TERMS AND CONDITIONS OF USE FOR THE MCANDREWS, HELD & MALLOY, LTD. WEB SITE
(Effective November 2004)
By accessing the MCANDREWS web site, you acknowledge that you have read and accept the Terms and Conditions, exactly as if it were printed on paper and signed by you. You must immediately stop using the MCANDREWS web site if you do not agree to be bound by this Agreement in its entirety.
Existing Client Agreements
If you are a client of MCANDREWS, nothing in this Agreement supersedes any provision of your engagement letter or other agreement pertaining to your attorney-client relationship with MCANDREWS.
Changes To This Agreement
MCANDREWS may remove, amend, or replace any provision of Agreement at any time, but, if it does so, MCANDREWS will post such changes on the MCANDREWS web site before they become effective.
No Attorney-Client Relationship
No attorney-client relationship is formed based on your use of any MCANDREWS web site or any services provided through the web site. Do not send us confidential information. Any information that you provide to MCANDREWS will not be treated as confidential or proprietary information unless you have spoken to one of our attorneys and have received authorization to send us confidential information.
These materials may be considered advertising in your state. MCANDREWS does not intend to practice law in any jurisdiction where MCANDREWS does not have a licensed attorney or is not otherwise authorized by law to practice. MCANDREWS does not intend to represent anyone desiring representation based upon their review of the MCANDREWS web site in a state where the MCANDREWS web site fails to comply with all laws and ethical rules of that state.
No Legal Advice Rendered Or Offered
The materials provided on the MCANDREWS web site are provided for informational purposes only, may not reflect the current legal developments, verdicts or settlements, and as such, are not intended to be a substitute for legal counsel on any subject matter. You should not act upon this information without seeking appropriate legal or other professional advice on the particular facts and circumstances that you or your company face, and if necessary, seeking such advice from a lawyer licensed in your own state, country or other appropriate licensing jurisdiction.
Links to Third-Party Resources
The MCANDREWS web site contains links to third-party web sites and resources. MCANDREWS presents these links as a convenience to you and makes no representations or endorsements with respect to any of these web sites or resources. Third-party web sites and resources that can be accessed with hypertext links from this web site are not under the control of MCANDREWS. MCANDREWS is not responsible for any of these web sites or resources, including any privacy practices or content of such third-party web sites or resources.
Risks of Interaction On The Internet
You acknowledge and agree that electronic communications and databases are subject to errors, tampering, and other risks (such as viruses, etc.). MCANDREWS implements security precautions reasonable for a web site of its type. MCANDREWS, however, does not guarantee or warrant that such security measures will reduce or eliminate any such risk that you may encounter in connection with the MCANDREWS web site or communication on the internet in relation to the MCANDREWS web site. You agree not to aid or abet any other person in any attempt to circumvent or otherwise interfere in any way with any security precautions or measures of MCANDREWS web site, or to otherwise disrupt MCANDREWS web site or any third-party web sites and resources accessible through the MCANDREWS web site.
No Warranties Express Or Implied
Your use of the MCANDREWS web site is at your own risk. The MCANDREWS web site, and all information available on or accessed through this site, is provided “as is.” MCANDREWS makes no warranty of any kind, either express or implied, including without limitation warranties of merchant indemnity, fitness for a particular purpose or noninfringement. Under no circumstances and under no legal theory shall MCANDREWS and suppliers, or any other third party involved in creating, producing, or delivering the web site’s contents be liable to you or any other person for any indirect, special, incidental or consequential damages of any kind arising from your access to or use of the MCANDREWS web site.
MCANDREWS periodically adds, changes, improves or updates the information and documents on this web site without notice. MCANDREWS assumes no liability or responsibility for any changes, errors or omissions in the content of the MCANDREWS web site.
How To Contact Us And/Or Make User Comments
If you have any suggestions as to how to improve the MCANDREWS web site, or have any questions about this Agreement and/or your dealings with the MCANDREWS web site, you may contact us by telephoning 312-775-8000, e-mailing email@example.com, or mailing Marketing Committee, 500 West Madison, 34th Floor, Chicago, Illinois, 60661.
