These Website Terms and Conditions are a binding, legal agreement between Posey Law Group LLC, its subsidiaries and affiliates (collectively, “Posey Law Group LLC,” “We,” “Us”), and you governing the use of our website and our services.
BY ACCESSING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE, FROM TIME TO TIME IN OUR SOLE DISCRETION. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT USE THE WEBSITE. BY USING THIS WEBSITE, YOU CONSENT TO THESE TERMS.
ARBITRATION NOTICE: THESE TERMS AND CONDITIONS CONTAIN AN ARBITRATION CALUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND POSEY LAW GROUP LLC AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND MDG LEGAL WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1. Definitions
(i) “Dispute” means any claim, conflict, controversy, disagreement between the you and Posey Law Group LLC arising out of, or related in any way to, these Terms (or any Terms, supplement or amendment contemplated by these Terms) including, without limitation, any action in tort, contract or otherwise, at equity or at law, or any alleged breach, including, without limitation, any matter with respect to the meaning, effect, validity, performance, termination, interpretation, or enforcement of these Terms.
(ii) “Material Breach” means any breach of the material terms of these Terms upon the occurrence of which a reasonable person in the position of the non-breaching Party would wish to immediately terminate these Terms because of that breach.
(iii) “Terms” mean these Terms and Conditions as set forth below.
(iv) “Website” means the websites bearing the URL www.poseylawgroup.com, and any other websites and social media pages owned and/or operated by us.
(v) “You,” and/or “User” means the User of the Website.
2. Agreement to be Bound
The following Terms, together with the relevant information set out on this Website, including any features and services available, video and photographs, blogs, and other materials are subject to the Terms set forth below. Please read them carefully as any of use of this Website constitutes an agreement by the User to be bound. By using the Website, you represent that you are at least 18 years old (or have the consent of your parent or guardian), can form a binding, legal contract with us, have read and understand the Terms, and that you agree to be bound by these Terms. These Terms are subject to the Privacy Policy.
3. General Provisions
(i) Accuracy, Completeness and Timeliness of Information: We are not responsible if information made available on the Website is not accurate, complete, or current. You acknowledge that the Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. You acknowledge further that any reliance on the Website is at your own risk.
(ii) Errors in Web Site: We do not warrant that any errors in the Website will be corrected.
(iii) Modifications and Changes to Terms and Conditions: We may modify, add to, suspend, or delete these Terms or other agreements, in whole or in part, in our sole discretion at any time, with such modifications, additions or deletions being immediately effective upon their posting to the Website. Your use of the Website after modification, addition or deletion of these Terms shall be deemed to constitute acceptance by you of the modification, addition, or deletion.
(iv) Modifications and Changes to the Website: We may modify, add to, suspend, or delete any aspect of this Website offered by us, in whole or in part, at our sole discretion at any time, with such modifications, additions or deletions being immediately effective. Such modifications, additions or deletions may include but are not limited to content offered, hours of availability, and equipment needed for access or use.
(v) Access to Web site: Though we try to make the Web site available twenty-four (24) hours a day, seven (7) days a week, except for planned down-time for maintenance, we do not warrant that the Website will be available at all times. We do not warrant that your computer, tablet, and/or smartphone will be able to access and/or support the Website.
(vi) Right of Refusal, Limitation, Discontinuation, and Termination: We reserve the right to refuse to provide access to the Website any reason at any time in our sole and exclusive discretion.
(vii) Prohibited Uses of Website. In addition to the other restrictions on use set forth in these Terms, you agree and acknowledge that you shall not use the Website: (a) for any unlawful purpose; (b) to solicit Users to perform or participate in any unlawful acts or to engage in acts that are unrelated to the purpose(s) of the Website; (c) to violate any international, governmental, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website. We reserve the right to terminate your use of the Website for violating any of the prohibited uses or for any other reason in our sole and exclusive decision.
4. Payment.
This Website does not process credit cards or take other payment processing information. Payment processing is managed through third-party services, such as Stripe and/or PayPal. In the event you sign up for General Counsel Subscription Services, which are ongoing and incur reoccurring charges, such charges will be billed in advance of service.
