TERMS OF SERVICE AND PRIVACY POLICY
TOWER DIGITAL, LLC dba ATTORNEY WEB DESIGN Effective Date: July 30, 2025 INTRODUCTION AND ACCEPTANCE OF TERMS These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and Tower Digital, LLC dba Attorney Web Design ("Attorney Web Design," "we," "us," or "our").
By engaging our services, accessing our website, submitting payment, or using any services provided by Attorney Web Design, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety.
PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE OUR SERVICES. SERVICES Attorney Web Design provides specialized digital marketing and web development services to attorneys, law firms, and legal professionals, including but not limited to: Attorney website design and development with bar compliance features Legal industry-specific website hosting and maintenance Attorney advertising and marketing services compliant with professional responsibility rules Legal industry social media marketing and reputation management Search engine optimization (SEO) for law firms Google Business Profile Management, Google Ads, and other paid advertising management for attorneys Attorney directory management and online presence optimization Legal content creation and compliance review Bar-compliant website disclaimer and ethics compliance consulting Multi-state attorney advertising compliance services Any other digital services as agreed upon in writing
The specific services to be provided to Client will be outlined in a separate Service Agreement, Statement of Work, or other documentation provided by Attorney Web Design.
3: PAYMENT TERMS
3.1 Fees and Payment Client agrees to pay all fees as specified in the applicable Service Agreement, invoice, or other documentation provided by Attorney Web Design. All payments are due upon receipt of invoice unless otherwise specified in writing.
3.2 Non-Refundable Payments ALL PAYMENTS TO ATTORNEY WEB DESIGN ARE NON-REFUNDABLE. This includes, but is not limited to, all deposits, setup fees, design fees, development fees, hosting fees, maintenance fees, and monthly subscription fees. No refunds will be provided under any circumstances, including but not limited to Client dissatisfaction, change of business direction, or termination of services.
3.3 Late Payments Payments received more than ten (5) days after the due date will incur a late fee of fifty dollars ($50.00 USD). If payment is not received within fifteen (15) days of the due date, services may be suspended, and a reactivation fee of two hundred dollars ($200.00 USD) will apply in addition to all outstanding balances. Client agrees that Attorney Web Design is not responsible for any consequences arising from such suspension, including but not limited to loss of business, revenue, or data.
3.4 Taxes All fees are exclusive of applicable federal, state, local, and foreign taxes, which are the sole responsibility of Client.
4: TERM AND TERMINATION
4.1 Term The initial term of service shall begin on the date specified in the Service Agreement and shall continue until terminated in accordance with these Terms.
4.2 Unless otherwise specified in service agreement, either party may terminate services by providing thirty (30) days' written notice to the other party. Client must send termination notices to support@towerdigital.org.
Attorney Web Design may send termination notices to the email address on file for Client. Notwithstanding the foregoing, Attorney Web Design reserves the right to terminate services immediately and without notice in the event of Client's breach of these Terms.
4.3 Effect of Termination Upon termination of services for any reason:
All outstanding balances become immediately due and payable All licenses granted to Client shall immediately terminate Attorney Web Design may immediately cease providing all services Client shall not be entitled to any refund of any kind Client shall not receive any website files, code, content, or other deliverables unless specifically agreed to in writing by Attorney Web Design prior to termination Client shall immediately cease using any materials, content, or intellectual property owned by Attorney Web Design
5. OWNERSHIP AND INTELLECTUAL PROPERTY
5.1 Attorney Web Design Ownership ATTORNEY WEB DESIGN RETAINS EXCLUSIVE OWNERSHIP OF ALL INTELLECTUAL PROPERTY RIGHTS, including but not limited to all designs, graphics, code, content, photographs, videos, written materials, business strategies, marketing plans, software, scripts, processes, and other materials created or provided by Attorney Web Design in connection with the services. Client acknowledges that no transfer of ownership of any intellectual property occurs under these Terms.
5.2 Limited License Attorney Web Design grants Client a limited, non-exclusive, non-transferable, revocable license to use the materials created by Attorney Web Design solely in connection with the services provided by Attorney Web Design and only for the duration that Client continues to engage and pay for Attorney Web Design's services.
