Consumer User Agreement These Terms of Use were last updated on September 13, 2024. CannabisAttorneyDirectory.com (collectively, the “Site,” “service” or “services”) TERMS OF USE FOR CONSUMERS (referred to herein as these “Terms of Use” or this “agreement”). PLEASE READ THE FOLLOWING CAREFULLY BEFORE USING THE SITE. IF YOU ARE USING THE SITE AS A VISITOR WITHOUT REGISTRATION, THEN BY USING THE SITE, YOU AGREE THAT SUCH USE CONSTITUTES YOUR ASSENT TO THE TERMS OF THIS AGREEMENT. IF YOU REGISTER ON THE SITE, YOU UNDERSTAND THAT BY CLICKING THE “I AGREE” BUTTON, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IN EITHER INSTANCE, IF YOU AGREE TO THIS AGREEMENT ON BEHALF OF AN ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY TO THIS AGREEMENT. IN THAT EVENT, “YOU” AND “YOUR” AND ANY VARIANTS WILL REFER TO YOU AS THE PERSON USING THE SITE, YOUR ADMINISTRATORS, EXECUTORS, SUCCESSORS AND PERMITTED ASSIGNS, AS WELL AS THE ENTITY ON WHOSE BEHALF YOU MAY BE ACTING WHEN YOU ACCESS THIS SITE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE SITE. This Site and its services constitute advertisements by the attorneys who participate in the Site (“Participating Attorneys”). The Site and its services are controlled, owned and operated by Attorney Directory Holdings LLC, an Illinois limited liability company (referred to hereafter as “We”, “us” or “our”). Please see our Privacy Policy for information about the types of information We may collect and use during Your visit.
Description of Services. Our goal is to assist consumers in searching, finding, and connecting with our Participating Attorneys. We are neither a law firm nor a referral service and neither is the Site. The Site is an interactive, computerized, attorney directory service owned and operated by us. We simply offer an online means for lawyers and potential clients to exchange professional qualifications and contact information. You understand that we do not endorse any of the lawyers or law firms (collectively referred to hereafter as a “Law Firm”) that advertise on the Site. It is Your decision alone whether or not to work with any Law Firm listed on the Site. We do not receive any portion of any Law Firm's fees for legal services paid by clients and any arrangements subsequently made by You. Your engagement of any Law Firm is strictly between You and such Law Firm and does not involve us in any way.
Legal Notices. The Site is provided by us. Please carefully review the following basic rules that govern Your use of the Site. Please note that Your use of the Site constitutes Your unconditional agreement to follow and be bound by these Terms of Use. If You do not agree to them, do not use the Site, provide any materials to the Site or download any materials from it. We reserve the right to update or modify these Terms of Use at any time without prior notice to You, the user. Your use of the Site following any such change constitutes Your unconditional agreement to follow and be bound by these Terms as changed. For this reason, We encourage You to review these Terms of Use whenever You use the Site. These Terms of Use apply to the use of the Site and the services offered at the Site and do not extend to any location on the internet to which the Site provides a link or an add-on that is owned by a third party (collectively, “Third Party Sites”). If You have agreed to these Terms of Use on behalf of an entity, such entity agrees that it will hold harmless and indemnify us, and our employees, directors, officers, shareholders, affiliated companies, agents and representatives, vendors, suppliers, or service providers (collectively referred to as the ‘Our Parties”) from and against any liability, damage, loss, cost or expense (including, without limitation, reasonable attorneys’ fees actually incurred) arising from or relating to its and Your use of the Site and services or in violation of these Terms of Use.
