TERMS AND CONDITIONS
Updated July 15, 2019
By using our website, you are a “user” and you accept and agree to this TC as a legal contract between you and us. We may post changes to these TC at any time, and any such changes will be applicable to all subsequent access to or use of our platform. If you do not accept and agree to all provisions of these TC, now or in the future, you may reject these TC by immediately terminating all access and use of our platform, in which case any continuing access or use of our platform is unauthorized.
You are also required to comply with, and to ensure compliance with, all laws, ordinances and regulations applicable to your activities on our sites and platform.
Unless expressly permitted by supplemental terms, our website is intended for general audiences 18 years of age and older, and access or use by anyone younger is not authorized.
These TC grant you a limited, revocable, nonexclusive license to access our sites and platform and use our platform, in whole or in part, including but not limited to our intellectual property therein, solely in compliance with these TC.
If you qualify for our Law Firm to represent you, we will take steps to represent you through the sending of an electronic Agreement to Represent (contract), emails, text messages, phone calls, fax, and/or postal mail intending to explain our legal services. We are not your attorneys unless and until you execute our Agreement to Represent.
If you do not qualify for our Law Firm to represent you, we will likewise notify you through similar means. In the event our Law Firm decides not to represent you, we suggest you seek a second opinion, as law firms have varying criteria for representation. Just because our Law Firm declines to represent you does not necessarily mean you do not have a viable case. In addition, there are Statutes of Limitation which limit the time in which you may file a lawsuit. As such, we encourage you to seek a second opinion immediately. We cannot advise you on when the Statute of Limitations in your matter may expire.
It is possible that after you sign our Agreement to Represent, further information will be gathered which may subsequently disqualify you from having our Law Firm (and our associated co-counsel) represent you. This may occur for various reasons, including but not limited to our acquisition of your medical records. Should, subsequent to your execution of our Agreement to Represent, we and/or our co-counsel determine that we cannot represent you, we will so notify you, usually by certified mail. Again, in such an event, we urge you to seek a second opinion in a timely manner as the Statute of Limitations may still apply.
We have the right, but not the obligation, to regulate content (which includes but is not limited to postings, text, code, images, video, binary files, ads, accounts, account information, flags, emails, messages and any other user communications (“content”)) posted to, stored on or transmitted via our site or platform by any user (or any other third party in any manner); to regulate conduct (including but not limited to any authorized or unauthorized access to or use of our sites and platform) by any user (or any other third party in any manner); and to enforce this TC, for any reason and in any manner or by any means that we, in our sole discretion, deem necessary or appropriate (including but not limited to automated and manual screening, blocking, filtering, exclusion from index pages, exclusion from search results, requiring the use of an application programming interface (API), requiring the use of a bulk posting interface, authorization, verification, and the deletion and/or termination of content, accounts and/or all or any use or access). We may, in our sole discretion and without notice, start, stop or modify any regulation or enforcement measures at any time. Our action or inaction to regulate content or conduct or to enforce against any potential violation of this TC by any user (or any other third party) does not waive our right to implement or not implement regulation or enforcement measures with respect to any subsequent or similar content, conduct or potential TC violation.
You also understand and agree that any action or inaction by us or any of our attorneys, directors, officers, stockholders, employees, consultants, agents or representatives (collectively, “our representatives” and individually “our representative”) to prevent, restrict, redress or regulate content, or to implement other enforcement measures against any content, conduct or potential TC violation is undertaken voluntarily and in good faith, and you expressly agree that neither we nor any of our representatives will be liable to you or anyone else for any action or inaction to prevent, restrict, redress, or regulate content, or to implement other enforcement measures against any content, conduct or potential violation of these TC.
