Web Site Terms of Use

NOTE THAT THESE TERMS OF USE CONTAIN A LIMITATION OF OUR LIABILITY.

Agreement with Terms of Use

This website (accessible through the domain fvldlaw.com) (the “Website”), is owned and operated by Funkhouser Vegosen Liebman & Dunn Ltd., an Illinois corporation (“FVLD”). This Agreement is a legal contract between you and FVLD and applies to your use of the Website, including any information and materials therein.  Please read this Terms of Use, Disclaimer, and Copyright Notice (the “Terms of Use” or “Agreement”) carefully before you use this Website. By using this Website, you agree with the Terms of Use. If you do not agree with any of the Terms of Use of our Website, then do not use it.

Not Legal Advice or Advertising

The materials on this Website are provided for informational purposes only and are neither legal advice nor a substitute for legal advice on any issue. Nor do they constitute a legal opinion. Accessing these materials does not create an attorney-client or other confidential relationship. These materials are intended, but not promised or guaranteed, to be correct, complete, and up-to-date as of the date they were prepared, however, users should not rely upon them without receiving the advice of their lawyer. For example, the materials may, as a result of the passage of time, changes in the law or subsequent court decisions, no longer be accurate.

This Website is not intended to be a source of advertising, solicitation or legal advice. Accordingly, users should not consider the materials on this Website as an invitation for an attorney-client or other confidential relationship. Users should not act or rely upon any information contained in this Website and should always seek the advice of an attorney in their jurisdiction.

The owner of this Website, FVLD, is a law firm licensed to practice in the State of Illinois. In some jurisdictions, portions of this Website may be considered advertising. FVLD does not wish to represent anyone desiring representation based upon the viewing of any portion of this Website that does not comply with legal or ethical rules in those jurisdictions.

The transmission of an e-mail request for information does not create an attorney-client or other confidential relationship. Users should not send FVLD, via e-mail or otherwise, any information or facts relating to their legal problems or those of any other person or entity without prior written consent. While FVLD may want to hear from users, please do not send FVLD any information about any matter that may involve you or anyone else until you are requested to do so by one of this Firm’s attorneys. If you, as a user, are a client, remember that e-mail may not be secure.

FVLD makes no representation or warranty that it can obtain the same results in other legal matters as reported in cases or other matters on this Website.

No Harmful Submissions

Users shall not submit to FVLD through this Website, or by any other means, any information, data, text, images, files, links, software, chat, communication or other materials (“Content”)  that, in any way, is, or FVLD, in its sole discretion, considers to be (1) pornographic, obscene, or vulgar, (2) defamatory, libelous, or slanderous of any person or entity, (3) invasive of the privacy or publicity rights of any person or entity, (4) infringing on the intellectual property rights of any person or entity, including, without limitation, trademarks or copyrights, (5) disclosing trade secrets of any person or entity, (6) promoting or supporting illegal activity, (7) soliciting funds, good, or services, (8) hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, or (9) otherwise harmful, threatening, abusive, harassing, or injurious to any person or entity.

Further, you may not use the Website to:

  1. Violate or attempt to violate the security of the Website in any way, including, but not limited to, attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
  2. Introduce viruses, worms, Trojan horses and/or harmful code on the Internet;
  3. Display material that exploits children under 18 years of age;
  4. Impersonate any other person;
  5. Intentionally or unintentionally violate any applicable local, state, national, international or foreign law, including but not limited to any regulations having the force of law while using or accessing the Website or in connection with your use of the Website, in any manner; or
  6. Invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity.

These are some, though not all, of the activities that may result in removal of content or barring access to the Website. The final decision of whether any information, code or other material is in violation of any of these policies is at the sole discretion of FVLD. You agree that violations by you, or any person or entity acting on your behalf, of the terms of this Agreement will entitle FVLD, in addition to any other remedies including referral for criminal prosecution, to remove any content, code or other material, and take any other actions that FVLD believes are necessary to protect itself, its users, and the Website. 