You and Us. We do not provide legal services. The Site and its services are simply advertisement for lawyers and potential clients seeking legal representation. All the materials and information on the Site are provided for informational purposes only and may not reflect current legal developments or variances in the law of different jurisdictions. The Site does not provide legal advice (although a Law Firm may provide legal advice to You in the event You engage such Law Firm to serve as Your legal counsel), and nothing on the Site should be construed as legal advice or used as a substitute for legal advice. The materials and information on the Site do not necessarily reflect our opinions. The information on the Site is not guaranteed by us to be correct, complete, up-to-date, reliable, or error-free. The use of the Site and services offered at the Site does not constitute or create an attorney-client relationship between us and any third party or between You and the attorney of any of the Law Firms, their partners, employees, agents or affiliates, or any other attorney associated with the Site. Additionally, the mere receipt of an email from or a "post" on the Site does not create an attorney-client relationship. As between You and a Law Firm, no attorney-client relationship will be established until You and the Law Firm You are engaging have formally accepted the engagement and mutually agree to representation. You understand and agree that the Law Firm You engage to represent You is solely responsible for providing its services to You. You understand and agree that none of the Our Parties shall be liable for any damages or costs of any type arising out of or in any way connected with Your use or misuse of the Site or its services (including claims based on malpractice). You understand and agree that any claim arising out of Your relationship with a Law Firm advertised on the Site shall be brought solely against such Law Firm. YOU SHOULD NOT ACT OR RELY ON THE BASIS OF ANY INFORMATION ON THE SITE WITHOUT SEEKING AND RETAINING THE ADVICE OF A LAW FIRM.
Attorney-Client Privilege and Conflicts. a) Because we do not provide legal services and because the Site is simply an interactive, computerized attorney advertisement service, Your use of the Site and its services do not confer the benefits that are part of a typical attorney-client relationship. Accordingly, You should refrain from submitting any confidential information in any post or transmission through the Site or its services. The Site does not assume responsibility for the protection of confidential information, and it is possible that the dissemination of otherwise confidential information may occur through Your use of the Site and its services. If information that would otherwise be subject to a legal privilege is posted or transmitted on the Site, no assurance can be given that the Site will maintain the privilege. The maintenance of confidentiality or legal privilege of any information posted or transmitted on the Site by You, including information transmitted or posted to any user of the Site, is Your sole responsibility. b) It is the sole responsibility of the Law Firm to investigate whether there is a conflict of interest such that the Law Firm cannot represent You. The Site does not perform a check for legal conflicts of interest or other conflicts that may exist on Your part in connection with the engagement of a Law Firm. Determining whether a legal conflict exists is the sole responsibility of such Law Firm. You understand and agree that Our Parties shall not be liable for any damages or costs of any type arising out of or in any way arising from any Law Firm’s failure to investigate potential conflicts of interest arising from Your use of the Site and its services.
Permitted and Prohibited Uses. a) You may use the Site solely for internal, personal purposes and for the purpose of printing discrete information and search results from the Site solely for such purposes, subject to these Terms of Use. b) You may not use the Site to violate any applicable local, state, national, or international law, including without limitation any applicable laws relating to antitrust or other illegal trade or business practices, federal and state securities laws, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, and any U.S. laws, rules, and regulations governing the export and re-export of commodities or technical data. You may not upload or transmit any material that infringes upon or misappropriates any person's copyright, patent, trademark, trade secret, or rights of privacy or publicity or disclose via the Site any information the disclosure of which would constitute a violation of a confidentiality obligation or fiduciary duty on Your part. You may not upload any viruses, worms, Trojan horses, hacking tools, bots, crawlers or other forms of harmful computer code, nor subject our network or servers to unreasonable traffic loads, or otherwise engage in conduct deemed disruptive to the ordinary operation of the Site. You are strictly prohibited from communicating on or through the Site any unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. You may not use the Site in any way that harms the Site, any of Our Parties, other users of the Site, or members of the general public. You may not manipulate identifiers to disguise Your identity or the origin of any content or correspondence. You may not impersonate another individual or entity or otherwise misrepresent Your affiliation with an individual or entity. You may not use any of our trademarks or service marks in any way to suggest an affiliation with or endorsement by us of any individual, organization, product, or service. c) As a condition for accessing the Site and using the service, You agree not to (i) reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of the Site or service other than as expressly allowed under these Terms of Use; (ii) use our name, trademarks, server, or other materials in connection with, or to transmit, any unsolicited communications or emails; or (iii) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages.
