Terms & Conditions
DATE LAST MODIFIED: MAY 5, 2006
This Terms of Use Agreement (this "Agreement"), which is a legal agreement between you ("you") and Infrastrategy L.L.C., doing business on a limited basis as "TotalLawyers" ("TL"), shall govern your use of and access to TL's Web site located at www.totallawyers.com (the "Web site") and all services provided by TL as described therein (the "Services"). By checking the box and clicking the "I Agree" button at the end of the this Agreement, and by accessing and/or using the Web site or Services thereafter, you (x) accept this Agreement and agree to be bound by each of its terms, and (y) represent and warrant to TL that (i) you have the authority to enter into this Agreement, (ii) this Agreement is binding and enforceable against you, and (iii) you have read and understand TL's Privacy Policy (the "Privacy Policy"), the terms of which are posted at the Web site and incorporated herein by reference, and agree to abide by the Privacy Policy. If you do not agree with any of the terms contained herein, you should click the "I do not Agree" button at the end of this Agreement and immediately cease any and all activities on the Web site and/or use of any Services.
Please read this Agreement carefully. Even if you fail to accept this Agreement as described above, by accessing the Web site and any pages thereof, you agree to be bound by the terms and conditions below. If you do not agree to these terms and conditions or anything contained in this Agreement, do not access or otherwise use the Web site.
CHANGES TO SERVICES, AGREEMENT AND/OR WEB SITE
TL may amend any part of this Agreement at any time, and the amended terms will be effective 10 days after initial posting at the Web site. In addition, TL may, without prior notice, add, delete or modify some or all of the Services and/or content available on the Web site at any time in its sole discretion. Further, TL may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics. IF ANY OF THESE RULES OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU SHOULD IMMEDIATELY DISCONTINUE USE OF THE SERVICES AND WEB SITE. YOUR CONTINUED USE OF THE SERVICES OR WEB SITE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THIS AGREEMENT, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES AND/OR MODIFICATIONS. You should review this Agreement periodically to ensure you become aware of changes which are made to this Agreement by TL from time to time.
SERVICES AND PARTIES
The Services are described within various pages of the Web site. You should review these pages to gain a better understanding of the Services and the goals behind the Web site. At a general level, TL provides links to various other web sites (each, a "Linked Website") which provide information and an opportunity to contact various attorneys. Information may be submitted by you at various portions of such web sites, which information may be forwarded, depending on the request submitted, to an attorney marketing his or her practice. You hereby agree and acknowledge that you will be subject to all terms and conditions, and any privacy policy, posted at each Linked Website. You should read and understand such terms and conditions and privacy policy prior to taking any action on any Linked Website.
TL is not a law firm and is not your agent. TL does not endorse or recommend any particular Linked Website. TL's services are administrative only. You should rely on your own judgment in deciding whether or not the services offered by a Linked Website suit your needs, goals and financial means.
TL expressly reserves the right to discontinue, suspend or terminate the offering of its services at any time. Unless expressly stated in writing, nothing contained herein shall constitute an offer or promise for any type of commitment.
TL does not charge you a fee to use its services or access the Web site. TL is also not paid any fees by Linked Websites or any other parties with which they may work.
COPYRIGHT AND TRADEMARK NOTICES
All contents of the Web site are: Copyright © 2006 Estreet IP, LLC and/or its licensors (as applicable). All rights reserved. "TotalLawyers" is a service mark of Estreet IP, LLC. Other product and company names mentioned herein or within the Web site may be the trademarks or service marks of their respective owners. To this end, you may not, without the prior, written consent of TL or the applicable copyright holder, modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the content posted at the Web site or otherwise owned by TL. This Agreement shall not be deemed to transfer from TL or any licensor to you (i) any of TL's intellectual property (including, without limitation, patents, trademarks, service marks, trade names, copyrights and licenses), technology, software programs or any related assets owned by TL, or (ii) any rights to use or license any of the foregoing except as explicitly set forth in this Agreement.
