Privacy Policy and Terms & Conditions

Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You. We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy.

Interpretation And Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:

Account means a unique account created for You to access our Service or parts of our Service.
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to MacCloskey Kesler & Associates.
Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
Country refers to: United States
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Personal Data is any information that relates to an identified or identifiable individual.
Service refers to the Website.
Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Website refers to MacCloskey Kesler & Associates, LLC., accessible from RockfordInjuryLawyer.com.
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Collecting And Using Your Personal Data

Types Of Data Collected

Personal Data While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:

Email address
First name and last name
Phone number
Usage Data

Usage Data Usage Data is collected automatically when using the Service. Usage Data may include information such as Your Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data. When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data. We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.

Tracking Technologies And Cookies

We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service. The technologies We use may include:

Cookies or Browser Cookies. A cookie is a small file placed on Your Device. You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service. Unless you have adjusted Your browser setting so that it will refuse Cookies, our Service may use Cookies.
Flash Cookies. Certain features of our Service may use local stored objects (or Flash Cookies) to collect and store information about Your preferences or Your activity on our Service. Flash Cookies are not managed by the same browser settings as those used for Browser Cookies. For more information on how You can delete Flash Cookies, please read “Where can I change the settings for disabling, or deleting local shared objects?” available at https://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html#main_Where_can_I_change_the_settings_for_disabling__or_deleting_local_shared_objects_
Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).

Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser. Learn more about cookies on the Free Privacy Policy website article. We use both Session and Persistent Cookies for the purposes set out below:

Necessary / Essential Cookies

Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.

Cookies Policy / Notice Acceptance Cookies

Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies identify if users have accepted the use of cookies on the Website.

Functionality Cookies

Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.

For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy or the Cookies section of our Privacy Policy.

Use Of Your Personal Data

The Company may use Personal Data for the following purposes:

To provide and maintain our Service, including to monitor the usage of our Service.
To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
To manage Your requests: To attend and manage Your requests to Us.
For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.

We may share Your personal information in the following situations:

With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.
For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.
With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.
With Your consent: We may disclose Your personal information for any other purpose with Your consent.

Retention Of Your Personal Data

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies. The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

Transfer Of Your Personal Data

Your information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction. Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer. The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

Disclosure Of Your Personal Data

Business Transactions If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy. Law enforcement Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency). Other legal requirements The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

Comply with a legal obligation
Protect and defend the rights or property of the Company
Prevent or investigate possible wrongdoing in connection with the Service
Protect the personal safety of Users of the Service or the public
Protect against legal liability

Security Of Your Personal Data

The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

Children’s Privacy

Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers. If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent’s consent before We collect and use that information.

Links To Other Websites

Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party’s site. We strongly advise You to review the Privacy Policy of every site You visit. We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Changes To This Privacy Policy

We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page. We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the “Last updated” date at the top of this Privacy Policy. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, You can contact us at 815.965-2000.

DISCLAIMER

The information found on this website is for general informational, educational, and advertising purposes only. Any information found on this website does not constitute legal advice or a solicitation of clients, nor does it create an attorney-client relationship between the reader and MacCloskey Kesler & Associates, LLC..

Any case result information provided on any portion of this website should not be understood as a promise of any particular result in a future case because the results obtained in specific cases depend on a variety of factors unique to each case; past case results do not guarantee or predict a similar result in future cases undertaken by MacCloskey Kesler & Associates, LLC..

Professional legal counsel should be sought for specific advice relevant to your circumstances. Do not send any confidential information to our firm until an attorney-client relationship has been established through direct communication with an attorney at MacCloskey Kesler & Associates, LLC., and subsequent mutual written agreement that our representation of you would be appropriate and acceptable.

We have written this “Terms of Use and Privacy Statement” (referred to below as the “Terms of Use”) to outline the conditions under which this website is being made available to you. Read the Terms of Use carefully. By using this Website, you will be deemed to have accepted them. IF you do not accept the Terms of Use, you are directed to discontinue accessing or otherwise using the Website or any materials obtained from it. The bar and our advertising lawyers tell us that we have to make this serious.

