Privacy Policy

TERMS OF USE and LEGAL NOTICES

1. This Agreement

This is a legal agreement (hereinafter the "Agreement") between you (hereinafter "You" or "Your") and The Law Office of Riley N. Oncken, P.C. (hereinafter "Oncken Law") regarding Your use of this website. By using the Website, You represent and warrant that you have read and understood, and agree to be bound by, the Agreement and Oncken Law’s Privacy Policy.

By using the Website, You further represent and warrant that you are 18 years old or older and are legally able to enter into contracts under applicable law. If you do not understand this Agreement or the Privacy Policy or do not agree to their terms, you must immediately leave the website.

2. Changes

Oncken Law may at any time, without notice to you and in its sole discretion, amend this policy. Please review this policy periodically to ensure you are fully informed regarding any updates or changes. Your continued use of the Oncken Law website after any such amendments signifies your acceptance thereof. Oncken Law reserves the right, at any time and without notice, to modify or discontinue the Website. You agree that Oncken Law shall have no obligation whatsoever in connection with any modification or discontinuance of the Website.

3. Informational Purposes Only

Oncken Law hereby grants you a non-exclusive license to download , view, and display the Website, and to reproduce the content located thereon, in each case solely for Your personal, non-commercial use. THE MATERIAL ON THIS SITE IS INTENDED FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS LEGAL ADVICE. Transmission and receipt of any material or content does not constitute or create an attorney-client relationship. Website users should not act upon any information without seeking professional, legal counsel. Oncken Law expressly disclaims any and all liability with respect to actions taken or not taken based on the content of this website and your use of this website constitutes your approval and acceptance of these terms.

4. No Attorney/Client Relationship

YOUR USE OF THE WEBSITE DOES NOT CREATE AN ATTORNEY/CLIENT RELATIONSHIP BETWEEN YOU AND ONCKEN LAW. THE TRANSMISSION OF INFORMATION TO AND FROM ONCKEN LAW BY MEANS OF THE WEBSITE IS NOT AN ATTORNEY/CLIENT COMMUNICATION. Unless and until You and Oncken Law have signed a representation agreement, no attorney-client relationship exists.

Unless an attorney-client relationship exists between You and Oncken Law, You shall not represent to any third party, either directly or by implication, that You are represented by Oncken Law, or that Oncken Law is in any way involved in Your case or issue.

5. No Attorney/Client Privilege or Confidentiality

BECAUSE YOU ARE NOT A CLIENT OF ONCKEN LAW, INFORMATION PROVIDED BY YOU TO ONCKEN LAW MAY NOT BE PROTECTED BY THE ATTORNEY-CLIENT PRIVILEGE. It is possible that Oncken Law already represents, has represented, or in the future may represent, a party whose interests are adverse or contrary to Yours. In that case, Oncken Law may not be able to treat information received from You as privileged or confidential. Unless and until you and Oncken Law have signed a representation agreement, communications between you and Oncken Law may not be privileged or confidential.

6. Use of the Website

You represent and warrant that You will not use the Website to:

a. Upload or transmit content that violates the privacy, intellectual property or other proprietary rights of any third party;

b. Transmit viruses, Trojan horses, worms, malicious code or other harmful or destructive content;

c. Violate this Agreement, the Privacy Policy or any applicable law or regulation, including without limitation laws designed to regulate unsolicited email or other electronic advertising;

d. Harm the goodwill or reputation of Oncken Law or any of its clients, partners, employees, affiliates, agents, contractors or representatives;

e. Attempt to probe, scan, test or violate the security features of the Website or of any associated system or network, or to obtain unauthorized access to materials or other information stored thereon;

f. Attempt to interfere with the use of the Website by any other user.

Oncken Law reserves the right to cooperate fully in any investigation by law enforcement officials of any violation of this Agreement and will disclose information, as required to comply with such an investigation.

7. Intellectual Property

The content located on the Website is the copyrighted property of Oncken Law.  The Oncken Law name, the onckenlaw.com and rileyoncken.com domain names, and all other names and logos used by Oncken Law in connection with the offering of Oncken Law's services are the trademarks and service marks, or registered trademarks or registered service marks, of Oncken Law. Except as explicitly permitted by Oncken Law, neither Your use of the Website nor this Agreement grants You any right, title or interest in or to Oncken Law's copyrights, trademarks and service marks. Copyright © 2012-present, Riley N. Oncken.  ALL RIGHTS RESERVED.

8. DISCLAIMER OF WARRANTIES

ONCKEN LAW HEREBY DISCLAIMS ALL WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW. THE WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE." ONCKEN LAW EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. OPERATION OF THE WEBSITE MAY NOT BE UNINTERRUPTED OR ERROR FREE AND YOU ASSUME ALL RESPONSIBILITY AND LIABILITY FOR ALL HARMS, WHETHER TO YOU OR TO ANY THIRD PARTY, ARISING OR RESULTING FROM YOUR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION AS RELATE TO ANY DAMAGE TO YOUR SYSTEMS OR DATA.

