Terms & Conditions
LAST UPDATED: 4/1/22
These terms and conditions (“Terms”) cover your use and access to the products, services, software, platforms, and website www.nationalbankruptcyacademy.com (collectively, “Services”) provided by LexLawLawyers LLC and any of its affiliates (collectively, “Academy” or “We,” “we,” “Us,” “us,” “Our,” or “our”). The website www.nationalbankruptcyacademy.com is referred to as the “Website.” You are identified herein as “You,” “you,” “Your,” “your,” “User,” or “user.” By using our Services, you agree to be bound by these Terms as well as our Privacy Policy. If you are using our Services as the employee or agent of an organization, you are agreeing to these Terms on behalf of that organization.
1. Users Who Are Prohibited from Using Website
(a) Lawyers who practice bankruptcy law in the United States Bankruptcy Court for the Northern District of Illinois are prohibited from registering with the Website and are prohibited from using any Services. Plus, anyone who is directly or indirectly related to the practice of bankruptcy law in the U.S. Bankruptcy Court for the Northern District of Illinois is prohibited from registering with the website and is prohibited from using any Services; this prohibition includes, without limitation, lawyers, paralegals, support staff, secretaries, and administrative assistants of law firms practicing bankruptcy law in the U.S. Bankruptcy Court for the Northern District of Illinois. The U.S. Bankruptcy Court for the Northern District of Illinois is comprised of two divisions. The Eastern Division comprises the counties of Cook, Du Page, Grundy, Kane, Kendall, Lake, La Salle, and Will. The Western Division comprises the counties of Boone, Carroll, De Kalb, Jo Daviess, Lee, McHenry, Ogle, Stephenson, Whiteside, and Winnebago.
(b) To enforce this provision, the Academy reserves the right to refuse membership, or suspend or terminate your account immediately at the Academy’s sole discretion.
(c) If the Academy discovers a lawyer or non-lawyer registered with the site or used the Services in violation of the prohibition of Section 1(a) above, then the Academy will refund fees (notwithstanding refund limitations in other sections to the contrary) to said lawyer or non-lawyer who directly or indirectly practices bankruptcy law in the United States District Court for the Northern District of Illinois. In addition, the Academy is authorized to cancel, discontinue, and terminate the prohibited user’s access to the Services.
(d) To use the Services, you must be the legal age of majority in your state of residence or otherwise able to form a binding contract with the Academy. In no event is use of the Services permitted by those under the age of 18.
2. Trial Offers and Auto-Renewals
The Academy may make available trial offers for the limited use of the Services (each, a “Trial Offer”) to users who provide a valid payment instrument, such as a credit/debit card or other payment method. We may make certain Services available free of charge during the Trial Offer period or we make certain Services available for a reduced fee during the Trial Offer period.
If you choose to subscribe to a membership plan as part of a free Trial Offer, then you will automatically be subscribed to the same membership plan as a paid member starting at the end of the Trial Offer; furthermore, you authorize the Academy to charge your payment method a recurring monthly membership fee or annual membership fee, as applicable, starting with the last date of the Trial Offer period. For example, assuming you subscribed to a monthly membership plan as part of a one-month free Trial Offer on April 16th, then your first monthly payment equal to the full membership plan fee would be charged on May 16th and future monthly payments equal to the full membership plan fee would be charged on the 16th of each month thereafter until the plan is cancelled. Assuming you subscribed to an annual membership plan as part of a one-month free Trial Offer on April 16, 2022, then your first annual payment equal to the full membership plan fee would be charged on May 16, 2022 and future annual payments equal to the full membership plan fee would be charged on May 16, 2023 and each May 16th thereafter until the plan is cancelled. Notwithstanding, you will not be automatically subscribed to a paid membership plan, and no fee shall be charged, if you cancel the trial membership plan prior to the end of the Trial Offer period.
If you choose to subscribed to a membership plan as part of a reduced-fee Trial Offer, then you will be charged the reduced fee for that membership plan at the start of the Trial Offer period and automatically be subscribed to the same membership plan as a paid member starting at the end of the Trial Offer; furthermore, you authorize the Academy to charge your payment method a recurring monthly membership plan fee or annual membership plan fee, as applicable, starting with the last date of the Trial Offer period. For example, assuming you subscribed to a monthly membership plan as part of a reduced-fee, one-month Trial Offer on April 16th, then you will be charged the reduced fee at the start of the Trial Offer period and your first monthly payment equal to the full membership plan fee would be charged on May 16th and future monthly payments equal to the full membership plan fee would be charged on 16th of each month thereafter until the plan is cancelled. Assuming you subscribed to an annual membership plan as part of a reduced-fee, one-month Trial Offer on April 16, 2022, then you will be charged the reduced fee at the start of the Trial Offer period and your first annual payment equal to the full membership plan fee would be charged on May 16, 2022 and future annual payments equal to the full membership plan fee would be charged on May 16, 2023 and each May 16th thereafter until the plan is cancelled. Notwithstanding, you will not be automatically subscribed to a paid membership plan, and only the reduced fee shall be charged, if you cancel the trial membership plan prior to the end of the Trial Offer period.
