Terms of Service
- Welcome to LawyersandSettlements.com
Online Legal Media doing business as LawyersandSettlements.com ("OLM")
provides access to its website and its services to you subject to the following
Terms of Service (these "TOS"), whether or not you have registered
for the Service (as defined below). In order to use the Site (defined
below) and the Service, you must accept all of the terms and conditions of
and Disclaimer (the “Disclaimer”), and by using the Site and/or
the Service, you expressly accept and agree to be bound by the terms and conditions
prevail. Nothing in these TOS will be deemed to confer any third-party
rights or benefits, except with respect to the indemnification obligations
set forth in Section  of these TOS. If you do not agree to be bound
by the terms and conditions of these TOS, you may not use or access the Site
or use the Service.
OLM reserves the right to modify these TOS at any time and from time to time,
and without prior notice, by posting amended Terms of Service at OLM’s
website, which is currently available at http://www.LawyersandSettlements.com
(the “Site”). Your continued use of the Site and/or the Services
after the posting of any such amended Terms of Service will indicate your acceptance
of the amended Terms of Service.
- Our Service
OLM provides users with the ability to register a personal complaint
or injustice and forward it to lawyers, law firms, legal financial service
providers, or other legal service providers sponsoring submission forms (the “Service”). By
providing your information to OLM, you agree that OLM may release your contact
information and all information that may be provided by you to the lawyers,
law firms, legal financial service providers or other legal service providers
sponsoring the submission forms for the topics you have chosen.
For security reasons, OLM generally does not to retain any information,
forms and materials submitted by users, except for a very limited period of
time. Because of this, you should not rely on OLM to retain any information
you submit via the Service, and OLM hereby disclaims any responsibility for
the retention of same.
- News, Feature Articles and Other Information
The Site also includes original news and features articles (“OLM Content”).
All such OLM Content is the sole responsibility of the writer submitting the
articles. OLM does not endorse, warrant, agree or disagree with the content
of any OLM Content posted by independent writers on the Site.
OLM Content is protected by copyright, trademark, patent, trade secret
and other laws. We hereby grant you a limited, revocable, nonsublicensable
license to reproduce and display the OLM Content solely for your personal use
in connection with viewing the Site and using the Services. You may not
otherwise copy, modify, translate, publish, broadcast, transmit, distribute,
perform, display, or sell any OLM Content. You also agree not to reproduce,
duplicate, copy, sell, resell or exploit for any commercial purposes, any portion
of the Service, use of the Service, or access to the Service.
- No Legal Advice or Attorney-Client Relationship
OLM does not provide legal advice, and all OLM Content is provided
for informational purposes only and does not in any manner constitute legal
advice. You should not act, or refrain from acting, based upon any information
on the Site or provided by OLM via the Service.
By accepting the posting of your complaint, OLM does not offer any
advice as to whether you may have a legal remedy for your complaint or injustice,
and OLM makes no representation or guarantee that you will obtain satisfaction,
justice or compensation for your complaint or injustice. OLM is not obligated
to release any posted information, including contact names, and it is possible
that no lawyer, law firm, legal financial service provider or other legal
service provider will respond to your submissions to the Service. OLM does
not offer any opinion whatsoever concerning the merits of any claim you might
have. OLM encourages you to also contact counsel other than those
contacted via the Service if you intend to pursue any claims, and you should
do so promptly to avoid having your case barred by the statute of limitations.
The information provided via the Service and the Site is not privileged
and does not create, and its receipt by the reader does not establish or constitute,
an attorney-client relationship. Submitting a case evaluation or any type of
response or other information through the Service or otherwise via the Site
will not create an attorney-client relationship and nothing provided or contained
in the Service or the Site is to be considered an offer to represent you in
any manner. Any communications that you have with lawyers, law firms, legal
financial service providers or other legal service providers contacted via
the Service are not the responsibility of OLM.
- Modifications to Service
OLM reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service or the Site (or any part
thereof) with or without notice. In the event of a modification or discontinuance
of service, all information submitted by you and others may be lost. You agree
to keep a permanent record of all information provided to OLM, and you agree
that all information submitted to OLM is at your sole risk. You agree that
OLM has no responsibility or liability for the deletion or failure to store
any Content (as defined after this) maintained or transmitted by the Service
including without limitation messages and other communications.
You agree that OLM shall not be liable to you or to any third party for
any modification, suspension or discontinuance of the Service.
- Eligibility and Accuracy of User Information
You must be at least 18 years of age to use the Site and the Service. Any
person suspended or removed from use of the Service for any reason may not
access the Site or otherwise use the Service. You may not have more than
one active account. Additionally, you are prohibited from selling, trading,
or otherwise transferring your account to other parties.
