1. Background

These Terms of Use (this "Agreement") are provided by the Law Firm of Dana Zivkovich Johnson P.C. (collectively, the "Practice")) and will govern your use of all websites owned or controlled by the Practice (collectively, "Firm Websites"), including all content provided on, or through access to, any Firm Website ("content").

1.1 Firm Websites. The Firm Websites include www.djohnsonlegal.com, as well as www.dzjlaw.com.

1.2 Use of Firm Websites Constitutes Acceptance. This Agreement will constitute a binding and enforceable agreement between you (individually and in your individual capacity as an employee, officer, agent, partner, etc. of each organization you represent in connection with any use of the Firm Websites) and the Practice. By using any Firm Website, you acknowledge and agree that you have fully read and agree to be bound by the provisions of this Agreement, exactly as if it were printed on paper and signed by you. If you do not agree to be bound by this Agreement in its entirety, then you must immediately stop using all Firm Websites. Although the registration process may require you to "click-through" or otherwise affirmatively agree to be bound by the provisions of this Agreement, this Agreement is binding on you by your use of any Firm Website, regardless of whether or not you choose to register.

1.3 Business or Employment Use. Where you use a Firm Website in the course of your employment or business, you enter into this Agreement both on your own behalf and in your individual capacity as an employee, officer, agent, partner, etc. of such organization which you represent, and references in this Agreement to "you" shall mean both you as the individual user of the Practice Website and you in your capacity as a representative of your organization.

1.4 Changes to this Agreement. The Practice may remove, amend or replace any provision of this Agreement at any time, but, if it does so, the Practice will notify you by posting such changes on a Firm Website before they become effective.

1.5 Client Agreements. If you are a client of the Practice, nothing in this Agreement will supercede any provision of your engagement letter, or other agreement with respect to the attorney-client relationship.

2. Disclaimer

2.1 No Legal Advice. The Firm Websites and all content are provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. Any information contained in this or any other Firm Website should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter. No recipient of content from any Firm Website (whether clients or otherwise) should act or refrain from acting on the basis of any content included in, or accessible through, this or any other Firm Website without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient's state, country or other appropriate licensing jurisdiction.

2.2 No Attorney-Client Relationship. No attorney-client relationship will be formed based on your use of any Firm Website. Information that you provide through a Firm Website will not be treated as confidential or proprietary unless the Practice expressly agrees to treat such information in such manner.

2.3 Risks of Doing Business on the Internet. You acknowledge and agree that electronic communications and databases are subject to errors, tampering and break-ins and that, notwithstanding the Practice's implementation of reasonable security precautions, the Practice does not, nor does any entity that is part of the Practice, guarantee or warrant that such events will not take place. You agree to follow all access and security procedures provided by the Practice, from time to time, and will not attempt, nor will you aid or abet any other person in any attempt, to circumvent or otherwise interfere in any way with any security precautions or measures of the Practice.

2.4 Links to Third-Party Websites. Firm Websites may include hyperlinks to third-party websites. Except with respect to other Firm Websites, the Practice is not, nor is any entity that is part of the Practice, responsible for, and makes no representations or endorsements with respect to, any such website, or with respect to any product or service that may be provided by or through such websites. You should be aware that such websites, products or services may be provided subject to privacy policies, acceptable use policies or other terms of use that differ substantially from the provisions of this Agreement, and you should consult such terms of use before using such websites, products or services.

2.6 NO WARRANTIES. THE PRACTICE PROVIDES THE FIRM WEBSITES AND ALL CONTENT AND SERVICES SOLELY ON AN "AS-IS/AS-AVAILABLE" BASIS. SAVE TO THE EXTENT REQUIRED BY ANY MANDATORY APPLICABLE LAW, NONE OF THE FIRM WEBSITES, CONTENT OR SERVICES ARE SUBJECT TO ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT. THE PRACTICE DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY CONTENT OR SERVICES. IN ADDITION, THE PRACTICE DOES NOT GUARANTEE THAT PROVISION OF ANY FIRM WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY SERVICE WILL CONTINUE TO BE AVAILABLE.

3. Acceptable Use Policy

3.1 Courtesy and Common Sense. Participation in online interaction with other users of Firm Websites should be governed by the same rules of courtesy and common sense as face-to-face interactions with other people who may share different opinions.

