The Terms and Conditions Agreement (“Agreement”) that applies to this website (“Site”), its subsidiaries, divisions, and related websites (collectively referred to as “Company”, “We”, or “Us”), is made between Us and You (“You” or “User”), and describes the proper kinds of conduct and prohibited uses of The Company’s products and services (the “Services”), as described to pursuant to which this policy is incorporated. This Agreement is not exhaustive, and The Company reserves the right to modify the Agreement at any time. By using and/or accessing the Site, Users agree to comply with and be bound by the Agreement in its entirety.
PLEASE REVIEW THE TERMS OF THE AGREEMENT CAREFULLY. IF A USER DOES NOT AGREE WITH THE TERMS OF THE AGREEMENT IN THEIR ENTIRETY, YOU MUST STOP USING THE SITE IMMEDIATELY.
YOU UNDERSTAND THAT CONTENT PROVIDED ON AND/OR THROUGH THE SITE IS ADVERTISING MATERIAL ONLY. NO CONTENT PROVIDED ON AND/OR THROUGH THE SITE MAY BE CONSTRUED AS MEDICAL, LEGAL OR OTHER ADVICE. You also understand and agree that The Company is not a lawyer referral service and that providing information to the Site does not form an attorney-client relationship. Certain states may consider this an attorney advertisement.
Information provided by you to the Site constitutes solely a request to have a law firm contact you about your case. Accordingly, you understand and agree that information you voluntarily provide us will be reviewed by more than one attorney and/or law firm, and that you may be contacted by more than one attorney and/or law firm. You agree that the information that you receive in response is for general information purposes and that you will not be charged for this response.
You further understand and agree that the laws of each state vary and you will not rely upon this information as legal advice. Since this matter may require advice particular to your home state, you understand and agree that local counsel may be contacted for referral of this matter, and that The Company bears no responsibility for retaining local counsel or otherwise as a result of your submission of contact information.
You also understand and agree that you are solely responsible for investigating any attorney or law firm that contacts you and that (i) neither The Company, nor its Affiliates may be held responsible for any claims you may have resulting from the services or information you may receive; and (ii)The Company makes no representations or warranties regarding the licensing, bonding or qualifications of any person who may contact you based on the submission of your information.
Any results appearing on the Site are specific to a particular case and do not represent a guarantee or prediction of future results.
By visiting or accessing the Site, you agree to be bound by this Agreement. You also consent to the terms of our online Privacy Policy and to our use and processing of any user information for the purposes provided in the Privacy Policy.
Your visitation and/or use of the Site means that you accept this Agreement and the practices set forth in our Privacy Policy. We reserve the right to make changes to this Agreement and/or our Privacy Policy at any time. Continued use following any change indicates your agreement and/or consent to the change(s). It is your sole responsibility to check back regularly for updates to this Agreement and our Privacy Policy.
The Site Offerings are available only to individuals who can enter into legally binding contracts under applicable law. The Site Offerings are not intended for use by individuals under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in their jurisdiction). If a User is under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in her/his jurisdiction) and/or if that User is unable to enter into legally binding contracts under applicable law, that User does not have permission to use and/or access the Site Offerings. The Company may terminate a User’s access to the Site Offerings at any time and for any reason, in its sole discretion. Such reasons may include, without limitation, where The Company believes that such User is: (a) in any way in breach of the Agreement; and/or (b) engaged in any improper conduct in connection with the Site Offerings.
You agree that by voluntarily providing us with your personal information, you are making an inquiry and thereby entering into a business relationship with The Company. You are requesting that The Company distribute your information to its Affiliates, and you expressly request and consent to be contacted by telephone, email, letter and/or fax by The Company, its employees, representatives, agents, Affiliates, and third party contracted vendors with information related to your inquiry as well as other promotions and offers, even if a telephone number you provide is on a federal, state, or wireless Do Not Call list. You expressly confirm you understand that these telephone calls, emails, letters and/or faxes are being made pursuant to your request for such communications.