If you wish to use additional Services beyond those included in the Trial Offer membership plan, you may be asked to separately purchase those Services or to upgrade to the requested paid membership plan prior to the end of the Trial Offer period. Changing the Trial Offer membership plan to another membership plan during the Trial Offer period causes the Trial Offer membership plan to be cancelled. Please visit our Membership Levels page for additional pricing and details on our available membership plans. We reserve the right to change our pricing from time to time, but our price changes will always be prospective and not retroactive.
The Academy will automatically charge you the full membership plan fee on a recurring monthly basis (or annual basis if applicable) at the end of the Trial Offer period unless you cancel your membership plan prior to the end of the Trial Offer period. To cancel your membership through the website, log into your account and navigate to the cancellation page: Registration > Existing Member Info > Membership Cancel > Yes, cancel my account.
3. Paid Accounts and Auto-Renewals
The Academy makes Services available to users who provide a valid payment instrument, such as a credit/debit card or other payment method. We offer many of our Services through various paid membership plans. You have the choice of selecting one of the various membership plans. As discussed elsewhere, you may cancel your membership plan at any time and discontinue utilizing the Services. Alternatively, you may cancel a current membership plan at any time and select a different membership plan if desired.
You understand that by agreeing to the Terms, you authorize the Academy to charge your payment method a recurring monthly membership fee or annual membership fee, as applicable. You understand this authorization remains in force and effect until you cancel your plan and a reasonable time thereafter to afford the Academy and its financial institution a reasonable opportunity to terminate recurring payment charges.
You agree to pay a recurring monthly amount (or annual amount if applicable) equal to the membership fee associated with the paid membership plan you select. We reserve the right to change our pricing from time to time, but our price changes will always be prospective and not retroactive. To pay this amount, we will charge your credit/debit card or other payment method. You understand that the first payment equal to the full membership plan fee will be charged on the date you subscribe to the membership plan and recurring future payments equal to the full membership plan fee will be charged on the same day each month as the day you subscribed to the plan (or same calendar day if an annual plan is selected). For example, assuming you subscribed to a monthly membership plan on May 16th, then your first payment equal to the full membership plan fee would be charged on May 16th and future monthly payments equal to the full membership plan fee would be charged on the 16th of each month thereafter until the plan is cancelled. Assuming you subscribed to an annual membership plan on May 16, 2022, then your first payment equal to the full membership plan fee would be charged on May 16, 2022 and future annual payments equal to the full membership plan fee would be charged on May 16, 2023 and each May 16th thereafter until the plan is cancelled.
The Academy offers two (2) membership plans as of April 1, 2022:
- Standard Payment Plan: $59 per month.
- Premium Payment Plan: $99 per month.
To ensure uninterrupted service and to enable you to conveniently purchase additional products and other Services, the Academy’s credit/debit card processing/gateway service(s) will store your payment method and payment information on file. The Academy may store on file your payment method and partial credit/debit card number, but the Academy does not store your full credit/debit card numbers on its computer system.
Failure to continue scheduled payments subjects your account to cancellation at the discretion of the Academy. If we are unable to charge your designated payment method for any reason, we reserve the right to automatically cancel your membership plan, downgrade your membership plan to a lower-priced membership plan, or to suspend your membership plan until your designated payment method can be charged again. You agree that the Academy will not be liable to you or to any third party for any modification, cancellation, suspension, or discontinuance of your membership plan or other Services. Please note that it is your responsibility to maintain current billing information on file with the Academy.
You hereby represent and warrant that you have the authority to authorize charges to the listed account for the purpose of paying for any membership plan fees, bookstore / shopping cart items, and other Services offered on the Website. You also represent and warrant that you have the authority to incur charges on the credit/debit card or other payment method used to pay for any membership plan fees, bookstore / shopping cart items, and other Services offered on the Website
Through our bookstore / shopping cart, the Academy also sells Services to customers who provide a valid payment instrument, such as a credit/debit card or other payment method. You understand that by agreeing to the Terms, you authorize the Academy to charge your payment method for any Services purchased through our bookstore / shopping cart.
The Academy will automatically charge you the full membership plan fee on a recurring monthly basis (or annual basis if applicable) as a membership plan renewal until you cancel your membership plan. To cancel your membership through the website, log into your account and navigate to the cancellation page: Registration > Existing Member Info > Membership Cancel > Yes, cancel my account.
4. Cancellation Policy, Denial of Services & Deletion of Data
We reserve the right to cancel, discontinue or terminate any membership plan at any time and in our sole discretion. You agree that the Academy will not be liable to you or to any third party for discontinuing or terminating any membership plan.
In addition, we reserve the right to cancel your participation in any plan at any time and in our sole discretion. You agree that the Academy will not be liable to you or to any third party for cancelling your participation in any plan.