Thank you for visiting the Website of MacCloskey Kesler & Associates, LLC.. This Website was created by MacCloskey Kesler & Associates, LLC., so that you could learn more about the legal services that we offer. This is for informational purposes only. None of the information at this Website is intended to constitute, nor does it constitute, legal advice. You should not act or refrain from acting on the basis of any content included in this site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in your state. Each of our attorneys is licensed to practice law only in those jurisdictions listed in the attorney’s biography appearing on this site.

This site is not intended to solicit representation that would constitute the unauthorized practice of law in any jurisdiction.

This Website is not intended to create and does not create an attorney-client relationship between you and MacCloskey Kesler & Associates, LLC.. The only way to become our client is through mutual agreement in a formal letter. The determination of whether you need legal services and your choice of a lawyer are very important matters and should not be based solely on Website information or advertisements. Sites listed as hypertext links herein are not under the control of MacCloskey Kesler & Associates, LLC. and are provided merely as a service. We can make no representation concerning the content of these sites.

AS REQUIRED BY THE ILLINOIS SUPREME COURT RULES OF PROFESSIONAL CONDUCT, PLEASE NOTE THE FOLLOWING: CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE. PRIOR CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY THIS LAW FIRM. WE HAVE NOT INDICATED ANY SETTLEMENT AMOUNTS OR VERDICTS INTENTIONALLY, ON THIS SITE. NO INFORMATION ON THIS SITE IS MEANT TO GUARANTEE REPRESENTATION OR RESULTS. HOWEVER, WE DO HOPE THAT IT WILL GIVE YOU SOME INDICATION OF HOW OFFENDED WE GET WHEN INSURANCE COMPANIES PUT PROFIT OVER SAFETY AND HOW WE SEE CORPORATE AMERICA SOMETIMES COMPLETELY IGNORING THE RIGHTS OF THE INDIVIDUAL.

MacCloskey Kesler & Associates, LLC. disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of or any way related to (A) any errors in or omissions from this site and its content, including but not limited to technical inaccuracies and typographical errors, (B) Any third party websites or content therein directly or indirectly accessed through links in this site, including but not limited to any errors in or omissions therefrom, (C) the unavailability of this site or any portion thereof, (D) your use of this site, or (E) your use of any equipment or software in connection with this site.

Personal information submitted to the website

Any information that you send us in an email message might not be confidential or privileged. MacCloskey Kesler & Associates, LLC. makes effort to protect personal information submitted by users of the website, including through the use of firewalls and other security measures on our servers. However, no server is 100 percent secure, and you should take this into account when submitting personal or confidential data about yourself on any website, including this one.

Additionally, while the website does not gather your name, email address or similar information about you without your knowledge or consent, the website does permit you to voluntarily submit data about yourself so that we can provide you with requested services. The information gathered will be incorporated into our mailing database and will not be sold to third parties for marketing purposes. At your request, we will remove your personal information from our files.

If you are interested in having us represent you, you should call us so we can determine whether the matter is one for which we are willing or able to accept professional responsibility. We will not make this determination by email communication.

The telephone numbers for our office are listed on this website. We reserve the right to decline any representation. We may be required to decline representation if it would create a conflict of interest with our other clients.

Electronic Form Submissions

The mere submission of a contact form does not necessarily form an attorney-client relationship with MacCloskey Kesler & Associates, LLC.. However, if my case is evaluated and I receive a response from the firm, I understand that an attorney-client relationship may be formed under Illinois Bar Interpretation. If I do not receive a response, my case was not evaluated; hence an attorney client relationship has not been formed.

If you send us information electronically via this website, you agree that our review of that information, even if you submitted it in a good faith effort to retain us, and, further, even if it is highly confidential, does not preclude us from representing another client directly adverse to you, even in a matter where that information could and will be used against you.

I agree that the information that I will receive in response to the above question is general information and I will not be charged for the response to this email question. I further understand that the law for each state may vary, and therefore, I will not rely upon this information as legal advice. Due to the reach of the internet, this matter may require advice regarding my home state; I agree that local counsel may be contacted for referral of this matter.

