Last Updated February 16, 2018
By accessing and using the Website, whether or not to contact Firm or request its services, User hereby reads, understands, accepts, and agrees to the Agreement’s terms and conditions. Should User NOT accept the Agreement’s terms and conditions, User must neither access nor otherwise use the Website. Firm hereby reserves the right to alter the Agreement at its sole discretion and without notice. Any future amendments to the Agreement will be located at https://www.ziliak.com/legal/terms-of-use.
2. Residency and Required Age.
The Website is intended to be accessed and utilized by Users who have attained the age of majority in their respective state or province. By accessing and using the Website, User hereby represents, warrants, and affirms that User is either at least 18 years of age, an emancipated minor, or has acquired a parent or guardian’s consent. User hereby affirms that User is, at a minimum and without exception, 13 years old. The Website is not intended to be accessed or utilized by children less than 13 years of age.
THIS WEBSITE: (I) IS NOT A SUBSTITUTE FOR PROFESSIONAL LEGAL ADVICE; (II) IS NOT INTENDED TO, AND DOES NOT CREATE, ANY ATTORNEY-CLIENT RELATIONSHIP; AND (III) IS NOT A SOLICITATION TO OFFER LEGAL ADVICE. THE INTERNET IS INHERENTLY INSECURE, AND FIRM ENCOURAGES USER TO AVOID DISCLOSING ANY CONFIDENTIAL INFORMATION TO FIRM THROUGH THE WEBSITE. FIRM ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OR TIMELINESS OF ANY INFORMATION PROVIDED HEREIN.
THIS WEBSITE AND INFORMATION CONTAINED HEREIN IS FOR INFORMATIONAL PURPOSES ONLY, IS NOT LEGAL ADVICE, AND IS NOT A SUBSTITUTE FOR ACTUAL LEGAL COUNSEL. USER SHOULD NOT ACT UPON INFORMATION CONTAINED ON THIS WEBSITE WITHOUT FIRST SEEKING ACTUAL PROFESSIONAL COUNSEL. FIRM IS PROVIDING THE WEBSITE, THE INFORMATION, THE LISTINGS, AND THE LINKS CONTAINED HEREIN ONLY AS A CONVENIENCE TO USER. SOME OF THE CONTENT OF THIS SITE IS CONSIDERED ADVERTISING MATERIAL UNDER THE APPLICABLE RULES OF CERTAIN STATES AND USER UNDERSTANDS THAT PRIOR RESULTS DO NOT GUARANTEE SIMILAR OUTCOMES.
4. Proprietary Rights.
a. Ownership. All Website content, including any content User may provide to the website, is protected under international law and is owned by Firm or its licensors. All rights not expressly granted under this Agreement are reserved by Firm and Firm’s licensors.
b. Limited License. Firm hereby grants User a limited, revocable, non-exclusive, non-transferable, non-sublicenseable right to use the Website solely subject to the terms and conditions of this Agreement. User agrees not to sell, license, modify, distribute, reproduce, publicly display or perform, publish, or create derivative works from content available on the Website.
c. Termination. Any rights granted to User under the section shall immediately terminate upon User’s breach of the terms of this Agreement.
User agrees NOT to: (i) use any content or information available through the Website for any unauthorized purpose; (ii) interfere with or damage the Website including, without limitation, through the use of viruses, spyware, malware, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing, or methods that in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents; (iii) collect, store, or distribute any information about any other user other than in the course of the permitted use of the Website; (iv) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or in violation of third-party privacy rights; (v) impersonate any person, company, or entity; (vi) modify, sublicense, translate, sell, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Website or any software used on or for the Website; (vii) attempt to gain unauthorized access to the Website or its related systems or networks or (viii) assist any third-party in doing any of the foregoing.