5.3 Website and Content Restrictions Client acknowledges and agrees that:
The website, including all code, content, and design elements, cannot be transferred or migrated to another hosting service Client may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from or created by Attorney Web Design without prior written consent Client may not attempt to decompile, reverse engineer, or disassemble any code or software contained in or obtained through Attorney Web Design's services
5.4 Client Materials Client grants Attorney Web Design a perpetual, worldwide, royalty-free license to use, reproduce, modify, and display any materials provided by Client for the purpose of providing the services. Client represents and warrants that it has all necessary rights to grant this license.
6: ATTORNEY ADVERTISING AND PROFESSIONAL RESPONSIBILITY COMPLIANCE
6.1 Legal Industry Regulatory Requirements Client acknowledges that as an attorney or law firm, Client is subject to professional responsibility rules including but not limited to ABA Model Rules of Professional Conduct Rules 7.1-7.3 (Communications Concerning a Lawyer's Services), state bar advertising regulations, ethics rules regarding attorney-client communications, confidentiality obligations under Rule 1.6, and various state-specific attorney advertising requirements.
6.2 Client Responsibility for Regulatory Compliance CLIENT BEARS SOLE RESPONSIBILITY FOR ENSURING COMPLIANCE WITH ALL APPLICABLE ATTORNEY ADVERTISING RULES, PROFESSIONAL RESPONSIBILITY REGULATIONS, STATE BAR REQUIREMENTS, AND ETHICS OBLIGATIONS.
This includes but is not limited to:
Obtaining all required pre-approvals for attorney advertising where mandated by state law Including all required disclaimers, labels, and disclosures on websites and marketing materials Ensuring all communications are truthful and not misleading under applicable professional responsibility rules Complying with solicitation restrictions and client communication regulations Filing required documents with state bars where mandated Maintaining required records and documentation as specified by applicable regulations
6.3 Notification of Special Requirements CLIENT MUST NOTIFY ATTORNEY WEB DESIGN IN WRITING OF ANY SPECIFIC REGULATORY REQUIREMENTS, STATE-SPECIFIC COMPLIANCE OBLIGATIONS, OR PROFESSIONAL RESPONSIBILITY RULES THAT MAY AFFECT THE SERVICES. Such notification must occur within five (5) business days of engagement and immediately upon Client becoming aware of any new or changed requirements during the term of service.
6.4 Disclaimer Regarding Legal Advice Attorney Web Design does not provide legal advice regarding attorney advertising compliance, professional responsibility rules, or ethics regulations. Client is advised to consult with ethics counsel or appropriate professional responsibility authorities regarding compliance requirements.
7: WEBSITE HOSTING AND MAINTENANCE
7.1 Hosting Services If hosting services are provided, Attorney Web Design will make reasonable efforts to ensure website availability. However, Attorney Web Design does not guarantee uninterrupted or error-free operation of hosting services. Attorney Web Design reserves the right to temporarily suspend hosting services for maintenance purposes, to make modifications to the hosting platform, or for any other reason deemed necessary by Attorney Web Design.
7.2 Website Content and Updates Attorney Web Design shall have sole discretion and control over website design, functionality, and content updates. Client may request changes or updates, but Attorney Web Design reserves the right to determine whether such changes will be implemented and the timeline for implementation.
7.3 Non-Transferability THE WEBSITE CANNOT BE TRANSFERRED OR MIGRATED TO ANOTHER HOSTING SERVICE under any circumstances. The website and all its components are designed specifically for Attorney Web Design's hosting environment, and Attorney Web Design retains exclusive ownership of all website files, code, databases, and content.
8: ENHANCED CONFIDENTIALITY AND ATTORNEY-CLIENT PRIVILEGE PROTECTION
8.1 Recognition of Attorney-Client Privilege Attorney Web Design acknowledges that Client may provide information that is subject to attorney-client privilege, work product doctrine, or other professional confidentiality obligations. Attorney Web Design agrees to maintain the confidentiality of such information in accordance with the highest standards applicable to the legal profession.
8.2 Confidentiality Obligations Attorney Web Design agrees to:
Implement appropriate safeguards to protect all Client information from unauthorized disclosure Limit access to Client information to employees with a legitimate need to know Require all employees with potential access to Client information to sign confidentiality agreements Maintain secure systems for storage and transmission of all Client data Immediately notify Client of any suspected or actual breach of confidentiality Return or destroy all confidential information upon termination of services
8.3 Restriction on Use of Client Information Attorney Web Design shall not use any information about Client's cases, clients, legal matters, or business operations for marketing purposes, case studies, portfolio examples, or any other public disclosure without explicit written consent from Client and, where applicable, Client's clients.
