Terms & Conditions
LAST UPDATED: 7/10/23
The Terms cover those persons or entities perusing the Website who do NOT engaged the Firm to provide legal services or who do NOT become a member of the Firm. The Terms are void and do not cover the Firm’s legal representation of any client; instead, the scope of the Firm’s representation of any client shall be set forth in a separate written engagement letter prepared by the Firm and executed by the client. The Terms are void and do not cover the relationship between the Firm and any person or entity that becomes a member of the Firm; instead, the relationship between the Firm and any person or entity that becomes a member of the Firm shall be as set forth in the Firm’s operating agreement.
- Users Who Are Prohibited from Using Website
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 Firm. In no event is use of the Services permitted by those under the age of 18.
- Deletion of Data
We reserve the right to delete any and all data you entered into the website or uploaded to the website. You agree that the Firm will not be liable to you or to any third party for deleting any data.
- The Firm Does Not Provide Legal or Tax Advice.
The Firm does not provide any legal advice thru the Website. Furthermore, The Firm only provides legal advice to clients who have engaged the Firm by executing a written engagement letter prepared by the Firm.
The Website’s content relates to estate planning matters (hereinafter “Website Information”). The Website is designed for educational purposes and general information only. The information presented is not legal advice and should not be construed to be legal advice nor formation of a lawyer/client relationship. You are urged to engage a member of the Firm or contact your local bar associations for a referral to a qualified attorney. No representations or warranties have been made.
Your use of the Services does not create an attorney-client relationship between you and the Firm, or between you and any Firm employee or representative.
- The Firm 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 Firm 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 Firm. The Firm does not offer you any right to purchase an ownership interest in the Firm. This website is designed for educational purposes and general information only. No representations or warranties have been made.
- Consent to Receive Communications
You understand that by agreeing to the Terms, you agree that you may receive phone calls, texts, email, written, and oral communications from the Firm, such as, and without limitation, newsletters, special offers, invitations, solicitations, advertisements, account reminders and updates.
You also understand that by agreeing to the Terms, you agree that you may receive phone calls, texts, 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.
- 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 Firm 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 Firm 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 Firm 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 Firm;
- Use in connection with any legal or tax matter that directly or indirectly involves the Firm or any of its affiliates, directors, agents, employees, or other the Firm 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 Firm 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 Firm content without prior express written consent from the Firm.
- The Firm’s Use of Copyrighted Material
Robert V. Schaller is the owner of certain text, videos and other intellectual property utilized by the Firm 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 Firm and with further express permission for the Firm to sub-sublicense said intellectual property rights to the Website’s users on a non-exclusive, limited, non-transferable, revocable sub-sublicense basis.
- 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 Firm 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 Firm 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 Firm. You may not copy the content of the Website’s text or other intellectual property for use, distribution, dissemination, or sale outside of the Firm. 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 Firm.
When you transmit user content to the Firm or on the Website, you hereby grant Robert V. Schaller and the Firm 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 Firm 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.
- Intellectual Property Rights
The Firm 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.
- 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 Firm'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
- 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 Firm is not legally associated with any third party "linked sites." The Firm is not legally authorized to use any trade name, registered trademark, logo, official seal or copyrighted material that may appear in the link.
The Firm 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 Firm 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 Firm 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 Firm does not warrant or support any service provided by the third party.
- Disclaimer of Representations and Liability
Please read this section carefully as it affects your rights
For purposes of this Section 12, the term “Firm” refers to Robert V. Schaller and the Schaller Law Firm, P.C.
The information, software, products, and other Services made available through the Firm may include inaccuracies or typographical errors. the Firm and/or its suppliers may at any time make improvements or changes to our Services. Information received via the Firm 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 Firm 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.
For purposes of this Section 13, the term “Firm” refers to 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 Firm 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.
- Dispute Resolution by Binding Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS.
For purposes of this Section 14, the term “Firm” refers to Robert V. Schaller and the Schaller Law Firm, P.C.
Most customer concerns can be resolved quickly and to the customer's satisfaction by emailing us at schaller @bkjustice.com.
However, if the Firm 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 Firm, 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 Firm should be addressed to Schaller Law Firm, P.C., Attention: Robert Schaller, 700 Commerce Drive, Suite 500, Oak Brook, IL 60523. Any notice to you shall be sent to your address as set forth in the Firm's records of account or such other legal address as the Firm is able to identify – including any email address you have provided the Firm.
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 Firm 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 Firm 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 Firm 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 Firm 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: Bankruptcy Justice’s Counsel, 700 Commerce Drive, Suite 500, Oak Brook, IL 60523.
- Waiver, Severability and Assignment
For purposes of this Section 15, the term “Firm” refers to Schaller Law Firm, P.C., Robert V. Schaller, and the Schaller Law Firm, P.C.
The Firm’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 Firm 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.
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.
- Indemnity and Legal Fees
For purposes of this Section 17, the term “Firm” refers to Robert V. Schaller and the Schaller Law Firm, P.C.
You agree to indemnify and hold harmless the Firm 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 Firm 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 Firm 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 Firm 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.
- Subpoena Fees
For purposes of this Section 18, the term “Firm” refers to Robert V. Schaller and the Schaller Law Firm, P.C.
If the Firm provides information in response to a subpoena, court order, or other legal, governmental, or regulatory inquiry related to your account, then the Firm 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.
- Further Actions
You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.
- Force Majeure
For purposes of this Section 20, the term “Firm” refers to Robert V. Schaller and the Schaller Law Firm, P.C.
The Firm won’t be held liable for any delays or failure in performance of any part of the Services from any cause beyond the Firm’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.
- Controlling Law
These Terms will be governed by Illinois law except for its conflicts of laws principles.
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.
- Entire Agreement
These Terms constitute the entire agreement between you and the Firm 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.
- 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.
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.
Unless provided elsewhere, notice to the Firm shall be effective via certified mail, return receipt requested to the following address:
Schaller Law Firm, P.C.
Attention: Robert Schaller
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.
- Debt Relief Agency.
The Firm states as follows: “We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.’ or a substantially similar statement.”
The Website Information constitutes advertising material. Attorney Robert Schaller is responsible for the content of this website. Attorney Schaller is licensed to practice law only in the State of Illinois.