I. Use Of This Website Means Acceptance Of These Terms
By viewing, using, or otherwise interacting with this Website, or any materials available for download from such Website, you agree to be bound by these Terms. If you do not agree to any of these Terms, please do not continue to use the Website.
This Website, including its functions, is owned and operated by the Association of Foreclosure Defense Attorneys, organized as a not for profit, Illinois corporation (“AFDA” or “we” or “us” or a similar designation). All right, title and interest in and to the materials displayed, published, downloaded, or otherwise provided on or by the Website or through the AFDA, including but not limited to information, documents, logos, graphics, sounds, images, and other content (collectively, the “Materials”) are owned by the AFDA or by its respective third-party licensors except with respect to certain content submitted to this Website via Member Activities and/or as otherwise described below. Except as otherwise expressly permitted by the AFDA in writing, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted, or distributed in any way and nothing on the Website shall be construed to confer any license to such effect or to any of the AFDA’s intellectual property rights in the Materials or the Website, whether by estoppel, course of dealing, or otherwise. Please contact the AFDA by email if you have any questions about obtaining a license to use the Materials for any purpose other than as expressly permitted by these Terms. Any rights not expressly granted herein are reserved by the AFDA.
We may revise these Terms (“Revised Terms”) at any time without notice to you by posting Revised Terms on the Website. Such Revised Terms shall be effective as to all use of the Website, including with respect to existing registered user (“Member”) accounts (“Accounts”). Revised Terms shall be effective upon posting, and your sole remedy should you disagree with any Revised Terms shall be to cease to use the Website. If you have any questions about any Revised Terms, please contact the AFDA by email.
You further agree that the AFDA may (but has no obligation to) in its sole discretion, without notice other than republication on the Website: (i) modify from time to time the design and functionality of the Website and all services we offer; (ii) edit, modify, or remove certain Materials; or (iii) otherwise modify or remove any content, service, feature, or other aspect of the Website or the Materials.
IV. Member Activities & Posted Information
(a) Prohibited Activities: You may not engage in any activities (the “Prohibited Activities”) which are malicious, intrusive, invasive, illegal, and/or infringing, or in violation of these Terms, including but not limited to: (i) mining for email addresses or other contact information; (ii) sending or posting unsolicited marketing or sales solicitations or spam; (iii) contacting anyone with whom you do not have a preexisting relationship (other than as participants in the ordinary course of using this Website); (iv) impersonating another person or entity; (v) misrepresenting your role with any organization; (vi) attempting to discern the log-in credentials or Account information of another Member; (vii) threatening, harassing, intimidating, or embarrassing another Member; (viii) selling or distributing email addresses or other contact information except with the owners’ express consent; (ix) submitting or posting any unlawful, tortious, harassing, abusive, fraudulent, misleading, infringing, obscene, defamatory, or otherwise inappropriate content (in the sole discretion of the AFDA); (x) distributing malicious technologies such as viruses, malware, spyware, or adware; (xi) perpetrating hoaxes or pyramid schemes; (xii) encouraging unlawful or inappropriate behavior; (xiii) posting the intellectual property owned by another without permission; (xiv) interfering with another’s use or enjoyment of this Website; (xv) submitting or posting any comments or content of any kind that, in the sole discretion of the AFDA, in bad taste or which may be contrary to the purposes for which the Website is provided; (xvi) attempting to hack, trespass, or acquire unauthorized access to any portion of this Website, including but not limited to any servers, networks, third-party hosts, and/or comparable equipment in connection thereto; (xvii) attempting to interrupt this Website’s normal functionality, including but not limited to a distributed denial-of-service attack or related, disruptive interactions; and/or (xviii) establishing any replica of any portion of this Website without the express, written consent of the AFDA, including but not limited to “phishing” or “pharming” sites.
(b) AFDA’s Editorial Rights: The AFDA may modify, redact, and/or delete any and all content submitted to the Website by any users—including, without limitation, content that does not fall within the specific description of “Prohibited Activities” as set forth above.