8.4 HIPAA Compliance for Medical-Legal Matters Where Client handles medical-legal cases or other matters involving protected health information (PHI), Attorney Web Design agrees to comply with applicable HIPAA requirements and execute a Business Associate Agreement if required.
9: DATA SECURITY AND TECHNOLOGY SAFEGUARDS
9.1 Security Measures Attorney Web Design implements industry-standard security measures including but not limited to:
End-to-end encryption for all attorney-client communications Secure client portals with multi-factor authentication Regular security audits and vulnerability assessments Employee background checks and security training Secure data backup and recovery procedures Network security monitoring and intrusion detection
9.2 Data Breach Notification In the event of any actual or suspected data breach involving Client information, Attorney Web Design will notify Client within twenty-four (24) hours of discovery and provide all information necessary for Client to comply with applicable data breach notification laws.
9.3 Compliance Certifications Attorney Web Design maintains appropriate security certifications and regularly undergoes third-party security assessments to ensure compliance with legal industry data security standards.
10: CONFLICTS OF INTEREST MANAGEMENT
10.1 Conflict Identification Attorney Web Design maintains procedures to identify potential conflicts of interest when serving multiple law firms and will notify Client of any actual or potential conflicts that may arise during the engagement.
10.2 Information Barriers Where necessary to manage conflicts between law firm clients, Attorney Web Design implements appropriate information barriers including separate project teams, confidential file management, and restricted access controls.
10.3 Client Disclosure Client agrees to notify Attorney Web Design of any law firms or attorneys with whom Client has an adverse relationship or potential conflict of interest that may affect Attorney Web Design's ability to provide services.
11: CLIENT RESPONSIBILITIES
11.1 Cooperation and Information Client agrees to provide timely and accurate information, materials, and feedback as reasonably requested by Attorney Web Design to perform the services. Delays in providing such information may result in delays in service delivery, for which Attorney Web Design shall not be liable.
11.2 Compliance with Laws and Professional Rules Client agrees to use Attorney Web Design's services in compliance with all applicable laws, regulations, professional responsibility rules, and industry standards. Client shall not use Attorney Web Design's services for any illegal, harmful, fraudulent, or objectionable purpose or in any manner that violates applicable attorney advertising or professional responsibility rules.
11.3 Account Security Client is responsible for maintaining the confidentiality of any account credentials provided by Attorney Web Design and for all activities that occur under Client's account. Client agrees to immediately notify Attorney Web Design of any unauthorized use of Client's account or any other breach of security.
11.4 Professional Supervision Client acknowledges responsibility for appropriate supervision of Attorney Web Design's services in accordance with applicable professional responsibility rules, including providing clear instructions regarding permitted activities and ensuring compliance with applicable ethical requirements.
12: REPRESENTATIONS AND WARRANTIES
12.1 Client Warranties Client represents and warrants that:
It has the legal authority to enter into this agreement All information provided to Attorney Web Design is accurate and complete It owns or has proper license to all materials provided to Attorney Web Design Its use of Attorney Web Design's services will not violate any applicable laws, professional responsibility rules, or third-party rights It is licensed to practice law in all jurisdictions where Attorney Web Design's services will be used It will comply with all applicable attorney advertising and professional responsibility requirements
12.2 Disclaimer of Warranties EXCEPT AS EXPRESSLY PROVIDED HEREIN, ATTORNEY WEB DESIGN'S SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ATTORNEY WEB DESIGN DOES NOT WARRANT THAT THE SERVICES WILL MEET CLIENT'S REQUIREMENTS, THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
12.3 No Guarantee of Results Except as specifically provided in Section 12.4 below, Attorney Web Design does not guarantee any specific results from the use of its services, including but not limited to increased traffic, leads, clients, or revenue. All projections or estimates provided by Attorney Web Design are for informational purposes only and should not be relied upon as guarantees of future performance.
12.4 Limited ROI Guarantee for Qualifying Marketing Packages
12.4.1 Guarantee Terms For clients enrolled in Attorney Web Design's Associate ($297), Partner ($797), or Principal ($1797) marketing packages (the "Qualifying Packages"), Attorney Web Design offers a limited Return on Investment (ROI) guarantee subject to the strict conditions set forth in this Section 12.4.