Use

No part of the Website may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that users may display on their own computer, download and print a copy of the material on this Website for non-commercial, personal or educational purposes only, provided that the content is not modified and that each copy of such materials identifies the source, and bears our copyright notice and the terms of this limited license. No part of any document or content on this Website may be reproduced or transmitted for any other purpose without the prior written permission of Funkhouser Vegosen Liebman & Dunn Ltd. Requests for permission may be directed to Ms. Ana M. Parada, at [email protected].

You may also provide a link to the Website without limitation, but you may not provide any of the Website’s content or materials on another website (by copying, framing, embedding or otherwise) without FVLD’s prior written approval.

Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Website or any materials displayed or accessible on the Website, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms of Use; or (b) with the prior written permission of FVLD or such third party that may own the copyright of or other rights to the material displayed on the Website.

Ownership, Copyright, and Service Mark

This Website was created by, and is the copyrighted property of, FVLD, all rights reserved. All of the materials contained on this Website, including text, pictures, images, sounds, video clips, audio clips, illustrations, and graphics (collectively the “Material”) are either owned by FVLD or they are licensed to it and are copyrighted. FVLD and its licensors retain and reserve all proprietary rights in and to the Material. “Funkhouser Vegosen Liebman & Dunn Ltd.” and the “FVLD” logo are service marks of FVLD.

Trademarks of Others

Any product or service names or logos of others that appear on the Website are trademarks or registered trademarks of their respective owners, are used by FVLD with permission or consistent with law allowing such use, and may not be used by anyone else without consent from such owners.  FVLD does not grant you permission to use such other parties’ product or service names or logos.

No Warranty

Your use of the Website is at your own risk. The information and materials contained on the Website, including text, graphics, links or other items, are provided “as is” and “as available.” FVLD does not warrant the accuracy, adequacy, timeliness, or completeness of this information, materials, or the Website’s safety and security, and expressly disclaims liability for errors, omissions or other defects, or delays or interruptions in this information and materials, and the Website’s interoperability, unavailability, or security vulnerabilities. FVLD has no liability for any loss due to, or errors or omissions in, the information on the Website whether provided by FVLD our licensors or suppliers or other users.

Some jurisdictions may prohibit a disclaimer of warranties and you may have other rights that vary from jurisdiction to jurisdiction. 

The Website may contain links to third-party websites (“Linked Sites”). Such Linked Sites are not under FVLD’s control, and FVLD is not responsible for their content, security, functionality or any other information, product or service offered on any Linked Site.  Inclusion of a link to a Linked Site is not an indication of any partnership, affiliation endorsement or any other relationship between FVLD and the Linked Site or its owner.  For the terms of use and other policies pertaining to the Linked Sites you should review the terms of use and policies posted on the Linked Sites.

Disclaimers

FVLD may alter, suspend, or discontinue the Website at any time for any reason, without notice or cost. The Website may become unavailable due to maintenance or malfunction of computer equipment or other reasons and FVLD shall not be liable for any damage caused by such unavailability.

Indemnification

You agree to indemnify and hold harmless FVLD and its licensors and their respective officers, directors, shareholders, employees, successors and assigns from and against any and all claims, losses, damages, liabilities, costs or expenses, including reasonable attorneys’ fees, resulting directly or indirectly from your use of the Website, the information contained on the Website, any breach by you of the restrictions in this Terms of Use or breach of your agreement under this Terms of Use.

LIMITATION ON FVLD’S LIABILITY

BECAUSE THE AMOUNT OF DAMAGES FOR YOUR USE OF THE WEBSITE IS UNCERTAIN AND NOT EASILY QUANTIFIABLE, FVLD’S AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS, LOSSES, LIABILITIES OR DAMAGES IN CONNECTION WITH THIS AGREEMENT, YOUR ACCESS TO AND USE OF, OR INABILITY TO ACCESS OR USE, THE WEBSITE, WHETHER AS A RESULT OF A BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE OR PASSIVE) OR ANY OTHER CAUSE OF ACTION AT LAW OR IN EQUITY, REGARDLESS OF THE THEORY OF LIABILITY, IS LIMITED TO NO MORE THAN FIFTY DOLLARS (US $50). 