The User may be required to submit, and The Company may collect, some or all of the following information: a) the User’s e-mail address; (b) the User’s full name; (c) the User’s telephone number; (d) the User’s mailing address; (e) the User’s date of birth; (f) questions regarding certain health conditions of the User and/or close family members of the User; and (g) any other information collected via the Contact Services form (collectively, “Contact Data”). Upon entering Contact Data and clicking on the applicable submission button on the Site: (i) you may be contacted by The Company and/or one (1) or more of its Third Party Legal Services Providers regarding your request; and/or (ii) The Company may pass your Contact Data along to one (1) or more of its Third Party Legal Services Providers. Where The Company contacts you in connection with your submission of Contact Data, a Company representative may request additional information over the telephone including some or all of the following: (A) prescription drugs taken in connection with same; (B) physician(s) that provide (d) treatment in connection with same; and (C) complications experienced in connection with same (collectively, “Follow-Up Data,” and together with the Contact Data, the “User Data”).
Each User agrees to provide true, accurate, current and complete User Data.
The Company’s use of User Data shall be governed by the Privacy Policy.
You understand and agree that The Company shall not be liable to you or any third party for any products and/or services offered by any Third Party Legal Services Provider.
Please be advised that the User Data submitted by you, and any and all other information provided by you to by Company, is not protected by the attorney-client privilege, and submitting this User Data does not create an attorney-client relationship.
(a) The Company does not sponsor, recommend or endorse any Third Party Legal Services Provider that is accessible by or through the Contact Services and/or other Site Offerings. The Site Offerings facilitate communication between Users and Company, as well as potential Third Party Legal Services Providers. The Company does not guarantee that Users will successfully find legal representation through the Site Offerings.
(b) Please use caution and common sense when using the Site Offerings. The Company in no way endorses the content or legality of any responses, statements or promises made by Third Party Legal Services Providers or any other parties on the Site or otherwise through the Site Offerings.
(c) The determination of the need for legal services and the choice of legal representation are extremely important decisions and should not be based solely on advertisements, or claims of expertise by any Third Party Legal Services Provider. The Company does not review the standing of any Third Party Legal Services Providers with any regulatory authority or bar association. Therefore, The Company makes no representation regarding the status, standing or ability of any Third Party Legal Services Provider. When considering employing a Third Party Legal Services Provider, Users should check that Third Party Legal Services Provider’s standing with the applicable state bar association.
(d) The Company is not responsible for, and in no way endorses, any description or indication of specialization or limitation of practice by any Third Party Legal Services Providers that are accessible through the Site Offerings. Please be aware that no agency or board may have certified such Third Party Legal Services Provider as a specialist or expert in any indicated field of law practice. In addition, a Third Party Legal Services Provider claiming specialization is not necessarily any more expert or competent than other legal professionals. Users should make an independent investigation, confirm and verify all claims made by Third Party Legal Services Providers. Users are encouraged to use caution when reviewing any information submitted by Third Party Legal Services Providers.
(e) The Company does not involve itself in the agreements between Users and Third Party Legal Services Providers or the actual provision of Legal Services in connection with the relationships created thereby. Therefore, The Company does not make any representations regarding the competency, trustworthiness, honesty, integrity and/or behavior of either its Users or Third Party Legal Services Providers. Each User, and not The Company, is solely responsible for assessing the competency, trustworthiness, honesty and integrity of all Third Party Legal Services Providers that the User contacts via the Site Offerings.
You agree to indemnify and hold us, our affiliates, employees, officers, directors and shareholders harmless from and against any claims, suits, actions or proceedings (“Claims”) brought and damages, costs (including attorneys’ fees) and/or judgments awarded against us that arise from or in connection with: (i) Claims by any person or entity to the extent that such Claims are based upon or arise out of user’s use of the Site or user’s actions; (ii) breach by user of this Agreement; or (iii) user’s failure to comply with all applicable laws. We shall give user written notice of such Claims, permit user to defend (with counsel reasonably acceptable to us) and/or settle such Claims (upon terms reasonably acceptable to us), and, subject to our sole discretion, give user information and assistance reasonably requested by user in connection with such Claims.
