Terms of Use

Welcome to www.chengcohen.com (the “Site”).  Cheng Cohen LLC (collectively referred to as “Cheng Cohen,” “us,” “we,” or “our”) provides website features to you when you visit the Site or any of our other websites or mobile applications (collectively, the “Sites”).  These Terms of Use govern your use of the Sites.  By accessing the Sites, you agree to be bound by these Terms of Use and to comply with any applicable federal or state laws.  If you do not agree with these Terms of Use, you are not authorized to access the Sites.  For information on how we use and protect the information you may provide through the use of the Sites, please read our Privacy Policy.  Please read the entire Terms of Use carefully before using the Sites.

  1. Acceptable Use

In order to use the Sites, you must obtain access to the Internet directly or through devices that access web-based content and pay any and all service fees, if any, associated with such access.  In addition, you agree not to: (1) use or access the Sites for any purpose that is unlawful or prohibited by this Agreement; (2) use or access the Sites in a manner that could damage, disable, overburden, or impair the server hosting the Sites or the networks connected to any server hosting the Sites; (3) interfere with any third party’s use and enjoyment of the Sites; or (4) attempt to gain unauthorized access to information, accounts, computer systems or networks retained on or connected to any server hosting the Sites through hacking, password mining or any other means.

1.1       Use License

Subject to your compliance with these Terms of Use, we and/or our content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Sites.  You agree that you are only authorized to visit, view and to retain a single copy of pages of the Sites solely for your own individual, non-commercial use, provided that: (a) you keep intact all legal notices, credits, copyright, and other proprietary notices; (b) you do not use the materials in a manner that suggests an association with any of our services; (c) you make no modifications to the materials; and (d) you shall not duplicate, download, publish, modify or otherwise distribute any material on the Sites for any purpose other than for your own individual use unless otherwise specifically authorized by us.

1.2       Commercial Use

If you wish to link, publish, frame, refer to or provide information about the Sites, any of our trademarks, service marks, logos, copyrighted material, or any other proprietary information (including images, text, page layout, or form) on any website, web page, e-mail address or the like operated by you or your affiliates, or any companies, partnerships, limited liability companies or any other legal entities which you have an ownership or investment interest in, you must first obtain our prior written consent to do so and enter into an agreement with us on terms designated by us.  Contact the Managing Member if you seek to obtain our written permission to access the Sites for commercial purposes.  By “commercial purposes,” we mean any activity by you, on your own behalf or on behalf of anyone else, for consideration.

1.3       Links

Only with our express prior written consent, you may create, post, display, publish or distribute any link from your website to any page of our Sites, provided that you adhere to the following linking policy: (a) any link to our Sites must be a text only link; (b) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with our intellectual property rights, including without limitation, our trademarks, service marks and/or trade dress; (c) you must not “deep link” to the Sites, meaning that you will not create, post, display, publish or distribute any link to any page other than any page of our Sites; (d) you may not use any metatags or any other “hidden text” using our name, trademarks or service marks without our express prior written consent; (e) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with us; (f) when selected by a user, the link must display our Sites as a full-screen and not within a “frame” on the linking website; and (g) we reserve the right to revoke our consent to the link at any time and in our sole discretion.  In the event we revoke our consent to the link, you will promptly remove the link from your website and cease all linking to our Sites.  Other than this limited right to link to any page of our Sites, without our express prior written consent, you may not create, post, display, publish or distribute any link from any website to our Sites, any website which bears any of our trademarks, service marks or trade dress, or any variation thereof or our copyrighted materials, or to any website which refers to our services.

1.4       Security, Cracking and Hacking

You shall not violate or attempt to violate the security of our Sites.  Accordingly, you shall not: (i) access data or materials not intended for you; (ii) log into a server or account which you are not authorized to access; (iii) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (iv) attempt to interfere with service to any user, host or network, including without limitation, via means of submitting a virus to the Sites, or overloading, “flooding,” “mailbombing” or “crashing” the Sites.  Violations of system or network security may result in civil or criminal liability. We reserve the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. You understand that data and communications, including e-mail and other electronic communications, may be accessed by unauthorized third parties when communicated over the Internet. You agree that it is your responsibility, and not ours, to obtain and use third party software products that support encryption and other security protocols compatible with such protocols (if any) that may be used by us from time to time in connection with the Sites.

1.5       Spidering

The use of any tools, programs, robotic algorithms or products to automatically download or “spider” our Sites, or any of the pages of our Sites, infringes on our copyrights.  Do not use any such tools or products on or in connection with our Sites.