Copyright and Limited License to Site and Site Materials. The Site and all content on the Site, including without limitation, the software used to run the Site and all documents, text, graphics, pictures, information and other content (collectively, “Site materials”), are the proprietary property of us or our licensors. You are granted a limited, revocable, non-transferrable, nonexclusive license (without the right to sublicense) to download and reproduce Site material documents that are specifically made available on the Site for the general public to download (“public documents”), provided that any copyright and/or trademark notices on each page of a public document are reproduced in full and that You agree to comply with all such notices. Your limited license is subject to these Terms of Use and excludes: (i) any resale of the Site or any Site materials; (ii) any distribution, public performance or public display of any Site materials, other than sharing copies of public documents as provided by these Terms of Use; (iii) modifying or otherwise making any derivative uses of the Site or any Site materials; (iv) use of any data mining, robots, screen scraping or similar data gathering or extraction, automated account registration, or account utilization methods; (v) decompiling, disassembling or reverse engineering any Site software or Site architecture; or (vi) downloading (other than the page caching) of any portion of the Site, the Site materials (except as provided above) or any information contained therein. Any use of the Site or Site materials other than as specifically authorized herein is strictly prohibited and will terminate the foregoing license.
Trademarks. CannabisAttorneyDirectory.com and its associated logos (collectively, the “Marks”) are trademarks or service marks or otherwise the property of us and our licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of us or the applicable trademark holder. The right to use any Mark can only be obtained via a separate trademark license agreement with us and Your compliance with any applicable Mark usage guidelines. You may not use any metatags or any other “hidden text” utilizing any of the Marks without our prior written permission, nor may You purchase any Marks as advertising keywords. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Site and its services are the property of their respective owners. Our reference to any product vendors or service providers, products, services, processes or other information, whether by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship or recommendation thereof.
User Submissions. Sale of User Content; Ownership of Content Upon Termination and Other Events (a) we do not want to receive confidential or proprietary information from You through the Site. As to information provided by You to the Site, You (i) agree that such content will be considered non-confidential and nonproprietary, (ii) represent and warrant that all such information is true, complete and correct, (iii) agree that we will be under no obligation of any kind with respect to such information, except as set forth in these Terms of Use. YOU HEREBY GRANT TO US A PERPETUAL, WORLDWIDE, NONEXCLUSIVE, ROYALTY-FREE, AND IRREVOCABLE LICENSE TO REPRODUCE, MAKE DERIVATIVE WORKS FROM, USE, DISCLOSE, AND DISPLAY INFORMATION PROVIDED BY YOU ON THE SITE. WE HAVE NO OBLIGATION TO ADD AUTHORSHIP ATTRIBUTION TO INFORMATION PROVIDED BY YOU. You understand and agree to waive and forego asserting any moral rights You may have in such information. By Your providing information to us, You represent and warrant that You have authority to provide such information to us and grant the rights to such information described above, and that doing so does not and will not constitute the infringement or misappropriation of the trade secrets or other confidential information of You or any third party. For the avoidance of doubt, without limiting the foregoing and except for content that originates from us, We do not claim ownership of any content that is transmitted, stored, or processed in Your account. YOU RETAIN ALL OWNERSHIP OF, CONTROL OF, AND RESPONSIBILITY FOR INFORMATION PROVIDED BY YOU.
User Discussion Forums. We may, but are not obligated to, monitor or review any areas on the Site where users transmit or post non-confidential communications or communicate solely with each other, including but not limited to, chat rooms, bulletin boards or other user forums, and the content of any such communications. Our Parties, however, will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We may edit or remove content on the Site at its discretion at any time. 10. User Representations. By using the Site and its services, You represent and warrant to us that You are of legal age and able to form a binding contract with us. IF YOU CANNOT TRUTHFULLY MAKE THE ABOVE REPRESENTATION, YOU MAY NOT USE THE SITE
User Obligations. You agree that You will: a) abide by our Terms of Use as may be amended from time to time; b) provide accurate, current and complete information about You as may be prompted by any registration forms on the Site (“Registration Data”); c) maintain the security of Your password and identification; d) maintain and promptly update the Registration Data, and any other information You provide to the Site, to keep it accurate, current and complete; e) accept all risks associated with the unauthorized access to the Registration Data and any other information You provide to the Site; and f) refuse to provide any recommendation, endorsement, rating, or review of a professional with whom You have not had direct, personal experience in a professional context or as a client of such professional.
