Terms of Service

USER AGREEMENT

1. ACCEPTANCE OF TERMS

Law Bulletin Publishing Company (“LBPC”) provides its services to you, subject to this legally binding User Agreement, which was last modified October 1, 2008. Your use of LBPC’s websites, including but not limited to http://www.ChicagoLawyerMagazine.com and http://www.ChicagoLawyerNetwork.com, is subject to this User Agreement and constitutes your consent to all such terms, conditions, policies, and notices embodied in this User Agreement, the incorporated Privacy Policy, and any other terms of use posted on LBPC’s websites, which are incorporated herein. LBPC reserves the right to update this User Agreement from time to time and will post such updates at this location. Your use of LBPC’s websites following such changes to this User Agreement shall constitute your consent to be bound by those changes. If you do not agree to be bound by this User Agreement, cease use of LBPC’s websites.

2. RIGHT TO TERMINATE SERVICES AND/OR USE

LBPC reserves the right, at its sole discretion, with or without prior notice and without liability, to discontinue any aspect of its websites and/or to discontinue, suspend, or terminate your access to any or all of its websites and/or services at any time, for any or no reason. You agree that LBPC shall not be liable to you or to any third party for any modification, suspension, or discontinuance of its websites.

3. COPYRIGHT

LBPC posts materials (including, but not limited to, text, photographs, graphics, video and audio content) that are protected by copyright both as a collective work and individually under the copyright laws of the United States. The copyrights individually and collectively are owned by or licensed to LBPC. You must abide by these laws and by any additional copyright notices or restrictions contained on LBPC’s websites.

Just as LBPC expects you to respect its copyrights, it intends to respect the copyrights of others. If you believe in good faith that your copyrighted work has been reproduced on our site without authorization in a way that constitutes copyright infringement, you may notify our designated copyright agent under the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512 at info@chicagolawyermagazine.com. This contact information is only for suspected copyright infringement. Contact information for other matters is provided elsewhere on this site.

When notifying LBPC’s copyright agent of potential infringement, you must provide: (1) a signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, (2) identification of the allegedly infringed work or works; (3) identification of the material claimed to be infringing and that is to be removed, sufficient to allow LBPC to locate the material; (4) contact information for the complaining party, such as an address, telephone number, and e-mail address; (5) 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 (6) 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. Please also be aware that, pursuant to Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

4. TRADEMARKS

LBPC owns various trademarks, including but not limited to Chicago Daily Law Bulletin® and Chicago Lawyer®, that are used on LBPC’s websites. All other trademarks appearing on LBPC’s websites are trademarks of their respective owners and LBPC’s reference to them does not imply or indicate any approval or endorsement of or by their owners unless such approval or endorsement is expressly made. LBPC’s websites provide news and information, and references to other names and trademarks are necessary in the course of providing news and commentary about the subjects that this site covers. LBPC will enforce its intellectual property rights to the fullest extent of the law.

5. USE OF LBPC CONTENT

Except for your comments and/or other submissions to LBPC’s websites, as discussed below, or unless you receive express permission from LBPC, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, or in any way exploit the content of LBPC’s websites, except that you may download one copy of material or print one copy of material for personal interest only. You may not distribute any part of LBPC’s content over any network nor offer it for sale, nor use it for any other commercial purpose.

6. REGISTERED USERS

In order to submit comments and/or other submissions to LBPC’s websites, you must become a registered user. If you register with LBPC, you agree to provide LBPC with accurate information and to update your information to keep it accurate and current.

You become a registered user of LBPC’s websites by filling out and submitting the form(s) found on each article page and registration for the http://www.ChicagoLawyerNetwork.com Personally identifiable information you submit to LBPC is covered by LBPC’s Privacy Policy.

As a registered user, you will be solely responsible for maintaining the confidentiality of your password. You agree to immediately notify LBPC if you suspect any unauthorized use of your password or account or any other breach of security. As a registered user, you remain responsible for all statements made or materials posted under your registered user account, including liability for any harm caused by such statements or materials. You may not transfer, sell, or otherwise assign your rights or obligations under this User Agreement. Any attempt to do so will be void and may result in the cancellation of your account.