We also reserve the right to deny you Services at any time and in our sole discretion. You agree that the Academy will not be liable to you or to any third party for denying you Services.
We also reserve the right to delete any and all data associated with your account at any time and in our sole discretion, including data you entered into the website or uploaded to the website – including without limitation data entered in any blog, directory, and lawyer-to-lawyer forum. You agree that the Academy will not be liable to you or to any third party for deleting any data.
You have the right to cancel your membership plan at any time. The Academy will automatically charge you the full membership fee on a recurring basis as a membership renewal until you cancel your membership. To cancel your membership plan through the website, log into your account and navigate to the cancellation page: Registration > Existing Member Info > Membership Cancel > Yes, cancel my account. You will be denied access to restricted Services immediately after your membership plan is cancelled. You can also cancel your membership plan by tendering a written cancellation notice to the Academy via certified mail (return receipt requested) addressed to: Schaller Law Firm, P.C., Attention: LSCA Cancellation Department, 700 Commerce Drive, Suite 500, Oak Brook, IL 60523; cancellation shall be effective upon receipt by Schaller Law Firm, P.C. of the certified mail letter.
You understand that you will be billed for the entire month (or year if an annual plan was selected) in which your membership plan is cancelled – even though you would be denied access to restricted material as of the cancellation date. No refunds or prorations are paid. For example, assuming you subscribed to a monthly membership plan on May 16th, then your first payment would be charged on May 16th, with recurring monthly payments charged on July 16th and August 16th, etc. Assume further that you cancelled the subscription on August 19th. The payment charged on August 16th would have covered plan access from August 16th thru September 16th absent cancellation. However, your August 19th decision to cancel your membership plan does not entitle you to any refund or proration for the period August 19th thru September 16th – even though you would be denied access to restricted material as of the August 19th cancellation date. As another example, assuming you subscribed to an annual membership plan on May 16, 2022, then your first payment would be charged on May 16, 2022 and each May 16th thereafter until the membership plan is cancelled. Assume further the annual plan was cancelled on August 19, 2022. The annual payment charged on May 16, 2022 would have covered plan access from May 16, 2022 to May 15, 2023 absent cancellation. Your August 19, 2022 action to cancel your membership plan does not entitle you to any refund or proration for the period August 19, 2022 to May 15, 2023 – even though you would be denied access to restricted material as of the August 19, 2022 cancellation date.
You should anticipate the loss of all data relating to your membership and membership plan in the event you cancel your membership plan or we cancel your participation in any plan. You agree that the Academy will not be liable to you or to any third party for any cancellation.
5. Existing Plan Cancellation Caused by Change in Membership Plan
You have the right to change membership plans at any time, unless we have denied you Services. To change your membership plan, log into your account and navigate to the membership account page: Registration > Existing Member Info > Membership Account > My Memberships / “Change” link > select subsequent membership plan.
You understand that a change in your membership plan causes the cancellation of the existing membership plan and the subscription to the subsequent membership plan. Thereafter, you would not be charged additional fees relating to the cancelled membership plan, but you would not receive any refund or proration relating to the cancelled membership plan. Plus, you would be charged the applicable FULL membership fee for your subscription to the subsequent membership plan selected; the first full payment for the new subscription will be charged on the date you subscribe to the subsequent membership plan with automatic recurring monthly (or annual if applicable) payments until you cancel the subsequent membership plan. No refund or proration is given.
For example, assuming you subscribed to the Option 1 membership plan on May 16th, then your first payment would be charged on May 16th, with recurring monthly payments charged on July 16th and August 16th, etc. Assume further that you changed membership plans on August 19th and upgraded to the Option 2 membership plan. Thereafter, you would not be charged additional fees relating to the cancelled Option 1 membership plan, but you would not receive any refund or proration relating to the cancelled Option 1 membership plan. Plus, you would be charged the applicable FULL membership fee for your subscription to the subsequent Option 2 membership plan selected; the first full payment for the subsequent Option 2 subscription would be charged on August 19th, the date you subscribe to the subsequent Option 2 membership plan, with automatic recurring monthly (or annual if applicable) payments until you cancel the subsequent Option 2 membership plan. No refund or proration is given.
6. Refund & Proration Policy
Other than billing errors and prohibited use identified in Section 1, we do not offer refunds on payments. The cancellation of a membership plan does not entitle you to any refund or proration. We also cannot refund any money paid by you directly to third parties.
You understand that you will be billed for the entire month in which your membership plan is cancelled – even though you will be denied access to restricted material as of the cancellation date. For example, assuming you subscribed to a monthly membership plan on May 16th, then your first payment would be charged on May 16th, with recurring monthly payments charged on July 16th and August 16th, etc. Assume further that you cancelled the subscription on August 19th. That payment charged on August 16th would have covered plan access from August 16th thru September 16th absent cancellation; your August 19th action to cancel your membership plan does not entitle you to any refund or proration for the period August 19th thru September 16th – even though you would be denied access to restricted material as of the August 19th cancellation date.
