Terms and Conditions/Disclaimers

1. General Disclaimer
Illinois Living Trust™ is an Illinois-registered trademark and technology platform of affordable estate planning document access for the general public and limited only to the benefit and use of Illinois legal residents over 18. Illinois Living Trust™ is a Trade Name of Tuohy Law Offices and is solely owned by attorney Thomas Tuohy and has no affiliation with the State of Illinois government or any public or private association or agency in Illinois. Attorney Thomas Tuohy is responsible for all content on this website and blog, including any content considered an advertisement. Tuohy Law Offices does not intend this Website to advertise legal services and only for advertising self-help estate planning documents. The materials contained on this website are protected by copyright and trademark laws.

Thomas Tuohy is the sole owner of Tuohy Law Offices. He is licensed to practice law in Illinois and the United States Supreme Court. Tom practices law and represents clients who request his services exclusively through Tuohy Law Offices in Oakbrook, Illinois. He does not offer legal advice or services through the Illinois Living Trust™ website unless requested and explicitly retained by written Agreement through Tuohy Law Offices.

‍The Illinois Living Trust™ website is not an intermediary connecting service as defined in Illinois Supreme Court Rule 730 or a similar rule in any other U.S. jurisdiction, i.e., (ii) a lead generator, (iii) a legal service plan, or (iv) a lawyer referral service, marketplace or directory.

This Website is not intended to be a source of solicitation or legal advice; thus, the reader should not consider this information an invitation to an attorney-client relationship. Readers should not act or rely upon any information on this Website and should always seek the advice of an attorney. Communications with Tuohy Law Offices or any individual firm member or using our contact form for communication with the firm does not establish an attorney-client relationship, nor is it intended to be a substitute for the advice of an attorney.

An attorney-client relationship is only established with Tuohy Law Offices and attorney Thomas Tuohy with a signed attorney retention agreement. Users should consult professional legal counsel knowledgeable about their particular circumstances.

Suppose you have not retained Tuohy Law Offices in a signed attorney representation agreement and believe any Tuohy Law Offices staff member had provided you with legal advice or recommendations concerning your legal rights and estate planning circumstances. In that case, you must not use these documents. Use of any legal documents or resources on this Website is at your own risk.

‍Suppose you are acting on behalf of an entity and not yourself individually. In that case, you represent and warrant that you are an authorized representative of any entity with the authority to bind the entity to these Terms of Service. You agree to these Terms of Service on the entity’s behalf.

Employers, business associations, fraternal organizations, municipalities, brokers, or any of its agents are strictly prohibited from receiving any payment or revenue generated by the products or services of Illinois Living Trust.

YOU AGREE THAT BY USING THE SERVICES, YOU ARE AT LEAST 18 YEARS OF AGE AND LEGALLY ABLE TO ENTER INTO A CONTRACT.

“We,” “our,” refers to Illinois Living Trust™ and Tuohy Law Offices, “you’, “your,” refer to each customer, user, or visitor to this Website. “Terms” refers to these Terms of Use and Disclaimers.

‍2. Acceptance
These Terms of Use and Disclaimers form the basis of your use of this Website and its documents and resources. You had agreed to these terms and this legal relationship by checking the box “Accept” when you registered as a user of Illinois Living Trust™. Now, you acknowledge that when you checked the box, you have read, understood, and accepted these terms entirely. Your right to use the Illinois Living Trust™ web platform and its products and resources is conditioned upon your acceptance of these terms, acknowledgment of your understanding, and willingness to be bound by them. You may request a copy of these terms via email. You may not accept these Terms unless you are at least 18 years of age and have the legal capacity to enter into a contract.

The information you read on this Website and in the blogs is informative for your general knowledge and purposes only. It should not be interpreted to indicate that a particular result will occur in your legal situation. Even though certain information you read might be helpful or relevant to your situation, professional legal advice requires an in-depth discussion about your case, a thorough investigation into all the relevant facts, and substantial research into the applicable laws.

