PLEASE READ THE FOLLOWING TERMS OF SERVICES & LEGAL NOTICES
("THIS AGREEMENT") CAREFULLY BEFORE USING THE ClassActionConnect.com
WEBSITE ("THE SITE," "ClassActionConnect.com,"
or "CAC"). The terms tell you about your (and our) rights
under this Agreement, explain how we protect your privacy, and make
certain disclosures required by the law. By using the Site, you
give your assent to the terms of this Agreement. If you do not agree
to these terms, you may not use the Site. Blim & Edelson, LLC
("We" or "Our") has the right, in our sole discretion,
to modify, add or remove any terms or conditions of this Agreement
without giving individual notice to you, by posting the changes
on the Site. Your continuing use of the Site signifies your acceptances
of any such changes.
1. Background
This Site is maintained on behalf of Blim & Edelson, LLC and
a consortium of plaintiff's class action law firms located throughout
the country (the "Consortium) to facilitate the public's
ability to learn about class actions and its ability to interact
with class action attorneys. In addition to educating the general
public about class actions, CAC provides users with the ability
to search pending class action investigations being conducted
by firms in the Consortium, to submit new potential claims for
possible investigation by firms in the Consortium and to request
to be contacted by law firms in the Consortium to discuss particular
class action investigations and/or potential claim(s).
CAC itself is not a law firm but rather a venue owned and operated
by Blim & Edelson. CAC does not receive any portion of any
lawyer's or law firm's fees and any arrangements subsequently
made by you and any lawyer or law firm are strictly between you
and such party and do not involve CAC in any way, although Blim
& Edelson, may, from time to time, jointly prosecute cases
advertised on the Site and such cases may be referred to other
attorneys in the Consortium for principal responsibility and participation.
2. Purpose
The materials and information on the Site are provided for informational
purposes only, and may not reflect current legal developments
or variances in the law of different jurisdictions. Nothing on
the Site should be construed as legal advice or used as a substitute
for legal advice. CAC does not provide legal advice. The materials
and information on the Site do not necessarily reflect the opinions
of the members of the Consortium, their partners, clients or affiliates.
The information in the Site is not guaranteed to be correct, complete
or up to date. The Site is not intended to, and does not, constitute
or create an attorney-client relationship between you and any
member of the Consortium or such member's partners, employees,
agents or affiliates, or any other attorney associated with the
Site. Additionally, the mere receipt of an e-mail or a "post"
on the Site does not create an attorney-client relationship.
YOU SHOULD NOT ACT OR RELY ON THE BASIS OF ANY INFORMATION ON
THE SITE WITHOUT SEEKING AND RETAINING THE ADVICE OF AN ATTORNEY.
3. Submission of Information
By submitting information to us, you agree that we may release
your contact information and all information that may be submitted
by you to law firms in the Consortium expressing an interest in
possibly pursuing your potential claim(s) and you further agree
and understand that such law firms may contact you directly should
they have any interest in discussing your potential claim(s) with
you, unless you request in writing your desire not to be contacted.
In no event, however, shall we be obligated to release any submitted
information to law firms in the Consortium, including contact
names, but rather may or may not do so at our sole discretion.
Furthermore, in no event is any law firm in the Consortium obligated
to contact you with regard to your potential claim(s), but rather
may or may not do so at its sole discretion. By accepting the
submission of your information, we do not offer any advice on
whether you may have a legal remedy for your potential claim(s),
and make no representation or guarantee that you will obtain satisfaction,
justice or compensation for your potential claim(s), and we do
not offer any opinion whatsoever concerning the merits of any
potential claim you might have. If, after discussing your specific
case with an attorney member of the Consortium, the attorney is
willing to represent you in the specific matter you have presented
to them, they will send you a retainer agreement in the mail that
you will need to sign and return before they can represent you
in that specific matter. If either the attorneys or you do not
agree in writing to create an attorney-client relationship, none
will exist. In the meantime, you are encouraged to seek and retain
the advice of other counsel if you intend to pursue any potential
claims to avoid having your potential case barred by relevant
statutes of limitation, statutes of repose, and/or other similar
deadlines by which you must bring a lawsuit or lose the right
to do so.
4. Privacy Policy
Your personal information is subject to our Privacy Policy, which
is incorporated herein by reference. Click here to review our
privacy policy.