3.2 Unacceptable Behavior. You will not (nor will you aid or abet any third party to):

a. upload, post, e-mail or otherwise transmit to a Firm Website any material that is:

i. 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;

ii. unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, defamatory, hateful or invasive of the rights of any other person or entity;

iii. likely to infringe or misappropriate any patent, copyright, trademark, trade secret or other intellectual-property right of any other person or entity; or,

iv. a virus, worm or Trojan horse, or any other computer code that is likely to disrupt, overload, harm or impair the functioning of any Firm Website;

b. attempt to impersonate any other person, or otherwise misrepresent your identity, qualifications, affiliations or any other information about you;

d. attempt to disrupt, overload, harm or impair the functioning of any Firm Website; or,

e. engage in any conduct that is unlawful, disruptive or otherwise inappropriate.

3.4 Downloading Content. The Practice grants you a revocable, nontransferable, nonexclusive license to download copies of articles, contact information and other content, solely for your individual or internal business use; provided, that you do not: (a) remove any copyright notice, trademark notice or other intellectual property notice from any copy of any content, or (b) accept any consideration in exchange for any content, or for services provided using any content (including legal services) to any third party.

3.5 Links to Practice Websites. The Practice grants you a revocable, nontransferable, nonexclusive license to include a hyperlink on your own website to the home page of any Firm Website; provided, that you do not: (a) "deep link" to any other page of any Firm Website, (b) "frame" any Firm Website or any content, or otherwise cause any Firm Website or any content to appear in a window with any other material, (c) cause the hyperlink or the Firm Website to be displayed in any way that is disparaging to the Practice or (d) otherwise imply or state that any type of relationship or special arrangements exist with the Practice that have not been approved in writing by the Practice. You agree that you will promptly remove any hyperlink to any Firm Website upon written request from the Practice to do so. In no event will you use the Practice's logo or any other trademark as a hyperlink "button" or in any manner without the Practice's express written consent. 

3.6 Indemnification. The Practice provides the Firm Websites and content solely as an accommodation to you, and the Practice will not accept any risks arising from your use thereof. As such, you will indemnify, defend and hold harmless the Practice and their respective partners, employees, vendors and agents, from and against any and all claims that arise from or relate to: (a) your use of any Firm Website or content; (b) the Practice's use of any information or other material that you upload or send to any Firm Website; or (c) your breach of any provision of this Agreement.

4. Privacy Policy

4.1 Your Privacy. The Practice is committed to the protection of your privacy, and will treat all of the information you provide through any Firm Website, including your registration information, with the utmost respect. The Practice works diligently to ensure that it has taken all appropriate administrative and technical measures to prevent the unauthorized or unlawful use of your personally identifiable information, and to prevent any accidental loss or destruction of, or damage to, such information. The Practice will not sell or disclose personally identifiable information about you to unaffiliated third parties except in accordance with this Article 4 (this "Privacy Policy"). 

4.2 Collection of Information.

a. As with many websites, the Firm Websites collect certain information about visitors, even when they are not logged in. The Practice may record your IP address, the URLs of the websites and pages you visit (before, during and after your visit to any Firm Website), the times and dates of such visits, information about the computer hardware and software you use and other information that may be available. Also, the Practice may place "cookies" on your computer to recognize you on return visits to enable the Practice to enhance your browsing experience, as well as to collect additional information about you. You may adjust your browser settings or use other means to prevent cookies from being placed on your computer, but doing so may result in reduced functionality and a less personalized browsing experience.

b. During registration and at other times when you visit Firm Websites, the Practice may ask you to provide certain additional information about yourself, including your name, contact information, the organization you come from and certain other information that the Practice may use to identify you. If you choose not to provide such information, you may not be permitted to access certain Firm Websites or certain content.

4.3 Use of Information.

a. The Practice uses the information that it collects about you to improve your browsing experience by personalizing the Firm Websites to your interest, and also to help the Practice select content and Services that you may find interesting and useful. Information about the Content you visit you use may be used alone or in conjunction with information collected from other users to help the Practice tailor the Firm Websites and its other products and services to better suit the needs and interests of you and other users.

b. Information that you provide may also be used as part of the Practice's effort to keep you informed about events, special offers and selected products and services that may be of interest to you. In some cases, the Practice may contact you with information from carefully selected third parties, but the Practice will not provide information to third parties for such purposes.

c. The Practice reserves the right to disclose any information that it obtains through any Firm Website to appropriate governmental or regulatory authorities, if required by law or any governmental agency.