You agree that all comments, feedback, postcards, suggestions, ideas and other submissions disclosed or submitted to MCANDREWS regarding the web site(s) are the property of McAndrews, Held & Malloy, Ltd. You agree that MCANDREWS is free to use without restriction and without compensation to you any ideas, concepts, know-how, suggestions or techniques that you disclose or submit to MCANDREWS regarding the web site(s). MCANDREWS has no obligation to respond to any comments and reserves the right, to review, edit, remove or delete any material provided without notice.
License To Use
MCANDREWS grants you a revocable, non-transferable, non-exclusive license to download copies of articles, contact information, and other content solely for your individual or internal business use. The revocable, non-transferable, non-exclusive license granted to you does not permit you to: (1) modify, copy, distribute, broadcast, transmit, reproduce, publish, mirror, frame, license, transfer, sell or otherwise use any information or material obtained from or through the MCANDREWS web site; (2) remove any copyright notice, trademark notice or other intellectual property notice from any copy of any content, or (3) accept any consideration in exchange for any content or for services provided to any third-party using any content of the McAndrews web site. In no event will you use the MCANDREWS logo or any other trademark in any manner without McAndrews, Held & Malloy’s written consent.
Any rights not expressly granted herein are reserved.
Subject to the Commercial Use provisions below, MCANDREWS also grants you a revocable, non-transferable, non-exclusive license to include a hyperlink on your own web site to the MCANDREWS homepage. This license to include a hyperlink does not permit:
- framing any MCANDREWS web site content, or otherwise causing any MCANDREWS web site content to appear in a window, with any other material;
- deeplinking to any other page on the MCANDREWS web site;
- causing the MCANDREWS hyperlink or web site to be displayed in any way that is disparaging to McAndrews, Held & Malloy, Ltd., its attorneys, staff, vendors, or agents; or
- otherwise implying or expressing that any type of relationship or special arrangements exist between you and MCANDREWS that have not been approved in writing by McAndrews, Held & Malloy, Ltd.
You agree that you will promptly remove any hyperlink to any MCANDREWS web content upon written request from MCANDREWS to do so.
Limited, Commercial Use Of MCANDREWS Web Site Materials And Screenshots
Reproduction, copying or redistribution of all or any portion of the materials or information accessible through the MCANDREWS web site (including screen-shots of the web site) for commercial purposes is prohibited without the express written permission of McAndrews, Held & Malloy, Ltd. To obtain permission to use materials and information beyond the scope of the foregoing license or to copy portions of this site, please send an e-mail to firstname.lastname@example.org providing the details of the proposed use. We will evaluate your request and advise you as soon as possible. MCANDREWS reserves the right to refuse permission to copy, distribute, broadcast, or publish any of the copyrighted material, including text and images on our web site.
In connection with your use of the MCANDREWS web site, you agree, among other things, not to directly or indirectly:
- engage in any conduct that is unlawful, disruptive, or otherwise inappropriate;
- attempt to impersonate any other person or otherwise misrepresent your identity, qualifications, affiliations, or any other information about you;
- transmit to or from the MCANDREWS web site any material that is likely to infringe or misappropriate any patent, copyright, trademark, trade secret, or other intellectual-property right of any other person or entity;
- transmit to or from the MCANDREWS web site any information that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, hateful or invasive of the rights of any other person or entity;
- transmit to or from the MCANDREWS web site information 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;
- transmit to or from the MCANDREWS web site a virus, worm, Trojan horse or other computer code that is likely to disrupt, overload, harm, or impair the functioning of the MCANDREWS web site;
- solicit other users or post any advertisement without MCANDREWS express written consent; or
- otherwise attempt to disrupt, overload, harm, or impair the functioning of the MCANDREWS web site.
MCANDREWS provides the content on its web site solely as an accommodation to you, and MCANDREWS will not accept any risks arising from your use thereof. As such, you will indemnify, defend, and hold harmless MCANDREWS and its respective attorneys, employees, vendors, and agents, from and against any and all claims that arise from or relate to:
- MCANDREWS (or its respective partners, employees, vendors, and agents) use of any message that you transmit pertaining to any MCANDREWS page;
- your use of any MCANDREWS web site information or content; or
- your breach of any provisions of this Agreement.