DISCLAIMERS AND LIMITATIONS
TL intends that the information contained in the Web site be accurate and reliable; however, errors sometimes occur. In addition, changes and improvements to the information provided herein or on the Web site may be made by TL at any time. THE WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS, WHERE IS AND AS AVAILABLE." TL AND/OR ITS SUPPLIERS AND/OR LICENSORS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEB SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED WITHIN OR THROUGH THE WEB SITE, INCLUDING WITHOUT LIMITATION (I) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, AND (II) AS TO THE RESULTS THAT MAY BE OBTAINED BY USE OF THE WEB SITE OR ANY OF TL'S SERVICES. USE OF THE WEB SITE AND/OR TL'S SERVICES IS AT YOUR OWN RISK. TL AND/OR ITS SUPPLIERS OR LICENSORS ARE NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEB SITE AND/OR TL'S SERVICES OR WITH THE DELAY OR INABILITY TO USE THE WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TL AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN ALL EVENTS, THE AGGREGATE LIABILITY OF TL FOR ANY REASON AND UPON ANY CAUSE OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT OF FEES PAID BY A SERVICE PROVIDER TO TL ON ACCOUNT OF YOUR SUTLISSION.
UNAVAILABILITY OF SERVICE OR WEB SITE
You are responsible, at your sole cost and expense, for providing all equipment necessary to access the Internet and the Web site. While it is TL's objective to make the Web site accessible 24 hours per day, 7 days per week, the Web site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of TL, access to the Web site and/or Services may be interrupted, suspended or terminated from time to time. YOU AGREE THAT TL SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY SUCH INTERRUPTION, SUSPENSION OR TERMINATION OF THE WEB SITE.
INDEMNITY
As a condition of use of the Web site, you agree to indemnify TL and its affiliates and licensors from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from your use of the Web site, including without limitation any claims alleging facts that if true would constitute a breach by you of this Agreement.
LINKS TO THIRD PARTIES
The Web site may contain links to web sites maintained by third parties other than the Linked Websites. Such links are provided for your convenience and reference only. TL does not operate or control in any respect any information, software, products or services available on such web sites. TL's inclusion of a link to a web site does not imply any endorsement of those services or the web site, its contents or its sponsoring organization.
ERRORS AND DELAYS
TL is not responsible for any errors or delays in responding to messages submitted by you, including, without limitation, those caused by (i) an incorrect e-mail address or telephone number provided by you, (ii) the failure of a third party to timely respond to you, or (iii) technical problems.
DISPUTE RESOLUTION
Any claim or controversy arising out of or relating to the use of the Web site, to the services provided by TL, or to any acts or omissions for which you may contend TL is liable, including but not limited to any claim or controversy as to arbitrability ("Dispute"), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of JAMS in force at that time. The arbitration shall be venued in Cook County, Illinois. The arbitrator shall be selected pursuant to the JAMS rules. Should no JAMS rule regarding the selection of an arbitrator be in effect, you shall select an arbitrator from a panel of arbitrators acceptable to TL. The costs of arbitration shall be paid by the non-prevailing party.
Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Cook County, Illinois. The arbitrator shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this Agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND TL WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable and are subject to very limited review by a court. By using the Services or accessing the Web site, you consent to these restrictions.
Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and TL, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Cook County, Illinois. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys' fees from the non-prevailing party.
DISCLOSURES SPECIFIC TO ATTORNEY ADVERTISING
THE WEB SITE MAY CONTAIN ADVERTISING MATERIAL OR LAWYER ADVERTISEMENTS
Some jurisdictions may consider the Web site to be a form of advertising for legal services and as such may require specific disclosures. Please read the following carefully:
THIS IS AN ADVERTISEMENT. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements. Anyone considering a lawyer should independently investigate the lawyer's credentials and ability, and not rely upon advertisements or self-proclaimed expertise. Hiring a lawyer is an important process that should not be based solely upon advertisements.
The attorney responsible for the content of this Site is Kevin W. Chern, Esq., 25 East Washington, Suite 510, Chicago, Illinois 60602 ("Chern").