5. Modifications to the Site
We reserve the right at any time and from time to time to modify
or discontinue, temporarily or permanently, the Site (or any part
of it) with or without notice. In the event of a modification
or discontinuance, all information submitted by you and others
may be lost. You agree to keep a permanent record of all information
provided to us, and you agree that all information submitted to
us is at your sole risk. You agree that we have no responsibility
or liability for the deletion or failure to store any Content
maintained or transmitted by the Site including without limitation
messages and other communications. You agree that we shall not
be liable to you or to any third party for any modification, suspension
or discontinuance of the Service.
6. Participation in the Site
By submitting information to, reading, participating, or otherwise
using the Site, you agree that you will abide by the following
rules:
- The Site may only be used in good faith and may not be used
to transmit or otherwise make available any information that
is false or that you do not have a right to make available 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), to threaten, abuse, harass,
or invade the rights of any person or entity, to infringe on
any person or entity's intellectual property rights, or in any
other way that could reasonably be deemed unethical, illegal,
or offensive.
- You may not misidentify yourself or impersonate any person
or entity, or falsely state or otherwise misrepresent your affiliation
with a person or entity (e.g., pretend to be a different person
or from a different company or organization.).
- Unless you have our prior written consent, you will not post
advertisements or promotional materials, solicit participants
and/or visitors of the Site, reproduce, duplicate, copy, sell,
resell or exploit for any commercial purposes, any portion of
the Site or its Services, use of the Site or it Services, or
access to the Site or its Services.
- You are prohibited from using any type of computer "worm,"
"virus" or any other device that is intended or is
likely to disrupt, overload, or otherwise impair the workings
of any part of the Site. If you do engage in such conduct, the
resulting damage will be hard to quantify as a dollar amount
and thus you hereby agree to pay us liquidated damages in the
amount of $5,000 for each day that the Site is damaged until
the Site is completely repaired. This amount is derived by estimating
the value of (1) the loss of good will caused by an inoperable
site, (2) the time and money it will take to repair the Site
and to address the concerns of visitors. We are required to
use reasonable efforts to repair the Site as quickly as possible.
This clause will not prohibit us from seeking additional compensation
if your conduct injures us in a way not expressly contemplated
herein.
- You are not permitted to collect or store personal data about
other users.
- You are not permitted to access the Site for the purpose of
data mining or extracting content from the Site beyond your
personal end use.
- You may not forge headers or otherwise manipulate identifiers
in order to disguise the origin of any Content transmitted through
the Site.
- You agree to not harm minors in any way.
- You shall not 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.
- In the event you submit information through the Site, you
agree to provide true, accurate, current and complete information
and agree to promptly update the information to keep it true,
accurate, current and complete. If you provide any information
that is untrue, inaccurate, not current or incomplete, and/or
we have reasonable grounds to suspect that such information
is untrue, inaccurate, not current or incomplete, we have the
right to suspend or terminate your participation in the Site
and/or refuse any and all current or future use of the Site
or its services (or any portion thereof).
- 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 our service,
are the sole responsibility of the person from which such Content
originated. This means that you, and not us, are entirely responsible
for all Content that you upload, post, email or otherwise transmit
via the Site. We do not control all of the Content posted via
the Site and, as such, do not guarantee the accuracy, integrity
or quality of such Content. You understand that by using the
Site, you may be exposed to Content that is offensive, indecent
or objectionable. Under no circumstances will we 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.
- You acknowledge that we may or may not pre-screen Content,
but that we and our designees shall have the right (but not
the obligation) in our sole discretion to pre-screen, refuse,
or move any Content that is available via the Site. Without
limiting the foregoing, we and our designees shall have the
right (but not the obligation) to remove any Content that violates
this agreement or is otherwise objectionable.
7. Intellectual Property Rights
You acknowledge and agree that the Site and any necessary software
used in connection with the Site may contain proprietary and confidential
information that is protected by applicable intellectual property
and other laws. Except for the limited license contained in paragraph
8 below, nothing in these Terms and Conditions grants or should
be construed to grant any licenses or rights, by implication,
estoppel or otherwise, under copyright or other intellectual property
rights. You agree that all right, title and interest (including
all copyrights, trademarks, service marks, patents and other intellectual
property rights) in this Site and its content belong to us, or
our licensors, as applicable. No part of the materials including
graphics or logos, available in this site may be copied, photocopied,
reproduced, translated or reduced to any electronic medium or
machine-readable form, in whole or in part, without specific permission.