Third-party websites

This website may occasionally contain links to third party websites for the convenience of our users. MacCloskey Kesler & Associates, LLC. does not endorse any of these third-party sites and does not intend to imply any association between the firm and the party(ies) involved. Furthermore, MacCloskey Kesler & Associates, LLC. does not control these third-party websites and cannot represent that their policies and practices will be consistent with these Terms of Use. If you use any links to websites not maintained by MacCloskey Kesler & Associates, LLC., you do so at your own risk. MacCloskey Kesler & Associates, LLC. is not responsible for the contents or availability of any linked sites. These links are provided only as a convenience to the recipient.

To the extent that the professional responsibility rules of any jurisdiction require us to designate a principal office or an attorney responsible for this website, MacCloskey Kesler & Associates, LLC. designates its office in Rockford, IL. Darrel P. Kesler is the Illinois attorney responsible for the content on this website.

Ownership, License & Restrictions of Use

As between MacCloskey Kesler & Associates, LLC. and you, all right, title and interest (including all copyrights, trademarks and other intellectual property rights) in this website belongs to MacCloskey Kesler & Associates, LLC., its licensors, or listees. In addition, the names, images, pictures, logos and icons identifying MacCloskey Kesler & Associates, LLC.’s products and services in many countries are proprietary marks of MacCloskey Kesler & Associates, LLC. and/or its subsidiaries or affiliates. Except as expressly provided below, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights.

You are hereby granted a nonexclusive, nontransferable, limited license to view and use information retrieved from this website provided solely for your personal, informational, non-commercial purposes, and provided you do not remove or obscure the copyright notice or other notices. Except as expressly provided above, no part of this website, including but not limited to materials retrieved there from and the underlying code, may be reproduced, republished, copied, transmitted, or distributed in any form or by any means. In no event shall materials from this website be stored in any information storage and retrieval system without prior written permission from MacCloskey Kesler & Associates, LLC..

Use, duplication, or disclosure by or for the United States Government is subject to the restrictions set forth in DFARS 252.227-7013 (c)1)(ii) and FAR 52.227-19.

Limitation of Liability

A covered party (as defined below) shall not be liable for any direct, indirect, incidental, special, or consequential damages of any kind whatsoever (including, without limitation, attorney fees and lost profits or savings) in any way due to, resulting from, or arising in connection with this site, including its content, regardless of any negligence of any covered party. “Covered Party” means MacCloskey Kesler, LLC, its affiliates, its listees, and any officer, director, employee, subcontractor, agent, successor, or assign its affiliates and its listees.

Governing laws in case of dispute; jurisdiction- These Terms of Use shall be governed by and construed in accordance with the laws of the state of Illinois, USA, as they apply to agreements made and solely performed therein. Disputes arising hereunder shall be exclusively subject to the jurisdiction of the federal courts of the United States of America and/or the state courts of Illinois and jurisdiction therefore shll rest solely in Illinois, USA.

Governing laws in case of dispute; jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Illinois, USA, as they apply to agreements made and solely performed therein. Disputes arising hereunder shall be exclusively subject to the jurisdiction of the State Courts of Illinois, in Illinois, USA.

What Information Do We Collect?

Information You Provide to Us
Personal Information and Demographic Information. We may ask you to provide us with certain categories of information, or you may otherwise provide us with information, through the websites such as: (1) personally identifiable information, which is information that could reasonably be used to identify you personally, such as your first and last name, e-mail address, home address and phone number (“Personal Information”); and (2) demographic information, such as information like your gender, your occupation or geographic information (“Demographic Information”). We may collect this information through various forms and in various places on the websites, including, without limitation, the following places:

consultation request forms, “contact us” forms, chat, or emails;
account registration forms (if any); or
survey participation interfaces or web blogs

Providing us with information about yourself is voluntary, but if you choose not to provide certain information you may not be able to take full advantage of all our websites’ features.

