The information provided at this site has been prepared by or on behalf of Davenport, Evans, Hurwitz & Smith, LLP. for informational purposes only. It is not offered as and does not constitute legal advice. Likewise, the information provided at this site is not intended to create nor does it constitute an attorney-client relationship. Resolution of specific legal questions is fact specific. As a result, the information provided at this site is not a substitute for consulting with and obtaining individualized advice from a licensed attorney.

Submitting a message through this website does not create an attorney-client relationship with Davenport, Evans, Hurwitz & Smith, LLP. While we are pleased to receive email from visitors to this site, email sent via this site is not privileged or confidential. Therefore, we ask that you do not send or include any information in your email that you consider to be confidential or privileged.

Privacy Policy

Thank you for visiting the Davenport, Evans, Hurwitz & Smith, LLP, website.

This privacy policy is intended to inform you about the type of information we gather at the website and what is done with it. By using the website, you consent to the use of information as described in this policy.

General Information Collection Policy

We do not automatically collect any personally identifiable information about you. Our web server logs and analytics products we use automatically collect data about your visit to the site.

That information (e.g., browser type, type of computer operating system, IP address, time spent on site, etc.) does not enable us to identify you. It is used to analyze and assess usage of the site.


The website does use cookies, small files that are automatically generated, sent to your browser and stored on your hard drive to record how and when you use a site.

Although cookies uniquely identify a web browser on a specific computer or device, they do not identify the user. Google Ads uses some of the cookies to show ads in your browser as you’re using the internet based on your visits to our site.

Opting Out

If you do not want cookies stored on your computer, you can change the settings on your browser so it notifies you if one is about to be stored or block them entirely.

Blocking all cookies can affect the functionality of a website. If you want to opt out of Google Ads use of cookies, you can do so at Google Ad Settings. You can opt out of a third-party vendor’s use of cookies at the Network Advertising Initiative opt-out page.

Personally Identifiable Information

We collect personally identifiable information such as your name and e-mail address only if you voluntarily provide it. We use this information only to respond to your request or inquiry. We will not give it to others unless you agree or we are required to do so by law.

Personally identifiable information you provide online is purely voluntary and should not be of a particularly sensitive nature. Any information you submit via our website does not create an attorney-client relationship between us and you.

That information is not encrypted or otherwise subjected to special security measures. Although we take generally appropriate security measures, we cannot guarantee they can never be cracked.


We provide links to other websites that may be of interest solely as a convenience to you. If you choose to use those links to go to another website, that site’s privacy policy governs your activities and any information you disclose while visiting that site.

We are not responsible for and have no control over the content or privacy.

Policy Changes

We reserve the right to change this policy at any time without advance notice. We will post any new policy on the site. Your continued use of the site will be subject to the then-current privacy policy.

Terms of Use


Our website is not directed towards children.  If you are using this website, you are confirming that you are 18 years of age or older, or are over 13 years of age and using the website with the consent and supervision of your parent or guardian, and that you explicitly agree and consent to our Disclaimer, Terms of Use, and our Privacy Policy.


All materials on our website are owned by Davenport, Evans, Hurwitz & Smith, LLP and are protected by intellectual property rights, including copyright and trademark laws.  Use of any and all content on the website is only allowed for non-commercial purposes, and any distribution, reproduction, or duplication (regardless of means of distribution), is strictly prohibited unless you have received the prior written approval of Davenport, Evans, Hurwitz & Smith, LLP.

Liability Waiver

Although we do our best to ensure the optimal performance of our website, any and all material contained on this website is relied upon at your own risk and is presented “as is.”  No warranties, express or implied, are provided for our website or its content. We do not warrant that website or its content is free from error, that use of our website will be free from interruptions, that our website is free from defects, including viruses or malware, or that our site will not be compromised by a cyberattack or hack.

You both acknowledge and consent that neither Davenport, Evans, Hurwitz & Smith, LLP nor its partners and employees are liable to you in any way for your use of this website including for errors or omissions, delays, interruptions, defects, or missing or deleted information or damages of any kind, including to your computer network, and specifically including direct, special, consequential, incidental and punitive damages arising from your use of this website.  You expressly consent to and agree that use of the Davenport, Evans, Hurwitz & Smith, LLP website is at your own risk.

Disputes, Governing Law, Venue, and Enforceability

This website, and your use of this website, is governed by the laws of South Dakota, and any disputes about this website shall be venued in Minnehaha County, South Dakota subject to South Dakota law.  If any provision of these Terms of Use is deemed unlawful, void or unenforceable for any reason, that provision shall be deemed severable and the rest of the agreement shall remain in affect with that provision not affecting the validity and enforceability of any of the remaining provisions.

Modification of Site Policies

Please review our Disclaimer and Privacy Policy, which are posted above on this page. These policies also govern your use of our website. We reserve the right to make changes to our site, policies at any time without advance notice, including to these Terms of Use. We encourage you to continue to review these Terms of Use each time before using our website, as your continued use will be subject to the then-current Terms of Use.  Each time content of our Privacy Policy or Terms of Use changes, we will update the last modified date.

How to Contact Us

If you have questions about our Disclaimer, Privacy Policy, or Terms of Use or want to opt out of any future communications, please contact us at [email protected].