CONDITIONS OF USE

Welcome to the Jackson Walker LLP ("Jackson Walker") website (the "Website"). Jackson Walker  operates as a limited liability partnership organized under the laws of the State of Texas (USA). You must accept the terms of the Agreement in order to use the Website By accessing or using the Website, you indicate that you have read and understand this Terms of Use Agreement (the "Agreement") and agree to be bound by it.. Please read this Agreement carefully as it forms a binding contract between you and Jackson Walker. Please print a copy of this Agreement for your records.

Our attorneys are licensed to practice law only in the specific jurisdictions listed in their biographies. All Jackson Walker lawyers, unless otherwise indicated, are not certified by the Texas Board of Legal Specialization or the similar board of any other state.

This Web site may constitute "Attorney Advertising" under the law of certain jurisdictions. To the extent the state bar rules in your jurisdiction require us to designate a principal office and/or a single attorney responsible for this Site, Jackson Walker designates its office in Dallas, Texas, USA as its principal office and designates Pat Cowlishaw as the attorney responsible for this Site.

Jackson Walker has endeavored to comply with all legal and ethical requirements in developing this Website and does not desire to represent clients based upon their review of any portions of this Website which do not comply with the legal or ethical requirements of the jurisdiction in which the client is located.

The Website can be accessed from all 50 states, as well as from other countries around the world. As each of these jurisdictions has laws and regulations that may differ from those of Texas, by accessing this Website both you and Jackson Walker agree that the statutes and laws of the State of Texas, without regard to conflicts of laws principles thereof, will apply to all matters relating to use of this Website (whether grounded in tort, contract, law or equity). In the case of a dispute, you and Jackson Walker agree any litigation arising between the parties hereto shall be brought only in the state or federal courts having subject matter jurisdiction in Dallas County, Texas. You and Jackson Walker hereby irrevocably and unconditionally consent to the jurisdiction of any such court and hereby irrevocably and unconditionally waive any defense of an inconvenient forum to the maintenance of any action or proceeding in any such court, any objection to venue with respect to any such action or proceeding, and any right of jurisdiction on account of the place of residence or domicile of any party thereto.

Jackson Walker makes no representation regarding accessing the materials on this Website from jurisdictions where their contents are illegal or prohibited. Those users who choose to access this Website from other jurisdictions do so at their own risk and are responsible for compliance with local laws and regulations.

If you do not understand or have questions about the Agreement, immediately stop all use of the Website and contact webmaster@jw.com. This Agreement may periodically change without notice, so you should check the Agreement before every attempt to use the Website. When the Agreement is changed, the date of the latest revision will appear at the top of this page. You agree that you will be bound by this Agreement, however and whenever it is updated, revised, supplemented, modified, or amended, whether you have actual or constructive notice of, and whether you have used or continue to use the Site after, the updates, revisions, supplements, modifications or amendments.

No Legal Services or Attorney Client Relationship

The materials on this Website are made available by Jackson Walker for informational purposes only and do not constitute legal advice, do not necessarily reflect the opinions of Jackson Walker, its attorneys or any of our clients, and are not guaranteed to be correct, complete, or up-to-date. Although the Website may provide information concerning potential legal issues, it is not a substitute for legal advice from qualified counsel. The laws of other states and nations may be entirely different from what is described in this Website. Because of these differences, you should not act or rely on any information on this Website without seeking the advice of a competent attorney licensed to practice law in your jurisdiction for your particular problem. You should not and are not authorized to rely on the Website as a source of legal advice. Your use of the Website does not create any attorney-client relationship between you and Jackson Walker. The facts and results of each case will vary, and no particular result can be guaranteed.

The Website contains electronic contact information for many Jackson Walker attorneys. The mere act of contacting a Jackson Walker attorney electronically, however, does not create an attorney-client relationship. If you wish to become a client of Jackson Walker, you must contact an appropriate Jackson Walker attorney, and explicitly negotiate a retention. The Website is not an invitation to form an attorney-client relationship.

