Terms Of Use

Last Updated: 07/08/2021

Welcome to Consumer Attorneys, PLLC website or mobile application!

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Continued use of this website or mobile application confirms your receipt and acceptance of the terms and conditions ("Terms of Use" or “Terms”) set below.

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

These Terms of Use are entered into by and between the user (“you” or “your”) and Consumer Attorneys (“Company," "we,” "us," or “our”). The following Terms of Use govern your access to and use of ConsumerAttorneys.com, any websites that Company maintains which link to these Terms, and any mobile applications or application plug-ins currently in use or as we may introduce from time to time (collectively, the "Website"), including any content, functionality, and services offered on or through the Website, whether as a guest or a registered user.

Please read the Terms of Use carefully before using the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, located on the Website’s homepage, incorporated herein by reference. If you do not wish to agree to these Terms of Use or the Privacy Policy, you shall not continue to access or use the Website.

The information contained on the Website is provided for educational and informational purposes only and the contents of the Website are not and should not be construed as legal advice. Nothing on the Website is legal advice or should supplement or inform in anyway your legal decisions or a decision to seek legal advice. The Website is not an offer to perform services on any matter. The Website contains general information from a variety of sources and might not reflect current legal developments, verdicts or settlements. We do not undertake to update material in our Site to reflect subsequent legal or other developments. See “Disclaimer of Legal Advice” for further information.

Privacy Policy.

The Company respects your privacy and adheres to all applicable laws regarding the privacy of information submitted by users of the site. A full statement of the Company’s Privacy Policy can be found on the homepage of the Website or, for your convenience, here: https://consumerattorneys.com/page/privacy-policy. Please carefully read the Privacy Policy, which is incorporated herein and also governs your use of the Website.

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.


Changes to the Terms of Use.

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.


Accessing the Website and Account Security.

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Website.
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.


Ownership and Intellectual Property Rights.

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), as well as Company software, systems, technology, and know-how, (collectively, “Company IP”) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The Company name, terms, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written consent of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You shall not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website or other Company IP, unless written consent is given by Company (“IP Prohibited Uses”).

You shall not:

  • Modify copies of any materials from this Website.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website.
  • Access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: info@consumerattorneys.com

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will terminate immediately and you must, at our option, return or destroy any copies of the Company IP you have made. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Except as expressly set forth herein, nothing herein shall be construed to confer any grant or license of any Company IP, whether by estoppel, by implication, or otherwise. You are strictly prohibited from using any Company IP except as expressly provided in these Terms of Use. You are also advised that Company and its licensor will aggressively enforce its intellectual property rights to the fullest extent of the law.


Prohibited Uses.

You may use the Website only for lawful purposes and in accordance with these Terms of Use.

You shall not use the Website:

  • To engage in any IP Prohibited Uses.
  • To frame, mirror, or in-line link the Website, or incorporate into another website, application, or other service any intellectual property.
  • To post, transmit, submit, or include any unlawful, harmful threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable content, material, or information of any kind, or any content, material, or information that may give rise to criminal or civil liability.
  • To submit or post any false or misleading information; and/or violate, infringe, or misappropriate the intellectual property, publicity, privacy, or other proprietary right of Company, its licensors, or any other person or entity.
  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you shall not:

  • Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

Monitoring and Enforcement; Termination.

You understand and acknowledge that you are responsible for any contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We have the right to:

  • Remove or refuse to post any contributions made by you for any or no reason in our sole discretion.
  • Take any action with respect to any contribution made by you that we deem necessary or appropriate in our sole discretion, including if we believe that such contribution violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
  • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.


Communications.

To ensure that consumers’ inquiries are handled accurately, courteously, and promptly, phone calls between you and Company or any of our affiliates, agents, case managers, paralegals and/or attorneys may be recorded. We may from time to time make calls and/or send text messages to you at any telephone number associated with your account. The manner in which there calls or text (SMS) messages are made to you may include, but is not limited to, the use of prerecorded/artificial voice message and/or an automatic telephone dialing system. You certify, warrant, and represent that the telephone numbers you have provided to us are your contact numbers. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree that Company may send emails to you at any email address you provide us, or use other electronic means of communication to the extent permitted by law.


General Attorney Services and Legal Requirements.

a. Disclaimer of Legal Advice

The content provided on the Website, such as documents, text, graphics, images, videos, news alerts, or other materials, is for informational purposes only. The information is not intended to be a substitute for professional legal advice. Always consult an attorney directly for any questions you may have regarding a legal matter.