1.6       Termination

We may and will terminate your access to, and use of, our Sites immediately, if we believe that your conduct fails to conform with these Terms of Use.  Upon termination of your access to, and use of, our Sites, all rights granted to you under these Terms of Use will cease immediately, and you agree that you will immediately discontinue use of our Sites.  Without limiting our rights and your limitations under these Terms of Use, if you use, or attempt to use our Sites, our name, trademarks, service marks and/or trade dress, or our copyrighted materials for any purpose other than its intended purposes (including without limitation by tampering, hacking, modifying or otherwise corrupting the security or functionality of our Sites), you may also be subject to civil and criminal liability.

  1. Electronic Communications

By visiting the Sites or by sending e-mails to us, you knowingly and voluntarily consent to receive communications from us electronically. We will communicate with you by e-mail or by posted notices on our Sites. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If you would like to opt out of receiving electronic communications from us, you may do so by contacting us at tech@chengcohen.com or by using the unsubscribe functions at the bottom of our communications.

  1. Registration Policy

In order to use certain features of our Sites, such as subscribing to our legal alerts, you may be required to register with us.  When registering, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (such information being “Registration Data”) and (b) promptly update the Registration Data whenever it changes to keep it true, accurate, current, and complete.

You are responsible for maintaining the confidentiality of your Registration Data and for restricting access to your computer. You agree to accept responsibility for all activities performed using your account. If you are under the age of 18, you may use the Sites only with involvement of a parent or guardian.

  1. Reliance on Information Posted; Service Descriptions

The information presented on or through the Sites is made available solely for general information purposes.  We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Sites, or by anyone who may be informed of any of its contents. WITHOUT LIMITING THE FOREGOING, WITH RESPECT TO ANY SERVICES THAT ARE DISPLAYED ON OUR SITES, WE DO NOT WARRANT THAT SERVICE DESCRIPTIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. However, we attempt to be as accurate as possible.

  1. Revisions to Sites and Changes to Terms of Use

We may, at any time, for any reason, update, revise, or modify the Terms of Use or make changes to the materials contained on the Sites without notice to you. We recommend that you periodically review the Terms of Use for changes. Your continued use of these Sites after changes are posted constitutes your continued agreement to the then-current Terms of Use.

  1. External Links

The Sites may contain links to third-party websites. Such links are provided for convenience only. These third-party websites are not under our control and we are not responsible for the content, accuracy, or reliability of any information contained within such websites. The inclusion of any link does not imply our endorsement or any association with the operators of the Sites or the content presented. Use of any linked website is at your own risk. Please review the privacy policies and terms of use posted on each website that you may link to from our Sites. The Terms of Use apply only to our Sites. We reserve the right to remove any link from any of our Sites, at any time, without notice to you.

  1. Intellectual Property Rights; Submitted Content

7.1       Our Copyrights.

All content included in or made available through any of the Sites, such as text, graphics, logos, button icons, images, audio clips, digital downloads, streaming content, data compilations, and software is our property and is protected by United States and international copyright laws. The compilation of all content included in or made available through any of the Sites is our exclusive property and is protected by U.S. and international copyright laws.

7.2       Our Trademarks.

We own several trademarks, service marks, graphics, logos, page headers, button icons, scripts, and trade and service names included in or made available through any of the Sites that are trademarks, service marks and/or trade dress of Cheng Cohen.  You may not use our trademarks, service marks or trade dress unless you have our express prior written consent to do so. All other trademarks, service marks or trade dress not owned by us that appear in any of the Sites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

7.3       Your Content.

In the event our Sites allow you to contribute content, suggestions, ideas, comments, questions or other electronic information (collectively, “Content”) to us through our Sites, and you do so, your Content will be allowed on our Sites so long as your Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your Content. We reserve the right (but not the obligation) to remove or edit your Content.

If you do contribute Content, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such Content throughout the world in any media now existing or hereinafter developed. You grant us and any sublicensees the right to use the name that you submit in connection with such Content, if we or they choose. You represent and warrant that you own or otherwise control all of the rights to the Content that you contribute; that the Content is accurate; that use of the Content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify us for all claims resulting from the Content you supply. We have the right but not the obligation to monitor, edit, or remove any activity or Content. We take no responsibility and assume no liability for any Content contributed by you or any third party.

  1. Copyright Infringement Notification Process

If you are an intellectual property rights owner or an agent thereof and believe that any content included on the Sites infringes upon your intellectual property right, please submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing the following information in writing (see 17 U.S.C. §512(c)(3) for further details):

  • A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description to identify the copyrighted work that you claim has been infringed upon;
  • A description of the material on the Sites that you claim is infringing;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Such information should be sent to tech@chengcohen.com or to the address provided in Section 18 of these Terms of Use.  You acknowledge that if you fail to comply with all of the requirements set forth above, your DMCA notice may not be valid.