7. Billing Errors
If you believe there has been an error in billing, please contact our Customer Service Department by email at schaller @lexlawlawyers.com immediately so that we can help you resolve the issue, provide a refund or offer credit that can be used for future Services.
When contacting us, please include any details relating to the billing error so we can solve the problem. All refund or credit requests must be made within 30 days of date the error occurred.
You understand and agree that the Academy is not liable in any way for erroneous billing statements or incorrect charges in billing; the Academy’s sole responsibility is to correct it when and if the Academy receives notice of the error.
8. The Academy Does Not Provide Legal or Tax Advice.
The Academy is not a law firm and does not provide any legal advice. The Academy is also not an accounting firm and does not provide any tax advice. The Academy provides coaching, counseling, training, advertising, marketing, educational, and other services to its network of independent lawyers and independent law firms.
The Academy provides a platform for educational information and self-help. The information provided by the Academy along with the content on the Website relate to bankruptcy and tax matters (hereinafter “Website Information”). The Website is designed for educational purposes and general information only. The information presented at these sites are not legal/tax advice and should not be construed to be legal/tax advice nor formation of a lawyer/client relationship. You are urged to contact your local bar associations for a referral to a qualified attorney. No representations or warranties have been made.
Website Information is provided for your private educational use and does not constitute legal or tax advice. We do not review any information you provide us for legal or tax accuracy or sufficiency, draw legal conclusions, provide opinions about your selection of forms, or apply the law to the facts of your situation.
If you need legal or tax advice for a specific problem, you should consult with a licensed attorney and/or a certified public accountant. Neither the Academy nor any Website Information provided by the Academy is a substitute for legal or tax advice from a qualified attorney and certified public accountant licensed to practice in an appropriate jurisdiction.
Communications between you and the Academy may not be protected as privileged communications under the attorney work product doctrine, attorney-client privilege, or CPA-client privilege, if any. Also, if you use the Academy’s Lawyer-to-Lawyer Q&A forum service, the communications between you and the participants who answers your question may not be protected as privileged communications under the attorney work product doctrine, attorney-client privilege, or CPA-client privilege, if any.
Your use of the Services does not create an attorney-client relationship or CPA-client relationship between you and the Academy, or between you and any Academy employee or representative. Unless you are otherwise represented by an attorney or other tax professional, you represent yourself in any matter you undertake through our Services.
9. The Academy Does Not Offer of Employment or Ownership.
Your use of the Services does not create an offer of employment or an employer-employee relationship. The Academy does not offer any employment to you. Your use of the Services does not constitute acceptance of any offer of employment. This website is designed for educational purposes and general information only. No representations or warranties have been made.
Your use of the Services does not create any ownership interest in the Academy. The Academy does not offer you any right to purchase an ownership interest in the Academy. This website is designed for educational purposes and general information only. No representations or warranties have been made.
10. Attorney Profiles are Advertisements Only
The Academy is not a “Lawyer Referral Service.” An attorney directory may or may not be added to the website. Any attorney profiles on the Website are advertisements provided to the public for informational purposes only – and should be interpreted as such. The Academy does not investigate, verify, or warrant the accuracy of the information contained in any attorney profile on the Website. The Academy does not endorse or recommend any attorney, nor does it make any representations or warranty as to the qualifications or competency of any lawyer.
Attorneys are independent entities solely responsible for the advice they give, the services they provide, and the representations about themselves they make on the directory. You are solely responsible for assessing the quality, integrity, suitability, and trustworthiness of all persons with whom you communicate.
11. Ownership and Preservation of Your Documents
The Academy does not claim ownership of any documents you create, upload, or store using our Services (“Documents”). You grant permission for the Academy to use your Documents in connection with providing Services to you.
You acknowledge and agree that the Academy may preserve these Documents as well as disclose them if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to accomplish any of the following: (1) to comply with legal process, applicable laws or government requests; (2) to enforce these Terms; (3) to respond to claims that any content violates the rights of third parties; or (4) to protect the rights, property, or personal safety of the Academy, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. You agree that the Academy has no responsibility or liability for deleting or failing to store any content maintained or uploaded by the Services.
12. Consent to Receive Communications
You understand that by agreeing to the Terms, you agree that you may receive email, written, and oral communications from the Academy, such as, and without limitation, newsletters, special offers, invitations, solicitations, advertisements, account reminders and updates. You also understand that you can remove yourself from automated email communications by clicking the “Unsubscribe” link in the footer of the actual email sent by the Academy.
You also understand that by agreeing to the Terms, you agree that you may receive email, written, and oral communications from Robert V. Schaller and/or any law firm with which he is or will be associated, such as, and without limitation, newsletters, special offers, invitations, solicitations, and legal advertising material. You also understand that you can remove yourself from automated email communications by clicking the “Unsubscribe” link in the footer of the actual email sent by Schaller.