Except as expressly authorized by us, you further agree not to
modify, rent, lease, loan, sell, distribute or create derivative
works based on the Site or the software, in whole or in part.
8. Limited License; Permitted Uses
You are granted a non-exclusive, non-transferable, revocable
license (1) to access and use the Site strictly in accordance
with these Terms and Conditions; (2) to use the Site solely for
internal, personal, non-commercial purposes; and (3) to print
out discrete information and search results from the Site solely
for internal, personal, non-commercial purposes and provided that
you maintain all copyright and other notices contained therein.
9. Restrictions and Prohibitions on Use
Your license to access and use the Site and its services are subject
to the following additional restrictions and prohibitions on use.
You may not (1) copy, print (except for the express limited purpose
permitted by paragraph 8, above), republish, display, transmit,
distribute, sell, rent, lease, loan or otherwise make available
in any form or by any means all or any portion of the Site, or
any information or materials retrieved therefrom; (2) use the
Site or any other materials from the Site to develop, or as a
component of, an information storage and retrieval system, database,
infobase, or similar information resource (in any media now existing
or hereafter developed), that is offered for commercial distribution
of any kind, including through sale, license, lease, rental, subscription,
or any other commercial distribution mechanism; (3) create compilations
or derivative works of the Site or any other materials from the
Site; (4) use the Site or any other materials from the Site in
any manner that may infringe any copyright, intellectual property
right, proprietary right, or property right of CAC or any third
parties; (5) remove, change, or obscure any copyright notice or
other proprietary notice or terms of use contained in the Site;
(6) make any portion of the Site available through any timesharing
system, service bureau, the Internet, or any other technology
now existing or developed in the future, without our express written
consent; (7) remove, disable, defeat or change any functionality
or appearance of the Site; (8) decompile, disassemble or reverse
engineer any Site software or use any network monitoring or discovery
software to determine the site architecture; (9) use any automatic
or manual process to harvest information from the Site; (10) use
the Site for the purpose of gathering information for or transmitting
(a) unsolicited commercial email; (b) email that makes use of
our name or trademarks, including in connection with invalid or
forged headers, invalid or nonexistent domain names, or other
means of deceptive addressing; and (c) unsolicited telephone calls
or facsimile transmissions; (11) use the Site in a manner that
violates any state or federal law regulating commercial email,
facsimile transmissions or telephone solicitations; and (12) export
or re-export the Site or any portion thereof, or any software
available on or through the Site, in violation of the export control
laws and regulations of the United States.
10. No Solicitation
You shall not distribute on or through the Site or to any persons
or entities identified via the Site any content or material containing
solicitations or advertising of any kind without our express prior
written permission.
11. Registration
Certain sections of this Site may require you to register.
If registration is requested, you agree to provide us with accurate,
complete registration information. Your registration must be done
using your real name and accurate information, even if the feature
permits you to post a question anonymously or interact using a
screen name. It is your responsibility to inform us of any changes
to that information by emailing registration@classactionconnect.com.
Each registration is for your personal use only, unless specifically
designated otherwise on the registration page. We do not permit
(a) any other person using the registered sections under your
name; or b) access through a single name being made available
to multiple users on a network. You are responsible for preventing
such unauthorized use. If you believe there has been unauthorized
use, you must notify us immediately by emailing registration@classactionconnect.com.
12. Indemnity
You agree to indemnify and hold us, and our subsidiaries, affiliates,
directors, officers, agents, third party contractors and employees,
harmless from all damages, costs, liabilities, and any claim or
demand made by any third party, including reasonable attorney's
fees due to or arising out of Content you submit, post to or transmit
through the Site, your use of the Site, your connection to the
Site, your violation of this agreement, or your violation of any
rights of another person, or due to or arising from such activities
carried out by a person using your CAC account or password, with
your knowledge.
13. Errors and Corrections
We do not represent or warrant that the Site will be error-free,
free of viruses or other harmful components, or that defects will
be corrected. We do not warrant or represent that the information
available on or through the Site will be correct, accurate, timely,
or otherwise reliable. We may (but are not obligated to) make
improvements and/or changes to its features, functionality or
content of the Site at any time. In no event shall we be liable
for any such errors or defects.
14. Termination
By using the Site, you do not acquire any rights to the Site other
than the limited license to use the Site (as set forth in paragraph
8 above) that can be terminated in accordance with this section.