Although our representatives may moderate content on our sites and platforms at our discretion, our representatives have no authority to make binding commitments, promises or representations to anyone that they or anyone else on behalf of us will “take care” of any alleged problem or complaint, or that they or anyone else on behalf of us will otherwise stop, cure or prevent any problem, content, conduct or purported TC violation from occurring or recurring. Accordingly, you further agree that any representation (written or verbal) by our representative (or by anyone else acting on behalf of us or by anyone purportedly acting on behalf of us) that we (including but not limited to our representative, anyone else acting on behalf of us, or anyone purportedly acting on behalf of us) would or would not prevent, restrict, redress or regulate content (including, without limitation, screen, block, moderate, review, remove, terminate, delete, edit or otherwise stop, cure or exclude any content), or to implement other enforcement measures against any content, conduct or potential or purported TC violation is superseded by this provision and is nonbinding and unenforceable. Specifically, you agree that we, our representatives and anyone else authorized to act on behalf of us will in no circumstance be liable as a result of any representation that we, our representatives or anyone else on behalf of us would or would not restrict or redress any content, conduct or potential or purported TC violation. For the purpose of clarity, the opinions, statements, comments, posts and other communications expressed on our sites and platform are solely those of the poster and not ours, or our employees, officers, directors, shareholders, subsidiaries, parent companies, attorneys or other agents. We do not guarantee the accuracy or reliability or the information provided by any poster, administrator, or moderator. Administrators and moderators are not our agents and their opinions, comments and posts are their own. This paragraph may not be modified, waived or released except by a written agreement, dated and signed by our Managing Partner and dated and signed by the individual or entity to whom the modification, waiver or release is granted.
We also have the right in our sole discretion to limit, modify, interrupt, suspend or discontinue all or any portions of our sites or platform at any time without notice. We and our representatives will not be liable for any such limitations, modifications, interruptions, suspensions or discontinuance, or any purported losses, harm or damages arising from or related thereto.
Content and Conduct
We do not control, are not responsible for and make no representations or warranties with respect to any user content. You are solely responsible for your access to, use of and/or reliance on any user content. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user content.
You are also responsible for any content that you post or transmit and, if you (or a representative acting on your behalf) create an account, you are responsible for all content posted or transmitted through or by use of your account (or the account of a representative acting on behalf of you).
Content prohibited from our sites and services includes but is not limited to: (1) illegal content; (2) content in facilitation of the creation, advertising, distribution, provision or receipt of illegal goods or services; (3) offensive content (including, without limitation, court ordered defamatory statements, threatening, hateful or pornographic content); (4) content that discloses another’s personal, confidential or proprietary information; (5) false or fraudulent content (including but not limited to false, fraudulent or misleading responses to user ads transmitted via our sites and services); (6) malicious content (including, without limitation, malware or spyware); (7) content that offers, promotes, advertises, or provides links to posting or auto-posting products or services, account creation or auto-creation products or services, flagging or auto-flagging products or services, bulk telephone numbers, or any other product or service that if utilized with respect to our sites and services would violate these TC or our other legal rights; and (8) content that offers, promotes, advertises or provides links to unsolicited products or services. Other content prohibitions are set forth in supplemental terms for particular categories or services on our sites and services and all such prohibitions are expressly incorporated into these TC as stated in the introductory paragraphs above.
You automatically grant and assign to us, and you represent and warrant that you have the right to grant and assign to us, a perpetual, irrevocable, unlimited, fully paid, fully sub-licensable (through multiple tiers), worldwide license to copy, perform, display, distribute, prepare derivative works from (including, without limitation, incorporating into other works) and otherwise use any content that you post. You also expressly grant and assign to us all rights and causes of action to prohibit and enforce against any unauthorized copying, performance, display, distribution, use or exploitation of, or creation of derivative works from, any content that you post (including but not limited to any unauthorized downloading, extraction, harvesting, collection or aggregation of content that you post).
We do not control, are not responsible for and make no representations or warranties with respect to any user or user conduct. You are solely responsible for your interaction with or reliance on any user or user conduct. You must perform any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user or user conduct.
You are also responsible for your own conduct and activities on, through or related to our sites and platforms, and, if you create an account on our site or platform, you are responsible for all conduct or activities on, through or by use of your account.
Postings and Accounts
This section applies to all uses and users of our sites and platforms, unless we have specifically authorized an exception to a particular term for a particular user in a written agreement. We have sole and absolute discretion to authorize or deny any exception or exceptions to the terms in this section regarding Postings and Accounts.
