1. This Agreement
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;
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.
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.
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.
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;
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 firstname.lastname@example.org.
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.
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