You agree that we, in our sole discretion, may terminate your
password, account (or any part thereof) or use of the Site, and
remove and discard any Content within the Site, for any reason,
including, without limitation, non-payment, for lack of use, or
if we believe that you have violated or acted inconsistently with
the letter or spirit of this agreement. We may also in our sole
discretion and at any time discontinue providing the Site, or
any part thereof, with or without notice. You agree that any termination
of your access to the Site under any provision of this agreement
may be effected without prior notice, and acknowledge and agree
that we 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 Site. Further, you
agree that we shall not be liable to you or any third-party for
any termination of your access to the Site.
15. Third-Party Content
Third-party content may appear on this Site or may be accessible
via links from this Site. We shall not be responsible for and
assume no liability for any mistakes, misstatements of law, defamation,
omissions, falsehood, obscenity, pornography or profanity in the
statements, opinions, representations or any other form of content
contained in any third-party content appearing on the Site. You
understand that the information and opinions in the third-party
content represent solely the thoughts of the author and is neither
endorsed by us nor does it reflect our beliefs.
16. Dealings with Advertisers
Your correspondence or business dealings with, or participation
in promotions of, advertisers found on or through 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 advertiser. You
agree that we 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 Site.
17. Links to Other Websites
The Site may contain "hyperlinks" to websites neither
owned nor controlled by us and we are not responsible for, and,
unless otherwise noted specifically, make no representations or
endorsements with respect to these sites or with respect to any
service or product associated with these sites. By including these
hyperlinks, we do not mean to state or imply that we sponsor,
are affiliated with, or are legally authorized to use any trade
name, registered trademark, service mark, logo, legal or official
seal, or copyrighted symbol that may be reflected in the hyperlinks.
18. Disclosures Regarding Attorney Advertising
THIS SITE MAY CONTAIN ADVERTISING MATERIAL OR LAWYER ADVERTISEMENTS
Some jurisdictions may consider the Site to be a form of advertising
for legal services and as such may require specific disclosures.
Please read the following carefully:
THIS IS AN ADVERTISEMENT. 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 advertisements. Anyone considering
a lawyer should independently investigate the lawyer's credentials
and ability, and not rely upon advertisements or self-proclaimed
expertise. Hiring a lawyer is an important process that should
not be based solely upon advertisements.
The attorney responsible for the content of this Site is Jay
Edelson, of the law firm Blim & Edelson, LLC, 53 West Jackson
Boulevard, Suite 1642, Chicago, Illinois 60604. The member attorneys
of the Consortium are licensed to practice law in at least one
of the following jurisdictions: California, Illinois, Massachusetts,
Oklahoma, New York, Louisiana, Wisconsin, and the District of
Columbia. Additionally, the attorneys have been admitted pro hac
vice (on an individual case basis) in Texas, Maryland, Virginia,
and other states.
Neither Blim & Edelson, LLC nor any other attorney member
of the Consortium operate as a lawyer-advertising cooperative,
lawyer referral service, prepaid legal insurance provider, or
similar organization the business or activities of which include
the referral of customers, members, or beneficiaries to lawyers
for the performance of fee-generating legal services or the payment
for or provision of legal services to the customers, members,
or beneficiaries in matters for which they do not bear ultimate
responsibility. While Blim & Edelson, LLC maintains joint
responsibility for and participates in cases obtained as a result
of advertising on the Site, such cases may be referred to other
attorneys in the Consortium for principal responsibility and participation.
FREE BACKGROUND INFORMATION AVAILABLE UPON REQUEST
Before you decide to hire Blim & Edelson, LLC or any other
attorney in the Consortium, ask them to send you free written
information about their qualifications and experience. Additional
information about the lawyers or firms may also be obtained by
contacting the Bar Association in the State in which such lawyers
or law firms are licensed.
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. 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 fields of practice do not mean that a
lawyer is a specialist, expert, authority or is certified in a
particular field of law, nor do such memberships or licenses mean
that such a lawyer is more expert or competent than any other
lawyer.
A description or indication of limitation of practice does not
mean that any agency or board has certified such lawyer as a specialist,
expert or authority in an indicated field of law practice, nor
does it mean that such lawyer is more expert or competent than
any other lawyer. We urge all potential clients to make their
own independent investigation and evaluation of any lawyer being
considered.