Disclosures Regarding Attorney Advertising. a) THE SITE MAY CONTAIN ADVERTISING MATERIAL OR LAWYER ADVERTISEMENTS. Some jurisdictions may consider the Site to be a form of advertising for legal services and as such may require specific disclosures. Please read this entire section carefully. b) The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements. Anyone considering a lawyer should independently investigate the lawyer's credentials and ability, and not rely upon advertisements or self-proclaimed expertise. c) We do not operate as a lawyer-advertising cooperative, lawyer referral service, prepaid legal insurance provider, or similar organization the business or activities of which include the referral of customers, members, or beneficiaries to lawyers for the performance of fee-generating legal services. d) Before You decide to hire any of the Law Firms, ask them to send You free written information about their qualifications and experience. e) No representation is made that the quality of the legal or other services to be performed by the Law Firms is greater than the quality of legal or other services performed by other lawyers or other legal professionals. Memberships and offices in legal fraternities and legal societies, technical and professional licenses, and memberships in scientific, technical and professional associations and societies of law or fields of practice do not mean that a lawyer or other legal professional is a specialist, expert, authority or is certified in a particular field of law, nor do such memberships or licenses mean that such a lawyer or legal professional is more expert or competent than any other lawyer or other legal professionals. f) A description or indication of limitation of practice does not mean that any agency or board has certified such lawyer as a specialist, expert or authority in an indicated field of law practice, nor does it mean that such lawyer is more expert or competent than any other lawyer. We urge all potential clients to make their own independent investigation and evaluation of any lawyer being considered. The fact that certain attorneys or firms concentrate their practices in the defense of bankruptcy cases (or any other field) is not meant to imply that they have gained any specific type of certification in these areas. Indeed, many states do not recognize certifications of specialties in the practice of law and explicitly state that any such certificate, award or recognition is not a requirement to practice law in those states. g) The Site may include descriptions of successful representations or lawsuits brought by the Law Firms, or other attorneys not affiliated with the Site. These descriptions are not meant to create any unjustified expectations that similar results can be obtained for others, for each case turns on its own specific factual and legal circumstances. No attorney can guarantee the success of a case and past successes even in very similar lawsuits do not mean that success in a subsequent case is guaranteed or even likely. Past success cannot be an assurance of future success because each case must be decided on its own merits. Results depend upon a variety of factors unique to each case. This Site is intended to provide useful, factual information presented in a nonsensational, objective and understandable manner. h) Except as otherwise noted on the Site the images and pictures on this Site are not meant to represent or depict actual persons or events, but rather are merely provided for illustrative purposes only. i) This Site is not intended for the purpose of advertising legal services to be performed in any state by the Law Firms unless they are specifically licensed to practice in that respective State.
Indemnity. You agree to defend, indemnify and hold harmless each of Our Parties from and against any and all claims, damages, costs and expenses, including reasonable attorneys’ fees, arising from or related to Your use or misuse of the Site and the services provided on the Site, including, without limitation, Your violation of these Terms of Use, Your infringement or that of any other subscriber or user of Your account, of any intellectual property right or other right of any person or entity. These indemnity obligations shall survive the expiration or termination for any reason of these Terms of Use.
Limitation of Access and Removal of Access. a) We make commercially reasonable efforts to maintain and provide access to its Site and services and will endeavor to provide You with advance warning of restrictions to access due to routine Site maintenance. We, at our sole discretion, however, reserves the right at any time and from time to time to modify, suspend, discontinue or terminate the Site or services or portions thereof with or without notice. You agree that We will not be liable to You or to any third party for any modification, suspension, discontinuation or termination of the Site or services. You further agree that none of Our Parties will be liable to You for the deletion or failure to store any of Your content, information, or communications on the Site. b) We are not responsible for screening or reviewing content submitted to the Site or services. We may temporarily or permanently remove any content on the Site or services at any time where we, in its sole discretion believe the content is in violation of these Terms of Use or where we are acting in compliance with the Digital Millennium Copyright Act. You are advised not to use the Site or services as the exclusive storage repository for Your content, information, or communications. We recommend that You separately store all content, information, and communications submitted to the Site and services on other secure servers or with reputable third-party hosting services.