Neither Chern nor any law firm involved with the Web site operate as a lawyer-advertising cooperative, lawyer referral service, prepaid legal insurance provider, or similar organization the business or activities of which include the referral of customers, members, or beneficiaries to lawyers for the performance of fee-generating legal services or the payment for or provision of legal services to the customers, members or beneficiaries in matters for which they do not bear ultimate responsibility.
FREE BACKGROUND INFORMATION AVAILABLE UPON REQUEST
Before you decide to hire a law firm, ask them to send you free written information about their qualifications and experience. Additional information about the lawyers or firms may also be obtained by contacting the Bar Association in the State in which such lawyers or law firms are licensed.
No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. Memberships and offices in legal fraternities and legal societies, technical and professional licenses, and memberships in scientific, technical and professional associations and societies of law or fields of practice do not mean that a lawyer is a specialist, expert, authority or is certified in a particular field of law, nor do such memberships or licenses mean that such a lawyer is more expert or competent than any other lawyer.
A description or indication of limitation of practice does not mean that any agency or board has certified such lawyer as a specialist, expert or authority in an indicated field of law practice, nor does it mean that such lawyer is more expert or competent than any other lawyer. We urge all potential clients to make their own independent investigation and evaluation of any lawyer being considered.
Except where otherwise indicated, neither Chern nor any of the law firms which may be involved with the Web site are certified by the Florida Bar Board of Legal Specialization and Education, the Texas Board of Legal Specialization ("Not Certified by the Texas Board of Legal Specialization"), or any other entity or body. The fact that certain attorneys or firms concentrate their practices in the defense of bankruptcy cases (or any other field) is not meant to imply that they have gained any specific type of certification in these areas. Indeed, many states-including Illinois-do not recognize certifications of specialties in the practice of law and explicitly state that any such certificate, award or recognition is not a requirement to practice law in those states.
ADDITIONAL STATE SPECIFIC DISCLOSURES:
Alabama
No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.
Alaska
The Alaska Bar Association does not accredit or endorse certifying organizations.
Florida
The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide to hire any attorney, ask that lawyer to send you free written information about that lawyer's qualifications and experience.
Hawaii
The supreme Court of Hawaii grants Hawaii certification only to lawyers in good standing who have successfully completed a specialty program accredited by the American Bar Association.
Illinois
The Supreme Court of Illinois does not recognize certifications of specialties in the practice of law and that the certificate, award or recognition is not a requirement to practice law in Illinois.
Iowa
The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. This disclosure is required by rule of the Supreme Court of Iowa.
Memberships and offices in legal fraternities and legal societies, technical and professional licenses, and memberships in scientific, technical and professional associations and societies of law or field of practice do not mean that a lawyer is a specialist or expert in a field of law, nor do they mean that such a lawyer is necessarily any more expert or competent than any other lawyer.
A description or indication of limitation of practice does not mean that any agency or board has certified such lawyer as a specialist or expert in an indicated field of law practice, nor does it mean that such lawyer is necessarily any more expert or competent than any other lawyer.
All potential clients are urged to make their own independent investigation and evaluation of any lawyer being considered. This notice is required by rule of the Supreme Court of Iowa.
The filing of a claim or suit solely to coerce a settlement or to harass another could be illegal and could render the person so filing liable for malicious prosecution or abuse of process.
Kansas
Any attorney listings or other information pertaining to a particular attorney or law firm on this Site constitutes a paid attorney advertisement, and do not in any way constitute a referral or endorsement by an approved or authorized lawyer referral service.
Massachusetts
If a Massachusetts lawyer holds himself or herself out as "certified" in a particular service, field or area of law by a non-governmental body, the certifying organization is a private organization, whose standards for certification are not regulated by the Commonwealth of Massachusetts.
Mississippi
Free Background information is available upon request to a Mississippi attorney.
There is no procedure in Mississippi for approving certifying or designating organizations and authorities.
Missouri
ADVERTISING MATERIAL: COMMERCIAL SOLICITATIONS ARE PERMITTED BY THE MISSOURI RULES OF PROFESSIONAL CONDUCT BUT ARE NEITHER SUTLITTED TO NOR APPROVED BY THE MISSOURI BAR OR THE SUPREME COURT OF MISSOURI. Neither the Supreme Court of Missouri nor the Missouri Bar reviews or approves certifying organizations or specialist designations.