Users may not circumvent any technological measure implemented by us to restrict the manner in which content may be posted on our sites and platform or to regulate the manner in which content (including but not limited to email) may be transmitted to other users. This prohibition includes, without limitation, a ban on the use of multiple email addresses (created via an email address generator or otherwise); the use of multiple IP addresses (via proxy servers, modem toggling, or otherwise); CAPTCHA circumvention, automation or outsourcing; multiple and/or fraudulent service accounts, including phone-verified accounts; URL shortening, obfuscation or redirection; use of multiple phone lines or phone forwarding for verification; and content obfuscation via HTML techniques, printing text on images, inserting random text or content “spinning.”
It is expressly prohibited to post content to our sites and platform using any automated means. Users must post all content personally and manually through all steps of the posting process. It is also expressly prohibited for any user to develop, offer, market, sell, distribute or provide an automated means to perform any step of the posting process (in whole or in part). Any user who develops, offers, markets, sells, distributes or provides an automated means to perform any step of the posting process (in whole or in part) will be responsible and liable to us for each instance of access to our sites and services (by any user or other third party) using that automated means.
Affiliate marketing by users is expressly prohibited on our sites and services. Users may not post content or communicate with any user for purposes of affiliate marketing or in connection with any affiliate marketing system, scheme or program in any manner or under any circumstance.
For each use of our platform, a user may create, maintain and use no more than one account to post content only on his/her or its own behalf. A user must create his/her or its account personally and manually and may not create accounts by any automated means. Without limitation, this includes the obligation that the user personally and manually solves any CAPTCHA challenge in the account creation process. A user may not create or use additional accounts or any account of another and must not permit, enable, induce or encourage others to create accounts for him/her or it.
The purchase and sale of accounts and the creation of accounts for others is expressly prohibited. The circumvention of any technological restriction or security measure in the account creation process, posting process or otherwise for posting content in violation of these TC also is expressly prohibited.
Unauthorized Access and Activities
This section applies to all uses and users of our sites and platform, unless we have specifically authorized an exception to a particular term for a particular user in a written agreement. We have sole and absolute discretion to authorize or deny any exception or exceptions to the terms in this section.
To maintain the integrity and functionality of our sites and platform for its users, access to our sites and platform and/or activities related to our sites and platform that are harmful to, inconsistent with or disruptive of our sites and platform are expressly unauthorized and prohibited. For example, without limitation:
- The collection of our sites and platform user’s personal information (including but not limited to email addresses, IP addresses and telephone numbers) is not allowed for any purpose.
- Any copying, aggregation, display, distribution, performance or derivative use of our sites and platforms or any content posted on our sites and platform whether done directly or through intermediaries (including but not limited to by means of spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds) is prohibited. As a limited exception, general purpose Internet search engines and noncommercial public archives will be entitled to access our sites and services without individual written agreements executed with us that specifically authorize an exception to this prohibition if, in all cases and individual instances: (a) they provide a direct hyperlink to the relevant website, service, forum or content; (b) they access our sites and services from a stable IP address using an easily identifiable agent; and (c) they comply with our robots.txt file; provided however, we may terminate this limited exception as to any search engine or public archive (or any person or entity relying on this provision to access our sites and platform without their own written agreement executed with us), at any time and in our sole discretion, upon written notice, including, without limitation, by email notice.
- Any access to or use of our sites and platform to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute or otherwise make available any program, application or service (including, without limitation, any device, technology, product, computer program, mobile device application, website, or mechanical or personal service) that enables or provides access to, use of, operation of or interoperation with our sites and platform (including, without limitation, to access content, post content, cross-post content, re-post content, respond or reply to content, verify content, transmit content, create accounts, verify accounts, use accounts, circumvent and/or automate technological security measures or restrictions, or flag content) is prohibited. This prohibition specifically applies but is not limited to software, programs, applications and services for use or operation on or by any computer and/or any electronic, wireless and/or mobile device, technology or product that exists now or in the future.