5. Incorporation of Privacy Policy.
In addition to these Terms, we have also incorporated a Privacy Policy to this Agreement. Our Privacy Policy lists general information practices. Our Privacy Policy can be found in a link at the bottom of the Website.
6. Intellectual Property.
(i) Intellectual Property Rights.
a. The Posey Law Group LLC Content or Posey Law Group LLC Marks displayed on our Website or in connection with legal services provided are provided to you “AS IS”, for your information, and personal, non-commercial use only. Posey Law Group LLC Content must not be used, manipulated, copied, reproduced, transmitted, distributed, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever. This includes any use, copying, or distribution of Posey Law Group LLC Content obtained through our legal services for any commercial purpose.
b. Any content provided as a result of legal services provided by Posey Law Group LLC is owned by or is licensed to Posey Law Group LLC. This includes, but is not limited to the text, graphics, photos, and interactive features created by and for Posey Law Group LLC (collectively, “Posey Law Group LLC Content”). This also includes trademarks, service marks, and logos contained in our legal services (“Posey Law Group LLC Marks”), subject to copyright, trademark and other intellectual property rights under United States and foreign laws and international conventions. By engaging with Posey Law Group LLC, you are not granted a right or license to the Posey Law Group LLC Content or Posey Law Group LLC Marks.
c. This is an agreement for access to and use of the Website, and you are not granted a license to any software or intellectual property by these Terms. The Website is protected by U.S. and, where applicable, international intellectual property laws. The Website belongs to us and is the property of us or our licensors (if any). We retain all ownership rights in the Website.
d. Except for a single copy made for personal non-commercial use, you may not copy, reproduce, publish, transmit, transfer, sell, rent, modify, create derivative works from, distribute, repost, perform, display, or in any way commercially exploit the Posey Law Group LLC Content or Posey Law Group LLC Marks carried on the Website, nor may you infringe upon any of the copyrights or other intellectual property rights contained in the Posey Law Group LLC Content or Posey Law Group LLC Marks. You may not remove or alter, nor cause to be removed or altered, any copyright, trademark, or other proprietary notices or visual marks and logos from the Posey Law Group LLC Content or Posey Law Group LLC Marks. Any unauthorized use of Website content violates our intellectual property interests and could result in criminal or civil penalties.
e. Your may not remove, nor cause to be removed, any copyright, trademarks, or other proprietary notices or visual marks or logos from the Posey Law Group LLC Content or Posey Law Group LLC Marks. You may not archive or retain any of the Posey Law Group LLC Content or Posey Law Group LLC Marks accessed on this Website without our express written permission. All requests for archiving, republication, or retention of any part of the Posey Law Group LLC Content or Posey Law Group LLC Marks must be in writing to us and must clearly state the purpose and manner in which the Posey Law Group LLC Content or Posey Law Group LLC Marks will be used. Requests for permission to archive, retain, or republish any part of the Materials may be submitted to stephanie@poseylawgroup.com.
f. You acquire no rights or licenses whatsoever in the Posey Law Group LLC Content or Posey Law Group LLC Marks other than the limited rights to use the Website in accordance with these Terms. Any of the Posey Law Group LLC Content or Posey Law Group LLC Marks accessed or downloaded from this Website must be accessed or downloaded in accordance with the Terms specified in this Agreement. We reserve any rights not expressly granted under these Terms.
(ii) Feedback.
a. You may have the opportunity to provide reviews, suggestions, ideas, and feedback, (collectively, “Feedback”). If you so provide Feedback you grant us sole ownership of the Feedback, which includes, without limitation, the right for us or any third party we designate, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed. All such Feedback shall be treated as non-confidential.
b. If it is determined that you retain moral rights (including rights of attribution or integrity) in the content submitted by you, you declare that (1) you do not require that any personally-identifying information be used in connection with the content, or any derivative works of or upgrades or updates to the content; (2) you have no objection to the publication, use, modification, deletion and exploitation of the content by us or our licensees, successors and assigns; (3) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the content; and (4) you forever release us, and our licensees, successors and assigns, from any claims that you could otherwise assert against us by virtue of any such moral rights. You also permit any other User to access, view, store or reproduce the content for that User’s personal use.
