copy of a Counter Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, or if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers, and to withdraw such users’ access to the Website.
This Website is operated by Rembolt Ludtke LLP. Please visit to the “Contact Us” page on the Website to submit feedback, comments, requests for technical support or other communications relating to the Website.
Copyright © 2022 Rembolt Ludtke LLP. All rights reserved.