You acknowledge, understand, and accept that Illinois Living Trust™’s automated review process is limited to the consistency of your data, such as names and addresses. It is not comprehensive. You agree to review the final legal document carefully and that you are solely responsible for the accuracy of its contents and the final document(s).

‍3. Modifications to Terms of Service
If we modify these Terms of Use, we will either post the modification on the Website or notify you of the change. We will also update the “Last Updated” date at the bottom of these Terms of Service. You indicate that you agree to be bound by the modified Terms by continuing to access or use the Website or Services after we post a modification on the Site or provide you with notice of a change. If you find these Terms of Use unacceptable or do not agree to these Terms of Use, please do not access the services. If the modified Terms are not acceptable to you, your only recourse is to cease using the Website and services.

4. Additional Terms and Policies
We may provide services subject to other terms and policies specific to those services. Your use of our Website, any services we offer, and our offering of any services to you may also be subject to additional terms or policies, including our Security and Privacy Policies. By using any such services, you acknowledge that you have read and agreed to be bound by additional terms and policies in addition to these Terms of Use.

We respect and take all necessary steps to protect your personal information and privacy. Please refer to our Privacy Policy for details. We take the security of your data seriously and protect it with the latest technology measures. Please refer to our Security section for more information.

An essential part of your membership is creating your unique username and password. You are solely responsible for maintaining the confidentiality and security of your password. You are prohibited from sharing your username and password with a third party for use on this Website. Illinois Living Trust™ and Tuohy Law Offices are not liable under any circumstances for using your password and any resulting loss you incur from this use. You may be liable to Illinois Living Trust™ and Tuohy Law Offices for any losses it incurs from someone else using your account.
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5. Communications
Contacting Tuohy Law Offices does not create an attorney-client relationship until we acknowledge receipt and verify our client-attorney relationship. Submitting a contact form or transmitting an email inquiry to us through this Website does not create an attorney-client relationship or constitute an agreement to represent you. We cannot represent you until the facts of your estate are reviewed, a determination is made as to whether there is any conflict of interest that prohibits us from representing you, and we agree to represent you in a written retainer agreement that both you and we sign. Once a client-attorney relationship is established, all client conversations and communications with Tuohy Law Offices are confidential unless and until the client waives the client-attorney confidentiality.

Emailing Tuohy Law Offices through this Website is not necessarily secure and may not be confidential. Your privacy rights in all communications and information shared for document preparation, membership, or assistance are governed by the Privacy Policy on this Website, not an attorney-client privilege. Communication with us will not be privileged unless we already represent you. Please do not send us confidential information until you are prepared to establish a formal attorney-client relationship with Tuohy Law Offices. 

Before and during any legal representation of you by Tuohy Law Offices, you acknowledge and understand that Internet and email security can be uncertain and have risks. You accept all risks of such uncertainty and potential lack of confidentiality when sending us an unencrypted, sensitive, or confidential email. Email from Illinois Living Trust™ or Tuohy Law Offices never constitutes an electronic signature unless it expressly says so.

6. User Relationship, Engagement, and Content
You retain complete ownership of all the content and data you enter on this Website during document preparation or interaction with our staff or other users on this Website or our social media sites.

Illinois Living Trust™ and Tuohy Law Offices have no liability for your interactions with other users on this Website or our social media sites.
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You may agree now or in the future to upload your documents to our cloud-based servers. You agree to abide by all terms and conditions of such upload and storage presented to you at the time of upload. Your documents will remain your sole property; you have exclusive ownership of those documents and may remove them at any time.

You are legally responsible for the content you upload or post on this Website and agree we act solely as a medium for your use and content published on this Website. You agree that you will not submit any content:
That creates or may in the future form the risk of harm, injury, distress, physical or mental illness to you or any person, is known to you to be false, inaccurate, or misleading;
That infringes anyone’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy.
That in any manner exploits or causes harm now or in the future to any child by revealing identifiable information beyond name and age or exposing them to inappropriate content.
That may violate or encourage any person or entity to violate any law, statute, ordinance, or regulation, is libelous, profanity, harassing, racially, religiously, or ethnically abusive, or invasive of any person or entity’s privacy or intellectual property rights.
That contains any computer damaging computer programs or viruses or violates these Terms of Use.

