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Terms of Service

  1. 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 these TOS and OLM’s Privacy Policy (the “Privacy Policy”) 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 of these TOS, the Privacy Policy and the Disclaimer. In the event of any inconsistency between the Privacy Policy and/or the Disclaimer and these TOS, these TOS will 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 [13] 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.
  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. In consideration of your use of the Service, you agree to:

    1. Provide true, accurate, current and complete information about yourself when prompted by the Service's registration form (such information being your “Registration Data”); and
    2. 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).
  1. 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:
    1. 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;
    2. 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;
    3. 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 nondisclosure agreements);
    4. 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;
    5. Upload, post, email, transmit, otherwise make available any Content or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights, or other proprietary rights;
    6. 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;
    7. Collect or store personal data about other users;
    8. Access the Service for the purpose of data mining or extracting content from the Service beyond your personal end use.
    9. Harm minors in any way;
    10. 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;
    11. Stalk or otherwise harass another;
    12. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Site or the Services;
    13. 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;
    14. Attempt to use another user’s account or obtain unauthorized access to the Site or the Services;
    15. Use manual or automated software, devices, or other processes to “crawl” or “spider” any pages at the Site is strictly prohibited;
    16. Monitor or copy, or allow others to monitor or copy, pages from the Site or the OLM Content included therein;
    17.  “Frame” or otherwise simulate the appearance or function of the Site;
    18. Take any action that interferes with the proper working of or places an unreasonable load on OLM’s infrastructure;
    19. Engage in any activity that interferes with any third party's ability to use or enjoy the Site or the Services;
    20. Engage in deceptive marketing or advertising practices; or
    21. 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.

  1. 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.
  2. Submissions
    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.
  3. 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.
  4. OLM Privacy Policy
    Your personal information is subject to our Privacy Policy. For more 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.
  5. 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.
  6. Indemnity
    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.
  7. Termination
    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.
  8. 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.
  9. Links
    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 consent.
  10. 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 BE CORRECTED..

    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.
  11. 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.
  12. 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.
  13. Notice
    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.
  14. 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.
  15. 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


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