Horwitz, Horwitz & Associates, Ltd. PROVIDES THE HorwitzLaw.com WEBSITE AND RELATED SERVICES SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. Horwitz, Horwitz & Associates, Ltd. RESERVES ALL RIGHTS NOT EXPRESSLY GRANTED IN AND TO THE WEBSITE AND ITS CONTENT. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY:
1. GENERAL TERMS
1.1 The information on the Site is not legal advice. If you require legal advice, please speak directly with an attorney licensed in your jurisdiction.
1.2 The State Bar of Illinois does not certify any lawyer as a specialist or expert.
1.3 Please be advised that communication through the Site does not create an attorney-client relationship. An attorney-client relationship will not be created without the execution of a written agreement outlining the services to be provided by Horwitz, Horwitz & Associates, Ltd. and the fees to be charged. Do not send any sensitive, personal or confidential information to Horwitz, Horwitz & Associates, Ltd. without first establishing an attorney-client relationship or the information will not protected by the attorney-client privilege.
2. WARRANTY DISCLAIMER
2.1 THIS SITE, INCLUDING ANY CONTENT, THIRD PARTY SUBMISSIONS OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND SITE-RELATED SERVICES.
2.2 Horwitz, Horwitz & Associates, Ltd., ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
2.3 Although Horwitz, Horwitz & Associates, Ltd. attempts to ensure the integrity and accurateness of the Content, it makes no guarantees whatsoever as to the correctness or accuracy of the Site or the Content. It is possible that HorwitzLaw.com could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Horwitz, Horwitz & Associates, Ltd. so that it can be corrected.
3. WEBSITE ACCESS
3.1 You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., to access or attempt to access HorwitzLaw.com. You agree not to collect or harvest any personally identifiable information, including account names, or any of the Content, from HorwitzLaw.com, nor to use the communication systems provided by HorwitzLaw.com for any commercial solicitation or illegal or improper purposes.
3.2 Notwithstanding the foregoing, Horwitz, Horwitz & Associates, Ltd. grants the operators of recognized international public search engines, such as Google and Yahoo permission to use spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials. Horwitz, Horwitz & Associates, Ltd. reserves the right to revoke these exceptions either generally or in specific cases.
4.1 You agree to defend, indemnify and hold harmless Horwitz, Horwitz & Associates, Ltd., its affiliated companies, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
(a) your use of and access to the Horwitzlaw.com website;
(c) your violation of any third party right, including without limitation any copyright, property, or privacy right; and
(d) any claim that your use of the Site caused damage to another third party.
5. LIMITS ON THIRD PARTY SUBMISSIONS – DIGITAL MILLENNIUM COPYRIGHT ACT
5.1 You understand that when using the Horwitzlaw.com website, you will be exposed to information generated by third parties (“Third Party Submissions”) from a variety of sources, and that Horwitz, Horwitz & Associates, Ltd. is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Third Party Submissions. You further understand and acknowledge that you may be exposed to Third Party Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Horwitz, Horwitz & Associates, Ltd. with respect thereto, and agree to indemnify and hold Horwitz, Horwitz & Associates, Ltd., its owners, operators, affiliates, agents and attorneys harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
5.2 Horwitz, Horwitz & Associates, Ltd. does not endorse any Third Party Submission or any opinion, recommendation, or advice expressed therein, and Horwitz, Horwitz & Associates, Ltd. expressly disclaims any and all liability in connection with Third Party Submissions. Horwitz, Horwitz & Associates, Ltd. does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Horwitz, Horwitz & Associates, Ltd. will remove all Content and Third Party Submissions if properly notified that such Content or Third Party Submission infringes intellectual property rights. Horwitz, Horwitz & Associates, Ltd. reserves the right to remove Content and Third Party Submissions without prior notice.
5.3 Horwitz, Horwitz & Associates, Ltd. does not permit copyright infringing activities and infringement of intellectual property rights on the Site, and Horwitz, Horwitz & Associates, Ltd. will remove all Content and Third Party Submissions if properly notified that such Content or User Submission infringes intellectual property rights. Horwitz, Horwitz & Associates, Ltd. reserves the right to remove Content and Third Party Submissions without prior notice.