Except where otherwise indicated, neither Blim & Edelson,
LLC nor any of the lawyers or law firms in the Consortium are
certified by the Florida Bar Board of Legal Specialization and
Education, the Texas Board of Legal Specialization ("Not
Certified by the Texas Board of Legal Specialization"), or
any other entity or body. The fact that certain attorneys or firms
concentrate their practices to plaintiffs' class actions (or any
other field) is not meant to imply that they have gained any specific
type of certification in these areas. Indeed, many states - including
Illinois - do not recognize certifications of specialties in the
practice of law and explicitly state that any such certificate,
award or recognition is not a requirement to practice law in those
states.
ADDITIONAL STATE SPECIFIC 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.
Alaska
The Alaska Bar Association does not accredit or endorse certifying
organizations.
Florida
The hiring of a lawyer is an important decision that should not
be based solely upon advertisements. Before you decide, ask us
to send you free written information about our qualifications
and experience.
Hawaii
The supreme Court of Hawai'i grants Hawai'i certification only
to lawyers in good standing who have successfully completed a
specialty program accredited by the American Bar Association.
Illinois
The Supreme Court of Illinois does not recognize certifications
of specialties in the practice of law and that the certificate,
award or recognition is not a requirement to practice law in Illinois.
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 advertisements or self-proclaimed expertise.
This disclosure is required by rule of the Supreme Court of Iowa.
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
field 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.
A description or indication of limitation of practice does not
mean that any agency or board has certified such lawyer as a specialist
or expert in an indicated field of law practice, nor does it mean
that such 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.
Massachusetts
If a Massachusetts lawyer holds himself or herself out as "certified"
in a particular service, field or area of law by a non-governmental
body, the certifying organization is a private organization, whose
standards for certification are not regulated by the Commonwealth
of Massachusetts.
Mississippi
Free Background information is available upon request to a Mississippi
attorney.
There is no procedure in Mississippi for approving certifying
or deisgnating organizations and authorities.
Missouri
ADVERTISING MATERIAL: COMMERCIAL SOLICITATIONS ARE PERMITTED BY
THE MISSOURI RULES OF PROFESSIONAL CONDUCT BUT ARE NEITHER SUBMITTED
TO NOR APPROVED BY THE MISSOURI BAR OR THE SUPREME COURT OF MISSOURI.
Neither the Supreme Court of Missouri nor the Missouri Bar reviews
or approves certifying organizations or specialist designations.
Nevada
Neither the state bar of Nevada nor any agency of the State Bar
has certified any lawyer identified here as a specialist or as
an expert. Anyone considering a lawyer should independently investigate
the lawyer's credentials and ability.
New Jersey
Any certification as a specialist, or any certification in a field
of practice, that does not state that such certification has been
granted by the Supreme Court of New Jersey or by an organization
that has been approved by the American Bar Association, indicates
that the certifying organization has not been approved, or has
been denied approval, by the Supreme Court of New Jersey and the
American Bar Association.
New Mexico
LAWYER ADVERTISEMENT
Any certification by an organization other than the New Mexico
Board of Legal Specialization does not constitute recognition
by the New Mexico Board of Legal Specialization, unless the lawyer
is also recognized by the board as a specialist in that area of
law.
Rhode Island
The Rhode Island Supreme Court licenses all lawyers in the general
practice of law. The court does not license or certify any lawyer
as an expert or specialist in any field of practice.
Tennessee
Certifications of Specialization are available to Tennessee lawyers
in all areas of practice relating to or included in the areas
of Civil Trial, Criminal Trial, Business Bankruptcy, Consumer
Bankruptcy, Creditor's Rights, Medical Malpractice, Legal Malpractice,
Accounting Malpractice, Elder Law, Estate Planning and Family
Law. Listing of related or included practice areas herein does
not constitute or imply a representation of certification of specialization.
Texas
Unless otherwise indicated, Not Certified by the Texas Board of
Legal Specialization.
Washington
The Supreme Court of Washington does not recognize certification
of specialties in the practice of law and that the certificate,
award, or recognition is not a requirement to practice law in
the State of Washington.
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 credentials and ability, and not rely upon advertisements
or self-proclaimed expertise.
Within the Site, we may include descriptions of successful lawsuits
brought by Blim & Edelson, LLC or other firms in the Consortium,
or other attorneys not affiliated with us, the Consortium or the
Site. These descriptions are not meant to create any unjustified
expectations that similar results can be obtained for others,
for each case turns on its own specific factual and legal circumstances.
No attorney can guarantee the success of a case and past successes
even in very similar lawsuits do not mean that success in a subsequent
case is guaranteed or even likely. Past success cannot be an assurance
of future success because each case must be decided on its own
merits. Results depend upon a variety of factors unique to each
case.