(c) Prerequisites To Your Submissions:
i. We do not want you to submit confidential, proprietary, and/or infringing information to this Website or to us. All comments, feedback, information or material submitted to the AFDA shall be considered non-confidential and may be used by the AFDA for any purpose, without further compensation to you. Such submissions may become publicly available, and you waive all moral or personality rights associated therewith.
ii. Before you submit any information to this Website, you agree to take reasonable measures to verify that such information is true, inoffensive, and non-infringing upon the intellectual property rights of third-parties. You further agree to indemnify the AFDA for any claims, losses, expenses (including reasonable attorney’s fees and expenses) and other damages suffered as a result of your violating this subsection.
(d) AFDA’s Use Of Your Content: By submitting any information or materials to the AFDA, you hereby assign to the AFDA, at no charge, all worldwide right, title and interest in and to the submissions and any intellectual property rights associated therewith.
V. Termination Of Use
The AFDA reserves the right to terminate any Account or any person’s access to the Website at any time, for any reason, and without notice.
VI. Applicable Law and Venue
These Terms and your rights and obligations with respect to your use of the Website or the Materials shall be governed by and interpreted in accordance with the laws of the State of Illinois, excluding its choice of law rules.
Any legal action relating to these Terms or the Website, must be instituted in a state or federal court of competent jurisdiction in Cook County, Illinois, provided that actions for specific performance or injunctive relief, or to enforce a judgment may be brought where necessary, and we each agree to personal jurisdiction and exclusive venue in Cook County, Illinois.
VII. NO WARRANTIES
THIS WEBSITE AND ALL MATERIALS PROVIDED THEREON ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE AFDA DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ALL RISK OF USE OF THE WEBSITE, AND/OR USE OF THE MATERIALS IS WITH YOU.
THE AFDA MAKES NO WARRANTY THAT: (A) THE WEBSITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE WEBSITE OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS OR FROM ALL AREAS OR JURISDICTIONS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, OR ANY MATERIALS OFFERED THROUGH THE WEBSITE, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.
ANY MATERIALS OBTAINED THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK. THE AFDA SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR EQUIPMENT OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE WEBSITE OR THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
VIII. LIMITATIONS OF LIABILITY & DISCLAIMERS
THE COMMENTS AND MATERIALS ARE FOR INFORMATIONAL PURPOSES AND DO NOT CONSTITUTE ANY LEGAL OR OTHER PROFESSIONAL ADVICE. THE INFORMATION PROVIDED HERE IS PUBLICLY AVAILABLE ELSEWHERE ON THE INTERNET. YOU SHOULD CONTACT YOUR ATTORNEY TO OBTAIN ADVICE WITH RESPECT TO ANY SPECIFIC ISSUE, PROBLEM, OR QUESTION. THE OPINIONS EXPRESSED AT OR THROUGH THIS SITE ARE THE OPINIONS OF THE INDIVIDUAL AUTHOR AND MAY NOT REFLECT THE OPINIONS OF THE FIRM OR ANY INDIVIDUAL ATTORNEY.
NO ATTORNEY-CLIENT RELATIONSHIP BETWEEN YOU AND THE AFDA ARISES FROM YOUR USE OF THIS WEBSITE AND/OR ANY ACTIONS YOU TAKE IN RELIANCE UPON ANY MATERIALS POSTED ON THIS WEBSITE
ANY MATERIALS POSTED ON THIS WEBSITE SHOULD NOT BE USED AS A SUBSTITUTE FOR LEGAL ADVICE. FURTHERMORE, ANY MATERIALS POSTED ON THIS WEBSITE MAY NOT APPLY TO YOU SINCE THE APPLICATION OF THE LAW TO THE CIRCUMSTANCES OF A GIVEN MATTER IS EXTREMELY FACT SPECIFIC, AND THEREFORE TYPICALLY VARIES ON A CASE-BY-CASE BASIS. CONSEQUENTLY, IF YOU HAVE A LEGAL ISSUE, YOU SHOULD IMMEDIATELY CONTACT A LICENSED ATTORNEY IN YOUR STATE RATHER THAN RELY UPON THE CONTENT POSTED ON THIS WEBSITE.