Unless you have an attorney-client relationship with Jackson Walker, we are not obliged to keep confidential information you may send us and your communication may not be treated as privileged. Under no circumstances, therefore, should you send confidential information to Jackson Walker unless you have been authorized to do so by a Jackson Walker attorney or you have a pre-existing documented attorney-client relationship with Jackson Walker. In such circumstances, please remember that sensitive or confidential information should be sent by an encrypted means of transmission. The contact forms on this Website are not encrypted and should not be used to send sensitive or confidential information.

USER CONDUCT

Your use of the Website is at the sole discretion of Jackson Walker, who may deny you further use of the Website at any time, for any reason, with or without cause. Your use of the Website does not entitle you to continued use of the Website. You agree that you will not use the Website for any illegal purpose. In addition, you agree that:

  1. You will not harvest, collect or otherwise use contact information made available on the Website for the purpose of sending unsolicited improper communications, including without limitation, unsolicited bulk email (collectively, spam) and that you will not use any Jackson Walker communications facility to deliver or attempt to deliver spam
  2. You will not attempt to gain unauthorized access to the Website or the servers and network associated with the Website
  3. You will not circumvent or attempt to circumvent any security or access control technology implemented on the Website, or the servers and network associated with the Website
  4. You will not use the Website in any manner designed to degrade the performance or functioning of the Website, including, without limitation, launching Denial-of-Service (DoS) attacks against the Website and you will not upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, network, hardware or telecommunications equipment
  5. You will not use the Website to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity
  6. You will not upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable

You will not upload, post, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party Copyright

Jackson Walker claims a copyright in its works presented at this Website and all object code and source code, text, graphics, multimedia content, including but not limited to images, illustrations, html and other mark up languages, and all scripts within the Website associated therewith .

Jackson Walker grants you a personal, revocable, non-transferable, and non-exclusive right and license to use the object code of the Site on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software for the Site except and only to the extent that such activity is permitted by applicable law notwithstanding this limitation.

Jackson Walker authorizes you to view, copy, download and print Jackson Walker documents on this Website, subject to the following conditions:

  1. The documents may be used solely for personal, noncommercial and informational purposes
  2. The documents may not be modified
  3. The following copyright notice and permission notice must appear in each document: © 2018 Jackson Walker LLP · All Rights Reserved.” Jackson Walker LLP documents available from this web site are protected by the copyright laws of the United States and international treaties. All use subject to Terms of Use" And must retain all other copyright, trademark and other proprietary notices

Service Marks - Permitted Use of Jackson Walker Service Marks

Jackson Walker service marks identify Jackson Walker products and services and let the public know the source of those products and services. You may make fair use of our service marks in referencing our products and services (for example, in a magazine article) without our permission, provided you follow standard trademark usage practices and provide proper attribution. Other uses require our written permission. If you are in doubt as to whether you need our permission for a specific type of use, please ask us.

You may not use Jackson Walker logos or "design" service marks (as opposed to our service marks consisting solely of words) under any circumstances without our prior written authorization.

In addition, you may not use Jackson Walker service marks, whether design or word marks, in the following ways:

  1. In a non-Jackson Walker service name or publication title
  2. In, as, or as part of, your own service or trademarks
  3. To identify products or services that are not Jackson Walker'
  4. In a manner likely to cause confusion, disparage or dilute these marks
  5. In a manner that implies inaccurately that we sponsor or endorse, or are otherwise connected with, your own activities, products and services
  6. As hidden or embedded text in web pages in an effort to cause a search of Jackson Walker marks to result in a hit on a page not maintained by Jackson Walker in a manner disparaging of Jackson Walker

Commercial Use of Jackson Walker Website Materials and Screen Shots

Reproduction, copying or redistribution of materials on the Jackson Walker Website for commercial purposes is prohibited without the express written permission of Jackson Walker. To obtain permission to copy portions of this Website, please send email to webmaster@jw.com and provide the following information in the body of the email:

  1. The Jackson Walker content you wish to use
  2. Where and how it will be used (for example, a book cover, magazine article, a brochure)
  3. Where and how copies will be distributed and to what audience
  4. How many copies will be produced and distributed
  5. When you intend to publish
  6. What other non- Jackson Walker materials will be associated with the Jackson Walker content
  7. Your name, title, company, address, email address and phone number

We will evaluate your request and advise you as soon as possible. Jackson Walker reserves the right to refuse permission to copy, distribute, broadcast or publish any of its copyrighted material, including text and images on our Website.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

INFORMATION PROVIDED ON THE WEBSITE IS PROVIDED "AS IS" AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE NON-INFRINGEMENT, QUALITY, PERFORMANCE, NON-INTERFERENCE WITH INFORMATION, AND ACCURACY OF INFORMATIONAL CONTENT.