The material on this site is not intended to, and does not, include
any advertisements for legal services that contain dramatizations,
testimonials or endorsements. This site is intended to provide
useful, factual information presented in a non-sensational, objective
and understandable manner. The images and pictures on this site
are not meant to represent or depict actual persons or events,
but rather are merely provided for illustrative purposes only.
This Site is not intended for the purpose of advertising legal
services to be performed in any state solely by Blim & Edelson,
LLC or other attorney members of the Consortium, unless they are
specifically licensed to practice in that respective State.
To the extent that this Site does not comply with the laws or
regulations of any jurisdiction in which it may be received, neither
Blim & Edelson, LLC nor any other attorney in the Consortium
wish to, or knowingly will, accept legal representation based
on or resulting from the use of the Site from a person located
in that jurisdiction. Nor do Blim & Edelson, LLC, or any other
attorney in the Consortium wish to, or knowingly will, accept
legal representation based on or resulting from the use of the
Site from a person located outside the United States.
19. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. ALL CONTENT AND SERVICES
ON THE SITE IS PROVIDED SOLELY ON AN "AS-IS/AS-AVAILABLE"
BASIS.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR USE
AND NON-INFRINGEMENT.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO
REPRESENTATION OR WARRANTY THAT (i) THE CONTENT AND SERVICE OF
THIS SITE WILL MEET YOUR REQUIREMENTS, (ii) THE CONTENT AND SERVICE
OF THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE
WILL BE ACCURATE OR RELIABLE, OR (iv) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED
BY YOU THROUGH THE SITE IS ACCURATE OR WILL MEET YOUR EXPECTATIONS.
WE DO NOT GUARANTY THE ACCURACY OR COMPLETENESS OF ANY CONTENT
OR SERVICES AND WE DO NOT GUARANTY IN ANY SERVICES OR GOODS ASSOCIATED
WITH THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY
SERVICE OR GOOD WILL CONTINUE TO BE AVAILABLE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE
OF THE SERVICE 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, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
US OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THIS AGREEMENT.
20. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE 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 WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE
INABILITY TO USE THE SITE; (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 SITE; (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 SITE; (v) YOUR FAILURE TO RECEIVE ANY THIRD
PARTY SERVICES OR PRODUCTS REQUESTED THROUGH THE SITE OR (vi)
ANY OTHER MATTER RELATING TO THE SITE. IN NO EVENT ARE WE LIABLE
TO YOU FOR AN AMOUNT IN EXCESS OF THE AMOUNT PAID BY YOU TO US
FOR THE SERVICES IN QUESTION, IF ANY.
21. Exclusions And Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES
OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS
OF SECTIONS 14 AND 15 MAY NOT APPLY TO YOU.
22. Entire Agreement
This agreement constitutes the entire agreement between you and
us and governs your use of the Site, superceding any prior agreements
between you and us. You also may be subject to additional terms
and conditions that may apply when you use or purchase certain
other services, affiliate services, third-party content or third-party
software.
23. Choice of Forum
Any disputes arising out or related to use of this Site, this
agreement and/or the relationship between you and us shall be
submitted to arbitration in Chicago, Illinois carried out in accordance
with the rules of the American Arbitration Association.
24. Waiver and Severability of Terms
Our failure to exercise or enforce any right or provision of this
agreement shall not constitute a waiver of such right or provision.
If any provision of the agreement is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that
the court should endeavor to give effect to the parties' intentions
as reflected in the provision, and the other provisions of the
agreement shall remain in full force and effect.
25. Statute of Limitations
You agree that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to use
of this Site, this agreement and/or the relationship between you
and us must be filed within one (1) year after such claim or cause
of action arose or be forever barred.
26. Attorney Ethics Notice
If you are an attorney, participating in any aspect of this Site,
you acknowledge that rules of professional conduct apply to all
aspects of your participation and that you will abide by such
rules. The rules include, but are not limited to, the rules relating
to advertising, solicitation of clients, unauthorized practice
of law, and misrepresentations of fact. We disclaim all responsibility
for your compliance with these rules.
The section titles in this agreement are for convenience only
and have no legal or contractual effect.
27. Nature of Investigations
ClassActionConnect.com lists companies that are currently being
investigated by private attorneys. The fact that these companies
are being investigated does not mean to state or imply that they
have committed any illegal or improper act, or that a lawsuit
is being contemplated.
