Terms of Service

Effective Date: January 1, 2025
Last Updated: January 1, 2025
Governing Law: State of Nebraska

These Terms of Service (“Terms”) govern your use of the Boyum Law website located at
boyumlaw.com and any related services provided by
Boyum Law (“we,” “us,” or “our”). By accessing or using our website, you agree to be bound by
these Terms and our Privacy Policy.

⚖️ IMPORTANT LEGAL NOTICE: These Terms do not create an attorney-client relationship.
Contacting us through this website or using our services does not establish legal representation unless
we have entered into a written engagement agreement with you.

Table of Contents

1. Acceptance of Terms
2. Use of Website
3. No Attorney-Client Relationship
4. Legal Services and Engagement
5. Nebraska Jurisdiction and Practice
6. SMS Text Messaging Terms
7. Email Communications
8. Confidentiality and Privilege
9. Fees and Payment
10. Statute of Limitations
11. Disclaimer of Warranties
12. Limitation of Liability
13. Intellectual Property
14. User Conduct
15. Third-Party Links
16. Indemnification
17. Dispute Resolution
18. Termination
19. Changes to Terms
20. Severability
21. Entire Agreement
22. Contact Information

1. Acceptance of Terms

By accessing or using the Boyum Law website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms, you must not use our website or services.

1.1 Capacity to Accept

By using this website, you represent and warrant that:

• You are at least 18 years of age
• You have the legal capacity to enter into binding agreements
• You are not prohibited by law from accessing or using this website
• All information you provide to us is accurate and current

1.2 Modification of Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes by:

• Updating the “Last Updated” date at the top of this page
• Posting a notice on our website homepage
• Sending email notification to registered users (when applicable)

Your continued use of the website after changes are posted constitutes your acceptance of the modified Terms.

2. Use of Website

2.1 Permitted Use

You may use this website for lawful purposes only, including:

• Obtaining information about our legal services
• Contacting us for initial consultations
• Accessing educational legal resources
• Scheduling appointments
• Communicating with our firm regarding legal matters

2.2 Prohibited Uses

You agree NOT to:

• Use the website for any unlawful purpose or in violation of these Terms
• Attempt to gain unauthorized access to our systems or networks
• Transmit viruses, malware, or other harmful code
• Interfere with or disrupt the website or servers
• Use automated systems (bots, scrapers) to access the website
• Impersonate any person or entity
• Collect or harvest information about other users
• Use the website to transmit spam or unsolicited communications
• Violate any applicable laws or regulations

2.3 Website Availability

We strive to ensure the website is available 24/7, but we do not guarantee uninterrupted access. The website may be unavailable due to:

• Scheduled maintenance
• Technical issues
• Force majeure events
• Third-party service disruptions

We are not liable for any damages resulting from website unavailability.

3. No Attorney-Client Relationship

3.1 No Legal Advice

The information on this website is for general informational purposes only and does not constitute legal advice. Do not rely on information from this website as a substitute for legal counsel from a licensed attorney.

3.2 No Confidentiality Before Engagement

Information you send to us before we agree to represent you is NOT confidential or privileged. Therefore:

• ❌ Do NOT send confidential information via website forms or unsolicited emails
• ❌ Do NOT send time-sensitive information
• ❌ Do NOT assume we will keep your information confidential
• ✅ Wait until after we establish representation to share sensitive details

3.3 Consultation Does Not Guarantee Representation

An initial consultation does not obligate us to represent you or you to hire us. We may decline representation for various reasons, including:

• Conflicts of interest
• Matters outside our practice areas
• Lack of resources or availability
• Geographic limitations
• Statute of limitations concerns

4. Legal Services and Engagement

4.1 Scope of Services

Boyum Law provides legal services in the following practice areas:

• Estate Planning: Wills, trusts, powers of attorney, advance directives
• Probate Administration: Estate administration, guardianships, conservatorships
• Elder Law: Medicaid planning, long-term care planning, asset protection
• Trust Administration: Trust management, trust modification, trustee services
• Special Needs Planning: Special needs trusts, guardianship planning
• Business Succession Planning: Family business transfers, buy-sell agreements

4.2 Written Engagement Agreement Required

All attorney-client relationships must be formalized through a written engagement agreement (“Engagement Letter”) that specifies:

• Scope of representation
• Fee structure and billing terms
• Client and attorney responsibilities
• Termination provisions
• Dispute resolution procedures

4.3 Limited Scope Representation

We may offer limited scope representation for specific legal tasks. The scope of our representation will be clearly defined in the Engagement Letter. We are only responsible for the services specifically outlined in that agreement.