4.4 Transfers of Information.

a. From time to time, the Practice may disclose information about you to carefully selected service providers that the Practice may engage to host Firm Websites or to provide other services. The Practice will require all such service providers to use the information solely to provide the specified services, and otherwise to conform to the requirements of this Privacy Policy. Except as provided in this Privacy Policy, the Practice will not provide your information to third parties for any other purpose, including marketing.

b. Information that the Practice collects may be stored and processed in and transferred between any state in which the Practice has offices in order to enable the Practice to use the information as set out in this Privacy Policy. If you are in the European Union, information which you provide may be transferred to countries (including the United States) which do not have data protection laws equivalent to those in force in the European Union. You expressly agree to such transfers. The Practice will respect and protect your privacy as set out in this Privacy Policy. 

5. Intellectual Property

5.1 Practice Content. All of the content, including, without limitation, all text, graphics, video and sounds on any Firm Website, and all computer code associated therewith, are the valuable proprietary property of the Practice, its licensors and contributors, and are subject to copyright, trademark and other intellectual property protection. You acknowledge and agree that the Practice has expended substantial time and effort to create each Firm Website and the content provided through each Firm Website, and that the Practice exclusively owns or has been licensed by third parties to use and sublicense all rights, title and interest therein and all associated information, data, databases, images and other material.

5.2 Complaints and Digital Millennium Copyright Act. If you wish to make any complaint regarding any content then please contact us at web@djohnsonlegal.com.

5.3 License to Use Your Postings. With respect to any material that you transmit to a Firm Website, you hereby grant to the Practice a perpetual, irrevocable, nonexclusive, royalty-free license to use, copy and publish such material on a Firm Website and elsewhere; provided, that the Practice will adhere to the provisions of the Privacy Policy with respect to your personally identifiable information. 

6. Limitations of Liability

6.1 NO LIABILITY FOR DAMAGES. EXCEPT AS REQUIRED BY ANY APPLICABLE MANDATORY LAW, IN NO EVENT WILL THE PRACTICE OR ANY OF ITS OFFICERS, EMPLOYEES, VENDORS OR AGENTS, BE LIABLE WITH RESPECT TO THIS AGREEMENT, ANY FIRM WEBSITE OR ANY CONTENT FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, RELIANCE, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY LOSS OF PROFITS, DATA, OPPORTUNITY, SAVINGS OR INTEREST, OR ANY PENALTIES OR ASSESSMENTS IMPOSED UNDER APPLICABLE TAX LAWS OR OTHERWISE, EVEN IF THE PRACTICE OR ANY OF ITS OFFICERS, EMPLOYEES, VENDORS OR AGENTS HAS BEEN ADVISED OF THE LIKELIHOOD THEREOF.

6.2 AGGREGATE LIABILITY. EXCEPT AS REQUIRED BY ANY APPLICABLE MANDATORY LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE PRACTICE OR ANY OF ITS OFFICERS, EMPLOYEES, VENDORS AND AGENTS WITH RESPECT TO ALL CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT, ALL FIRM WEBSITES AND ALL CONTENT EXCEED AN AMOUNT EQUAL TO ONE HUNDRED UNITED STATES DOLLARS.

6.3 MANDATORY APPLICABLE LAWS. CLAUSES 6.1 AND 6.2 SHALL NOT APPLY TO THE EXTENT THAT ANY LIABILITY MAY NOT BE EXCLUDED UNDER APPLICABLE MANDATORY LAWS. THE EXTENT OF THIS EXCEPTION WILL DEPEND ON THE COUNTRY IN WHICH YOU RESIDE AND THE CAPACITY IN WHICH YOU USE THE FIRM WEBSITES. 

7. Miscellaneous

7.1 Jurisdiction. This Agreement will be governed by the laws of the State of Illinois, without regard to its rules of conflict of laws. 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 a Firm Website. 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 having 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 this Agreement.

7.2 Assignment. Your rights and obligations under this Agreement are personal to you and may not be assigned to any other party.

7.3 Force Majeure. The Practice will not be deemed to be in breach of this Agreement for any failure or delay in performance caused by reasons beyond its reasonable control, including any natural calamity, act of God or a public enemy, act of any military, civil or regulatory authority, change in any law or regulation, disruption or outage of communications, power or other, failure to perform by any supplier or other third party, or any other cause beyond the reasonable control of the Practice.

7.4 Waiver. The Practice will not be deemed to have waived any breach by you of this Agreement, except by a written waiver expressly so stating, and such waiver will not be construed as a waiver of subsequent or continued breaches.

7.5 Severability. 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 effect. 

7.6 Complete Understanding. This Agreement constitutes the final and complete agreement between the parties regarding the subject matter hereof, and supersedes any prior or contemporaneous communications, representations or agreements between the parties relating to the subject matter hereof.

8. Attorney Advertising

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