Effective February 1, 2014
1.1 Firm Websites. The Firm Websites include www.aandglaw.com and all websites and pages operated under any sub-domain of any Firm Website.
1.2 Use of Firm Websites Constitutes Acceptance. This Agreement will constitute a binding and enforceable agreement between you (individually and in your capacity as an employee, officer, agent, partner, etc. of each organization you represent in connection with any use of the Firm Websites) and each of the entities that are comprised in the Firm. By using any Firm Website or any Services, you acknowledge and agree that you have fully read and agree to be bound by the provisions of this Agreement, exactly as if it were printed on paper and signed by you. If you do not agree to be bound by this Agreement in its entirety, then you must immediately stop using all Firm Websites and all Services. Although the registration process may require you to “click-through” or otherwise affirmatively agree to be bound by the provisions of this Agreement, this Agreement is binding on you by your use of any Firm Website or Services, regardless of whether or not you choose to register.
1.3 Business or Employment Use. Where you use a Firm Website or Service in the course of your employment or business, you enter into this Agreement both on your own behalf and in your capacity as an employee, officer, agent, partner, etc. of such organization which you represent, and references in this Agreement to “you” shall mean both you as the individual user of the Firm Website or Service and you in your capacity as a representative of your organization.
1.4 Changes to this Agreement. The Firm may remove, amend or replace any provision of this Agreement at any time, but, if it does so, the Firm will notify you by e-mail, or by posting such changes on a Firm Website before they become effective.
1.5 Client Agreements. If you are a client of the Firm, nothing in this Agreement will supersede any provision of your engagement letter or other agreement with respect to the attorney-client relationship.
2.1 No Legal Advice. The Firm Websites and all Content are provided for general informational purposes only and may not reflect current legal developments, verdicts or settlements. Any information contained in this or any other Firm Website should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter. No recipient of content from any Firm Website (whether clients or otherwise) should act or refrain from acting on the basis of any Content included in, or accessible through, this or any other Firm Website without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.
2.2 No Attorney-Client Relationship. No attorney-client relationship will be formed based on your use of any Firm Website or any Services provided through any Firm Website. Information that you provide through a Firm Website will not be treated as confidential or proprietary unless the Firm expressly agrees to treat such information in such manner.
2.3 Risks of Doing Business on the Internet. You acknowledge and agree that electronic communications and databases are subject to errors, tampering and break-ins and that, notwithstanding the Firm’s implementation of reasonable security precautions, the Firm does not, nor does any entity that is part of the Firm, guarantee or warrant that such events will not take place. You agree to follow all access and security procedures provided by the Firm, from time to time, and will not attempt, nor will you aid or abet any other person in any attempt, to circumvent or otherwise interfere in any way with any security precautions or measures of the Firm.
2.5 Certification of Specialties. Except where noted on their respective biographies, the lawyers of the Firm are not certified by the authority of their respective practice jurisdictions.
2.6 NO WARRANTIES. THE FIRM PROVIDES THE FIRM WEBSITES AND ALL CONTENT AND SERVICES SOLELY ON AN “AS-IS/AS-AVAILABLE” BASIS. SAVE TO THE EXTENT REQUIRED BY ANY MANDATORY APPLICABLE LAW, NONE OF THE FIRM WEBSITES, CONTENT OR SERVICES ARE SUBJECT TO ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT. THE FIRM DOES NOT, NOR DOES ANY ENTITY THAT IS PART OF THE FIRM, GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY CONTENT OR SERVICES. IN ADDITION, THE FIRM DOES NOT, NOR DOES ANY ENTITY THAT IS PART OF THE FIRM, GUARANTEE THAT PROVISION OF ANY FIRM WEBSITE OR ANY SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY SERVICE WILL CONTINUE TO BE AVAILABLE.
3. Acceptable Use Policy
3.1 Courtesy and Common Sense. Participation in message boards and other online interaction with other users of Firm Websites should be governed by the same rules of courtesy and common sense as face-to-face interactions with other people who may share different opinions.