12.4.2 Guarantee Promise If Client does not achieve measurable positive ROI within ninety (90) days of service commencement AND Client has fully complied with all conditions set forth in Section 12.4.3, Attorney Web Design will continue providing services at no additional charge for a period not to exceed an additional ninety (90) days (the "Extended Service Period").
12.4.3 Client Compliance Requirements The guarantee in Section 12.4.2 is conditioned upon Client's strict compliance with ALL of the following requirements throughout the initial 90-day period and any Extended Service Period:
LEAD RESPONSE REQUIREMENT: Client must respond to all new inquiries generated through Attorney Web Design's services within one (1) hour during regular business days (Monday through Friday, 9:00 AM to 5:00 PM Client's local time); FOLLOW-UP COMPLIANCE: Client must follow up with all prospects according to the specific system and timeline provided by Attorney Web Design; IMPLEMENTATION REQUIREMENT: Client must implement all website modifications, process improvements, and recommendations provided by Attorney Web Design within the timeframes specified by Attorney Web Design; COMMUNICATION REQUIREMENT: Client must provide detailed monthly feedback to Attorney Web Design regarding lead quality, conversion rates, and campaign performance, including but not limited to providing access to Client's case management system data, conversion tracking information, and revenue attribution data; COOPERATION REQUIREMENT: Client must provide all requested information, materials, and access necessary for Attorney Web Design to perform optimization and analysis; EXCLUSIVITY REQUIREMENT: Client may not engage any other digital marketing provider for competing services during the guarantee period without written consent from Attorney Web Design; COMPLIANCE MONITORING CONSENT: Client expressly consents to Attorney Web Design conducting compliance verification activities during the guarantee period and any Extended Service Period, including but not limited to quality assurance testing of Client's lead response procedures through test inquiries submitted by Attorney Web Design or its agents.
12.4.4 Monitoring and Verification Procedures 12.4.4.1 TRACKING PHONE NUMBERS: During any guarantee claim period, Attorney Web Design reserves the right to replace Client's direct phone number on all website pages and marketing materials with Attorney Web Design's tracking phone numbers to monitor lead response compliance and call volume verification. All calls received on tracking numbers will be immediately forwarded to Client's designated number. Tracking numbers are used solely for lead verification and response time monitoring purposes.
12.4.4.2 COMPLIANCE TESTING: Attorney Web Design may conduct periodic compliance verification through test inquiries, including but not limited to submitting contact forms, making phone calls, or sending emails to verify Client's response time and follow-up procedures. Client agrees that such testing activities are legitimate business purposes and consents to such monitoring.
12.4.4.3 DOCUMENTATION REQUIREMENTS: Client must maintain detailed records of all lead interactions, including timestamps of initial contact, follow-up communications, and outcome tracking. Attorney Web Design may request access to such records at any time during the guarantee period.
12.4.5 ROI Measurement and Verification 12.4.5.1 ROI will be calculated as: (Revenue Attributable to Attorney Web Design Services minus Attorney Web Design Service Fees) divided by Attorney Web Design Service Fees.
12.4.5.2 Revenue attribution must be verified through Client's case management system, client intake records, or other documentation acceptable to Attorney Web Design in its sole discretion.
12.4.5.3 Only revenue from new clients directly attributable to Attorney Web Design's marketing efforts will be counted toward ROI calculation.
12.4.5.4 Attorney Web Design reserves the right to verify all revenue claims and may require supporting documentation including but not limited to retainer agreements, fee agreements, and payment records.
12.4.6 Limitations and Exclusions The guarantee in Section 12.4.2 is subject to the following limitations:
MAXIMUM DURATION: The total period of free services (Extended Service Period) shall not exceed ninety (90) days regardless of ROI achievement;
TERMINATION RIGHT: Attorney Web Design may, in its sole discretion, terminate the guarantee and end the Extended Service Period at any time by providing thirty (30) days' written notice to Client; NO CASH REFUNDS: The guarantee does not include any cash refunds or credits toward future services;
COMPLIANCE BREACH: Any failure by Client to comply with the requirements in Section 12.4.3 immediately voids the guarantee; FORCE MAJEURE: The guarantee is suspended during any force majeure events affecting Attorney Web Design's ability to provide services;
MARKET CONDITIONS: The guarantee does not apply if Attorney Web Design determines, in its reasonable judgment, that market conditions, algorithm changes, or other factors beyond Attorney Web Design's control prevent achievement of positive ROI.