13. Terms of the eSign Service
The Academy may offer an electronic signature service (“eSign Service”), which enables users to send and receive valid e-signatures in the United States under the 2000 U.S. Electronic Signature in Global and National Commerce Act (ESIGN) and the Uniform Electronic Transactions Act (UETA) as adopted by individual states.
By using the Academy’s eSign Service, you consent to using electronic signatures pursuant to these Terms and the Academy’s Privacy Policy. The Academy reserves the right to impose limits on users’ use of the eSign Service to prevent abusive or unreasonably burdensome use of the Service.
Authentication. You agree that no certification authority or other third-party verification is necessary to validate your electronic signature and that the lack of such certification or third-party verification will not in any way affect the enforceability of your electronic signature or any resulting contract signed using the eSign Service. The Academy does not authenticate users’ signatures or identities when using the eSign Service.
Minimum Age. To use the eSign Service, you must be the legal age of majority or otherwise able to form a binding contract under applicable laws and regulations.
Compliance with Electronic Signature Laws. You acknowledge and agree that you have exclusive control and responsibility for the content of documents signed using the eSign Service. Some jurisdictions have rules prohibiting or limiting the use of electronic signatures in certain types of documents (e.g., estate planning laws, family planning laws, consumer protection laws, government contracting rules, etc.). Further, some jurisdictions outside the United States and European Union have not passed laws authorizing the use of electronic signatures. You agree that you (and not the Academy) are solely responsible for determining whether your particular use of the eSign Service complies with the applicable laws of your jurisdiction. The Academy has no duty to monitor the contents or ensure the legality of documents signed using the eSign Service.
Retention Requirements. By using the eSign Service, you agree that you are solely responsible for complying with all applicable document retention laws and regulations pertaining to your electronically signed documents. The Academy has no obligation to determine how long any electronically signed documents are required to be retained under applicable laws and regulations.
Security. You are responsible for the security of documents that are emailed to you and other users of the eSign Service, downloaded from the eSign Service or transferred to another system by API or other integration with the eSign Service service.
14. Acceptable Use of Communications Services
Our Services may include many what are collectively called “Communications Services.” These may include services such as live chats, comment threads, blog posts, lawyer-to-lawyer question and answer forum products, customer service communication forums, attorney directories, calendars, and other message services. You agree to use the Communication Services only to post, disclose, send, and receive messages or materials proper to and related to the Communication Service. When using a Communication Service, you agree that you will not do any of the following:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others.
- Publish, post, upload, distribute or disseminate any names, materials, or information that is considered inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful.
- Create a false identity, represent yourself as someone else, or sign an agreement as someone else or on behalf of someone else or otherwise falsify or delete in an uploaded file any significant attributions or notices.
- Upload files that contain software or other material protected either by intellectual property laws or by the rights of privacy or publicity except when
- you own or control the necessary rights, or
- you have received all necessary consents to do so.
- Upload corrupted files, files that contain viruses, or any other files that may damage the operation of another’s computer.
- Advertise, offer to sell, or offer to buy anything for business purposes except to the limited extent any Communication Service specifically allows such activity.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Harvest or otherwise collect personally identifiable information about others, without their consent.
- Violate any code of conduct or other guidelines, which may be applicable for any Communication Service.
- Violate any applicable laws or regulations.
Although the Academy has no obligation to monitor the Communication Services, we reserve the right, in our own discretion, to review and remove materials posted to a Communication Service, in whole or in part. The Academy reserves the right to disclose any materials posted, information or activity as necessary to satisfy any applicable law, regulation, legal process, or governmental request.
15. No Unlawful or Prohibited Use
You can only use our Services if they do not conflict with or violate the laws of your jurisdiction(s). The availability of our Services in your jurisdiction is not an invitation or offer by the Academy to access or use our Services. By using our Services, you accept sole responsibility that you do not violate any applicable laws in your jurisdiction. To enforce this provision, the Academy reserves the right to refuse membership, or suspend or terminate your account immediately and without prior notice at our sole discretion.
The following are specifically excluded or prohibited:
- Use in connection with any legal or tax matter that is frivolous, immaterial or illegal in nature, as determined by the Academy in our sole discretion;
- Use in connection with any legal or tax matter involving an alleged violent crime;
- Use in connection with any legal or tax matter involving the laws of jurisdictions outside of the United States or its subdivisions;
- Use in connection with any legal or tax matter for which you are currently or prospectively represented by legal counsel.
- Use in connection with any legal or tax matter that, in our opinion, lacks sufficient merit to warrant pursuit, or that has been raised an excessive or unreasonable number of times without a change in circumstances;
- Use in connection with any legal or tax matter that directly or indirectly involves the Academy;
- Use in connection with any legal or tax matter that directly or indirectly involves the Academy or any of its affiliates, directors, agents, employees, or other the Academy service providers; or
You may not hack, “scrape” or “crawl” the Website, whether directly or through intermediaries such as spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds, or otherwise access or attempt to access any information the Academy has not intentionally made available to you on the Website via purchased subscription. Your use of the Website does not entitle you to resell any of the Academy content without prior express written consent from the Academy.