In consideration of your use of the Service, you agree to:
- Provide true, accurate, current and complete information about yourself
when prompted by the Service's registration form (such information being your “Registration
- Maintain and promptly update the Registration Data to keep it true, accurate,
current and complete. If you provide any information that is untrue, inaccurate,
not current or incomplete, or OLM has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, OLM has the
right to suspend or terminate your account and refuse any and all current
or future use of the Service (or any portion thereof).
- Your Responsibility
You understand and agree that all information, statistical data, text,
software, music, sound, photographs, graphics, video, messages or other materials
(“Content”), whether publicly posted or privately transmitted
by you and other users of the Site and/or the Service, are the sole responsibility
of the person from which such Content originated, and, as such, OLM expressly
disclaims any responsibility for such Content. This means that you, and not
OLM, are entirely responsible for all Content that you upload, post, email
or otherwise transmit via the Site and/or the Service. OLM does not control
the Content posted via the Site and/or the Service and, as such, does not
guarantee the accuracy, integrity or quality of such Content. You understand
that by using the Site and/or the Service, you may be exposed to Content that
is offensive, indecent or objectionable. Under no circumstances will OLM be
liable in any way for any Content, including, but not limited to, for any
errors or omissions in any Content, or for any loss or damage of any kind
incurred as a result of the use of any Content posted, emailed or otherwise
transmitted via the Site and/or the Service.
You agree that you will not use the Site or the Service so as to violate
the law, to misuse the proprietary information or property of others, or to
make publications which are threatening or defamatory or otherwise injurious
to the safety, business or reputation of others. Without limiting the generality
of the foregoing, you agree not to do any of the following:
- Upload, post, email or otherwise transmit any Content that is unlawful,
harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene,
libellous, invasive of another's privacy, hateful, or racially, ethnically
or otherwise objectionable;
- Impersonate any person or entity, including, but not limited to, an attorney
or an OLM official, forum leader, guide or host, or falsely state or otherwise
misrepresent your identity, (including through the use of a pseudonym) or
your position or affiliation with a person or entity, past or present;
- Upload, post, email, transmit, otherwise make available any Content that
you do not have a right to transmit under any law or under contractual or
fiduciary relationships (such as inside information, proprietary and confidential
information learned or disclosed as part of employment relationships or under
- Upload, post, email, transmit, otherwise make available any unsolicited
or unauthorized advertising, promotional materials, junk mail, spam, chain
letters, pyramid schemes, or any other form of solicitation, except in those
areas that are expressly designated for such purpose;
- Upload, post, email, transmit, otherwise make available any Content or
initiate communication that infringes upon patents, trademarks, trade secrets,
copyrights, or other proprietary rights;
- Upload, post, email, transmit, or otherwise make available any material
that contains software viruses or any other computer code, files, or programs
designed to disrupt the Site or the Services or to otherwise interrupt, destroy,
or limit the functionality of any computer software or hardware or telecommunications
equipment, including, without limitation, through the use of viruses, cancel
bots, Trojan horses, harmful code, flood pings, denial of service attacks,
packet or IP spoofing, forged routing or electronic mail address information
or similar methods or technology;
- Collect or store personal data about other users;
- Access the Service for the purpose of data mining or extracting content
from the Service beyond your personal end use.
- Harm minors in any way;
- Intentionally or unintentionally violate any applicable local, state, national
or international law, including, but not limited to, regulations promulgated
by the U.S. Securities and Exchange Commission, any rules of any national
or other securities exchange, including, without limitation, the New York
Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations
having the force of law;
- Stalk or otherwise harass another;
- Forge headers or otherwise manipulate identifiers in order to disguise
the origin of any communication transmitted through the Site or the Services;
- Interfere with or disrupt, or attempt to interfere with or disrupt, the
Site or the Services or servers or networks connected with the Site and the
Services, or disobey any requirements, procedures, policies, or regulations
of networks connected with the Site or the Services;
- Attempt to use another user’s account or obtain unauthorized access
to the Site or the Services;
- Use manual or automated software, devices, or other processes to “crawl” or “spider” any
pages at the Site is strictly prohibited;
- Monitor or copy, or allow others to monitor or copy, pages from the Site
or the OLM Content included therein;
- “Frame” or otherwise simulate the appearance or function
of the Site;
- Take any action that interferes with the proper working of or places an
unreasonable load on OLM’s infrastructure;
- Engage in any activity that interferes with any third party's ability to
use or enjoy the Site or the Services;
- Engage in deceptive marketing or advertising practices; or
- Assist any third party in engaging in any activity prohibited by this Agreement.
