IMPORTANT! CAREFULLY READ THESE TERMS OF USE (THE “TERMS”), AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, AND GOVERN YOUR USE OF WWW.WMLAW.COM (the “Web Site”).  This Web Site is owned and operated by Wiedner & McAuliffe, Ltd. (“Wiedner McAuliffe” or “we”, “our”, or “us”).  You agree to these Terms by accessing this Web Site.  These Terms constitute the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to this Web Site and the subject matter of these Terms.  IF YOU DISAGREE WITH ANY OF THESE TERMS OR DO NOT AGREE TO BE BOUND BY ALL THESE TERMS, DO NOT USE THIS WEB SITE.  The Web Site and its Content (defined below) have been compiled for informational purposes only and are subject to change at any time without notice.  The latest version of these Terms will be posted on our Web Site, and you should review these Terms prior to using the Web Site.

 Purpose of this Web Site

This Web Site is purely a public resource of general information that is intended, but not guaranteed, to be correct and complete.  It is not intended to be a source of solicitation or legal advice.  Postings are not solicitations or legal advice and are for informational purposes only.  This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship.  The reader should not rely or act upon any information in this Web Site without seeking competent professional legal counsel.  If you wish Wiedner & McAuliffe to consider representing you, please contact the firm at (312) 855-1105.

To the extent that the Bar Rules in your jurisdiction require us to designate a single attorney responsible for this Web Site, we designate Paul Wiedner.  Mr. Wiedner may be reached either by phone, at (312) 855-1105.

No Legal Advice or Attorney-Client Relationship

Information contained on or made available through this Web Site is not intended to and does not constitute legal advice, recommendations, mediation or counseling under any circumstances.  Further, if you send information through this Web Site, your information will not create an attorney-client relationship and will not necessarily be treated as privileged or confidential.  Your use of any information on this Web Site or materials linked to it is done entirely at your own risk.  You should not act or rely upon any information on this Web Site without seeking the advice of a competent attorney licensed to practice in your jurisdiction for your particular problem.  The information contained herein does not necessarily reflect the opinions of our clients.  In addition, you should not send sensitive or confidential information via this Web Site.  As the Internet is not necessarily a secure environment, it is possible that information you send via the Internet might be intercepted and read by third parties.

Certain Confidentiality Issues

Choosing an attorney is a serious matter and should not be based solely on information contained on this Web Site or in advertisements and shall not be accomplished by sending us confidential information related to you and/or your company or entity unless we have expressly authorized the submission of such information by written authorization.

Ownership of Materials/License

This Web Site and all of its current and future content, such as articles, opinions, other text, directories, guides, photographs, illustrations, images, digital video and audio clips, advertising copy, as well as the trademarks, logos, domain names, trade names, service marks, trade identities and any and all copyrightable material (including source and object code) and any form of intellectual property (collectively, the “Content”) are owned by or licensed to Wiedner & McAuliffe or other authorized third parties and are protected as intellectual property or otherwise.  Except as expressly set forth in these Terms, no rights (either by implication, estoppel or otherwise) are granted to you.  You may not use the Content except as expressly set forth in these Terms.  UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE CONTENT IS STRICTLY PROHIBITED.  You may download copies of bulletins and newsletters for your personal use.  However, no printout or electronic version of any part of this Web Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.  Wiedner & McAuliffe may add, change, discontinue, remove or suspend any of the Content at any time, without notice and without liability.

Forms, Agreements and Documents

We may make available through this Web Site sample forms, checklists, 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.  THE DOCUMENTS 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.  Further, federal and state laws may require different or additional provisions to ensure your desired result.  You should consult with competent legal counsel to determine the appropriate legal or business documents necessary for your particular matter or transaction, as the Documents here are only samples and may not be applicable to your particular situation.

Third-Party Content

Third-party content may appear on the Web Site or may be accessible via one or more of the Web Site’s links.  We are not responsible for and assume no liability for any third-party content.  You understand that the information and opinions in any third-party content on this Web Site represent solely the thoughts of the content’s author and is neither endorsed by us nor necessarily reflect our belief.