16. The Academy’s Use of Copyrighted Material
Robert V. Schaller is the owner of certain text, videos and other intellectual property utilized by the Academy in offering Services thru the Website. Robert V. Schaller retains all right, title and interest in and to his products and services, including, without limitation, software, images, text, graphics, charts, illustrations, logos, service marks, copyrights, photographs, videos, music, and all related intellectual property rights.
Robert V. Schaller granted the Schaller Law Firm, P.C. a non-exclusive, limited, revocable license to utilize intellectual property owned by Robert V. Schaller as he intends for it to be used – with express permission for Schaller Law Firm, P.C. to sublicense said intellectual property rights to the Academy and with further express permission for the Academy to sub-sublicense said intellectual property rights to the Website’s users on a non-exclusive, limited, non-transferable, revocable sub-sublicense basis.
17. License & Sub-Sublicense Grant
Subject to your compliance with these Terms, you are hereby granted a non-exclusive, limited, non-transferable, revocable sub-sublicense to use the Services as Robert V. Schaller and the Academy intend for them to be used. The sub-sublicense granted to you authorizes only you to use the Website (according to your membership plan). You are responsible for safeguarding and preventing unauthorized access to the user information and password that you use to access our Services. You agree not to disclose your password to any third-party and you are responsible for any activity using your account, whether or not you authorized that activity.
You are prohibited from permitting other individuals to use the Services or to log-in or use the Website on your behalf. If you discover or suspect that an unauthorized person has used the Services or logged-in or used the Website on your behalf, then you are required to give immediate notice to the Academy via certified mail, return receipt requested.
As a registered user, you are licensed to keep, for your own personal records, electronic or physical copies of documents you have created on the Academy. You may not copy the content of the Website’s text or other intellectual property for use, distribution, dissemination, or sale outside of the Academy. Any rights not expressly granted in these Terms are reserved.
Resale or unauthorized distribution of materials downloaded from the Website is strictly prohibited. Use of these materials is for your personal or business use. Any resale or redistribution of our materials requires the express, written consent of the Academy.
When you transmit user content to the Academy or on the Website, you hereby grant Robert V. Schaller and the Academy and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any such content, including throughout the world in any media. If you submit feedback or suggestions about our Services, Robert V. Schaller and the Academy and its affiliates may use your feedback or suggestions without obligation to you. The phrase “user content” includes, without limitation, blog posts, lawyer directory content, and lawyer-to-lawyer forums content.
18. Intellectual Property Rights
The Academy and Robert V. Schaller retain all their respective rights, title and interest in and to its products and services, including, without limitation, software, images, text, graphics, illustrations, logos, service marks, copyrights, photographs, videos, music, and all related intellectual property rights.
Except as otherwise provided in this agreement, you may not, and may not permit others to:
- reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of our products and Services;
- sell, license, sublicense, rent, lease, distribute, copy, publicly display, publish, adapt or edit any of our products and services; or
- circumvent or disable any security or technological features of our products and services.
The design, text, graphics and selection and arrangement thereof and services, documents, educational guidance, and all other content found on the Website (“Service Content”) are copyrighted. All rights reserved.
19. Copyright and DMCA
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.
If you believe that any material on our website infringes upon any copyright which you own or control, you may file a DMCA Notice of Alleged Infringement with the Academy’s Designated Copyright Agent:
Schaller Law Firm, P.C.
Attn: Legal Department
700 Commerce Drive, Suite 500
Oak Brook, IL 60523
Email: schaller @schallerlawfirm.com
20. Links to Third Party Sites
The Website may contain links to third party resources and businesses on the Internet, called here “links” or “Linked Sites.” Those links are provided for your convenience to help you identify and locate other Internet resources that may be of interest to you. The Academy is not legally associated with any third party “linked sites.” The Academy is not legally authorized to use any trade name, registered trademark, logo, official seal or copyrighted material that may appear in the link.
The Academy does not control, endorse, or monitor the contents of any Linked Site. That includes, without limitation, any further link contained in a Linked Site, and any changes or updates to a Linked Site. The Academy is not responsible for webcasting or for any other form of transmission received from any Linked Site. These Terms do not cover your interaction with Linked Sites. You should carefully review the terms and conditions and privacy policies of any third-party sites.
If you use any service provided on a Linked Site, (a) the Academy will not be responsible for any act or omission of the third party, including the third party’s access to or use of your customer data and (b) the Academy does not warrant or support any service provided by the third party.
21. Disclaimer of Representations and Liability
Please read this section carefully as it affects your rights
For purposes of this Section 21, the terms “Academy” and “ACADEMY” refer to LexLawLawyers LLC, Robert V. Schaller, and the Schaller Law Firm, P.C.