You acknowledge that OLM does not pre-screen Content, but that OLM has the
right (but not the obligation) in its sole discretion to refuse or remove any
Content from the Service without notice to you.
You acknowledge and agree that OLM may preserve Content and may also disclose
Content if required to do so by law or in the good faith belief that such preservation
or disclosure is reasonably necessary to: (a) comply with legal process; (b)
enforce the TOS; (c) respond to claims that any Content violates the rights
of third-parties; or (d) protect the rights, property, or personal safety of
OLM, its users and the public.
- Use of Content
With respect to Content you elect to post with OLM, you grant OLM the
royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable
right and license to use, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, perform and display such Content (in whole
or part) world wide and/or to incorporate it in other works in any form, media,
or technology now known or later developed. You agree not to access the Service
by any means other than through the interface that is provided by OLM for
use in accessing the Service.
You acknowledge and agree that any questions, comments, suggestions,
ideas, feedback, or other information about the Site or the Services (“Submissions”)
provided by you are non-confidential and shall become OLM’s sole property. OLM
will own exclusive rights (including all intellectual property rights) in
and to, and will be entitled to unrestricted use and dissemination of, each
such Submission provided by you for any purpose, commercial or otherwise,
without acknowledgment or compensation to you.
- OLM's Proprietary Rights
OLM, the OLM logo and other OLM logos and product and service names are
trademarks of OLM (the “OLM Marks”), whether or not registered.
You agree not to display or use in any manner the OLM Marks without OLM’s
prior written permission.
information, please see our full privacy
policy. While OLM has security procedures in place, it does not guarantee
that the procedures will prevent loss, alteration or improper access to data
or other content that is part of the Service, including the release of your
information to third parties, including, without limitation, the company or
person against whom you may have a complaint.
In the course of providing you with the Services, OLM may communicate
with you via email. You agree to receive emails that are specific to
your account and necessary for the normal functioning of the Services. You
also agree to have your name and/or email address listed in the header of certain
communications that you initiate through the Services.
When you submit information to OLM, you will be sent a complimentary
issue of the Class Action and Large Recoveries Newsletter, in order to keep
you up to date with new class actions and settlements. If you do not wish to
receive further issues, please use the unsubscribe link provided at the bottom
of the newsletter.
- Your Representations and Warranties
By accessing the Site or using the Services, you represent and warrant
that (i) all information, and any subsequent updates thereto, that you or
any person authorized by you submits to us is truthful and accurate; (ii)
you, or a person authorized by you, will maintain the accuracy of such information;
(iii) you are 18 years of age or older; (iv) you own the Content posted by
you at or through the Site or otherwise have the right to grant the licenses
regarding said Content set forth in this Agreement; (v) the posting of your
Content at or through the Site does not, and will not, violate the privacy
rights, publicity rights, copyrights, contract rights or any other rights
of any person; and (vi) your use of the Site or the Services otherwise does
not, and will not, violate any applicable law, rule or regulation.
You agree to indemnify, defend and hold OLM and its subsidiaries and
affiliates and their respective directors, officers, managers, members, agents,
third party contractors, employees and partners, harmless from any and all
direct, indirect, incidental, special, consequential or exemplary damages,
claims, liabilities, costs and expenses, including attorneys' fees, arising
from or in connection with (i) Content you submit, post to or transmit through
the Service or the Site, (ii) your use of the Service or the Site, (iii) your
connection to the Service or the Site, (iv) your violation of these TOS, (v)
your violation of any rights of another person, or (vi) such activities carried
out by a person using your OLM account or password.
By using the Site and/or the Service, you do not acquire any rights to
the Site and/or the Service other than a license to use it that can be terminated
at any time in accordance with this Section. You agree that OLM, in its sole
discretion, may terminate (to the extent applicable) your password, account
(or any part thereof) or access to or use of the Service or the Site, and
remove and discard any Content within the Service, for any reason if OLM believes
that you have violated or acted inconsistently with the letter or spirit of
these TOS. OLM may also in its sole discretion and at any time discontinue
providing the Service or the Site, or any part thereof, with or without notice.
You agree that any termination of your access to the Service under any provision
of this TOS may be effected without prior notice, and acknowledge and agree
that OLM may immediately deactivate or delete your account and all related
Content information and files in your account and/or bar any further access
to such files or the Service. Further, you agree that OLM shall not be liable
to you or any third-party for any termination of your access to the Service.
- Dealings with Third Parties
Your correspondence or business dealings with third parties accessed
through the Service and/or the Site, including payment and delivery of related
goods or services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such third party.