6. Limits on Liability.
FIRM, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUCCESSORS, OR ASSIGNS (“FIRM PARTIES”) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM OR RELATING TO: (I) THE WEBSITE’S AVAILABILITY; (II) THE ACTS, OMISSIONS, OR CONDUCT OF ANY USER OR THIRD-PARTY, WHETHER ONLINE OR OFFLINE; (III) ANY WEBSITE CONTENT; (IV) ANY PRODUCTS OR INFORMATION ACQUIRED AS A RESULT OF ANY TRANSACTION ENTERED INTO THROUGH THE WEBSITE; OR (V) ANY USE OF PRODUCTS OR SERVICES MADE AVAILABLE ON ANY INTERNET RESOURCE OR WEBPAGE LINKED TO THE WEBSITE. THE FIRM PARTIES SHALL NOT BE HELD RESPONSIBLE FOR TECHNICAL MALFUNCTIONS OF ANY TELEPHONE SYSTEM, CABLE SYSTEM, COMPUTER EQUIPMENT, SERVER, PROVIDER, OR SOFTWARE. THE FIRM PARTIES SHALL NOT BE HELD RESPONSIBLE FOR ANY INJURY OR DAMAGE TO USER’S COMPUTER RESULTING FROM USE OF THE WEBSITE INCLUDING, BUT NOT LIMITED TO, WEB PAGE VIEWING, FILE DOWNLOADING, GAME SERVER USE OR ACCESS, OR FOLLOWING WEBSITE LINKS. USER ACCESSES THE WEBSITE AT USER’S OWN RISK AND IS SINGULARLY RESPONSIBLE FOR ANY LOSS, DAMAGE, OR COSTS INCURRED DURING SUCH ACTIVITY. THE FIRM PARTIES SHALL NOT BE RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE WEBSITE, REGARDLESS OF THE CAUSE OF SUCH INACCURACY. THE FIRM PARTIES SHALL NOT BE RESPONSIBLE FOR ANY CONDUCT OF ANY USER OF THE WEBSITE. THE FIRM PARTIES SHALL NOT BE RESPONSIBLE FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OPERATIONAL DELAY, COMMUNICATION LINE FAILURE, OR THEFT, DESTRUCTION, OR ALTERATION OF USER’S COMMUNICATIONS TO OR THROUGH THE WEBSITE. NO DATA OR INFORMATION OBTAINED FROM THE FIRM PARTIES SHALL CREATE ANY WARRANTY.
THE FIRM PARTIES AGGREGATE LIABILITY TO USER OR ANY THIRD-PARTY, IN ANY MATTER ARISING FROM OR RELATED TO THE WEBSITE OR THE AGREEMENT, SHALL NOT EXCEED THE SUM OF ONE HUNDRED DOLLARS ($100.00).
USER’S ACCESS OR USE OF ANY THIRD-PARTY WEBSITE OR INTERNET RESOURCE LINKED TO OR FROM THE WEBSITE, OR USER’S USE OF PRODUCTS OR SERVICES FROM THIRD-PARTY WEBSITES OR INTERNET RESOURCES LINKED TO OR FROM THE WEBSITE, IS MADE AT USER’S OWN RISK. USER HEREBY RELEASES THE FIRM PARTIES FROM ANY DAMAGES USER SUFFERS FROM USER’S ACCESS TO THIRD-PARTY WEBSITE OR INTERNET RESOURCES, AND USER AGREES NOT TO MAKE ANY CLAIMS AGAINST THE FIRM PARTIES ARISING FROM ANY PURCHASE OR ACQUISITION OF PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THE WEBSITE OR THOUGH THIRD-PARTY WEBSITES OR INTERNET RESOURCES.
THE FIRM PARTIES SHALL NOT BE LIABLE FOR ANY FAILURE OR PERFORMANCE DELAY UNDER THE AGREEMENT DUE TO CIRCUMSTANCES BEYOND THE FIRM PARTIES’ CONTROL INCLUDING, BUT NOT LIMITED TO, NATURAL CATASTROPHES, GOVERNMENTAL ACTS, LAWS OR REGULATIONS, TERRORISM, LABOR STRIKES OR DIFFICULTIES, COMMUNICATION SYSTEM INTERRUPTIONS, HARDWARE OR SOFTWARE FAILURES, TRANSPORTATION INTERRUPTIONS, OR ANY INABILITY TO ACQUIRE MATERIALS OR SUPPLIES.
7. Suspension / Termination.
Firm, in its sole and unfettered discretion, may suspend or terminate all or part of User’s access to the Website for any reason including, without limitation, User’s breach of this Agreement. User agrees that any suspension or termination of its access to the Website may be effected without prior notice, and User agrees that Firm may bar User’s subsequent access to the Website. User agrees that Firm shall not be liable to User or any third-party for any costs or damages of any kind for or resulting from any suspension or termination of User’s Website access. Firm reserves the right to block users from certain IP addresses from accessing the Website.
8. Dispute Resolution Protocol.
a. Controlling Law and Jurisdiction. This Agreement will be interpreted in accordance with the laws of the State of Illinois and the United States of America, without regard to its conflict-of-law provisions. User and Firm agree to submit to the personal jurisdiction of the Circuit Court of Cook County, Illinois or the United States District Court, Northern District of Illinois also located in Cook County, Illinois.
b. Negotiations. In the event any dispute arises, User and Firm agree to first attempt to negotiate the resolution any dispute for at least thirty (30) days before initiating any arbitration or court proceeding.
This Agreement is the entire agreement between the parties hereto, and replaces any and all prior negotiations, representations, or agreements between the parties, whether oral, electronic, or written, pertaining to the Website use outlined herein. If any provision – or portion of a provision – of this Agreement is held invalid, unenforceable, or void, the remainder of the Agreement shall remain unaffected and shall continue in full force and effect. The parties acknowledge that they have not relied on any promise, representation, or warranty, express or implied, not contained in this Agreement. No waiver or any breach of this Agreement shall be construed as a continuing waiver or consent to any subsequent breach hereof. This Agreement is not intended, and will not be construed, to render Firm, User, and/or third-parties joint venturers, or co-owners.