Errors, Corrections and Changes

We do not represent or warrant that this Web Site will be error-free, free of viruses or other harmful components, or that defects will be corrected.  Further, we do not represent or warrant that the information available on or through this Web Site will be correct, accurate, timely or otherwise reliable.  The law is constantly changing and the information included herein 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 Site at any time.  We reserve the right to, at any time, in our sole discretion, edit or delete any documents, information or other content appearing on this Web Site

Restrictions on Use

You agree not to:

  • upload or transmit viruses, bugs, worms, Trojan horses or other harmful, disruptive or destructive files;
  • transmit or otherwise make available any content that is unlawful or infringes,  violates or misappropriates any patient, trademark, trade identity right, trade secret, publicity right, private right, copyright or any other intellectual property or any other rights of any third party;
  • post material that is false, harmful, threatening, abusive, harassing, tortuous, defamatory, libelous, disparaging (including disparaging of  Wiedner & McAuliffe), vulgar, obscene, pornographic, invasive of another’s privacy, or promotes violence, racial hatred, terrorism or illegal acts, is otherwise objectionable, or interferes with any third party’s uninterrupted use and enjoyment of the Web Site;
  • impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the Web Site or to Wiedner & McAuliffe, including forging any TCP/IP packet header or any part of the header information on any transmission to the Web Site for any reason;
  • transmit or otherwise make available through the Web Site any personal advertising, junk mail, spam, chain letters, pyramid schemes or offer for sale of any products or services, expect in areas specifically designated for such purposes; or
  • violate any applicable local, state, federal or international law, rule or regulation.

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 any person, business or other entity in any jurisdiction where this Web Site 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.

Information You Submit

Except as otherwise described in the Web Site’s posted privacy policy or other agreement on the Web Site, anything your submit to Wiedner & McAuliffe through this Web Site or otherwise (whether solicited or unsolicited), including, without limitation, any data, questions, comments or suggestions, is and will be treated as non-confidential and non-proprietary and we will not be liable for any use or disclosure.  When you submit information via the Web Site, you irrevocably grant to Wiedner & McAuliffe and its partners a non-exclusive, worldwide, royalty-free license containing, without limitation, all right, title and interest in your submissions, including, without limitation, all patents, trademarks, service marks, trade names, trade identities, copyrights, trade secrets, logos, domain names, know-how, source code and object code, mask-work rights, inventions, moral rights, author’s rights, algorithms, rights in packaging, goodwill and other intellectual property and proprietary rights whatsoever in your submissions.  You further agree that Wiedner & McAuliffe and its partners will have the unfettered right throughout the universe, in perpetuity, without any credit or compensation to you, to use, reuse, modify, alter, display, archive, publish, sub-license, perform, reproduce, disclose, transmit, broadcast, post, sell translate, create derivative works of, distribute and use for advertising, marketing, publicity and promotional purposes, an of your submissions or portions of your submissions and your name, voice, likeness and other identifying information, in any form, media, software or technology of any kind now known or developed in the future for any purposes whatsoever including, without limitation, developing, manufacturing and marketing products using your submissions or portions of your submissions.  You hereby waive any moral rights you may have in and to any of your submissions, even if such material is altered or changed in a manner not agreeable to you.  You agree and understand that Wiedner & McAuliffe and its partners are not obligated to review the information you submit through the Web Sites or otherwise, and may alternatively choose to discard your submissions without any liability whatsoever.

The Internet may be subject to breaches of security.  You should be aware that submissions over the Internet may not be secure, and you should consider this before submitting any information to Wiedner & McAuliffe.

Disclaimers/Limitations on Liability/Indemnity

THIS WEB SITE AND ALL MATERIAL CONTAINED ON IT ARE DISTRIBUTED “AS IS”, “AS AVAILABLE”, “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF ANY THIRD PARTY RIGHT, FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.  SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.  YOU MAY HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.  THIS WEB SITE MAY BE TEMPORARILY UNAVAILABLE DUE TO MAINTENANCE OR MALFUNCTION OF COMPUTER EQUIPMENT.