You agree that OLM shall not be responsible or liable for any loss or damage
of any sort incurred as the result of any such dealings or as the result of
the presence of such advertisers on the Service. Without limiting the generality
of the foregoing, you assume the sole and entire responsibility for dealing
with any lawyers contacted via the Site and/or the Service, and you acknowledge
that OLM has not approved of such lawyers in any way.
The Site contains (or you may be sent through the Site or the Services)
links to other websites (“Third-Party Sites”) as well as articles,
photographs, text, graphics, pictures, designs, music, sound, video, information,
applications, software, and other content or items belonging to or originating
from third parties (“Third-Party Content”). Such Third-Party
Sites and Third-Party Content are not investigated, monitored, or checked
for accuracy, appropriateness, or completeness by OLM, and OLM is not responsible
for any Third-Party Site accessed through the Site or the Services or any
Third-Party Content posted on, available through, or installed from the Site
or the Services, including without limitation, the accuracy, offensiveness,
opinions, reliability, legality, privacy practices, or other policies of or
contained in the Third-Party Sites or Third-Party Content. Inclusion
of, linking to, or permitting use or installation of any Third-Party Site
or any Third-Party Content does not imply approval or endorsement thereof
by OLM. If you decide to access any Third-Party Site or to use any Third-Party
Content, you do so at your own risk.
Any type of link to the Site or the Services is subject to OLM’s prior
- Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE AND/OR THE SITE IS AT YOUR SOLE RISK. THE SERVICE
AND THE SITE ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. OLM EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, OLM MAKES NO REPRESENTATION
OR WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv)
THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED
OR OBTAINED BY YOU THROUGH THE SERVICE IS ACCURATE OR WILL MEET YOUR EXPECTATIONS,
(v) THAT ANY PORTION OF THE SITE OR THE SERVICES WILL BE FREE OF INFECTION
BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING
OR DESTRUCTIVE PROPERTIES, OR (vi) ANY ERRORS IN THE SITE OR THE SERVICES WILL
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICE OR THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
OLM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TOS.
- Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT OLM SHALL NOT BE LIABLE FOR ANY,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE,
DATA, FAILURE TO REALIZE EXPECTED SAVINGS, OR OTHER INTANGIBLE LOSSES (EVEN
IF OLM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT
OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION
OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED
INTO THROUGH OR FROM THE SERVICE; (iii) INVALID DESTINATIONS, TRANSMISSION
ERRORS, OR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (v) YOUR FAILURE
TO RECEIVE ANY THIRD PARTY SERVICES OR PRODUCTS REQUESTED THROUGH THE SERVICES
OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT IS OLM LIABLE
TO YOU UNDER THIS AGREEMENT OR OTHERWISE IN CONNECTION WITH YOUR USE OF THE
SITE AND/OR THE SERVICE FOR AN AMOUNT IN EXCESS OF U.S.$100.
- Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR
CONDITIONS, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE EXCLUSIONS AND/OR LIMITATIONS
ABOVE MAY NOT APPLY TO YOU.
Notices to you may be made via either email or regular mail. The Site
and/or the Service may also provide notices of changes to the TOS or other
matters by displaying notices or links to notices to you generally on the
Site and/or the Service. While OLM may give you notices from time to time,
it is not obligated to do so.
- Applicable Law
These TOS shall be governed by and construed in accordance with the laws
of the state of California, without regard to conflicts of laws provisions.
You and OLM agree that the United States District Court for the Northern District
of California and/or the California Superior Court for the County of Santa
Clara shall have exclusive jurisdiction over any dispute between you and OLM
relating in any way to the OLM service or website or these TOS. You and OLM
expressly and irrevocably consent to personal jurisdiction and venue in these
courts. The parties agree that in any such dispute or subsequent legal action,
they will only assert claims in an individual (non-class, nonrepresentative)
basis, and that they will not seek or agree to serve as a named representative
in a class action or seek relief on behalf of those other than themselves.
- Entire Agreement; Severability; Section Headings
These TOS constitute the entire agreement between you and OLM and govern
your use of the Service, superseding any prior agreements between you and
OLM. Without derogating from the generality of the foregoing, you may also
be subject to additional terms and conditions that may apply when you use
particular services offered via the Site.
If any part of these TOS is held invalid or unenforceable, that portion
shall be construed in a manner consistent with applicable law to reflect, as
nearly as possible, the original intentions of the parties, and the remaining
portions shall remain in full force and effect.
The section headings in these TOS are for convenience only and have no
legal or contractual effect.
Last modified 2009-11-09