12.4.7 Disclaimer of Other Guarantees EXCEPT FOR THE LIMITED GUARANTEE SET FORTH IN THIS SECTION 12.4, ATTORNEY WEB DESIGN MAKES NO GUARANTEES, WARRANTIES, OR REPRESENTATIONS REGARDING RESULTS, PERFORMANCE, OR OUTCOMES OF ANY KIND.
12.4.8 Integration with Indemnification Client's indemnification obligations under Section 13 remain in full force and effect during any Extended Service Period, and Client specifically agrees to indemnify Attorney Web Design for any claims arising from Client's use of services provided during the Extended Service Period.
13: INDEMNIFICATION AND HOLD HARMLESS PROVISIONS
13.1 Client Indemnification of Attorney Web Design Client agrees to defend, indemnify, and hold harmless Tower Digital, LLC dba Attorney Web Design, its owners, officers, directors, employees, agents, contractors, volunteers, affiliates, successors, and assigns from and against any and all claims, demands, actions, suits, proceedings, investigations, liabilities, damages, losses, costs, expenses, and attorneys' fees (collectively, "Claims") arising from or relating to:
Client's failure to comply with any attorney advertising rules, professional responsibility regulations, or ethics requirements in any jurisdiction Any content, statements, representations, or omissions in Client-provided materials that violate professional responsibility rules or create liability under attorney advertising regulations Client's failure to obtain required approvals, registrations, or filings with state bars or regulatory authorities where mandated Any misrepresentations regarding Client's services, experience, results, or qualifications Client's failure to include required disclaimers, disclosures, or labeling on websites or marketing materials Any violation of attorney-client confidentiality or privilege resulting from Client's actions or omissions Client's failure to comply with state-specific attorney advertising requirements after being notified of such requirements Any unauthorized practice of law or provision of legal advice through Client's website or marketing materials Client's violation of solicitation rules or creation of unauthorized attorney-client relationships through marketing activities Any violation of data protection, privacy, or security laws related to Client's handling of client information Client's use of Attorney Web Design's services in violation of any applicable law, regulation, or professional rule Any claim that Client's activities or content infringed third-party intellectual property rights Client's failure to supervise Attorney Web Design's services in accordance with applicable professional responsibility requirements
13.2 Regulatory Compliance Indemnification WITHOUT LIMITING THE GENERALITY OF SECTION 13.1, Client specifically agrees to indemnify, defend, and hold harmless Attorney Web Design from any Claims arising from:
Violations of any attorney advertising or marketing regulations in any jurisdiction where Client practices or advertises Failure to comply with ABA Model Rules of Professional Conduct or any state-specific professional responsibility rules Non-compliance with confidentiality obligations under Rule 1.6 or equivalent state provisions Violations of Rules 7.1, 7.2, or 7.3 of the ABA Model Rules of Professional Conduct or equivalent state rules Any regulatory investigation, disciplinary action, or professional responsibility proceeding related to Client's use of Attorney Web Design's services Failure to comply with technology competence requirements under Rule 1.1 or equivalent state provisions Any violation of conflict of interest rules resulting from Client's failure to disclose relevant information to Attorney Web Design
13.3 Third-Party Claims Indemnification Client agrees to indemnify, defend, and hold harmless Attorney Web Design from any Claims brought by:
Current or former clients of Client arising from Client's use of Attorney Web Design's services Regulatory authorities, state bars, or professional responsibility agencies Competing law firms or attorneys claiming unfair competition or false advertising Any third party claiming violation of privacy, confidentiality, or privilege Any person or entity claiming defamation, libel, or slander based on Client's content or materials
13.4 Defense Obligations Client's duty to defend Attorney Web Design includes the obligation to:
Assume the defense of any Claim promptly upon notice from Attorney Web Design Engage competent legal counsel acceptable to Attorney Web Design Keep Attorney Web Design informed of all significant developments in the defense Obtain Attorney Web Design's written consent before entering into any settlement Pay all costs and expenses of defense, including attorneys' fees, expert witness fees, and court costs
13.5 Indemnification Procedures When seeking indemnification, Attorney Web Design will:
Provide prompt written notice to Client of any Claim Cooperate reasonably with Client in the defense of any Claim Allow Client to control the defense and settlement of any Claim, subject to Attorney Web Design's consent for settlements
13.6 Survival of Indemnification The indemnification obligations set forth in this Section 13 shall survive termination of these Terms and continue indefinitely, provided that Attorney Web Design provides notice of any Claim within three (3) years of becoming aware of such Claim.