c. Notwithstanding the foregoing paragraphs in this section, you acknowledge that your Feedback may contain concepts, ideas, materials, proposals, suggestions, and the like relating to Posey Law Group LLC or its initiatives (“Ideas”). With respect to your Ideas you acknowledge that: (1) we receive numerous submissions from many parties and/or may have independently-developed and/or considered ideas similar to your Ideas, and that our review of your Ideas is not an admission of novelty, priority or originality; and (2) our use of any ideas similar to your Ideas, whether based on your Feedback or Submissions, provided to us by third parties, or independently-developed or considered by us, shall be without obligation to you.
7. No Liability for Third Party Websites or Services.
These Terms and corresponding Privacy Policy apply to all legal services provided by Posey Law Group LLC and extend to all our Users. Services we provide may contain links to third party websites and services that are not owned or controlled by Posey Law Group LLC, and we cannot control, and will not be held responsible for, the content, privacy policies, or practices of any third-party websites or services. By using the Website and our legal services, you specifically release Posey Law Group LLC from any and all liability arising from your use of any third-party website, third party services, or interaction with any third party.
8. Term and Termination.
By using our Website, you understand and agree that Posey Law Group LLC, at its sole discretion, and with or without cause or notice to you, can terminate these Terms, your access to the Website, or suspend or block your access to the Website.
9. Warranty.
(i) You agree that use of the Website is at your sole risk. Neither us nor our affiliates nor any respective directors, officers, members, employees, contractors, parents, subsidiaries, agents, third-party content providers and licensors warrant that the use of the Website shall be uninterrupted or error free; nor do we make any warranty as to the results that may be obtained from use of the web site or as to the accuracy, reliability or content of any information provided.
(ii) Any information provided via the Website, or other products or other materials from us, without limitation, is provided on an “AS IS” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose against infringement, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to these Terms.
(iii) Although all information and materials on the Website are believed to be reliable, we make no representations, neither express nor impliedly, as to the accuracy, completeness, timeliness, or reliability of the Website.
(iv) WE DISCLAIM ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION. BY UTILIZING THE WEBSITE, YOU ACKNOWLEDGE AND AGREE TO OUR DISCLAIMER OF ANY SUCH LIABILITY. IF YOU DO NOT AGREE, YOU SHOULD NOT ACCESS OR OTHERWISE UTILIZE THE WEB SITE.
The above warranties shall survive these Terms and inure to the benefit of us and our affiliates, directors, officers, members, employees, contractors, parents, subsidiaries, agents, third-party content providers, licensors, and any purchasing person or entity in the event that we are sold, in whole or in part, and/or restructured.
10. Indemnification.
You agree to defend, indemnify, and hold harmless Posey Law Group LLC, its officers, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors from any liability, loss, claim, suit, and expense (including reasonable attorneys’ fees) arising out of or related to:
(i) your use of and/or access (or any use or access by a third party on your behalf) to the Website and/or;
(ii) your noncompliance with or breach of this Agreement;
(iii) your use of third-party services, products, links, advertisements, and/or tools;
(iv) your violations of any third-party rights, including, without limitation, third-party intellectual property rights (i.e., copyright, property, moral or privacy right);
(v) the unavailability of the Website; or
(vi) the unauthorized use of the Website by any other person using your information. This provision will survive these Terms and inure to the benefit of us and our affiliates, directors, officers, members, employees, contractors, parents, subsidiaries, agents, third-party content providers, licensors, and any purchasing person or entity in the event that we are sold, in whole or in part, and/or restructured.
11. Limitation of Liability.
(i) You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with our Website is to discontinue use of the Website.
(ii) TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL POSEY LAW GROUP LLC, ITS OFFICERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE FOR:
a. ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER POSEY LAW GROUP LLC HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE;
b. AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO POSEY LAW GROUP LLC SERVICES WILL NOT BE MORE THAN THE AMOUNTS PAID BY YOU TO POSEY LAW GROUP LLC DURING THE THREE MONTHS PRIOR TO THE DISPUTE/CLAIM.