We reserve the right to edit, remove, reject, and modify any user content that violates these user provisions. We are not liable for any user content and are not responsible for a third party’s access or use of user content that is not our control. We will delete your content upon your written request.

7. No Unlawful or Prohibited Use/Intellectual Property
Illinois Living Trust™ and Tuohy Law Offices grant you a limited, non-transferable personal license to use our legal documents on this Website. As a condition of using the Website, you warrant to Illinois Living Trust™ and Tuohy Law Offices that you will not use the Website for any unlawful or prohibited purpose. You may not use the Website in any manner that could damage, disable, overburden, impair the Website, or interfere with any other party’s use and enjoyment. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.

All content included as part of the service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website is the property of Illinois Living Trust™ and Tuohy Law Offices or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions in any such content and will not change it.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or exploit any of the content, in whole or in part, found on the Website. Illinois Living Trust™ content is not for resale. Your use of the Website does not entitle you to the unauthorized use of any protected content. In particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and make no other use of the content without the express written permission of Illinois Living Trust™ and the copyright owner. You agree that you do not acquire ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Illinois Living Trust™ or our licensors except as expressly authorized by these Terms.

8.   No Representations or Warranties
ILLINOIS LIVING TRUST™ AND ITS SUPPLIERS, AS A RESULT OF THIS, DISCLAIM ALL WARRANTIES AND CONDITIONS CONCERNING THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ILLINOIS LIVING TRUST™ AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.

ILLINOIS LIVING TRUST™ AND ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND CHANGES ON THE SITE AT ANY TIME. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ILLINOIS LIVING TRUST™ AND ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ILLINOIS LIVING TRUST™ OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

9. Limitations on Liability
We do not represent, warrant, or guarantee that your access will be uninterrupted or that material accessible from this Website is free of viruses. All responsibility and liability for any damages caused by viruses contained within the electronic files of this Website are disclaimed.

You agree to hold Illinois Living Trust™, Tuohy Law Offices, Thomas Tuohy, and his employees, agents and assigns harmless from and against any claims, damages, obligations, losses, liabilities, costs or debt, and expenses, including attorney’s fees, arising from your use of this Website, including any data or content transmitted or received by you your violation of any term of these Terms of Use your breach of any of the representations and warranties above, your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights, your violation of any law, rule or regulation of Illinois, the United States or any other state or country, any claim for damages that arise as a result of any of your user content or any other party’s access and use of the services with your username, password.

10. Indemnification
Unless you have not retained Tuohy Law Offices and attorney Thomas Tuohy as your attorney, you agree to defend, indemnify, and hold harmless Tuohy Law Offices, dba  Illinois Living Trust™, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Website or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Tuohy Law Offices, dba  Illinois Living Trust™ reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Tuohy Law Offices, dba  Illinois Living Trust™ in asserting any available defenses.

11.   No Professional Advice or Affiliations
The information on this Website is for general information purposes only. Nothing on this Site should be taken as legal, financial, investment, tax, or professional advice for any individual case or situation. You should not act or refrain from acting based on anything you read on this Site. You should consult an attorney for legal advice and legal services, a financial advisor for investment and financial advice, and a CPA for tax advice tailored to your situation.

We may offer services as a one-time purchase and services plus related benefits on a membership subscription basis. Suppose you choose to be an ongoing member of Illinois Living Trust™. In that case, you acknowledge and understand that your membership is not a legal services plan defined by Illinois Supreme Court Rule 730. Your membership is a subscription for using the Illinois Living Trust™ website services only and not for any Tuohy Law Offices legal services.