Without limited the generality of the foregoing, the Website may present information or opinions about legal matters, which is for information purposes only. Such information is not necessarily the most current information on the subject and may or may not be updated based on the last information concerning such matters. Do not make any decisions regarding legal matters based on materials or information contained on the Website.

b. No Relationship or Obligation Arises from Use of the Website

The law differs in every jurisdiction, and you should not rely on any opinion except that of an attorney you have retained, who has a professional duty to advise you after being fully informed of all the pertinent facts, and who is license in the applicable state, and is familiar with the applicable law. Internet subscribers, mobile application users, and online reader should seek professional counsel about their legal rights and remedies. You should not act or refrain from acting on the basis of any information found on the Website. Any actions or decisions about your legal rights should be based on the particular facts and circumstances of your situation, and appropriate legal advice from an attorney retained by you. THE COMPANY EXPRESSLY DISCLAIMS ALL LIABILITY WITH RESPECT TO ACTIONS TAKEN OR NOT TAKEN BASED UPON ANY INFORMATION OR OTHER CONTENTS OF THE WEBSITE. Viewing the Website, or communication with the Company by e-mail or through the Website does not constitute or create an attorney-client relationship with anyone. The content and features on the Website do not create, and are not intended to create, an attorney-client relationship, and shall not be construed as legal advice. The content and features of the Website, including means to submit a question or information, do not constitute an offer to represent you or otherwise give rise to any attorney/client relationship.

c. State Laws Vary

Company lawyers are licensed to practice law only within a limited number of states, but we affiliate or form relationships with lawyers throughout the United States. Company may refer prospective clients to other law firms located throughout the country, who form relationships with the Company, and are experienced in handling such cases. The Company may also undertake legal representation in certain cases, and will affiliate with other legal counsel located throughout the country to provide legal representation. The laws of each state are different. The Website contained information about general or common rules that apply in some states. The Website also contains information about verdicts or settlements in past cases. You cannot assume that the same rules apply, or that the same result would occur, in your state or any particular state.

The Statute of Limitations is especially important. Every state has laws called the “statute of limitations” which set a deadline to file a lawsuit. That means that a lawsuit filed too law may be thrown out, regardless of the defendant’s fault or the severity of the injurie. Some states have a two-year period for negligence injury claims; the time period in other states may be longer or shorter. Insurance policies, particularly homeowners insurance, may require that a lawsuit be filed within one year of a loss. Some states allows claims against government agencies, but require a written notice very soon after the accident, perhaps within three months. Because investigation and research is need to identify all possible defendants and theories of recovery, if you have an accident or injury, you should consult a lawyer as soon as possible.

d. Company Clients

Only individuals who have entered into a mutually signed retainer agreement with the Company are Company clients (“Company Clients”). Certain portions of the Website designated as such by the Company, such as the “My Case” feature of the mobile application, may be available for use only by Company Clients. When Company Clients use such portions of the Website designated by the Company to communicate with us pursuant to our representation of a Company Client, we will ensure that any information provided pursuant to such attorney/client relationship may not be shared with third parties except as is done with such precautions to preserve the confidentiality of the relevant information and any attorney/client privilege as may attach to such information. The Company takes commercially reasonable measures to secure and protect the information that we collect.

e. Legal and Ethical Requirements

Company has tried to comply with all legal and ethical requirement in compiling the Website. We welcome comments about our compliance with the applicable rules and will update the Website as warranted, upon learning of any new or different requirements. To the extent that the professional responsibility rules of any jurisdiction require us to designate a principal office or any attorney responsible for the Website, here is the Company’s designated attorney and office address: Daniel Cohen, Esq., 300 Cadman Plaza W, 12th floor, Brooklyn, NY 11201.

f. State Advertising Disclosures

Because some material on the Website constitutes lawyer advertising, and the Website may be viewed from anywhere in the United States, particular disclosures are required by the rules of some states. Company adopts and makes the following disclosures:

Alabama

No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

Colorado

Colorado does not certify attorneys as specialist in any field.

Florida

The hiring of a lawyer us an important decision that should not be based solely upon advertisement. Before you decide, ask us to send you free written information about out qualifications and experience.

Iowa

The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisement or self-proclaimed expertise. This disclosure is required by rule of the Supreme Court of Iowa. NOTICE TO THE PUBLIC: Memberships and offices in legal fraternities and legal societies, technical and professional licenses, and memberships in scientific, technical and professional associations and societies of law or filed of practice do not mean that a lawyer is a specialist or expert in a field of law, nor do they mean that such a lawyer is necessarily any more expert or competent than any other lawyer. All potential clients are urged to make their own independent investigation and evaluation of any lawyer being considered. This notice is required by rule of the Supreme Court of Iowa.

Kentucky and Oregon

THIS IS AN ADVERTISEMENT

Mississippi

The Mississippi Supreme Court advises that a decision on legal services is important and should not be based solely on advertisements.

Missouri

Neither the Supreme Court of Missouri not the Missouri Bar reviews or approves certifying organization or specialist designations.

Nevada

The State Bar of Nevada does not certify any lawyer as a specialist or expert.

New Jersey

ATTORNEY ADVERTISEMENT – NOT A REFERRAL SERVICE. Before making your choice of an attorney, you should give this matter careful thought. The selection of an attorney is an important decision.