The information, software, products, and other Services made available through the Academy may include inaccuracies or typographical errors. the Academy and/or its suppliers may at any time make improvements or changes to our Services. Information received via the Academy should not be relied upon for personal, medical, legal, tax or financial decisions. You should consult an appropriate professional for specific advice tailored to your situation. In short, your use of our Services is at your own risk.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE ACADEMY AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED “AS IS.” WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. INFORMATION AND OPINIONS RECEIVED VIA THE WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL, TAX OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE ACADEMY, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT THE ACADEMY HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
THE ACADEMY’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES SHALL IN NO EVENT EXCEED THE GREATER OF $150.
In addition, we aren’t responsible for the behavior of any third parties, credit/debit card processors, agencies, linked websites, or other Members, including third-party applications, application program interfaces (API), products, or services for use in connection with the Service (each, a “Third-Party Integration”). The use of any Third-Party Integration and rights with respect to such Third-Party Integration are solely between you and the applicable third party. We are not responsible for the privacy, security or integrity of any Third-Party Integration or the practices and policies of any Third-Party Integration. We make no warranties of any kind and assume no liability of any kind for your use of any Third-Party Integration. For example, the Academy facilitates a Third-Party Integration by charging fees through credit/debit card gateway service(s) utilizing an application program interface (API); the credit/debit card gateway service stores your full credit/debit card number.
22. Release
For purposes of this Section 22, the term “Academy” refers to LexLawLawyers LLC, Robert V. Schaller, and the Schaller Law Firm, P.C.
On behalf of yourself and your heirs, executors, agents, representatives, and assigns, fully release, forever discharge, and hold the Academy and its affiliates and respective officers, employees, directors and agents harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, and actions of any kind and injury (including death) arising out of or relating to your use of the Service. You agree that this release has been freely and voluntarily consented to and you confirm that you fully understand what you are agreeing to.
23. Dispute Resolution by Binding Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS.
For purposes of this Section 23, the term “Academy” refers to LexLawLawyers LLC, Robert V. Schaller, and the Schaller Law Firm, P.C.
Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling our Customer Service Department at 630-655-1301. You can also email us at schaller @lexlawlawyers.com.
However, if the Academy is not able to resolve a dispute with you after attempting to do so informally, then as a condition to your use of the Services we mutually agree to resolve such dispute through binding arbitration under the auspices of JAMS Alternative Dispute Resolution (“JAMS”). JAMS will administer any such arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, DuPage County, IL, Cook County, IL, or any other location as to which we may then mutually agree. If you seek arbitration, then you must first send to the Academy, by certified mail, a written notice of dispute. If we seek arbitration, then we must notify you by regular U.S. mail or email.
Any notice to the Academy should be addressed to Schaller Law Firm, P.C., Attention: General Counsel, 700 Commerce Drive, Suite 500, Oak Brook, IL 60523. Any notice to you shall be sent to your address as set forth in the Academy’s records of account or such other legal address as the Academy is able to identify – including any email address you have provided the Academy.
You may only resolve disputes with us on an individual basis, and you may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not permitted.
Notwithstanding our agreement to arbitrate our disputes as provided above, the following exceptions will apply to the resolution of disputes between us:
- The Academy may assert claims, if they qualify, in small claims court in the Circuit Court of Cook County, IL or Illinois’ 18th Judicial Circuit Court (located in DuPage County, Illinois) or in any United States county where you live or work without first engaging in arbitration or the informal dispute-resolution process described above.
- The Academy may bring a lawsuit against you in any court of competent jurisdiction solely for injunctive relief to stop any unauthorized use or abuse of the Services without first engaging in arbitration or the informal dispute-resolution process described above.
- The Academy may bring a lawsuit against you in any court of competent jurisdiction solely for injunctive relief to stop any intellectual property infringement without first engaging in arbitration or the informal dispute-resolution process described above.
- In the event that the agreement to arbitrate provided herein is found to be inapplicable or unenforceable for any reason, then as a condition to your use of the Services we agree that any resulting judicial proceedings will be brought in the U.S. District Court for the Northern District of Illinois or Illinois’ 18th Judicial Circuit Court (located in DuPage County, Illinois) and by your use of the Services you expressly consent to venue and personal jurisdiction of the courts therein.
The Academy may, in the future, make changes to these provisions regarding dispute resolution and arbitration by providing notice. You may reject any changes made during your Membership by sending us written notice. Such notice must be given via certified mail, return receipt requested, within thirty (30) calendar days of the notice of modification to the following address: Schaller Law Firm, P.C., Attention: General Counsel, 700 Commerce Drive, Suite 500, Oak Brook, IL 60523.
24. Waiver, Severability and Assignment
For purposes of this Section 24, the term “Academy” refers to LexLawLawyers LLC, Robert V. Schaller, and the Schaller Law Firm, P.C.
The Academy’s failure to enforce a provision or take action on a violation of these Terms is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. The Academy may assign its claims against you to any entity or any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
25. Modifications
We may revise these Terms from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, posting on our blog or on the Terms & Conditions page, or other page). By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms. You have a duty to check the Website frequently for updated Terms.