14: LIMITATION OF LIABILITY
14.1 Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ATTORNEY WEB DESIGN, ITS OWNERS, AGENTS, EMPLOYEES, CONTRACTORS, VOLUNTEERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICES.
14.2 Maximum Liability ATTORNEY WEB DESIGN'S TOTAL LIABILITY TO CLIENT FOR ANY CLAIM ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNTS PAID BY CLIENT TO ATTORNEY WEB DESIGN DURING THE CURRENT BILLING CYCLE IN WHICH THE ALLEGED BREACH OCCURRED.
14.3 Exceptions to Limitation The liability limitations in this Section 14 shall not apply to:
Attorney Web Design's gross negligence or willful misconduct Breaches of confidentiality obligations under Section 8 Unauthorized disclosure of attorney-client privileged information Violations of applicable data security requirements
14.4 Time Limitation Any cause of action or claim Client may have arising out of or relating to these Terms or the services must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action or claim is permanently barred.
15: DISPUTE RESOLUTION
15.1 Governing Law These Terms shall be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any principles of conflicts of law.
15.2 Jurisdiction and Venue ANY LITIGATION ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL BE BROUGHT EXCLUSIVELY IN THE COURTS LOCATED IN MCHENRY COUNTY, ILLINOIS, and the parties irrevocably consent to the personal jurisdiction and venue of these courts.
15.3 Alternative Dispute Resolution Before filing any legal action, the parties agree to attempt in good faith to resolve any dispute through negotiation. If negotiation fails, the parties agree to submit the dispute to mediation before an impartial mediator located in McHenry County, Illinois. The costs of mediation shall be shared equally by the parties.
15.4 Attorneys' Fees In the event of any dispute arising out of or relating to these Terms or the services, the prevailing party shall be entitled to recover its reasonable attorneys' fees, costs, and expenses.
16: CONFIDENTIALITY
16.1 Definition "Confidential Information" means any non-public information disclosed by either party to the other party, either directly or indirectly, in writing, orally, or by inspection of tangible items, including but not limited to attorney-client privileged communications, work product, business plans, client lists, financial information, marketing strategies, case information, and proprietary technology.
16.2 Obligations Each party agrees to:
Hold the other party's Confidential Information in strict confidence Not disclose such Confidential Information to any third party without written consent Use the Confidential Information only for the purpose of performing obligations or exercising rights under these Terms Take reasonable measures to protect the secrecy of and avoid disclosure and unauthorized use of the Confidential Information Implement appropriate safeguards for attorney-client privileged information
16.3 Enhanced Protection for Legal Information With respect to any information that may be subject to attorney-client privilege or work product protection:
Attorney Web Design acknowledges the privileged nature of such information Access will be limited to employees with signed confidentiality agreements and legitimate need to know Such information will be clearly marked and segregated from other confidential information Additional security measures will be implemented as appropriate for the sensitivity of such information
16.4 Exclusions Confidential Information shall not include information that:
Was in the public domain at the time of disclosure Becomes part of the public domain after disclosure through no fault of the receiving party Was known to the receiving party prior to disclosure Is lawfully obtained by the receiving party from a third party without restriction on disclosure
17: ADDITIONAL PROVISIONS FOR LEGAL INDUSTRY SERVICES
17.1 Bar Compliance Monitoring Attorney Web Design will make reasonable efforts to stay informed of changes to attorney advertising rules and professional responsibility requirements but makes no warranty regarding the completeness or accuracy of such information. Client remains solely responsible for monitoring and complying with all applicable regulations.
17.2 Content Approval and Review All website content, marketing materials, and advertising copy will be submitted to Client for review and approval. Client has five (5) business days to review and approve or request changes. Failure to respond within this timeframe constitutes approval. Attorney Web Design reserves the right to refuse to publish content that, in its reasonable judgment, may violate attorney advertising rules or professional responsibility requirements.
17.3 Required Disclaimers and Disclosures Attorney Web Design will include standard attorney website disclaimers but Client is responsible for ensuring all required state-specific disclaimers, disclosures, and labeling requirements are included. Client must provide Attorney Web Design with any specific disclaimer language required by applicable regulations.