LBPC may, in its sole discretion, terminate your password, account (or any part thereof) or access to LBPC’s websites, or remove and discard any comment or other submission transmitted by you, or information stored, sent, or received via LBPC’s websites without prior notice and for any reason, including, but not limited to: (a) permitting another person or entity to use your user identification number to access LBPC’s websites, (b) any other access or use of LBPC’s websites except as expressly provided in this Agreement and these Terms of Use, (c) any violation of the terms and conditions of this User Agreement or any other term of use posted on LBPC’s websites, (d) tampering with or alteration of any of the software and/or data files contained in, or accessed through, LBPC’s websites, or (e) failure to use LBPC’s websites or portion thereof on a regular basis. You may terminate your account hereunder upon thirty (30) days written notice by you to LBPC of your intent to terminate this User Agreement. Termination, suspension, or cancellation of this User Agreement or your access rights shall not affect any right or relief to which LBPC may be entitled, at law or in equity. Upon termination of this User Agreement, all rights granted to you will automatically terminate and immediately revert to LBPC.

7. USER SUBMISSIONS

As stated in Paragraph 6, LBPC allows registered users to provide comments and/or other submissions for its websites. By submitting any comment and/or other submission to LBPC, you grant LBPC a royalty-free, irrevocable, perpetual, worldwide, exclusive, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, incorporate into other works, distribute, display, and otherwise exploit such content, in whole or in part, in any form, media, or technology now known or later developed. You further agree that any comment or submission sent or submitted by you is sent or submitted for the purpose of posting it on LBPC’s websites.

LBPC reserves the right to: (1) delete your comment or other submission at its discretion, (2) publish or not publish your comment, at its discretion, on its website, (3) retain your comment for perpetuity or to remove it at any time; or (4) otherwise utilize your comment in any manner it deems appropriate. LBPC may use such comment and/or other submission for any purpose, including but not limited to promotional and marketing purposes. LBPC is also free to use any ideas, concepts, know-how, or techniques contained in any communication in your comment or other submission for any purpose. Under no circumstances will LBPC sell your comment to any third party.

Any comments or other material sent by you to LBPC regarding the site, including without limitation questions, suggestions, criticisms, etc., shall be deemed non-confidential, non-private, and free from any claims of proprietary or personal rights unless you explicitly state in the correspondence that the comment or other correspondence is “not for publication” and “private.”

You further agree that any comment and/or other submission sent or submitted by you to LBPC’s websites: (1) does not infringe upon the copyrights, trademarks, or other intellectual property rights of any person, including the privacy and publicity rights of any person; (2) is not libelous or defamatory; (3) is not obscene, pornographic, or sexually explicit; (4) does not violate the privacy rights of another; (5) does not violate any local, state, national, or international law; (6) does not advocate illegal or violent acts; (7) does not degrade on the basis of race, gender, class, ethnicity, national origin, religion, sexual preference, disability or other classification; (8) is not predatory, hateful, or intended to intimidate or harass; (9) does not contain advertising or solicitation of any kind; and (10) does not misrepresent your identity or affiliation or impersonate another. You further certify that you have the written permission of any others who have contributed to or are featured in any content you submit, including the consent of the parent or guardian of anyone under the age of 18.

LBPC does not endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted by users of LBPC’s websites. Nor does LBPC make any warranties with respect to any comments, opinions or statements posted by users of LBPC’s websites. Any information or material posted to LBPC’s website by users, including advice and opinions, are the views and responsibility of those individual users who post the statements and do not necessarily represent the views of LBPC.

8. REPORTING OF VIOLATIONS

Any violation of the terms of this User Agreement can be reported by email at info@chicagolawyermagazine.com.

8. RIGHT TO REPUBLISH LBPC MATERIALS

To request permission to republish an article or other material on the LBPC web site or in the LBPC archives, please send an email to info@chicagolawyermagazine.com with the title, author, and date of publication and the forum in which republication is intended. LBPC reserves the right to refuse any requests for permission to republish LBPC articles or other materials for any reason, including but not limited to a lack of right to sublicense. LBPC generally will not give permission to republish for purposes of (1) sales, marketing, or promotion; (2) fund-raising; and (3) other commercial purposes.

