Welcome to the Markscounsel.com/Markscounsel.us web sites (also referred to as this “Site”) which are owned and operated by Eric S. Wachspress, an Attorney-at-Law licensed to practice by the laws of the state of Illinois, United States of America. This agreement contains the terms, covenants, conditions, and provisions (the “Terms and Conditions”) upon which you (also referred to herein as “User”) may access and use this Site. This site is the web site for the law practice of Eric S. Wachspress/Attorney-at-Law and Eric S. Wachspress authorizes and is solely responsible for all content displayed on it.
Terms and Conditions
By accessing, viewing or using this Site, you indicate that you understand and intend these Terms and Conditions to be the legal equivalent of a signed, written contract and equally binding, and that you accept such Terms and Conditions and agree to be legally bound by them. You represent and warrant that you are of sufficient legal age to use this Site, or agree to supervise minors who use this Site, and that you will be bound to any legal obligations that you may incur as a result of using this Site. Please note that Eric S. Wachspress reserves the right to change these Terms and Conditions under which this Site is operated. Your continued use of this Site following such modifications will be conclusively deemed acceptance of any changes to these Terms and Conditions.
Grant of License. This Agreement provides you with a personal, revocable, nonexclusive, nontransferable license to use this Site conditioned on your continued compliance with these Terms and Conditions. You are authorized to view and access a single copy of the content available on Markscounsel.com or Markscounsel.us (this “Web Site”) solely for your personal, noncommercial use. You may print and download materials and information from this Site solely for your personal and noncommercial use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. Notwithstanding the foregoing and except as otherwise expressly permitted, you may not modify, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, mirror, frame, or otherwise use any information or material obtained from or through this Site. As a further condition of use of this Site, you warrant to Eric S. Wachspress that you will not use this Site for any purpose that is unlawful or prohibited by these Terms and Conditions.
Intellectual Property Rights. All material contained on this Site, unless otherwise indicated, is protected by law including, but not limited to, United States copyright and trademark law. Except as expressly provided, Eric S. Wachspress does not grant any express or implied rights to you. The contents of this Site are “Copyright 2010-2012 Eric S. Wachspress All rights reserved.” Eric S. Wachspress also owns a copyright in this Site as a collective work and/or compilation, and in the selection, coordination, arrangement, and enhancement of this Site’s content.
Acceptable Site Use. Users are prohibited from violating or attempting to violate the security of this Site, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to this Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”, (d) sending promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Users are prohibited from using any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this site. Users are prohibited from using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than generally available third party web browsers (e.g., Firefox, Microsoft Internet Explorer, Google Chrome, Bing, Safari).
Assumption of Risk. You use the Internet solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. While Eric S. Wachspress has endeavored to create a secure and reliable Site, please be advised that the confidentiality of any communication or material transmitted to/from this Site over the Internet cannot be guaranteed. Accordingly, Eric S. Wachspress is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on this Site, or for the consequences of any reliance on such information. You assume the sole and complete risk for using this Site.
Enforcing Security. Actual or attempted unauthorized use of this Site may result in criminal and/or civil prosecution.
Links to Other Sites. Eric S. Wachspress may provide links, in his sole discretion, to other sites on the World Wide Web for your convenience in locating related information. These sites have not necessarily been reviewed by Eric S. Wachspress and are maintained by third parties over which Eric S. Wachspress exercises no control. Accordingly, Eric S. Wachspress expressly disclaims any responsibility for the content, the accuracy or currency of the information provided by these third party web sites. Moreover, these links do not imply an endorsement of any third party or any web site provided by any third party.
Events Beyond the Control of Eric S. Wachspress. You expressly absolve and release Eric S. Wachspress from any claim of harm resulting from a cause beyond his control, including, but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, acts of terror or governmental restrictions.
DISCLAIMERS: WHILE ERIC S. WACHSPRESS ENDEAVORS TO PROVIDE THE MOST ACCURATE, UP-TO-DATE CONTENT AVAILABLE, THE INFORMATION AVAILABLE ON THIS SITE MAY INCLUDE INACCURACIES. MOREOVER, ERIC S. WACHSPRESS MAY MAKE MODIFICATIONS AND/OR CHANGES TO THIS SITE OR TO THE INFORMATION AND CONSENT DISPLAYED ON THIS SITE AT ANY TIME FOR ANY REASON.
YOU ASSUME THE SOLE RISK OF MAKING USE OF AND/OR RELYING ON THE INFORMATION MADE AVAILABLE ON THIS SITE, INCLUDING BUT NOT LIMITED TO THIRD-PARTY CONTENT LINKED TO FROM THIS WEB SITE. ERIC S. WACHSPRESS MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, CURRENCY, RELIABILITY, LEGALITY IN YOUR JURISDICTION, OR ACCURACY OF THE CONTENT AND INFORMATION DISPLAYED ON THIS SITE, INCLUDING BUT NOT LIMITED TO THIRD-PARTY CONTENT LINKED TO FROM THIS WEB SITE FOR ANY PURPOSE.
IN NO EVENT SHALL ERIC S. WACHSPRESS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY CONTENT, INFORMATION OR MATERIALS DISPLAYED ON THIS SITE, OR OTHERWISE ARISING OUT OF THE UTILIZATION OF THIS SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ERIC S. WACHSPRESS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. WHERE PARTICULAR STATES OR JURISDICTIONS’ LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE TOTAL LIABILITY FOR ERIC S. WACHSPRESS FOR ANY REASON WHATSOEVER RELATED TO YOUR USE OF THIS SITE SHALL NOT EXCEED THE AMOUNT OF $100 US DOLLARS.
Indemnity: You agree to defend, indemnify, and hold harmless Eric S. Wachspress and his employees, agents, attorneys, predecessors, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from your use of this Site or any breach by you of this Agreement.
Governing Law: This Agreement has been made in and will be construed and enforced in accordance with Illinois law, as applied to agreements entered into and completely performed in Illinois. Any action to enforce this Agreement will be brought in the federal or state courts residing in Cook County, Illinois, U.S.A. and all parties to this Agreement expressly agree to be subject to the jurisdiction of such courts. This Site is controlled and operated by Eric S. Wachspress from his offices within the state of Illinois, U.S.A. Eric S. Wachspress makes no representation that materials on this Site are appropriate or available for use in other locations. If you choose to access this Site from other locations, you do so on your own volition and are responsible for compliance with any applicable local laws.
Term and Termination. This Agreement will take effect at the time you begin using this Site (thereby indicating acceptance of these Terms and Conditions). Eric S. Wachspress reserves the right at any time and for any reason to terminate this Agreement. Termination will be effective without notice.
Waiver. Failure to insist on strict performance of any of the Terms and Conditions of this Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver by Eric S. Wachspress of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
Severability. If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.