4.4 Client Responsibilities

If you engage our services, you agree to:

• Provide complete and accurate information
• Respond promptly to our communications
• Provide requested documents in a timely manner
• Pay fees and costs as agreed
• Keep us informed of address or contact information changes
• Make the final decisions on your legal matter
• Attend scheduled appointments and court dates

5. Nebraska Jurisdiction and Practice

5.1 Nebraska Practice Only

Bradley A. Boyum is licensed to practice law only in the State of Nebraska. Our legal services are limited to:

• Nebraska state law matters
• Federal matters in Nebraska federal courts
• Matters governed by Nebraska law

We do NOT provide legal advice or services regarding the laws of any other state or jurisdiction.

5.2 Nebraska Courts and Venue

Our practice primarily serves clients in the following Nebraska counties:

• Douglas County
• Sarpy County
• Cass County
• Washington County
• And other Nebraska counties as appropriate

5.3 Nebraska Rules of Professional Conduct

Our practice is governed by the Nebraska Rules of Professional Conduct and the Nebraska Supreme Court Rules. We adhere to these rules in all aspects of our practice, including:

• Confidentiality obligations
• Conflicts of interest rules
• Competence requirements
• Communication duties
• Fee agreements and billing practices

5.4 Multi-Jurisdictional Matters

If your legal matter involves issues in multiple states, we may:

• Refer you to qualified attorneys in other jurisdictions
• Associate with attorneys licensed in other states (with your consent)
• Decline representation if we cannot adequately serve your needs

6. SMS Text Messaging Terms

6.1 Consent to Receive Text Messages

By providing your mobile phone number and expressly consenting to receive text messages, you agree to receive SMS communications from Boyum Law. Your consent is not a condition of purchasing any goods or services.

6.2 Types of Text Messages

We may send you:

• Appointment Reminders: Confirmations and reminders of scheduled meetings
• Case Updates: Important information about your legal matter
• Document Requests: Reminders to provide documents or information
• Payment Reminders: Billing and payment notifications
• General Communications: Responses to your inquiries
• Educational Content: Legal tips and firm news (only with additional consent)

6.3 Message Frequency and Charges

• Frequency: Message frequency varies. Active clients may receive 2-10 messages per month
• Cost: Message and data rates may apply. Standard carrier rates apply
• No Guarantee: We do not guarantee message delivery or receipt

6.4 How to Opt-Out

You may opt out of text messages at any time by:

• Texting “STOP” to any message from us
• Calling us at (402) 991-5410
• Emailing us at info@boyumlaw.com

After opting out, you will receive one final confirmation message, then no further messages unless you re-consent.

6.5 Text Message Support

For help, text “HELP” or contact us at (402) 991-5410.

6.6 Security Warning

Text messages are NOT secure or confidential. Do not send sensitive information via text, including:

• Social Security numbers
• Financial account information
• Detailed legal strategy
• Privileged attorney-client communications

6.7 Supported Carriers

Available on all major U.S. carriers, including AT&T, Verizon, T-Mobile, Sprint, and others. Carriers are not liable for delayed or undelivered messages.

6.8 TCPA Compliance

Our SMS program complies with the Telephone Consumer Protection Act (TCPA) and FCC regulations. We only send messages to those who have provided express written consent.

7. Email Communications

7.1 Email Security

Email is not a secure form of communication. By sending us email, you acknowledge that:

• Email transmissions may be intercepted by third parties
• We cannot guarantee the security or confidentiality of email
• Emails may be subject to disclosure under certain circumstances
• You assume all risks associated with email communication

7.2 Marketing Emails

If you opt in to receive marketing emails, you consent to receive newsletters, legal updates, and promotional materials. You may unsubscribe at any time using the link in each email.

7.3 Email Retention

We retain emails as part of our client files and business records in accordance with our document retention policy and Nebraska professional responsibility rules.

8. Confidentiality and Privilege

8.1 Attorney-Client Privilege

Once an attorney-client relationship is established through a signed Engagement Letter, communications between you and Boyum Law are generally protected by attorney-client privilege under Nebraska law.