Termination. These Terms of Use are effective until terminated by either party. If You no longer agree to be bound by these Terms of Use, You must cease use of this Site and the services. If You are dissatisfied with this Site, its content, the services offered on the Site or any of these terms, conditions, and policies, Your sole legal remedy is to discontinue using this Site. We reserve the right to terminate or suspend Your access to and use of this Site, or parts of this Site, or Your user name without notice, including, without limitation, if We believe, in our sole discretion, that such use is: (i) in violation of any applicable law; (ii) is harmful to our interests or the interests, including intellectual property or other rights, of another person or entity; or (iii) where we have reason to believe that You are in violation of these Terms of Use. Termination for any reason shall not terminate any of Your warranties or any of Your indemnification and other obligations under these Terms of Use. In the event of Termination of this agreement by us, You are prohibited from accessing the Site and its services using the identity or Registration Data of any other person.
Links to Third Party Sites and Materials. a) This Site may contain links or allow You to make use of add-ons provided by Third Party Sites. These links are provided for Your convenience and reference only. our Terms of Use and Privacy Policy do not apply to Third Party Sites. We do not control Third Party Sites and, therefore, We are not responsible for any content posted on these Third Party Sites or the activities of those who do control them. The fact that we offer such links should not be construed in any way as an endorsement, authorization, or sponsorship of any Third Party Site, its content or the companies or products referenced therein, and we reserve the right to note its lack of affiliation, sponsorship, or endorsement of Third Party Sites. If You decide to access any of the Third Party Sites linked to this Site, You do this entirely at Your own risk. Because some Third Party Sites employ automated search results or otherwise link You to other Third Party Sites containing information that may be deemed inappropriate or offensive, Our Parties cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in Third Party Sites, and You hereby irrevocably waive any claim against Our Parties with respect to Third Party Sites. b) Your correspondence or business dealings with, or participation in promotions of, members or third-party advertisers found on or through the Site, including the quality or appropriateness of the goods or services and the payment for and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. Our Parties cannot be held responsible for Your interactions with any third parties, and You agree that Our Parties shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.
Assignment and Delegation. This agreement is not assignable or transferable by You without our prior written consent. Any purported transfer without our written authorization shall be void. We may assign our rights and/or delegate its duties under this agreement in whole or in part without Your consent. Upon assignment or delegation, we shall cease to be a party hereto and shall have no further rights or duties with respect to You under this agreement to the extent its rights and obligations have been so assigned or delegated. The assignee or delegate shall assume the rights and duties transferred by us. No agency, partnership, joint venture, or employment relationship is created between us and You as a result of this agreement.
DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, OUR PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY. NONE OF OUR PARTIES MAKE ANY REPRESENTATIONS OR WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT YOUR USE OF THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO ANY OF OUR PARTIES MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICES. OUR PARTIES FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE RESULTS YOU MAY ACHIEVE ON ACCOUNT OF YOUR USE OF THE SITE AND SERVICES AND AS TO THE RESULTS YOU MAY ACHIEVE ON ACCOUNT OF ANY RELATIONSHIP YOU ELECT TO CREATE WITH A LAW FIRM. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING ANY LAW FIRM, INCLUDING, WITHOUT LIMITATION, ANY LAW FIRM’S ABILITY TO OBTAIN A FAVORABLE RESULT. NONE OF OUR PARTIES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR SERVICES OR THE INFORMATION, CONTENT, DATA, OR MATERIALS, DISPLAYED ON THE SITE AND ITS SERVICES. IN NO EVENT SHALL ANY OF OUR PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE, MISUSE OF OR INABILITY TO USE THE SITE OR SERVICES, EVEN IF OUR PARTIES OR ANY OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. YOU UNDERSTAND AND AGREE THAT ANY DATA, CONTENT, OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE, SERVICES, OR APPLICATION PROGRAMMING INTERFACES OR ANY THIRD PARTY PRODUCT ACCESSING THE SITE AND SERVICES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM(S) OR LOSS OF DATA OR BUSINESS INTERRUPTION THAT RESULTS FROM THE DOWNLOAD OF DATA, CONTENT, OR SERVICES. WE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS OR CONTENT CONTAINED, SUGGESTED OR REFERENCED IN OR APPEARING ON THE SITE. YOUR USE AND PARTICIPATION IN THE SITES AND SERVICES IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH ANY OF OUR PARTIES OR THIRD PARTIES ON THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE AND SERVICES, THAT YOUR USE OF THE SITE AND SERVICE IS AT YOUR SOLE RISK.