This provision will survive these Terms and inure to the benefit of us and our affiliates, directors, officers, members, employees, contractors, parents, subsidiaries, agents, third-party content providers, licensors, and any purchasing person or entity in the event that we are sold, in whole or in part, and/or restructured.
12. Exclusions and Limitations.
Some states and/or jurisdictions do not allow the exclusion of implied warranties or for liability limitations to be placed on certain types of damages (including incidental or consequential damages). Nothing in this Terms is intended to exclude or limit any condition, warranty, right or liability that may not be lawfully excluded or limited.
13. Governing Law.
These Terms shall be governed and construed in accordance with the laws of the State of Illinois without regard to its conflicts of law provisions. You agree to submit to the personal jurisdiction of the courts located in Cook County, Illinois, and any cause of action that relates to or arises from these Terms and/or the Website must be filed in those courts unless subject to the binding arbitration provisions of Section 14.
14. Arbitration.
(i) You and Posey Law Group LLC agree that any Dispute concerning, relating, or referring to these Terms and/or the Website shall be resolved exclusively by binding arbitration in accordance with the substantive laws of the State of Illinois and shall be brought for arbitration in Cook County, Illinois, pursuant to the Rules of the American Arbitration Association. The arbitrator and not any local, federal, state, territorial, provincial, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract, including, but not limited to any claim that all or any part of this contract is void or voidable. Nothing in these Terms prevents either You or Posey Law Group LLC from seeking any interim injunction it deems necessary to preserve the status quo prior to the resolution of any Dispute, in any jurisdiction. Either or both parties may initiate the arbitration proceedings, and both shall share the expenses and fees of the arbitration equally.
(ii) The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms. This provision will survive these Terms and inure to the benefit of us and our affiliates, directors, officers, members, employees, contractors, parents, subsidiaries, agents, third-party content providers, licensors, and any purchasing person or entity in the event that we are sold, in whole or in part, and/or restructured.
15. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Posey Law Group LLC legal services, or the Terms must be submitted or filed within one (1) year after such claim or cause of action arose or be forever barred. This includes claims or causes of actions that are subject to the binding arbitration provisions of Section 14.
16. Internet Delays.
Posey Law Group LLC services may be subject to limitations, delays, and other problems that are associated with the use of the Internet and electronic communications. We are not responsible for any delays, delivery failures, or other damages resulting from these problems.
17. No Third-Party Beneficiaries.
You agree that, except as otherwise expressly provided in these Terms, there will not be third-party beneficiaries to these Terms.
18. No Agency.
You acknowledge and agree that no joint venture, partnership, employment, or agency relationship is intended or created between you and Posey Law Group LLC by these Terms.
19. Notices.
You agree that we may provide you with notices, including those regarding changes to these Terms, by posting on the Website.
20. Assignment; Binding Effect.
We may assign or transfer (whether by merger, reorganization, consolidation, Intellectual Property or otherwise) these Terms or any obligation incurred under these Terms. We may assign these Terms without your consent to a subsidiary or affiliated company that currently exists or that may be created in the future. These Terms will be binding upon and inure to the benefit of the parties and their respective successors.
21. Miscellaneous.
(i) Entire Agreement. These Terms and the Privacy Policy (including any policies, guidelines or amendments that may be presented to you from time to time) constitute the entire agreement between you and Posey Law Group LLC and govern your use of the legal services, superseding any prior agreements between you and Posey Law Group LLC for the provision of legal services.
(ii) Waiver and Severability of Terms. If any provision of these Terms is deemed illegal or unenforceable, then that provision is deemed to be removed from these Terms and the other provisions remain in full force and effect. If Posey Law Group LLC does not enforce any right or provision in these Terms, it does not create a waiver of these rights of provisions unless they are acknowledged or agreed by us in writing.
(iii) Questions or Additional Information. If you have any questions regarding Posey Law Group LLC, these Terms, our Privacy Policy, or any other additional information, please email us at stephanie@poseylawgroup.com. Use “Questions or Additional Information” in the subject line.