8.2 Confidentiality Obligations

We are bound by the Nebraska Rules of Professional Conduct to maintain the confidentiality of client information. We will not disclose your information except:

• With your informed consent
• As necessary to provide legal representation
• As required by law or court order
• To prevent imminent harm or criminal activity (as permitted by law)
• To defend ourselves against claims or allegations

8.3 Waiver of Privilege

You may waive attorney-client privilege by:

• Disclosing privileged communications to third parties
• Failing to maintain confidentiality
• Expressly consenting to disclosure

9. Fees and Payment

9.1 Fee Arrangements

Our fees are established by written agreement and may include:

• Flat Fees: Fixed price for specific services (e.g., simple wills, powers of attorney)
• Hourly Fees: Billing based on time spent on your matter
• Retainer Fees: Advance payment against which services are billed
• Combination Arrangements: Mix of flat and hourly fees

9.2 Costs and Expenses

In addition to attorney fees, you are responsible for costs and expenses, including:

• Court filing fees
• Service of process fees
• Certified copies and recording fees
• Expert witness fees
• Postage and courier services
• Travel expenses (if applicable)

9.3 Payment Terms

• Initial retainer or flat fee due upon signing Engagement Letter
• Invoices typically issued monthly for hourly matters
• Payment due within 30 days of invoice date
• Accepted payment methods: check, credit card, ACH transfer
• Late payments may incur interest charges as permitted by law

9.4 Fee Disputes

If you have concerns about fees or billing:

• Contact us immediately to discuss
• We will work to resolve billing disputes promptly
• You may have the right to fee arbitration under Nebraska law
• Nonpayment may result in withdrawal from representation (with court approval if required)

10. Statute of Limitations

10.1 Nebraska Statutes of Limitations

Nebraska law imposes time limits on various legal actions, including:

• Probate Matters: Creditor claims typically within 2 months of published notice
• Will Contests: Generally within 3 years of probate
• Personal Injury: Generally 4 years from injury
• Contract Actions: 4-5 years depending on contract type
• Medical Malpractice: 2 years from discovery, 10 years maximum
• Legal Malpractice: 2 years from discovery, 10 years maximum

10.2 Urgent Matters

If you have a time-sensitive legal matter:

• ❌ Do NOT rely on website forms or email
• ✅ Call us immediately at (402) 991-5410
• ✅ Clearly state the urgent nature of your matter
• ✅ Consider consulting another attorney if we cannot accommodate your timeline

11. Disclaimer of Warranties

This website and all information, content, materials, and services are provided “as is” and “as available” without any warranties of any kind, either express or implied.

11.1 No Warranty of Accuracy

We make no representations or warranties regarding:

• The accuracy, completeness, or reliability of website content
• The currency of legal information (laws change frequently)
• The applicability of general information to your specific situation
• The results you may obtain from using our services

11.2 No Warranty of Outcomes

We cannot and do not guarantee specific outcomes in legal matters. Every case is unique, and past results do not guarantee future success.

11.3 Third-Party Content

We are not responsible for the accuracy or reliability of third-party content, including linked websites, testimonials, or external resources.

12. Limitation of Liability

To the maximum extent permitted by Nebraska law:

12.1 No Liability for Website Use

Boyum Law shall not be liable for any damages arising from:

• Use or inability to use this website
• Reliance on information found on this website
• Errors, omissions, or inaccuracies in website content
• Unauthorized access to our servers or databases
• Interruption or cessation of website services
• Viruses or harmful components transmitted through the website

12.2 Types of Damages Excluded

We are not liable for:

• Direct damages
• Indirect damages
• Incidental damages
• Consequential damages
• Punitive damages
• Lost profits or lost opportunities

12.3 Exceptions

This limitation of liability does not apply to:

• Damages arising from our gross negligence or willful misconduct
• Claims governed by our attorney-client engagement agreement
• Rights that cannot be waived under Nebraska law

13. Intellectual Property

13.1 Ownership

All content on this website, including but not limited to text, graphics, logos, images, videos, software, and compilation, is the property of Boyum Law or its licensors and is protected by U.S. and international copyright, trademark, and other intellectual property laws.

13.2 Permitted Use

You may:

• View and print pages for personal, non-commercial use
• Share links to our website content
• Reference our content with proper attribution

13.3 Prohibited Use

You may NOT:

• Copy, reproduce, or republish website content without permission
• Modify, adapt, or create derivative works
• Use our trademarks, logos, or branding without written consent
• Frame or mirror our website content
• Use automated tools to scrape or download content

13.4 Trademarks

“Boyum Law” and our logo are trademarks of Boyum Law. Other trademarks mentioned on this website are the property of their respective owners.

13.5 DMCA Compliance

We respect intellectual property rights. If you believe content on our website infringes your copyright, contact us at info@boyumlaw.com with:

• Description of the copyrighted work
• Location of the infringing material
• Your contact information
• Statement of good faith belief
• Statement under penalty of perjury
• Your physical or electronic signature

14. User Conduct

By using this website, you agree to conduct yourself lawfully and respectfully. You agree NOT to:

• Harass, threaten, or abuse our staff or other users
• Submit false, misleading, or fraudulent information
• Impersonate another person or entity
• Violate any local, state, federal, or international law
• Transmit spam, chain letters, or unsolicited communications
• Upload viruses, malware, or harmful code
• Attempt to gain unauthorized access to our systems
• Interfere with other users’ use of the website
• Collect information about other users
• Use the website for any commercial purpose without permission

We reserve the right to terminate your access to the website for violating these Terms.