17.4 Multi-State Practice Considerations For attorneys practicing in multiple states, Client must notify Attorney Web Design of all jurisdictions where Client is licensed and identify any state-specific requirements that may affect website content or marketing materials.
17.5 Continuing Legal Education Attorney Web Design may provide general information about attorney advertising compliance but such information does not constitute legal advice or satisfy any continuing legal education requirements regarding technology competence or professional responsibility.
18: PRIVACY POLICY
18.1 Information Collection and Use Attorney Web Design collects and uses personal information for the following purposes:
To provide and maintain our services to legal professionals To notify you about changes to our services To provide customer support and technical assistance To gather analysis or valuable information so that we can improve our legal industry services To monitor the usage of our services To detect, prevent and address technical issues To comply with legal obligations and professional responsibility requirements To fulfill any other purpose for which you provide it.
The types of information we may collect include:
Attorney contact information (name, email address, phone number, mailing address, bar numbers) Law firm billing information (credit card information, billing address) Website usage data (IP address, browser type, pages visited) Communication data (emails, phone calls, chat messages) Legal practice information (practice areas, jurisdictions, client types) Content and materials you provide to us for website development and marketing
18.2 Information Sharing and Disclosure Attorney Web Design may disclose your personal information in the following situations: To comply with a legal obligation or court order. To protect and defend the rights or property of Attorney Web Design To prevent or investigate possible wrongdoing in connection with the services. To protect the personal safety of users of the services or the public To protect against legal liability. To service providers who perform services on our behalf and have signed appropriate confidentiality agreements In connection with a merger, sale, or acquisition of all or a portion of our business With your explicit written consent
18.3 Enhanced Security for Legal Industry Data Attorney Web Design takes enhanced security measures to protect attorney and law firm information, including:
Implementation of attorney-client privilege protections Enhanced encryption for all legal industry client data Restricted access controls for legal industry information Regular security audits by third-party firms specializing in legal industry requirements Compliance with applicable data security standards for the legal profession
18.4 Data Retention Attorney Web Design will retain your personal information only for as long as is necessary for the purposes set out in this Privacy Policy or as required by applicable legal or professional responsibility requirements.
18.5 Third-Party Services Attorney Web Design may use third-party services to facilitate our services, provided such third parties agree to appropriate confidentiality and security measures consistent with legal industry requirements.
18.6 Your Rights Depending on your location, you may have certain rights regarding your personal information. To exercise any of these rights, please contact us at support@towerdigital.org.
18.7 Children's Privacy The services are not intended for use by individuals under the age of 18. Attorney Web Design does not knowingly collect personally identifiable information from children under 18.
19: GENERAL PROVISIONS
19.1 Entire Agreement These Terms, together with any Service Agreement or other documentation provided by Attorney Web Design, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether oral or written.
19.2 Severability If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.
19.3 No Waiver Attorney Web Design's failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Attorney Web Design.
19.4 Assignment Client may not assign or transfer these Terms or any rights or obligations hereunder without the prior written consent of Attorney Web Design. Attorney Web Design may assign or transfer these Terms without restriction.
19.5 Force Majeure Attorney Web Design shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
19.6 Notices All notices to Attorney Web Design must be sent in writing to support@towerdigital.org or to such other address as Attorney Web Design may designate. Notices to Client may be sent to the email address on file.
19.7 Independent Contractor Attorney Web Design is an independent contractor, and nothing in these Terms shall be construed as creating an employer-employee relationship, partnership, joint venture, or agency relationship between the parties.
19.8 Survival Sections 3 (Payment Terms), 5 (Ownership and Intellectual Property), 8 (Enhanced Confidentiality), 12 (Representations and Warranties), 13 (Comprehensive Indemnification), 14 (Limitation of Liability), 15 (Dispute Resolution), 16 (Confidentiality), and any other provisions that by their nature should survive termination shall survive the termination of these Terms.
19.9 Electronic Signature Client's payment for services, use of services, or acknowledgment via email or other electronic means shall constitute electronic signature and acceptance of these Terms.
19.10 Changes to Terms Attorney Web Design reserves the right to modify these Terms at any time without prior notice. Updated Terms will be posted on our website, and Client's continued use of our services after such changes constitutes acceptance of the modified Terms.
By engaging Attorney Web Design's services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Privacy Policy.