We reserve the right to modify this Policy and Agreement at any time, effective upon its posting, as modified, and you agree to the Modified Policy and Agreement by accessing or using our Website, products or services.
The Company respects the privacy of visitors to our site. All material submitted by Users through, or in association with the Site Offerings, including, without limitation, the User Data, shall be subject to the Privacy Policy. Please take a few minutes to review our Privacy Policy.
a. YOU UNDERSTAND AND AGREE THAT WE DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH THE SITE. WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT WE ARE NOT ENGAGED IN RENDERING PROFESSIONAL SERVICES OR ADVICE.
b. WE EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND OR NATURE, EXPRESS OR IMPLIED, INCLUDING REPRESENTATIONS AND WARRANTIES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USE OF TRADE.
c. THE ADVERTISERS APPEARING ON OR THROUGH THE SITE ARE NOT OUR AGENTS, PARTNERS OR EMPLOYEES AND WE ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY ENTITY OR SERVICE APPEARING ON OR AVAILABLE THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO INJURIES, DEATH, PROPERTY DAMAGE OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM;
d. WE DO NOT REPRESENT OR WARRANT THAT: (i) THE SITE WILL MEET USERS’ REQUIREMENTS OR EXPECTATIONS; (ii) THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT INFORMATION OBTAINED WILL BE ACCURATE OR RELIABLE; OR (iii) THAT ALL DEFICIENCIES IN THE SERVICE CAN BE FOUND OR CORRECTED. FURTHER, THE SITE MAY BE INTERRUPTED OR UNAVAILABLE FOR THE PURPOSES OF PERFORMING MAINTENANCE OR UPGRADES. WE WILL NOT BE RESPONSIBLE FOR: (a) SERVICE IMPAIRMENTS CAUSED BY ACTS WITHIN THE CONTROL OF USER OR ANY USER; (b) INTEROPERABILITY OF SPECIFIC USER APPLICATIONS OR EQUIPMENT; (c) INABILITY OF USER TO ACCESS OR INTERACT WITH ANY OTHER SERVICE PROVIDER THROUGH THE INTERNET, OTHER NETWORKS OR USERS THAT COMPRISE THE INTERNET OR THE INFORMATIONAL OR COMPUTING RESOURCES AVAILABLE THROUGH THE INTERNET; (d) INTERACTION WITH OTHER SERVICE PROVIDERS, NETWORKS, USERS OR INFORMATIONAL OR COMPUTING RESOURCES THROUGH THE INTERNET; (e) SERVICE PROVIDED BY OTHER SERVICE PROVIDERS; OR (f) PERFORMANCE IMPAIRMENTS CAUSED ELSEWHERE ON THE INTERNET.
e. WE DO NOT WARRANT THAT THE SERVICE OR ITS OPERATION WILL BE ACCURATE, RELIABLE, UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL AGENTS.
f. NEITHER THE COMPANY, NOR THE SITE IS AFFILIATED WITH, SPONSORED, ENDORSED, OR APPROVED BY THE MANUFACTURERS OF ANY OF THE PRODUCTS MENTIONED ON THE SITE.
a. IN NO EVENT, INCLUDING NEGLIGENCE, WILL WE OR ANYONE ELSE INVOLVED IN ADMINISTERING THE SITE BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL LOSS OR DAMAGE, LOST BUSINESS REVENUE, LOSS OF PROFITS, LOSS OF DATA, DAMAGES FOR DELAY, PUNITIVE OR EXEMPLARY DAMAGES, FAILURE TO REALIZE EXPECTED PROFITS OR SAVINGS OR ANY CLAIM AGAINST USER BY ANY OTHER PERSON RESULTING FROM MISTAKES, OMISSIONS, SERVICE INTERRUPTIONS, SERVER DOWNTIME, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR FAILURE OF PERFORMANCE OF THE SERVICE, OR FOR ANY OTHER REASON, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES.
b. WE SHALL NOT BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT, LOSS OR DESTRUCTION OF ANY DATA, EQUIPMENT OR SERVICES, INCLUDING THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD.