IN ADDITION, FVLD WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR LOST PROFITS, CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES. 

Miscellaneous

If any particular portion of a provision of this Terms of Use shall ever be adjudicated as invalid or unenforceable, or if the application thereof to any party or circumstance shall be adjudicated to be prohibited by or invalid under such laws or public policies, such particular portion of the provision shall be deemed amended to delete therefrom such portion so adjudicated, such deletion to apply only with respect to the operation of such portion in the particular jurisdiction so adjudicating on the parties and under the circumstances as to which so adjudicated and only to the minimum extent so required, and the parties shall be deemed to have substituted for such portion so deleted words which give the maximum scope permitted under applicable law to such provision. 

The validity, construction and enforceability of this Terms of Use shall be governed in all respects by the domestic laws of the United States and the State of Illinois applicable to agreements made and to be performed entirely in the State of Illinois, without giving effect to any choice of law, or any principles of comity, or conflict of law provision, or rule (whether of the State of Illinois or any other jurisdiction) that would cause the application of the law of any jurisdiction other than the State of Illinois, even though a user may not be a resident of that State.

You agree that any actual or threatened breach of this Terms of Use by you may be immediately restrained or enjoined by any court of competent jurisdiction, and that any temporary restraining order or emergency, preliminary, or final injunctions may be issued in any court of competent jurisdiction without notice and without bond. As used herein, the term “any court of competent jurisdiction” shall mean the state and federal courts sitting in, or with jurisdiction over actions arising in, Cook County in the state of Illinois, the jurisdiction, venue, convenience, and appropriateness of which are hereby expressly CONSENTED TO by you, all objections thereto being expressly WAIVED by you. 

This Terms of Use contains the entire understanding of FVLD and user with respect to its subject matter. Your use of this Website after FVLD modifies or amends it in any way shall constitute acceptance of such modification or amendment by you.

Policies

You shall use the Website only in compliance with FVLD’s published policies then in effect and all applicable laws and regulations.

You can view FVLD’s privacy policy for the Website here

Revisions to the Terms of Use

We may revise this Agreement from time to time. If we do, those revisions will supersede prior versions. Unless we say otherwise, revisions will be effective upon the effective date indicated at the top of this Agreement. All revisions will result in an update to the effective date of this Agreement at the top of the page. We encourage you to check the effective date of this Agreement whenever you visit FVLD’s Website. Your continued access or use of the Website constitutes your acceptance of any revisions. If you do not agree to the revisions, you should stop using the Website.

Consent to Electronic Communications 

If you provide us with your email address, and choose to receive email communications from us, you thereby consent to receiving certain electronic communications from FVLD.  If allowable under applicable law, any notices, agreements, disclosures, or other communications that FVLD is required by law to send to you in writing will be sent to you electronically, if allowed by applicable law.  If applicable law does not provide for such electronic communications to satisfy legal communication requirements, including that such communications be in writing, then by providing us with your email address and choosing to receive emails from us, you agree that such electronic communications satisfy any legal communication requirements, including that such communications be in writing.

Children

The Website is intended for use by persons age 18 and over. By using this Website you hereby represent and warrant that you are 18 years old or over.  If FVLD discovers that you are under the age of 18, FVLD reserves the right to block or otherwise prevent your future access to or use of this Website.

Contact Information

The Website is offered by FVLD, 55 W. Monroe, Suite 2300, Chicago, Illinois 60062. You may contact us by sending correspondence to the foregoing address or by emailing us at [email protected] Report misuse of the Website at [email protected].  

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