9. LIMITATION OF LIABILITY

THE LIABILITY OF ONCKEN LAW IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ONCKEN LAW SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF ANY ADVICE OR NOTICE GIVEN TO ONCKEN LAW, ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE. ADDITIONALLY, THE MAXIMUM LIABILITY OF ONCKEN LAW UNDER ALL CIRCUMSTANCES WILL BE THE AMOUNT PAID BY YOU TO ONCKEN LAW IN CONSIDERATION OF YOUR USE OF THE WEBSITE OR $25, WHICHEVER IS LESS. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN ONCKEN LAW AND YOU. THE WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

10. Indemnity

You agree to defend, indemnify and hold harmless Oncken Law and its partners, employees, affiliates, agents, contractors and representatives from and against all claims, losses, costs, damages, liabilities, and expenses (including without limitation attorneys' fees) arising out of or relating to: (i) Your use of the Website; (ii) any violation by You of this Agreement; or (iii) Your submission to Oncken Law by means of the Website of incomplete, inaccurate or untimely information or other data. Oncken Law shall have the right, but not the obligation, to participate through counsel of their choice in any defense by You under this Section.

11. Choice of Law; Jurisdiction and Venue

The Website is located and operated by Oncken Law, located in Sycamore, Illinois. This Agreement shall be interpreted and enforced as though executed in DeKalb County, Illinois, and shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to conflict of law principles. THE PROPER VENUE FOR ANY JUDICIAL ACTION ARISING OUT OF OR RELATING TO THE WEBSITE OR THIS AGREEMENT WILL BE THE TWENTY-THIRD JUDICIAL CIRCUIT OF ILLINOIS, DEKALB COUNTY, OR THE FEDERAL DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS, WESTERN DIVISION. THE PARTIES HEREBY STIPULATE TO, AND AGREE TO WAIVE ANY OBJECTION TO, THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS.

12. Entire Agreement; Amendment

This Agreement constitutes the entire agreement between Oncken Law and You concerning Your use of the Website.

13. Severability; Waiver

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

14. Assignment

This Agreement and all of Your rights and obligations hereunder will not be assignable or transferable by You without the prior written consent of Oncken Law. Notwithstanding the foregoing, this Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

PRIVACY POLICY

What this Privacy Policy Covers This privacy policy covers Oncken Law's treatment of personally identifiable information collected by Oncken Law through websites owned and operated by Oncken Law. This privacy policy does not apply to the practices of companies that Oncken Law does not own or control, or of persons that Oncken Law does not employ or manage, including any third-party content contributors bound by contract and any third-party websites to which Oncken Law websites may link. Collection and Use of Personal Information You can visit the websites of Oncken Law without revealing any personal information. However, Oncken Law needs certain personal information if you wish to contact Oncken Law. Where required, this information may include your personal contact information and/or your company contact information. Oncken Law will use this information to reply to your inquiries and to provide you with requested services. By accessing the services of Oncken Law and voluntarily providing us with the requested personal information, you consent to the collection and use of the information in accordance with this privacy policy.

Collection and Use of Non-Personal Information

Oncken Law automatically receives and records non-personal information on our server logs from your browser including your IP address, cookie information and the page you requested. Oncken Law may use this information to customize the advertising and content you see and to fulfill your requests for certain services. However, Oncken Law does not connect this non-personal data to any personal information collected from you.

Information Sharing and Disclosure

Oncken Law may disclose your personal information to third parties who work on behalf of Oncken Law to provide products and services requested by you. We will share personal information for these purposes only with third parties whose privacy policies are consistent with ours or who agree to abide by our policies with respect to personal information.

Oncken Law may otherwise disclose your personal information when:

o We have your express consent to share the information for a specified purpose;

o We need to respond to subpoenas, court orders or such other legal process;

o We need to protect the personal safety of individuals or defend the rights or property of Oncken Law;

o We find that your actions on our websites violate the Oncken Law Terms of Use document or any of our usage guidelines for specific products or services.

Consent

If you do not consent to the collection, use or disclosure of your personal information as outlined in this policy, please do not provide any personal information to Oncken Law. If you have provided personal information to Oncken Law and no longer consent to its use or disclosure as outlined herein, please notify Oncken Law at onckenlaw@gmail.com.

Security

No data transmission over the Internet can be considered 100% secure. You recognize that information transmitted through this website, via e-mail, or over the internet is not secure or confidential. Oncken Law will attempt to safeguard your personal information from unauthorized access, through customary access control procedures, network firewalls and physical security measures, but its security cannot be guaranteed.

Questions or Suggestions

If you have questions or suggestions about this privacy policy, or your own personal information, please e-mail us at onckenlaw@gmail.com.