To request permission to republish an article or other material that appeared in an LBPC print publication, including but not limited to the Chicago Daily Law Bulletin® and the Chicago Lawyer®, please contact info@chicagolawyermagazine.com.

Without requesting permission, you may post a text link only that links back to LBPC’s website. LBPC reserves, however, the right to revoke permission at any time for such text link.

10. CONTACT WITH ADVERTISERS AND OTHER WEBSITES

Your correspondence or business dealings with, or participation in promotions of, sponsors, third parties, or advertisers found on or through LBPC’s websites, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such sponsor, third party, or advertiser. You agree that LBPC shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such sponsors, third parties, or advertisers on LBPC’s websites.

LBPC’s websites may provide or include links to other websites or resources. LBPC has no control over such sites and resources, and you acknowledge and agree that LBPC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, accuracy, quality, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that LBPC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on or through any such site or resource.

11. CHILDREN ONLINE PROTECTION ACT NOTIFICATION

LBPC hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the NetSafeKids site, http://www.nap.edu/netsafekids/protect.html as well as other websites. To view information on our policy regarding the privacy of information from children under the age of 13, please read LBPC’s Privacy Policy.

12. INTERNATIONAL USERS

LBPC and its websites are controlled, operated, and administered from LBPC’s offices within the United States. LBPC makes no representation that materials available through its websites are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use LBPC’s websites or export its content in violation of U.S. export laws and regulations. If you access LBPC’s websites from a location outside the United States, you are responsible for compliance with all applicable laws.

13. WARRANTY

LBPC provides its websites “as is” and disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and noninfringement. LBPC does not guarantee that its websites will meet your requirements; that its websites will be uninterrupted, timely, or error-free; or that any errors in the software will be corrected. LBPC reserves the right to make any corrections as necessary.

LBPC also is not responsible for the availability or content of other services that may be linked to its websites and does not make any warranties, express or implied, including without limitation, those of merchantability and fitness for a particular purpose, with respect to any information or goods made available, or advertised, on or through its websites.

Further, although LBPC intends to take reasonable steps to prevent the introduction of viruses or other destructive materials, LBPC does not guarantee or warrant that its websites or materials that may be downloaded from its websites do not contain such destructive features. LBPC is not liable for any damages or harm attributable to such features. If you rely on LBPC’s or materials available through LBPC’s websites, you do so solely at your own risk.

14. INDEMNIFICATION

You agree to indemnify and hold harmless LBPC and its directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or any submission and/or other materials provided by you to LBPC that give rise to a claim by a third party. LBPC reserves the right to take over the exclusive defense of any claim for which it is entitled to indemnification under this section of the User Agreement. In such event, you agree to provide LBPC with such cooperation as is reasonably requested by LBPC.

15. NON-WAIVER

LBPC intends to exercise its rights and enforce the provisions of this User Agreement and any other terms of use posted on its websites, and any failure to do so shall not constitute a waiver of such right or provision.

16. SEVERABILITY

If any provision of this User Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision. In such event, the other provisions of this User Agreement also remain in full force and effect.

17. STATUTE OF LIMITATIONS

You agree to file any claim regarding any aspect of LBPC’s websites or this User Agreement within a year of the time in which the events giving rise to such claim began or to waive such claim.

18. CHOICE OF FORUM AND LAW

This User Agreement shall be governed by the laws of the United States and the State of Illinois. Any dispute arising from the terms of this User Agreement or breach of this User Agreement will be governed by the laws of the State of Illinois, and you agree to personal jurisdiction by the state and federal courts sitting in Chicago, Illinois. All claims brought with respect to this User Agreement shall be brought in the federal or state courts in Chicago, Illinois.

19. ENTIRE AGREEMENT

This User Agreement and any other terms and conditions of service on LBPC’s websites constitute the entire agreement between you and LBPC and govern your use of LBPC’s websites. The section titles in this User Agreement are for convenience only and have no legal or contractual effect.

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