WIEDNER & MCAULIFFE LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE WEB SITE AS SET FORTH BELOW:

WIEDNER & MCAULIFFE IS NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER’S COMPUTER, INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.

EXCEPT WHERE PROHIBITED:  YOU AGREE THAT WIEDNER & MCAULIFFE IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, ECONOMIC, OR PUNITIVE DAMAGES), WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THIS WEB SITE) INCLUDING, WITHOUT LIMITATION, RESULTING IN ANY WAY FROM OR IN CONNECTION WITH: (1) THIS WEB SITE; (2) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY WIEDNER & MCAULIFFE OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEB SITE; (3) THE CONTENT; OR (4) ANY ERRORS OR OMISSIONS IN THE WEB SITE’S TECHNICAL OPERATION, EVEN IF WIEDNER & MCAULIFFE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THE WEB SITE MAY CONTAIN FACTS, OPINIONS, VIEWS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS.  THE WEB SITE DOES NOT REPRESENT OR ENDORSE THE ACCURACY, TIMELINESS, COMPLETENESS, OR RELIABILITY OF ANY FACTS, OPINIONS, VIEWS, STATEMENTS, RECOMMENDATIONS OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE WEB SITE.  YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH FACTS, OPINIONS, VIEWS, STATEMENTS AND/OR RECOMMENDATIONS IS AT YOUR SOLE RISK AND THAT ON THIS WEB SITE WIEDNER & MCAULIFFE DOES NOT GIVE TAX, LEGAL OR INVESTMENT ADVICE OR ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT.  IN NO EVENT WILL WIEDNER & MCAULIFFE BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY.  NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS, IN NO EVENT AND UNDER NO CIRCUMSTANCE WILL WIEDNER & MCAULIFFE BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER THAN ONE HUNDRED DOLLARS ($100).

Indemnification

By using this Web Site you agree to indemnify, defend and hold Wiedner & McAuliffe and its partners, associates, attorneys, employees, agents, subcontractors, successors, assigns and affiliates harmless from and against any actual or alleged claims, demands, causes of action, judgments, damages, losses, liabilities, and all costs and expenses of defense (including, without limitation, reasonable attorneys’ fees and court costs) arising out of or relating to:  (a) your breach of your representations; (b) your violation of these Terms or any law, rule or regulation; (c) a claim that is based upon your use of this Web Site and/or its content; or (d) any content uploaded by your or through your computer to the Web Site or otherwise sent by you to Wiedner & McAuliffe.  You will cooperate as fully and reasonably as required by Wiedner & McAuliffe in the defense of any claim.  Wiedner & McAuliffe reserves the right, as its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without the prior written consent of Wiedner & McAuliffe.

Third Parties/No Endorsement

This Web Site often provides links to third-party web sites and other resources that could be of interest to our users.  Your dealings or communications through the Web Site with any party other than Wiedner & McAuliffe are solely between you and that third party.  Third-party web sites may have different privacy policies, terms and conditions, and business practices than we do.  We do not endorse, verify, make any representations, or take responsibility for the content, truthfulness, accuracy, quality or completeness of the content or activities conducted on such web sites.  If you decide to access and use third-party web sites, you understand, acknowledge, and agree that you do so at your own risk.  You agree that WIEDNER & MCAULIFFE WILL NOT, UNDER ANY CIRCUMSTANCE, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, RESOURCES OR CONTENT AVAILABLE THROUGH SUCH THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OF OR RELIANCE ON THE CONTENT, ADVERTISING, OR BUSINESS PRACTICES OF ANY THIRD-PARTY WEB SITES.  Please review carefully a third party’s policies and practices and make sure that you are comfortable with those policies and practices before you engage in any transaction.  Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to the third party.

Reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by Wiedner & McAuliffe.  Views and opinions of users of this Web Site do not necessarily state or reflect those of Wiedner & McAuliffe.  Wiedner & McAuliffe is not responsible for the content or performance of other web sites to which this Web Site may be linked or from which this Web Site may be accessed.  Users are requested to inform Wiedner & McAuliffe of any errors of inappropriate material found on web sites to which this Web Site is or may be linked.

Linking Policy

If you link to this Web Site, we require that you follow these guidelines.  The link to this Web Site must not damage, dilute or tarnish the goodwill associated with any Wiedner & McAuliffe names or any other intellectual property, nor may the link create the false appearance that your web site and/or organization is sponsored by, endorsed by, affiliated or associated with Wiedner & McAuliffe. You agree that you will not link to the Web Site from any source that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory, or is otherwise inappropriate.  Under no circumstances may you “frame” this Web Site or alter its intellectual property or Content in any way.  Wiedner & McAuliffe reserves the right, in its sole discretion, to terminate a link with any web site that it deems inappropriate or inconsistent with the Web Site or these Terms.

Location

Wiedner & McAuliffe operates this Web Site in the United States.  Information contained on the Web Site may not be appropriate or available for use in other locations, and access to this Web Site from territories where the content of the Web Site may be illegal is prohibited.  If you access the Web Site from other locations, you do so on your own initiative and you are solely responsible for compliance with applicable laws.  These Terms shall be construed and enforced in accordance with the laws of the State of Illinois, without regard to its conflicts of law principles and specifically will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, of otherwise applicable.  Any cause of action filed by you with respect to the Terms and/or your use of this Web Site must be filed in Cook County, State of Illinois. You hereby consent and submit to the exclusive jurisdiction and venue of the courts located in the County of Cook, City of Chicago, State of Illinois for any cause of action arising under these Terms or related to the Web Site.  In addition, any cause of action by you with respect to this Web Site must be instituted within one (1) year after the cause of action arose or it will be forever waived and barred.  Our failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision.  Our rights under these Terms shall survive any termination of them.

Arbitration

Any legal controversy or legal claim arising out of or relating to these Terms or the Web Site (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 the City of Chicago, State of Illinois.  Each party shall bear one-half of the arbitration fees and costs incurred, and each party shall bear its own attorneys’ fees.

Copyright and Copyright Agent

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Wiedner & McAuliffe’s copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d)  information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our copyright agent for notice of claims of copyright infringement on or regarding this Web Sites can be reached as follows:

Paul Wiedner
Wiedner & McAuliffe, Ltd.
One North Franklin
Suite1900
Chicago, IL 60606
(312)-855-1105

Additional Terms

You agree to comply with all rules, laws, and regulations that are applicable to your use of the Web Site, including, without limitation, all applicable laws, rules, and regulations governing your transmission or use of any software or data.  If any provisions of these Terms are found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provision of these Terms, which will remain in full force and effect.  The section titles in these Terms are for your convenience only and do not have any legal or contractual effect.

You understand and agree that Wiedner & McAuliffe will determine your compliance with these Terms in its sole discretion.  Any violation of these Terms may result in restrictions on your access to all or part of the Web Site and may be referred to law enforcement authorities.  Wiedner & McAuliffe’s failure to insist upon or enforce strict performance of any provision of this agreement shall not be construed as a waiver of any provision or right.  No waiver or any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.  Wiedner & McAuliffe reserves the right, in its sole discretion, to modify or discontinue this Web Site, or any portion of the Web Site without notice to you and any third party.  Upon termination of your membership or access to the Web Site, or upon demand by Wiedner & McAuliffe, you must destroy all materials obtained from this Web Site and all related documentation.

We reserve the right, in our sole discretion, to modify, alter, or otherwise change these Terms.  We will post any changes to these Terms on this Web Site.  Your continued use of this Web Site after the posting of any change in the Terms will constitute your acceptance to be bound by any such changes.

The Effective Date of these Terms is:              October 12, 2010