New Mexico

LAWYER ADVERTISEMENT.

New York

ATTORNEY ADVERTISING. Prior results do not guarantee a similar outcome.

Pennsylvania

ATTORNEY ADVERTISEMENT – NOT A REFERRAL SERVICE. Before making your choice of an attorney, you should give this matter careful thought. The selection of an attorney is an important decision.

Tennessee

None of the attorneys in this firm are certified as Civil Trial, Criminal Trial, Business Bankruptcy, Consumer Bankruptcy, Creditor’s Rights, Medical Malpractice, Accounting Malpractice, Estate Planning or Elder Law specialist by the Tennessee Commission on Continuing Legal Education and Specialization. Certification as a specialist in all other listed areas is not currently available in Tennessee.

Texas

Unless otherwise stated, our attorneys claiming certification in an area of law are not certified by the Texas Board of Legal Specialization.

Wyoming

The Wyoming State Bar does not certify any lawyer as a specialist or expert. Anyone considering a lawyer should independently investigate the lawyer’s credential and ability, and not rely upon advertisements or self-proclaimed expertise.


Attorney Access Services.

When purchased, the Company may perform certain attorney access services to introduce users of the Website to Company attorneys, or chosen outside counsel, (“Company Attorneys”) to provide limited legal services through the Company’s pre-paid legal services membership plan (“Legal Access Plan”). Company Attorneys may only perform limited legal services offered through the Legal Access Plan packages.

If you are planning to purchase the Legal Access Plan, which includes limited legal services provided by Company Attorneys, your relationship with the Company is also governed by additional terms and conditions provided in the Legal Access Plan Terms of Service (“Plan Terms”) and the Legal Access Plan Agreement (“Legal Access Plan Agreement”), which are both incorporated herein by reference. Before purchasing the Legal Access Plan, please carefully read the Plan Terms and the Legal Access Plan Agreement. For services under the Legal Access Plan to begin, you shall acknowledge, agree, and sign the Legal Access Plan Agreement upon purchase of the Legal Access Plan.


Identity Theft Protection Services.

The Protection and Monitoring package offered through the Legal Access Plan provides identity theft protection services (“ID Protection”). Although ID Protection is listed as an additional package offered under the Legal Access Plan, the ID Protection services are not performed by Consumer Attorneys, PLLC. ID Protection services are offered through the Company and provided by a third-party, consumer protection & monitoring LLC. The Company has an interest in the ID Protection services provided by consumer protection & monitoring LLC.

Before engaging in ID Protection services under the Legal Access Plan, please carefully read the additional terms found here: https://irisprime./general/terms-of-service.html. Please also read additional information regarding ID Protection in the Plan Terms.


Changes to the Website.

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.


Links to Third Party Sites.

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.


Geographic Restrictions.

We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.


Do Not Track Requests.

We adhere to the standard set out in our Privacy Policy and do not monitor or follow any Do Not Track browser requests.


Confidentiality.

Information sent to Company via Internet, e-mail, or through the Website is not secure and is done on a non-confidential basis. The Company may make reasonable efforts to keep communications private, but because of the nature of Internet communications and the absence of an attorney/client relationship, we cannot promise or guarantee confidentiality.


Disclaimer of Warranties.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

The foregoing does not affect any liability that cannot be excluded or limited under applicable law.


Reliance on Information Posted.

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.


Limitation on Liability.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, ATTORNEYS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

The foregoing does not affect any liability that cannot be excluded or limited under applicable law.


Indemnification.

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your contributions to the Website, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.


Governing Law and Jurisdiction.

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction). You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.


Mandatory Binding Arbitration.

Unless Company expressly states otherwise, Company requires you to submit any and all claims or disputes by you arising from or related to the Website, your Use of the Website, the Terms of Use, or the Privacy Policy, including disputes arising from or concerning your interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York state law.

Both your agreement to arbitrate all controversies, disputes, and claims, and the results and awards rendered through the arbitration, will be final and binding on you and may be specifically enforced by legal proceedings. Such arbitration will be the sole means of resolving such controversies, disputes and claims, and you waive your rights to resolve such controversies, disputes and claims by court proceedings or any other means. You agree that judgment may be entered on the award in any court of competent jurisdiction and, therefore, any award rendered shall be binding. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of representative or class proceeding. You understand that by agreeing to arbitration as a mechanism to resolve all of your controversies, disputes and claims, you are waiving certain rights, including the right to bring an action in court, the right to a jury trial, the right to broad discovery, any the right to an appeal. You understand that in the context of arbitration, a case is decided by an arbitrator (one or more), but not a judge or jury.


Waiver.

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. No consent or waiver by Company hereof will be deemed effective unless in writing.


Severability.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.


Entire Agreement.

The Terms of Use, our Privacy Policy, the Plan Terms, the Legal Access Plan Agreement, and any other referenced document herein or applicable terms constitute the sole and entire agreement between you and Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.