3.2 Unacceptable Behavior. You will not (nor will you aid or abet any third party to): (i) upload, post, e-mail or otherwise transmit to a Firm Website any material that is: confidential or proprietary to you or any other person or entity, or that you do not have the right to disclose generally to the public; unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, defamatory, hateful or invasive of the rights of any other person or entity; likely to infringe or misappropriate any patent, copyright, trademark, trade secret or other intellectual-property right of any other person or entity; or a virus, worm or Trojan horse, or any other computer code that is likely to disrupt, overload, harm or impair the functioning of any Firm Website; (ii) attempt to impersonate any other person, or otherwise misrepresent your identity, qualifications, affiliations or any other information about you; (iii) solicit other users or post any advertisement without the Firm’s express written consent; (iv) attempt to disrupt, overload, harm or impair the functioning of any Firm Website; or (v) engage in any conduct that is unlawful, disruptive or otherwise inappropriate.
3.3 Postings Not Anonymous. The Firm does not, nor does any entity that is part of the Firm, guarantee that any message-board posting or other material that you post on any Firm Website will not be traceable to you, either by the Firm or by other users. The Firm reserves the right to monitor any and all of your activities on Firm Websites and to take appropriate action with respect to inappropriate or unlawful conduct, including, without limitation, reporting such conduct to appropriate authorities. In some cases, the functionality of Firm Websites or other technology also may allow other users to learn your identity or other information about you. You may be liable to other users, as well as the Firm, for any defamatory or otherwise unlawful material that you post on any Firm Website.
3.4 Downloading Content. The Firm grants you a revocable, nontransferable, nonexclusive license to download copies of articles, contact information and other Content, solely for your individual or internal business use; provided, that you do not: (a) remove any copyright notice, trademark notice or other intellectual property notice from any copy of any Content, or (b) accept any consideration in exchange for any Content, or for services provided using any Content (including legal services) to any third party.
3.5 Links to Firm Websites. The Firm grants you a revocable, nontransferable, nonexclusive license to include a hyperlink on your own website to the home page of any Firm Website; provided, that you do not: (a) “deep link” to any other page of any Firm Website, (b) “frame” any Firm Website or any Content, or otherwise cause any Firm Website or any Content to appear in a window with any other material, (c) cause the hyperlink or the Firm Website to be displayed in any way that is disparaging to the Firm, or any entity that is part of the Firm, or (d) otherwise imply or state that any type of relationship or special arrangements exist with the Firm, or any entity that is part of the Firm, that have not been approved in writing by the Firm. You agree that you will promptly remove any hyperlink to any Firm Website upon written request from the Firm to do so. In no event will you use the Firm’s logo or any other trademark as a hyperlink “button” or in any manner without the Firm’s express written consent.
3.6 Indemnification. The Firm provides the Firm Websites, Content and Services solely as an accommodation to you, and the Firm and each entity that is part of the Firm will not accept any risks arising from your use thereof. As such, you will indemnify, defend and hold harmless the Firm, each entity that is part of the Firm, and their respective partners, employees, vendors and agents, from and against any and all claims that arise from or relate to: (a) your use of any Firm Website, Content or Service; (b) the Firm’s use of any message-board posting, information or other material that you upload or send to, or post on, any Firm Website; or (c) your breach of any provision of this Agreement.
4. Intellectual Property
4.1 Firm Content. All of the Content, including, without limitation, all text, graphics, video and sounds on any Firm Website, and all computer code associated therewith, are the valuable proprietary property of the Firm, its licensors and contributors, and are subject to copyright, trademark and other intellectual property protection. You acknowledge and agree that the Firm has expended substantial time and effort to create each Firm Website, and the Content and Services provided through each Firm Website, and that the Firm exclusively owns or has been licensed by third parties to use and sublicense all rights, title and interest therein and all associated information, data, databases, images and other material.
4.2 Complaints and Digital Millennium Copyright Act. If you wish to make any complaint regarding any Content then please contact us at firstname.lastname@example.org.