26. Indemnity and Legal Fees
For purposes of this Section 26, the term “Academy” refers to LexLawLawyers LLC, Robert V. Schaller, and the Schaller Law Firm, P.C.
You agree to indemnify and hold harmless the Academy and its affiliates and respective officers, employees, directors, and agent from any and all losses, damages, expenses, attorneys’ fees, rights, claims, actions of any kind and injury (including death) resulting from any claims you make that did not result in (a) a court award of damages in your favor, or (b) a jury award of damages in your favor. You also agree to indemnify and hold harmless the Academy and its affiliates and respective officers, employees, directors, and agent from any and all losses, damages, expenses, attorneys’ fees, rights, claims, actions of any kind and injury (including death) resulting from any claims you make that did not result in an arbitration award of damages in your favor.
You agree to indemnify and hold harmless the Academy and its affiliates and respective officers, employees, directors, and agent from any and all losses, damages, expenses, attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of (directly or indirectly) any third-party claims relating to your use of the Service, your violation of these Terms or your violation of any rights of another.
You agree to indemnify and hold harmless the Academy and its affiliates and respective officers, employees, directors, and agent from any and all losses, damages, expenses, attorneys’ fees, rights, claims, actions of any kind and injury (including death) resulting from (i) your conduct, (ii) your use of the Service, (iii) your violation of any laws or regulations, (iv) third-party claims that you or someone using your password did something that, if true, would violate any of these Terms, (v) any misrepresentations made by you, (vi) a breach of any representations or warranties you’ve made to us, or (vii) a violation of the Terms.
27. Subpoena Fees
For purposes of this Section 27, the term “Academy” refers to LexLawLawyers LLC, Robert V. Schaller, and the Schaller Law Firm, P.C.
If the Academy provides information in response to a subpoena, court order, or other legal, governmental, or regulatory inquiry related to your account, then the Academy may charge you for our costs. These fees will include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.
28. Further Actions
You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.
29. Bankruptcy Justice Law Firm, LLC Does Not Provide Offer of Employment or Offer of Ownership.
The Academy and the Bankruptcy Justice Law Firm, LLC are separate legal entities. The Bankruptcy Justice Law Firm, LLC has paid an advertising fee to the Academy for the opportunity to place an advertisement on the Website. The Bankruptcy Justice Law Firm, LLC’s ad is not an offer of employment, but rather a solicitation to receive LLC membership applications.
Your use of the Services does not create an offer of employment by Bankruptcy Justice Law Firm, LLC or an employer-employee relationship. The Bankruptcy Justice Law Firm, LLC advertisement does not offer any employment to you. Your use of the Services does not constitute acceptance of any offer of employment. No representations or warranties have been made.
Your use of the Services does not create any ownership interest in the Bankruptcy Justice Law Firm, LLC. The Bankruptcy Justice Law Firm, LLC and does not offer you any right to purchase an ownership interest in the Bankruptcy Justice Law Firm, LLC. No representations or warranties have been made.
30. Force Majeure
For purposes of this Section 30, the term “Academy” refers to LexLawLawyers LLC, Robert V. Schaller, and the Schaller Law Firm, P.C.
The Academy won’t be held liable for any delays or failure in performance of any part of the Services from any cause beyond the Academy’s control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, diseases, viruses, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, website malfunctions, corrupted software/plugins/themes, unusually severe weather conditions, and acts of hackers, or third-party internet service providers.
31. Controlling Law
These Terms will be governed by Illinois law except for its conflicts of laws principles.
32. Interpretation
The headers are provided only to make these Terms easier to read and understand. The fact that we wrote these Terms won’t affect the way the Agreement is interpreted.
33. Entire Agreement
These Terms constitute the entire agreement between you and the Academy with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms.
34. No Changes in Terms at Request of Member
Because we anticipate so many Members, we can’t change these Terms for any one Member or group.
35. Severability
If it turns out that a section of these Terms isn’t enforceable, then that section will be removed or edited as little as required, and the rest of the Agreement will still be valid.
36. Notice.
Unless provided elsewhere, notice to the Academy shall be effective via certified mail, return receipt requested to the following address:
LexLawLawyers LLC.
Attn: Legal Department
700 Commerce Drive, Suite 500
Oak Brook, IL 60523
Unless provided elsewhere, notice to you shall be effective via email to the email address you have entered on the Website.
37. Affirmative Disclaimer.
The Academy may provide a directory of lawyers on the Website. If provided, the Academy would allow you to create your own attorney listing without the Academy verifying the information you incorporate into your listing. Also if provided, you would then be able to submit that listing to the website(s). If you submit a listing to the directory of lawyers, then you must add the following disclaimer to any and all communications that reference the Academy, including without limitations your websites, email signature blocks, letters, advertisements, etc.:
[insert your name] is a member of the LexLawLawyers LLC’s advertising network of independent lawyers and independent law firms, and LexLawLawyers LLC does not accept any responsibility or liability for the actions or inactions of any individual member or firm. LexLawLawyers LLC is not a law firm.