LIMITATIONS OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL ANY OF OUR PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITES OR SERVICES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITES OR SERVICES OR FOR ANY INFORMATION OBTAINED THROUGH THE SITES OR SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF ANY OF OUR PARTIES BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF FOR ANY REASON ANY DAMAGE WAIVER CONTAINED IN THIS AGREEMENT SHOULD PROVE UNENFORCEABLE (INCLUDING AS DESCRIBED IN THE NEXT PARAGRAPH), YOU AGREE THAT OUR TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS IN CONNECTION WITH YOUR USE OR MISUSE OF THE SITE AND THE SERVICES WILL NOT EXCEED AN AMOUNT IN EXCESS OF THE AMOUNT PAID BY YOU TO US, IF ANY. YOU AGREE AND ACKNOWLEDGE THAT THE FOREGOING LIMITATIONS ON LIABILITY ARE AN ESSENTIAL BASIS OF THE BARGAIN AND THAT WE WOULD NOT PROVIDE THE SITE OR SERVICES ABSENT SUCH LIMITATION.
Jurisdictional Exceptions. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF LIABILITIES MAY NOT APPLY TO YOU.
Notification of Possible Copyright Infringement. In accordance with the Digital Millennium Copyright Act (17 USC § 512), any notifications of claimed copyright infringement must be sent to our Designated Agent at [email protected].
Entire Agreement. These Terms of Use and our Privacy Policy, which is hereby incorporated by reference, contain the entire agreement between us and You with respect to Your use of this Site and the services offered on the Site. Any rights not expressly granted herein are reserved. To the extent the provisions of these Terms of Use conflict with the Privacy Policy, these Terms of Use shall prevail.
General. We are based in the United States. We make no claims that the data or content on its Site or its services are appropriate or may be downloaded outside of the United States. Access to the Site and services may not be legal by certain persons or in certain countries. If You access the Site from outside the United States, You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction. These Terms are governed in all respects by the laws of the State of Illinois, excluding that state’s conflicts of laws provisions. Any action or proceeding arising out of or related to these Terms of Use or Your use of the Site or services must be brought in the state or federal courts of the State of Illinois, and You consent to the exclusive personal jurisdiction and venue of such courts. Any cause of action You may have with respect to Your use of the Site or services must be commenced within one (1) year after the claim or cause of action arises. The provisions of the UN Convention on Contracts for the International Sale of Goods will not apply to these Terms of Use, and You expressly waive all rights of application or appeal, if any, to non-U.S. courts in connection with any question of law. A party may give notice to the other party only in writing at that party's principal place of business, attention of that party's principal legal officer, or at such other address or by such other method as the party shall specify in writing. Notice shall be deemed given upon personal delivery or, if sent by mail through the United States Post Office with postage prepaid, 5 business days after the date of mailing, or, if sent by domestic overnight courier service with postage prepaid, two business days after mailing, or if by international overnight courier with postage prepaid, 7 business days after the date of mailing. Where these Terms of Use provide for “Email Notice” by us, notice may also be given by us to You by email (utilizing a method of delivery that informs us whether the email was opened) to Your email address on file with us, including the email address, if any, contained on the site. If we do not have an email address for You, or if we receive a notice that the email was not delivered, for example, by “bounce back” of the email, or if after 7 days after the email was sent the service used by us to send the email indicates that the email was not opened, then we, in such instances shall again give notice using personal delivery or by mail or by international overnight courier as otherwise described in this Section
If any provision herein is held to be unenforceable, the remaining provisions will continue in full force without being affected in any way. Further, the parties agree to replace such unenforceable provision with an enforceable provision that most closely approximates the intent and economic effect of the unenforceable provision. Section headings are for reference purposes only and do not define, limit, construe or describe the scope or extent of such section. The failure of us to act with respect to a breach of these Terms of Use by You or others does not constitute a waiver and shall not limit our rights with respect to such breach or any subsequent breaches.
Third Party Beneficiaries. You acknowledge and agree that Our Parties are third-party beneficiaries of this agreement and are entitled to enforce the provisions contained in this agreement for their individual benefit.
Questions. If You have questions or comments concerning these Terms of Use, You may email us at [email protected] Support is provided in English only.
