The terms “us,” “we” or “our” refers to Noonan & Lieberman, Ltd. The terms “you” or “your” refers to the person or individual using or viewing our Website.
By using our Website, you are agreeing to comply with and be bound by the following terms and conditions of this Agreement. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to our Website and the subject matter of this Agreement.
This Agreement may be amended, at any time and from time to time, by us without specific notice to you. The latest version of the Agreement will be posted on our Website, and you should review this Agreement prior to using our Website.
The content, organization, graphics, design, compilation, digital conversion and other matters related to our Website are protected under applicable copyrights, trademarks and other intellectual property rights. The copying, redistribution, use or publication by you of any such matters or any part of the Website, except as allowed below, is strictly prohibited. You do not acquire ownership rights to any article, document or other materials viewed through our Website. The posting of information or materials on the Website does not constitute a waiver of any right in such information and materials. Some of the content on the Website may be the copyrighted work of third parties.
Limited License and Permitted Uses
You are granted a non-exclusive, non-transferable, revocable license to: (1) access and use the Website solely in accordance with this Agreement, (2) use the Website solely for internal, personal, non-commercial purposes, and (3) print out discrete information from the Website solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained in this Agreement. No print out or electronic version of any part of the Website or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
Restrictions and Prohibitions on Use
No Legal Advice or Attorney-Client Relationship
Our Website and your use thereof does not create an attorney-client relationship. Content contained on or made available through our Website is not intended to and does not constitute legal advice, recommendations or counseling under any circumstance. We do not warrant or guarantee the accurateness, completeness, adequacy or currency of the Content contained in or linked to our Website. Your use of Content on our Website is entirely at your own risk. You should not act or rely on any information on the Website without seeking the advice of a competent attorney licensed to practice in your jurisdiction for your particular problem.
Forms, Checklists, Agreements and Documents
As part of the Content, we may make available through our Website sample forms, checklists, outlines, business documents and legal documents (collectively “Documents”). All Documents are provided on a non-exclusive license basis only for your personal one-time use for non-commercial purposes, without any right to re-license, sublicense, distribute, assign or transfer such license. Documents are provided without any representations or warranties, express or implied, as to their suitability, legal effect, completeness, currentness, accuracy, and/or appropriateness. DOCUMENTS PROVIDED ON OUR WEBSITE ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITH “ALL FAULTS”, AND WE AND ANY PROVIDER OF THE DOCUMENTS DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The Documents may be inappropriate for your particular circumstances. Furthermore, state laws may require different or additional provisions to ensure the desired result. You should consult with legal counsel to determine the appropriate legal or business documents necessary for your particular transactions or matter, as the Documents are only samples and may not be applicable to a particular situation. The Content of our Website does not necessarily reflect the opinions of our clients.
Errors, Corrections and Changes
We do not represent or warrant that the Website will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Website will be correct, accurate, timely or otherwise reliable. The law is constantly changing and the information may not be complete or accurate depending on your particular legal issue. Each legal issue depends on its individual facts and different jurisdictions have different laws and regulations. We may make changes to the features, functionality or content of the Website at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Website.
Choosing an attorney is a serious matter and should not be based solely on information contained on the Website or in advertisements and may not be accomplished by sending us confidential information related to you and/or your company unless we have expressly authorized the submission of such information by written authorization. You may send us an e-mail. However, if you communicate with us in connection with a matter for which we do not already represent you, you should not send us confidential or sensitive information via e-mail because your communication will not be treated as privileged or confidential. If you communicate with us by e-mail in connection with a matter for which we already represent you, you should note that the security of Internet e-mail is uncertain. By sending sensitive or confidential e-mail messages which are not encrypted, you accept the risks of such uncertainty and possible lack of confidentiality over the Internet.
Use In Other Jurisdictions
We practice law only in jurisdictions in which we are properly authorized to do so. We do not seek to represent anyone in any jurisdiction where the Website does not comply or is in any way inconsistent with the rules governing communication of legal services in a particular state. We are unwilling to assume the representation of clients from those states where the materials do not comply with state bar requirements and where the client is generated as a result of that communication.
Statements In Compliance With Certain Bar Rules of Professional Conduct
The Supreme Court of Illinois does not recognize certifications of specialties in the practice of law and the certificate, award or recognition is not a requirement to practice law in Illinois. Some of the Content on this Website is considered attorney advertising under the applicable bar rules of certain states. The information on this Website is for general purposes only and should not be interpreted to indicate a certain result will occur in your specific legal situation. Prior results do not guarantee a similar outcome.
To the extent the state bar rules in your jurisdiction require us to designate a single attorney responsible for this Website, we designate Solomon Maman, e-mail: email@example.com.
Linking to Our Website
You may provide links to the Website, provided (1) that you do not remove or obscure, by framing or otherwise, the copyright notice or other notices on the Website, (2) your site does not engage in illegal or immoral activities, and (3) you discontinue providing links to the Website immediately upon request by us.
Third Party Content
Third party Content may appear on our Website or may be accessible via links from our Website. We are not responsible for and assume no liability for any third party Content. You understand that the information and opinions in the third party Content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.
Links to other Web Sites
To the extent our Website contains links to other web sites. We are not responsible for the content, accuracy or opinions express in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked web site on our Website does not imply approval or endorsement of the linked web site by us. If you decide to leave our Website and access these third-party web sites, you do so at your own risk.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, e-mail addresses, usage history, IP addresses and traffic information.
You agree to indemnify, defend and hold us and our partners, associates, agents, attorneys, employees, subcontractors, successors, assigns, and affiliates (collectively “Indemnified Parties”) harmless from any liability, loss, claim and expense related to your violation of this Agreement or use of the Website.
THE CONTENT FROM OR THROUGH OUR WEBSITE IS PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE CONTENT AND WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR INDEMNIFIED PARTIES HAVE NO LIABILITY WHATSOEVER, EXCEPT AS STATED IN THE LIMITATION OF LIABILITY PART OF THE AGREEMENT BELOW. IN PARTICULAR, BUT NOT AS A LIMITATION, WE AND OUR INDEMNIFIED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN US AND YOU. THIS WEBSITE AND THE CONTENT PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR CONTENT, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE WEBSITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN ANY CONTENT, INCLUDING ELECTRONIC FILE CONTAINING A DOCUMENT IS DISCLAIMED.
Limitation of Liability
We and any Indemnified Parties shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from: (1) any errors in or omissions from the Website or information obtained, (2) the unavailability or interruption of the Website or any features thereof, (3) your use of the Website, (4) the content contained on the Website, or (5) any delay or failure in performance beyond the control of an Indemnified Parties. THE AGGREGATE LIABILITY OF US AND THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE WEBSITE SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY INDEMNIFIED PARTIES.
Any legal controversy or legal claim arising out of or relating to this Agreement or the Website (excluding legal action taken by us or you to collect or recover damages for, or obtain any injunction relating to, intellectual property ownership or infringement), shall be settled solely by confidential binding arbitration in accordance with commercial arbitration rules. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Chicago, Illinois. Each party shall bear one-half of the arbitration fees and costs incurred, and each party shall bear its own attorneys’ fees.
This Agreement shall be treated as though it were executed and performed in Chicago, Illinois, and shall be governed by and construed in accordance with the laws of the State of Illinois (without regard to conflict of law principles). Any cause of action by you with respect to the Website must be instituted within six (6) months after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations on liability and disclaimer set forth in this Agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. The headings in this Agreement are included for convenience only and shall neither affect the construction or interpretation of any provision of this Agreement nor affect any of the rights or obligations of the parties to this Agreement. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed as much as possibly consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Website is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.