5.4 If you are a copyright owner or an agent thereof and believe that any Third Party Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Horwitz, Horwitz & Associates, Ltd.’s designated Copyright Agent to receive notifications of claimed infringement is:
Horwitz, Horwitz & Associates, Ltd.
Attn: Gabriel Drury
25 East Washington Street, Suite 900
Chicago, IL 60602
Fax: (312) 372-1673
Email: DMCA AGENT EMAIL
You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
5.5 Counter-Notice. If you believe that your Third Party Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your Third Party Submission, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Chicago, Illinois, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Horwitzlaw.com may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Horwitz, Horwitz & Associates, Ltd. sole discretion.
If we become aware that one of our users is a repeat copyright infringer, it is our policy to take reasonable steps within our power to terminate that user.
6. GOVERNING LAW / DISPUTES
6.1 You agree that the HorwitzLaw.com website shall be deemed solely based in the State of Illinois.
6.2 The HorwitzLaw.com website shall be deemed a passive website that does not give rise to personal jurisdiction over Horwitz, Horwitz & Associates, Ltd., either specific or general, in jurisdictions other than Illinois.
6.4 Choice of Forum and Venue. You agree that all actions or proceedings arising in connection with this Agreement or relating to the HorwitzLaw.com website shall be tried and litigated exclusively in the State and Federal courts located in the County of Cook, State of Illinois. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature, thereby precluding the possibility of litigation between the parties with respect to or arising out of this Agreement in any jurisdiction other than that specified in this paragraph. Each party hereby waives any right it may have to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph, and stipulates that the State and Federal courts located in the County of Cook, State of Illinois shall have in personam jurisdiction.
6.5 Damages: Horwitz, Horwitz & Associates, Ltd. is NOT liable for any consequential, indirect, exemplary, special or incidental damages arising from or relating to your use of the HorwitzLaw.com website (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss).
7. LEGAL NOTICE TO PICSCOUT, GETTY IMAGES, PICSCOUT CLIENTS, and CYVEILLANCE INTELLIGENCE CENTER their subsidiaries, agents, and assigns: You are prohibited from accessing this site
Legal Notice to PicScout, http://www.picscout.com/ ,Getty Images,http://www.gettyimages.com/ trading as: GYI , all other customers of PicScout, and Cyveillance Intelligence Center http://www.cyveillance.com/, and to any and all clients of Cyveillance Intelligence Center, their subsidiaries, agents, or assigns are prohibited from accessing Horwitz, Horwitz & Associates, horwitzlaw.com,
7.1 Permission for the copyright scanning robot program known as PicScout and for robots owned or operated by Cyveillance Intelligence Center, Getty Images, their subsidiaries, agents, and assigns to access this site is explicitly denied. All other robots which scan content for the purpose of any law enforcement, criminal or civil, are also denied permission to access this site at any time without a duly served warrant in accordance with the 4th Amendment of the Constitution of the United States of America and duly codified laws of the State of Illinois.
7.2 Getty Images, PicScout, and Cyveillance Intelligence Center their subsidiaries, agents, and assigns are explicitly prohibited from using any image or video that originated in a horwitzlaw.com or Horwitz, Horwitz & Associates, LTD. camera for any purpose; their use for any monetary gain by any party claiming copyright against a third party downloader from a third party web site shall be treated as a copyright violation under this Notice.
Notice concerning demands for damages originating from Getty Images, PicScout, Cyveillance Intelligence Center, or any of their subsidiaries, agents, or assigns or any other scanning robot users sending “demand notices” prior to DMCA takedown notices
As such, all payment demands SHALL BE REFUSED if any threats of legal action are ever received from Getty Images, PicScout, Cyveillance Intelligence Center, their subsidiaries, agents, or assigns or any other copyright holder demanding “damages” prior to sending DMCA takedown notifications.