THE INFORMATION YOU RECEIVE THROUGH THIS WEBSITE MAY NOT BE APPROPRIATE AND/OR SATISFACTORY FOR YOUR USE AS SET FORTH ABOVE, AND YOU SHOULD VERIFY ANY AND ALL INFORMATION BEFORE RELYING UPON THE SAME. ANY ACTIONS AND/OR DECISIONS MADE BY YOU BASED UPON ANY MATERIALS CONTAINED ON THIS WEBSITE ARE YOUR SOLE RESPONSIBILITY, AND THE AFDA DISCLAIMS ANY AND ALL LIABILITY ASSOCIATED WITH THE SAME.
EXCEPT AS EXPRESSLY PROVIDED HEREIN OR ON THE WEBSITE, THE AFDA SHALL NOT BE LIABLE FOR ANY REFUNDS, DIRECT DAMAGES, COVER DAMAGES, OR THE COST OF SUBSTITUTE SERVICES. IN NO EVENT SHALL THE AFDA, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISED AND REGARDLESS OF LEGAL THEORY (WHETHER CONTRACT, TORT, PROPERTY OR OTHERWISE), OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE WEBSITE OR MATERIALS AVAILABLE FROM THE WEBSITE, EVEN IF THE AFDA HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
THE ABOVE LIMITATIONS ARE MATERIAL AND OF THE ESSENCE WITH RESPECT TO THE AFDA’S MAKING THE WEBSITE AND THE MATERIALS AVAILABLE TO YOU AND IN DETERMINING THE PRICING THEREOF.
THE AFDA SHALL NOT BE LIABLE FOR OR IN RESPECT OF ANY BREACH OF THIS AGREEMENT OR ANY OTHER DAMAGE SUFFERED BY YOU DUE TO FORCES BEYOND THE REASONABLE CONTROL OF THE AFDA AND/OR ITS ASSOCIATED PARTIES.
IX. Website Usage
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that access the Website in a manner that sends more request messages to the Website’s servers in a given period of time than a human would produce in the same period by using a conventional web browser. The AFDA allows the operators of bona fide public search engines to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials which prominently link back to the Website source, but not caches or archives of such materials, nor for redisplay on any website or other publication except a bona fide search engine. The AFDA reserves the right to revoke these exceptions either generally or in specific cases, depending on the nature of use.
X. Compliance With Laws
You may not access, download, use or export the Website or Materials in violation of applicable laws or regulations.
XI. Third-Party Links
The Website may contain links to websites controlled by parties other than the AFDA (“Third-Party Websites”). The AFDA is not responsible for the availability of, contents on, charges incurred on, or your other use of, Third-Party Websites. The AFDA provides links to Third-Party Websites solely as a convenience to its members, and the inclusion of any link does not imply endorsement by the AFDA of a Third-Party Website. You bear all risks associated with Third-Party Websites, and the AFDA is not responsible for any claim, loss, or damage relating to or arising out of any Third-Party Website or your use thereof.
You agree to defend, indemnify and hold harmless the AFDA, its officers, directors, shareholders, employees and agents from and against any and all third-party claims, and all liabilities, damages, losses or expenses arising out of or relating to such claims, including reasonable attorneys’ fees and costs, arising out of or in any way connected with (a) your breach of these Terms; or (b) your access to or use of the Website and the Materials.
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. No waiver of any rights hereunder shall be deemed to waive any other rights, nor any waiver of the same rights in any different future context. No failure to enforce any rights hereunder shall be deemed a waiver thereof.