  1. Disclaimer of Warranties

WHILE WE USE REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THE SITES, WE MAKE NO REPRESENTATIONS AS TO THE ACCURACY, QUALITY, TIMELINESS, AVAILABILITY, OR COMPLETENESS OF THE INFORMATION, DOCUMENTS, CONTENT OR OTHER MATERIALS AVAILABLE ON THE SITES, AND YOU SHOULD NOT RELY UPON THEM. WE CANNOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SITES WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND MAINTAIN A MEANS EXTERNAL TO OUR SITES FOR THE RECONSTRUCTION OF LOST DATA. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITES OR ANY OF OUR SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON ANY OF OUR SITES, OR ON ANY WEBSITE LINKED TO ANY SITE.

WE PROVIDE THE SITES ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER US, NOR OUR MEMBERS, MANAGERS, EMPLOYEES, OR AGENTS MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITES OR ANY OF OUR SERVICES PROVIDED ON OR THROUGH THE SITES. WITHOUT LIMITING THE FOREGOING, NEITHER US NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE SITES, OUR CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITES OR THE SERVER THAT MAKES THE SITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

  1. Limitation of Liability

IN NO EVENT WILL WE OR OUR MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, OR SERVICE PROVIDERS BE LIABLE FOR DAMAGE OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITES, ANY WEBSITE LINKED TO ANY OF THE SITES, ANY CONTENT ON THE SITES OR SUCH OTHER WEBSITES OR ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, EVEN IF KNOWN TO US AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY THAT MAY RESULT FROM ITS USE. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. NO WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS OF USE WILL BE VALID. IF ANY OF THE ABOVE PROVISIONS ARE VOID UNDER GOVERNING LAW, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

  1. Indemnification

You agree to indemnify, defend and hold harmless, us and our members, managers, officers, employees, agents, licensors, licensees, representatives, and third party providers, from and against all claims, liabilities, losses, expenses, damages, judgments, awards, fees and costs (including reasonable attorneys’ fees), arising out of or relating to your violation of these Terms of Use or any other actions connected with your use of the Sites or the services offered on or through the Sites.

  1. Governing Law and Jurisdiction

These Terms of Use, and any dispute arising under or related to these Terms of Use (whether for breach of contract, tortious conduct or otherwise) will be governed by, and construed in accordance with, the laws of the State of Illinois disregarding any conflict of law provisions.  You and we agree to submit to the personal and exclusive jurisdiction of the courts located in Illinois.  You acknowledge that monetary damages for a breach of these Terms of Use may be inadequate; therefore, we are entitled to seek equitable relief, including injunctive relief against you, in addition to all other remedies.

  1. Assignability

We may assign our rights and delegate our duties under these Terms of Use either in whole or in part at any time without notice. You may not assign, sublicense or otherwise transfer your rights or obligations, in whole or in part, under these Terms of Use to anyone else without our prior written consent.

  1. Relationship

This Agreement neither establishes an attorney-client relationship nor a relationship of partnership, joint venture, employment or agency between you and us.

  1. General Terms and Conditions Applicable to Use of the Site

These Terms of Use constitute the sole and entire agreement between you and us with respect to the Sites and supersede all prior or contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Sites.  These Terms of Use do not modify, revise or amend the terms of any other agreements you may have with us.

Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect.

  1. Dispute Resolution

If a dispute arises out of or relates to these Terms of Use or its breach (with the exception of rights to injunctive or equitable relief with respect to intellectual property rights and obligations with respect to confidentiality), the dispute shall be resolved in binding arbitration in accordance with the following procedures: (i) the dispute must be resolved by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, (ii) any judgment on the award rendered by the arbitrator(s) may be entered in any court of competent jurisdiction, (iii) the location of the arbitration shall be in Chicago, Illinois, and (iv) any such controversy or claim shall be arbitrated on an individual basis, and shall not be commenced, conducted or consolidated in with any claim or controversy of any other party. Notwithstanding the foregoing, we may seek injunctive or equitable relief with respect to intellectual property rights and any confidentiality obligations, in any court having proper jurisdiction, and you consent to exclusive jurisdiction and venue in such courts.

  1. Class Action Waiver

ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OF USE WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND A PROCEEDING BETWEEN US AND OUR MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES, ON THE ONE HAND, AND YOU, ON THE OTHER HAND, MAY NOT BE: (I) CONDUCTED ON A CLASS-WIDE BASIS; OR (II) COMMENCED, CONDUCTED OR CONSOLIDATED WITH ANY OTHER PROCEEDING.

  1. Your Comments and Concerns

If you have any questions or concerns regarding these Terms of Use, please contact us by phone at 312-243-1701, by e-mail at tech@chengcohen.com, or by mail at 311 N. Aberdeen St., Suite 400, Chicago, IL 60607.

Last updated on December 31, 2018.