Information We Collect and Store as You Access and Use the Websites
In addition to any Personal Information, Demographic Information, or other information that you choose to submit to us, we and our third-party service providers may use a variety of technologies that automatically (or passively) store or collect certain information whenever you visit or interact with the websites (“Usage Information”). This Usage Information may be stored or accessed using a variety of technologies that may be downloaded to your personal computer, browser, laptop, tablet, mobile phone or other device (a “Device”) whenever you visit or interact with our websites. Privacy law concepts are evolving – it is possible that some Usage Information that we deem not to personally identify you and do not treat as Personal Information will nonetheless be deemed “personally identifiable information” by applicable law.
This Usage Information may include:

your IP address, UDID or other unique device identifier (“Device Identifier”);
whether one user has accessed the websites using multiple Devices;
your Device functionality (including browser, operating system, hardware, mobile network information, plug-ins);
the URL that referred you to our websites, your website browsing history, and the areas within our websites that you visit and your activities there, including remembering you and your preferences;
your Device location and characteristics; and
certain other Device data, including time zone and the time of day

We may use various methods and technologies to store or collect Usage Information (“Tracking Technologies”). Tracking Technologies may set, change, alter or modify settings or configurations on your Device. A few of the Tracking Technologies include, without limitation, the following (and subsequent technology and methods later developed):

Cookies. A cookie is a data file placed on a Device when it is used to visit the websites. A Flash cookie (or locally shared object) is a data file placed on a Device via the Adobe Flash plug-in that may be built-in to or downloaded by you to your Device. HTML5 cookies are similar to Flash cookies but do not require a plug-in. Regular cookies may generally be disabled or removed by tools that are available as part of most commercial browsers, and in some but not all instances can be blocked in the future by selecting certain settings. Each browser you use will need to be set separately and different browsers offer different functionality and options in this regard. Also, these tools may not be effective with regard to Flash cookies or HTML5 cookies. For information on disabling Flash cookies go to www.adobe.com. Please be aware that if you disable or remove cookies, Flash cookies, or HTML5 cookies on your Device, some parts of our websites may not function properly, and that when you revisit our websites your ability to limit cookies is subject to your browser settings and limitations.
Web Beacons. Small graphic images or other web programming code called web beacons (also known as “web beacons”, “1×1 GIFs” or “clear GIFs”) may be included in our websites’ pages and messages. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to the websites, to monitor how users navigate the websites, to count how many e-mails that were sent were actually opened or to count how many particular articles or links were actually viewed.
Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the websites, such as the links you click on. The code is temporarily downloaded onto your Device from our web server or a third-party service provider, is active only while you are connected to our websites, and is deactivated or deleted thereafter.
ETag, or entity tag . An ETag is a type of identifier assigned by a web server to a specific version of a resource found at a URL. If the resource content at that URL ever changes, a new and different ETag is assigned. Used in this manner ETags are similar to fingerprints, and they can be quickly compared to determine if two versions of a resource are the same or not. ETag tracking may generate unique tracking values even where the consumer blocks HTTP, Flash and/or HTML5 cookies.

We may use Tracking Technologies for a variety of purposes, including:

Strictly Necessary. We may use cookies or other Tracking Technologies that we consider are strictly necessary to allow you to use and access our websites, including cookies required to prevent fraudulent activity, improve security or allow you to make use of certain functionality on our websites.
Performance-Related. We may use cookies or other Tracking Technologies that are useful in order to assess the performance of the websites, including as part of our analytic practices or otherwise to improve the content, products or services offered through the websites.
Functionality-Related. We may use cookies or other Tracking Technologies that are required to offer you enhanced functionality when accessing the websites, including identifying you when you sign in to our websites or keeping track of our specified preferences, including in terms of the presentation of content on our websites.
Targeting-Related. We may use Tracking Technologies to deliver content relevant to your interests on our websites based upon how you interact with our content. This includes using Tracking Technologies to understand the usefulness to you of the content that has been delivered to you.

There may be other Tracking Technologies now and later devised and used by us in connection with the websites.

Affiliates and Business Transfer: We may share your information, including your Device Identifiers and Personal Information, Demographic Information and Usage Information with our subsidiaries, affiliates co-counsel, business partners, and related entities. We also reserve the right to disclose and transfer all such information: (i) to a subsequent owner, co-owner or operator of the websites or applicable database; or (ii) in connection with a merger, consolidation, restructuring, the sale of substantially all of our interests and/or assets or other corporate change, including, during the course of any due diligence process.

Entire Agreement: Severability

These Terms of Use incorporate by reference any notices contained on this site and constitute the entire agreement with respect to your access to and use of this site. If any provision of these Terms and Conditions is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

This is a Illinois Website. We understand that the internet reaches across many state lines.

Darrel P. Kesler is a member of the Illinois State Bar.