15. Third-Party Links

15.1 External Links

Our website may contain links to third-party websites for your convenience and information. We do not control, endorse, or assume responsibility for:

• The content of linked websites
• The privacy practices of third parties
• The accuracy of third-party information
• Products or services offered by third parties

15.2 Your Responsibility

When you leave our website, you are subject to the terms and policies of the third-party website. We encourage you to review their terms before proceeding.

15.3 Links to Our Website

You may link to our homepage, provided you:

• Do not imply endorsement or affiliation without permission
• Do not misrepresent your relationship with us
• Do not frame or alter our content
• Link to https://boyumlaw.com (not deep links without permission)

16. Indemnification

You agree to indemnify, defend, and hold harmless Boyum Law, Bradley A. Boyum, and our employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from:

• Your use or misuse of this website
• Your violation of these Terms of Service
• Your violation of any rights of another party
• Your violation of any applicable laws or regulations
• Any content you submit or transmit through the website

We reserve the right to assume exclusive defense and control of any matter subject to indemnification, at your expense.

17. Dispute Resolution

17.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Nebraska, without regard to its conflicts of law provisions.

17.2 Jurisdiction and Venue

Any legal action or proceeding arising from these Terms or your use of this website shall be brought exclusively in the state or federal courts located in Douglas County, Nebraska. You consent to the personal jurisdiction of these courts and waive any objection to venue.

17.3 Informal Resolution

Before filing any legal action, we encourage you to contact us to attempt to resolve any disputes informally.

17.4 Attorney-Client Disputes

Disputes arising from our attorney-client relationship are governed by the terms of our Engagement Letter and may be subject to:

• Fee arbitration through the Nebraska State Bar Association
• Mediation or arbitration as specified in the Engagement Letter
• Professional responsibility proceedings

18. Termination

18.1 Right to Terminate Access

We reserve the right to terminate or suspend your access to this website at any time, without notice, for any reason, including but not limited to:

• Violation of these Terms of Service
• Engaging in prohibited conduct
• Fraudulent or illegal activity
• Abuse of our staff or resources
• At our sole discretion

18.2 Effect of Termination

Upon termination:

• Your right to use the website ceases immediately
• Provisions regarding intellectual property, disclaimers, limitations of liability, and dispute resolution survive termination
• Termination does not affect any attorney-client relationship established through an Engagement Letter

19. Changes to Terms

19.1 Right to Modify

We reserve the right to modify these Terms at any time. Changes become effective immediately upon posting to this website.

19.2 Notification of Changes

Material changes will be communicated by:

• Updating the “Last Updated” date at the top of this page
• Posting a notice on our website homepage
• Sending email to registered users (when applicable)

19.3 Your Acceptance

Your continued use of the website after changes are posted constitutes your acceptance of the modified Terms. If you do not agree to the changes, you must stop using the website.

19.4 Periodic Review

We encourage you to review these Terms periodically to stay informed of updates.

20. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable under Nebraska law or applicable federal law, such provision shall be modified to the minimum extent necessary to make it valid and enforceable. If modification is not possible, the provision shall be severed from these Terms.

The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision, and the remaining provisions shall continue in full force and effect.

21. Entire Agreement

These Terms of Service, together with our Privacy Policy, constitute the entire agreement between you and Boyum Law regarding your use of this website and supersede all prior or contemporaneous communications and proposals, whether oral or written.

21.1 Exceptions

These Terms do NOT govern:

• Attorney-client relationships (governed by Engagement Letters)
• Specific service agreements or contracts
• Separate written agreements between you and Boyum Law

21.2 No Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by an authorized representative of Boyum Law.

22. Contact Information

If you have questions or concerns about these Terms of Service, please contact us:

Acknowledgment

BY USING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM,
AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THIS WEBSITE.

These Terms were last updated on January 1, 2025.

Nebraska Legal Resources

Nebraska State Bar Association:
www.nebar.com
Phone: (402) 475-7091

Nebraska Lawyer Referral Service:
Phone: (402) 475-7091
Toll-Free: (800) 742-3005

© 2025 Boyum Law. All Rights Reserved.
Attorney Advertising | Prior results do not guarantee a similar outcome.
Licensed to practice law in the State of Nebraska only.