INTELLECTUAL PROPERTY RIGHTS
All web site content, including, without limitation, all text, graphics, video and sounds on any page and all computer code associated therewith, are the valuable, proprietary property of McAndrews, Held & Malloy, Ltd., its licensors and contributors, and are subject to copyright, trademark, and other intellectual property protection. You acknowledge and agree that MCANDREWS has expended substantial time and effort to create its web site and its content, and MCANDREWS exclusively owns or has been licensed by third-parties to use and/or sublicense all rights, title, and interest therein and all associated information, data, databases, images, and other material. Except as expressly provided herein, MCANDREWS does not grant any express or implied right(s) to users of this site.
Please be aware that MCANDREWS actively and aggressively enforces intellectual property rights to the fullest extent of the law.
©© 2004 McAndrews, Held and Malloy, Ltd. All rights reserved. MCANDREWS claims a copyright in all proprietary and copyrightable text, graphics and computer code on this web site, the overall design of the MCANDREWS web site, and the selection, arrangement, and presentation of all materials on this site, including information in the public domain. Subject to the limited license grant provided above, MCANDREWS authorizes you to view, copy, download, and print MCANDREWS content on this web site, subject to the following conditions:
- all content must be used solely for personal, noncommercial and informational purposes; and
- no content may be modified.
The following copyright notice, or an equivalent, must appear in each MCANDREWS document viewed, copied, downloaded, and/or printed from the MCANDREWS web site: “©2004 MCANDREWS All rights reserved. MCANDREWS documents available from this web site are protected by the copyright laws of the United States and international treaties. All use is subject to conditions of use set forth at our legal disclaimer.”
All trademarks and all other names, logos and icons identifying MCANDREWS products and services are proprietary marks of McAndrews, Held & Malloy, Ltd. Other product and company names mentioned herein maybe the trademarks of other respective owners.
MCANDREWS trademarks identify MCANDREWS products and services, and serve to let the public know the source of the products and services. You may make fair use of the MCANDREWS trademarks in advertising and promotional materials and in referencing the MCANDREWS product or products without our permission, provided that you follow standard trademark usage practices and provide proper attribution. All other uses require written permission. If you are in doubt whether you need permission for a specific type of use, please contact us.
In addition, you may not use MCANDREWS trademarks, whether design or word marks, in the following ways:
- in a non-MCANDREWS name or publication title, in, as, or as part of, your own trademark;
- to identify products or services that are not McAndrews, Held & Malloy’s products or services;
- in a manner likely to cause confusion;
- in a manner that implies inaccurately that we sponsor or endorse, or are otherwise connected with, your own activities, products and services;
- as hidden or embedded text in web pages in a manner to cause a search of MCANDREWS marks to result in a hit on a page not maintained by MCANDREWS; or
- in a manner disparaging of McAndrews, Held & Malloy (or its respective partners, employees, vendors, and agents).
LIMITATION OF LIABILITY
Your use of this web site is at your own risk. The material presented on the MCANDREWS web site may not reflect the most current legal developments, verdicts or settlements. These materials may be changed, improved, or updated without notice. MCANDREWS is not responsible for any errors or omissions in the content of this site or for damages arising from the use or performance of this site under any circumstances. Except as required by any applicable law, MCANDREWS will not be liable for any direct, indirect, special, incidental, consequential, reliance, punitive, or exemplary damage, or any loss of profits, data, opportunity, savings or interest, or any penalties or assessments imposed under applicable tax laws or otherwise.
Complaints in the Digital Millennium Copyright Act
If you wish to make any complaint regarding any content on MCANDREWS web site, then please contact us at email@example.com. McAndrews, Held & Malloy’s agent for notice purposes under 17 U.S.C. § 512 is:
McAndrews, Held & Malloy
500 West Madison Street
Chicago, IL 60661
This Agreement will be governed by the laws of the State of Illinois. You agree that 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 or to the MCANDREWS web site. 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 possessing 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 the MCANDREWS web site or this Agreement.
This Agreement and any license provided herein pertaining to use of the MCANDREWS web site are personal to you and may not be assigned to any other party.
MCANDREWS will not be deemed to have waived any breach by you of this Agreement, except by written waiver from MCANDREWS so stating. Such written waiver will not be construed as a waiver of subsequent or continued breaches.
MCANDREWS will not be deemed to be in breach of this Agreement for any failure or delay of performance by reasons beyond its control.
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 affect.
This Agreement constitutes the final and complete Agreement between the parties regarding the subject matter, and supersedes any prior or contemporaneous communications, representations, or Agreements between the parties relating to the subject matter herein.