- Any effort to decompile, disassemble or reverse engineer all or any part of our platform or sites in order to identify, acquire, copy or emulate any source code or object code is expressly prohibited.
- Any activities (including but not limited to posting voluminous content) that are inconsistent with use of our sites and platform in compliance with these TC or that may impair or interfere with the integrity, functionality, performance, usefulness, usability, signal-to-noise ratio or quality of all or any part of our sites and services in any manner are expressly prohibited.
- Any attempt (whether or not successful) to engage in, or to enable, induce, encourage, cause or assist anyone else to engage in, any of the above unauthorized and prohibited access and activities is also expressly prohibited and is a violation of this TC.
If you access our sites and platform or copy, display, distribute, perform or create derivative works from our sites and services webpages or our intellectual property in violation of these TC or for purposes inconsistent with these TC, your access, copying, display, distribution, performance or derivative work is unauthorized. Circumvention of any technological restriction or security measure on our sites and services or any provision of these TC that restricts content, conduct, accounts or access is expressly prohibited. For purposes of this paragraph, you agree that cached copies of our webpages on your computer or computer server constitute “copies” under the Copyright Act, 17 U.S.C. § 101. For purposes of this paragraph, you further agree that CAPTCHAs and telephone verification are “technological measures” that effectively control access to copyright-protected components and our intellectual property rights pursuant to 17 U.S.C. § 1201.
Interactions with Others
We and our representatives are not parties to, have no involvement or interest in, make no representations or warranties as to, and have no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other user, person or organization (“your interactions with others”). You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research or due diligence with respect to your interactions with others.
You agree to indemnify and hold us and our representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of: (a) content that you post or transmit (including but not limited to content that a third-party deems defamatory or otherwise harmful or offensive); (b) activity that occurs through or by use of your account (including, without limitation, all content posted or transmitted and your interactions with others); (c) your use of or reliance on any user content; and (d) your violation of these TC. This indemnification obligation includes payment of any attorneys’ fees and costs incurred by us or our representatives. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with our defense of these claims.
Users are not charged fees to use our web sites. Users who become Clients of our Law Firm may pay fees and costs as further agreed to in any Agreement to Represent. A User does not become a Client of our Law Firm unless and until such an Agreement to Represent is executed by the User and an authorized representative of our Law Firm.
Trademarks and Copyrights
Our Law Firm has rights to intangible assets in the form of graphics related to the sites and platforms, website layout, computer software as well as to all company signs, symbols and trademarks used within its scope of business activity.
Our Law Firm sites and platform and all information, content, material, graphics, products (including any software) and services included on or otherwise made available to Users are its exclusive property and are covered by an act on copyright and associated rights.
Website addresses as well as their contents and layouts are protected by the aforesaid acts and any other applicable laws and regulations.
Our Law Firm sites, platforms and all information, content, materials, products (including any software) and services included on or otherwise made available to Users are provided by “as is” and “as available” basis unless specified otherwise in the Agreement. The Customer accepts the fitness of the Services and product for the purpose.
Prior written consent of our Law Firm is required for any not permitted business and non-business use of offered Services and products. Such consent is required in particular when disseminating and publicizing particular elements (e.g. photos, films, texts) in other Internet services/websites, printed publications, books, multimedia presentations and in other electronic media as well as for the disposal or use of its work (adaptations, alterations, modifications).
Unauthorized lending, sale, granting of further licenses and sublicenses to the offered products and services by the Customer or any other entity or person without express consent of our Law Firm is prohibited. Such acts are not deemed to be the proper use of our platform, sites or services.
The User must not modify or change the purpose and use of offered platform or Service. Misleading others as to the existence of cooperation, association, relationship or acting on behalf of our Law Firm is prohibited.
When you use our sites and services, send e-mails to us, text us, or call us, you are communicating with us. You consent to receive communications from us electronically, telephonically (including through the use of automated dialing systems), and by postal or other private mailing services. We will communicate with you by postal mail, e-mail, text messaging, phone, fax or by posting notices on our sites and services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Your use of our sites and platforms includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY SUCH AGREEMENTS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS PLATFORM/WEBSITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.