Membership benefits are subject to change, and we agree to notify you before any change. All current membership benefits will be posted on the Website, including but not limited to a limited-time offer of a lifetime, free unlimited amendments to your legal document, a free Comprehensive Benefits of America, LLC membership and related benefits, a $100 annual gift certificate for friends and family for a Living Trust, immediate access to Living Trust’s private member Facebook group and regular resources, and Legal Breaking News Alerts that impact you and your estate plan delivered to your Inbox and phone. All member benefits are subject to change without notice at the discretion of Illinois Living Trust™.

All members under a paid membership begin on the second anniversary of the date you deliver your legal documents. It includes and is not limited to all your first-year member benefits, plus, but not limited to, free, unlimited amendments for the lifetime of your paid yearly membership and unlimited $100 Living Trust gift certificates for family and friends. You agree to pay us under our terms of sale and your annual membership date. Certain additional services may be provided for a fee. If you elect to use other paid services, you agree to the terms of sale, pricing, payment, billing, and refund policies applicable to such fees and charges. Illinois Living Trust™ reserves the right to change, add, or eliminate additional paid services at any time at our sole discretion.

If you register as a subscription member with us, you may cancel your account at any time; however, there are no refunds for cancellation. All purchases are final, and refunds are discretionary and may be considered on a case-by-case basis per our refund policy. Suppose Illinois Living Trust™ terminates your account for violating these Terms of Use. In that case, you agree to receive no refund or exchange for any Illinois Living Trust™ content, unused time on a membership subscription, any other service, or fee.

When your member subscription begins on the second-anniversary date of your document delivery, you authorize us to charge your second-year subscription and each renewal year on the charge card you provide at your initial registration. We are authorized to contact you if your charge card is denied and cancel your membership if payment is not made within 30 days of such charge card denial. You agree to update your charge card and payment method when necessary.
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You may cancel your subscription membership at any time. If you need assistance with such a cancellation, please get in touch with our administrator. Your membership is paid for the entire year, with no pro-rata refund for unused months after cancelation. 

We reserve the right to change the annual subscription membership fee and agree to notify you if the fee is changed.

13. Electronic Financial Transactions 
You authorize Illinois Living Trust™ and Tuohy Law Offices to charge your credit card for all charges incurred with your services and annual membership fees, including Illinois Living Trust™ fees, government fees, taxes, and other third-party fees. Electronic financial transactions with Illinois Living Trust™ and Tuohy Law Offices are facilitated by Stripe, Law Pay, and Woocommerce, utilizing encryption and advanced fraud protection. 

You authorize us to charge your automatic renewal payment method automatically. You agree that we may store your payment method and related payment information. You may update your payment method through your account or contact us at info@illinoislivingtrust.com. If any attempt to charge your payment method is unsuccessful or if the automatic renewal payment fails, we may suspend or terminate your access to the website services without notice. 

All paper documents received by Illinois Living Trust ™ are promptly shredded. Nonfinancial documents, legal documents, estate plans, and related documents are scanned and stored in a secure digital customer file if you choose to do so.

14.  Linked Third Party Accounts 
You will be able to connect your membership account to third-party accounts. By connecting your Illinois Living Trust™ account to your third party account, you acknowledge and agree to continuously release information about you to others (per your privacy settings on those third-party sites). Do not use this feature if you do not want information about yourself to be shared this way.

Member, exclusive offers are subject to change by the third party. The links on this website are accessible on the World Wide Web and are provided only as a convenience for the reader. Tuohy Law Offices, dba Illinois Living Trust™ is not responsible for any third-party content that may be accessible through the links on this website. Tuohy Law Offices, dba Illinois Living Trust™ is not responsible for the quality, accuracy, timeliness, reliability, or any other aspect of any product or service a third party offers. Similarly, Tuohy Law Offices, dba Illinois Living Trust™, is not responsible for the content of the link sites or the services entered between the provider and the client/member. We do not make any representations or warranties for any content, products, or services that third parties, including plan providers. Under no circumstances will Tuohy Law Offices, dba Illinois Living Trust™, be liable for any loss or damage incurred by members relying on such third-party or third-party sites.