Nevada
Neither the state bar of Nevada nor any agency of the State Bar has certified any lawyer identified here as a specialist or as an expert. Anyone considering a lawyer should independently investigate the lawyer's credentials and ability.
New Jersey
Any certification as a specialist, or any certification in a field of practice, that does not state that such certification has been granted by the Supreme Court of New Jersey or by an organization that has been approved by the American Bar Association, indicates that the certifying organization has not been approved, or has been denied approval, by the Supreme Court of New Jersey and the American Bar Association.
All attorney listings are a paid attorney advertisement, and do not in any way constitute a referral or endorsement by an approved or authorized lawyer referral service.
New Mexico
LAWYER ADVERTISEMENT
Any certification by an organization other than the New Mexico Board of Legal Specialization does not constitute recognition by the New Mexico Board of Legal Specialization, unless the lawyer is also recognized by the board as a specialist in that area of law.
Rhode Island
The Rhode Island Supreme Court licenses all lawyers in the general practice of law. The court does not license or certify any lawyer as an expert or specialist in any field of practice.
Tennessee
Certifications of Specialization are available to Tennessee lawyers in all areas of practice relating to or included in the areas of Civil Trial, Criminal Trial, Business Bankruptcy, Consumer Bankruptcy, Creditor's Rights, Medical Malpractice, Legal Malpractice, Accounting Malpractice, Elder Law, Estate Planning and Family Law. Listing of related or included practice areas herein does not constitute or imply a representation of certification of specialization.
Texas
Unless otherwise indicated, Not Certified by the Texas Board of Legal Specialization.
Washington
The Supreme Court of Washington does not recognize certification of specialties in the practice of law and that the certificate, award, or recognition is not a requirement to practice law in the State of Washington.
Wyoming
The Wyoming State Bar does not certify any lawyer as a specialist or expert. Anyone considering a lawyer should independently investigate the lawyer's credentials and ability, and not rely upon advertisements or self-proclaimed expertise.
Within the Web site, we may include descriptions of successful lawsuits brought by Chern, certain law firms, or other attorneys not affiliated with us or the Web site. These descriptions are not meant to create any unjustified expectations that similar results can be obtained for others, for each case turns on its own specific factual and legal circumstances. No attorney can guarantee the success of a case and past successes even in very similar lawsuits do not mean that success in a subsequent case is guaranteed or even likely. Past success cannot be an assurance of future success because each case must be decided on its own merits. Results depend upon a variety of factors unique to each case.
The material on the Web site is not intended to, and does not, include any advertisements for legal services that contain dramatizations, testimonials or endorsements. The Web site is intended to provide useful, factual information presented in a non-sensational, objective and understandable manner. The images and pictures on the Web site are not meant to represent or depict actual persons or events, but rather are merely provided for illustrative purposes only.
The Web site is not intended for the purpose of advertising legal services to be performed in any state solely by the law firms, unless they are specifically licensed to practice in that respective State.
To the extent that the Web site does not comply with the laws or regulations of any jurisdiction in which it may be received, the law firms do not wish to, and will not knowingly, accept legal representation based on or resulting from the use of the Site from a person located in that jurisdiction. None of the law firms wish to, or knowingly will, accept legal representation based on or resulting from the use of the Site from a person located outside the United States.
MISCELLANEOUS
This Agreement, including the Privacy Policy, constitutes the entire agreement between you and TL and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and TL with respect to the Web site and information, software, products and services associated with it. TL and you are intended to be independent contractors, and nothing in this Agreement shall be deemed to establish any relationship of partnership, joint venture, employment, franchise or agency between TL and you. This Agreement shall be subject to and construed in accordance with the laws of the State of Illinois, excluding its conflict of laws principles. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.
TL's contact information, should you need to contact TL for any reason, is:
TotalLawyers
25 East Washington, Suite 510
Chicago, IL 60602
Customer Service: (312) 753-6929
E-mail: info@totallawyers.com