5. Limitations of Liability
5.1 NO LIABILITY FOR DAMAGES. EXCEPT AS REQUIRED BY ANY APPLICABLE MANDATORY LAW, IN NO EVENT WILL THE FIRM OR ANY OTHER ENTITY THAT IS PART OF THE FIRM, OR ANY OF THEIR RESPECTIVE PARTNERS, EMPLOYEES, VENDORS OR AGENTS, BE LIABLE WITH RESPECT TO THIS AGREEMENT, ANY FIRM WEBSITE, ANY CONTENT OR ANY SERVICE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, RELIANCE, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY LOSS OF PROFITS, DATA, OPPORTUNITY, SAVINGS OR INTEREST, OR ANY PENALTIES OR ASSESSMENTS IMPOSED UNDER APPLICABLE TAX LAWS OR OTHERWISE, EVEN IF THE FIRM OR ANY OTHER ENTITY THAT IS PART OF THE FIRM, OR ANY OF THEIR RESPECTIVE PARTNERS, EMPLOYEES, VENDORS OR AGENTS HAS BEEN ADVISED OF THE LIKELIHOOD THEREOF.
5.2 AGGREGATE LIABILITY. EXCEPT AS REQUIRED BY ANY APPLICABLE MANDATORY LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE FIRM OR OTHER ENTITY THAT IS PART OF THE FIRM, OR ANY OF THEIR RESPECTIVE PARTNERS, EMPLOYEES, VENDORS AND AGENTS WITH RESPECT TO ALL CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT, ALL FIRM WEBSITES, ALL CONTENT AND ALL SERVICES EXCEED AN AMOUNT EQUAL TO ONE HUNDRED UNITED STATES DOLLARS.
5.3 MANDATORY APPLICABLE LAWS. CLAUSES 5.1 AND 5.2 SHALL NOT APPLY TO THE EXTENT THAT ANY LIABILITY MAY NOT BE EXCLUDED UNDER APPLICABLE MANDATORY LAWS. THE EXTENT OF THIS EXCEPTION WILL DEPEND ON THE COUNTRY IN WHICH YOU RESIDE AND THE CAPACITY IN WHICH YOU USE THE FIRM WEBSITES.
6.1 Jurisdiction. This Agreement will be governed by the laws of the State of Illinois, without regard to its rules of conflict of laws. The state and federal courts located in Cook County, Illinois, will have exclusive jurisdiction over any case or controversy arising from or relating to this Agreement, a Firm Website or any Services. Each party hereby consents irrevocably to personal jurisdiction in such courts with respect to any and all such matters, and waives any defense of forum non conveniens with respect to such courts. Notwithstanding the foregoing, either party may seek appropriate injunctive relief from any court having jurisdiction. Each party will and hereby does knowingly and voluntarily waive any right to a trial by jury in any case or controversy arising from or relating to this Agreement.
6.2 Assignment. Your rights and obligations under this Agreement are personal to you and may not be assigned to any other party.
6.3 Force Majeure. The Firm will not, nor will any entity that is part of the Firm, be deemed to be in breach of this Agreement for any failure or delay in performance caused by reasons beyond its reasonable control, including any natural calamity, act of God or a public enemy, act of any military, civil or regulatory authority, change in any law or regulation, disruption or outage of communications, power or other, failure to perform by any supplier or other third party, or any other cause beyond the reasonable control of the Firm (or any entity that is part of the Firm).
6.4 Waiver. The Firm will not, nor will any entity that is part of the Firm, be deemed to have waived any breach by you of this Agreement, except by a written waiver expressly so stating, and such waiver will not be construed as a waiver of subsequent or continued breaches.
6.5 Severability. If any provision of this Agreement is held to be invalid or unenforceable, such invalidity or unenforceability will be limited to the maximum extent permissible, and the other provisions of this Agreement will remain in full force and effect.
6.6 Complete Understanding. This Agreement constitutes the final and complete agreement between the parties regarding the subject matter hereof, and supersedes any prior or contemporaneous communications, representations or agreements between the parties relating to the subject matter hereof.