A merchant offering or selling products or services through the dba Illinois Living Trust™ website may have privacy and data collection practices different from ours. For more information about a merchant, its online store, its privacy policies, and any additional terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the merchant directly. We have no responsibility or liability for these independent policies. You agree that neither we nor our affiliates are responsible for any damages you incur. You will not assert any claims against them or us arising from your purchase or use of any products or services made available by third parties through the Illinois Living Trust™ website.

15.   Arbitration 
If the parties are not able to resolve any dispute between them arising out of or concerning these Terms of Use and Disclaimers, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding Arbitration according to the provisions of the American Arbitration Association and The Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The Arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. Suppose any legal or equitable action, proceeding, or Arbitration arises from or concerns these Terms of Use. In that case, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims regarding these Terms of Use or any disputes arising from these Terms of Use, whether directly or indirectly, including Tort claims resulting from these Terms of Use. The parties waive their respective rights to a jury trial. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The Arbitrator shall determine the entire dispute, including the scope and enforceability of this arbitration provision. This arbitration provision shall survive the termination of these Terms of Use.

16. Class Action Waiver 
Under these Terms of Use, arbitration will occur individually; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, AND REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless you and Illinois Living Trust™ agree otherwise, the Arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

17. Email and Text Communications
When you register as a member of this Website, you acknowledge that you give your express permission to be contacted by Illinois Living Trust staff by email or mobile text via the email address or phone number you provided. Communications can include, but are limited to:
All communications regarding your usage of the Website and questions on the document.
Preparation and delivery of documents and related resources. 
We are communicating about the benefits of membership.
Payment related to charges and membership renewals.
Periodic reminders about document updates.Updates on the law that may affect you and your family.

‍Text messages may be sent to your mobile number using an automatic dialing system. Your membership registration in Illinois Living Trust ™ specifies the frequency of texts. Message and data rates may apply and may not be available in your area or by your mobile service provider. Your sole method to end texting communications from us is by texting STOP. You may text STOP to stop messaging and HELP for assistance from our staff.
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Under no circumstances will we be liable for any direct, indirect, or punitive damages arising from or in connection with text messaging.
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We do not guarantee your wireless provider’s successful delivery of text messages. Messages sent by text may not be delivered if the mobile device is not within the range of a transmission site or if sufficient network capacity is unavailable at a particular time. Even within a coverage area, factors beyond the control of wireless carriers may interfere with message delivery, including the terrain, proximity to buildings, foliage, weather, and the recipient’s equipment. We will not be liable for losses or damages arising from (a) non-delivery, delayed delivery, or misdirected delivery of a text message; (b) inaccurate or incomplete content in a text message; or ( c) use or reliance on the content of any text message for any purpose. Carriers are not liable for delayed or undelivered messages.

18.   Testimonials
We appreciate our clients and their willingness to share their experiences. Testimonials found on this Website,  Illinois Living Trust™, social media platforms, Google, or other third-party review sites are actual client reviews of Illinois Living Trust™ or Tuohy Law Offices. Please remember that any legal matter’s success depends on the unique circumstances of each estate or case: we cannot guarantee particular results for future clients of Tuohy Law Offices or customers of Illinois Living Trust™  based on successes we have achieved in past legal matters.

19. Governing Law
The laws of Illinois govern the use of this Site, and exclusive jurisdiction for any resolution of any disputes or claims regarding the use of this Site will be in DuPage County, Illinois. It will be resolved by Arbitration, as governed by the rules of the American Arbitration Association.

20. Contact 
Call us today at 1-312-559-8444 or email us at info@illinoislivingtrust.com with any questions or concerns or an emailed PDF version of these terms and conditions. ALL NOTICES TO: Illinois Living Trust c/o Tuohy Law Offices 17W220 22nd Street, Suite 300, Oakbrook Terrace, Illinois 60181.

 

Last updated, 11/9/23