Jackson Walker MAKES NO WARRANTY THAT:

  1. YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
  2. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR
  3. THE QUALITY OF ANY INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Jackson Walker OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

JACKSON WALKER PERIODICALLY ADDS CHANGES, IMPROVES OR UPDATES THE INFORMATION AND DOCUMENTS ON THE WEBSITE WITHOUT NOTICE. JACKSON WALKER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL JACKSON WALKER, ITS SUPPLIERS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE WEBSITE'S CONTENTS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY CHARACTER (EVEN IF Jackson Walker HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM:

  • THE USE OR THE INABILITY TO USE THE SITE;
  • UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
  • STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR
  • ANY OTHER MATTER RELATING TO THE SITE.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  1. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. JACKSON WALKER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, QUALITY, PERFORMANCE, NON-INTERFERENCE WITH INFORMATION, AND ACCURACY OF INFORMATIONAL CONTENT. THERE IS NO WARRANTY THAT INFORMATION PROVIDED ON THE WEBSITE WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS.

JACKSON WALKER MAKES NO WARRANTY THAT:

  1. YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
  2. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, OR
  3. THE QUALITY OF ANY INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS.
  4. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  5. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM JACKSON WALKER OR THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT JACKSON WALKER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF JACKSON WALKER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

  1. THE USE OR THE INABILITY TO USE THE WEBSITE;
  2. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
  3. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR
  4. ANY OTHER MATTER RELATING TO THE WEBSITE.

IF YOU ARE DISSATISFIED WITH THE WEBSITE, OR ANY OF THE INFORMATION CONTAINED THEREON, OR REFUSE TO ABIDE BY THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE. NOTWITHSTANDING THE FOREGOING, JACKSON WALKER’S LIABILITY TO YOU SHALL IN NO CASE EXCEED $100. YOU FURTHER AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST JACKSON WALKER ARISING OUT OF THE USE OF THE WEBSITE.

JACKSON WALKER SHALL NOT BE HELD LIABLE FOR ANY REPRESENTATIONS ON THIRD PARTY SITES IN RELATION TO THE INFORMATION PROVIDED IN THIS WEBSITE.

Links to Third Party Sites

If you use any links on the Website to websites not maintained by Jackson Walker, you will leave Jackson Walker Website. The linked sites are not under the control of Jackson Walker and Jackson Walker is not responsible for the contents of any linked site or any link contained on a linked site. Jackson Walker provides these links to you only as a convenience and the inclusion of any link does not imply recommendation, approval or endorsement by Jackson Walker of the site nor is it intended to imply that Jackson Walker sponsors, is affiliated or associated with, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. Jackson Walker is offered no compensation or remuneration from the organizations linked to the website. Jackson Walker makes no warranties, explicit or implied, regarding the performance of the links, the performance of the outside sites or the contents of the outside sites. If you decide to access linked third party websites, you do so at your own risk.

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS Jackson Walker, ITS ATTORNEYS AND EMPLOYEES AND OTHER AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING WITHOUT LIMITATION CLAIMS BASED UPON THE NEGLIGENCE OF Jackson Walker, ITS ATTORNEYS AND EMPLOYEES AND OTHER AFFILIATES ARISING FROM OR RELATED TO YOUR USE OF THE SITE, THE MATERIALS IT CONTAINS, AND ANY SITES LINKED TO THIS SITE.

Jurisdiction; Choice of Law

This Agreement and your use of the Website shall be governed by the laws of Texas, without regard to its conflict of laws’ provisions.

Entire Agreement

This Agreement constitutes the entire agreement between you and Jackson Walker with respect to your use of the Website. There are no other representations, warranties, terms, agreements or conditions, either written or oral, with respect to your use of the Site except as set forth in this Agreement.

Severability

If any provision of this Agreement is found to be void or unenforceable, such provision shall be severed and all other provisions shall remain in force.