c. WE SHALL BE LIABLE TO USER ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE TO USER. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS AGREEMENT SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND, OR ACTION BY USER, INCLUDING BREACH OF CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT OR OF ANY REMEDY CONTAINED HEREIN. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON DURATION OR THE EXCLUSION OF AN IMPLIED WARRANTY, OR MAY PROVIDE ADDITIONAL RIGHTS THAT MAY NOT BE WAIVED PURSUANT TO THIS DOCUMENT.
d. YOU HEREBY ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR ANY INTERCEPTED INFORMATION SENT VIA THE INTERNET, AND YOU HEREBY RELEASE US FROM ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THE USE OF INTERCEPTED INFORMATION IN ANY UNAUTHORIZED MANNER.
e. USERS WHO RESIDE IN CALIFORNIA AGREE TO WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR
a. Severability. To the extent that any provision or portion of this Agreement is deemed to be invalid, illegal or unenforceable, such provision or portion shall be severed and deleted or limited so as to give effect to the intent of the parties insofar as possible and the remainder of this Agreement, as the case may be, shall remain binding upon the parties.
b. Assignment. User may not, without our prior written consent (which may be given or withheld in our sole discretion), assign or transfer this Agreement or any of its rights or obligations under this Agreement to any third person. We may assign this Agreement to any person or entity without your consent. We may delegate to our affiliates, agents, suppliers and contractors any of the obligations herein imposed upon us and we may disclose to any such persons any information required by them to perform the duties so delegated to them.
c. Waiver. A failure or delay by us to enforce any right under this Agreement shall not at any time constitute a waiver of such right or any other right, and shall not modify the rights or obligations of either party under this Agreement.
d. Governing Law; Forum; Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California without reference to conflict or choice of law rules or principles. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of California located in Los Angeles County or in the United States District Court for the Central District of California for the purposes of any suit, action or other proceeding arising out of this Agreement or the subject matter hereof brought by any party hereto; and hereby waive and agree not to assert as a defense or otherwise, in any such suit action or proceeding, any claim that it is not subject personally to the jurisdiction of the above-named courts, that the suit, action or proceeding is brought in an inconvenient forum, or that the venue of the suit, action or proceeding is improper.
e. Waiver of Jury Trial and Class Suit. You also acknowledge and understand that, with respect to any dispute with us, our officers, directors, employees, partners, limited partners, agents or affiliates, relating to or arising from your use of the Site or this Agreement that YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY AND YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING SUCH DISPUTE.
f. Miscellaneous. All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
g. Construction. The titles of the sections of this Agreement are for convenience of reference only and are not to be considered in construing any meanings contained in this Agreement. Unless the context of this Agreement clearly requires otherwise (i) references to the plural include the singular, the singular the plural, and the part the whole, (ii) references to one gender include all genders, (iii) “or” has the inclusive meaning frequently identified with the phrase “and/or,” (iv) “including” has the inclusive meaning frequently identified with the phrase “including but not limited to” or “including without limitation,” and (v) references to “hereunder,” “herein” or “hereof” relate to this Agreement as a whole. Any reference in this Agreement to any statute, rule, regulation or agreement, including this Agreement, shall be deemed to include such statute, rule, regulation or agreement as it may be modified, varied, amended or supplemented from time to time. The parties agree that this Agreement shall be fairly interpreted in accordance with its terms without any strict construction in favor of or against either party, and that ambiguities shall not be interpreted against the drafting party.
h. Attorneys’ Fees. If any legal action between you and us is necessary in order to enforce any of the terms of this Agreement, the prevailing party in any such action shall be entitled to recover its reasonable attorneys’ fees and costs from the non-prevailing party.
i. Relationship. These Terms create no agency, partnership, joint venture, or employee-employer relationship between you and The Company, unless otherwise noted in writing by The Company.
j. Entire Agreement. This Agreement sets forth the entire agreement of the parties, and supersedes prior agreements and all prior discussions between the parties, relating to the subject matter contained herein. Neither party shall be bound by any definition, condition, provision, representation, warranty, covenant or promise other than as expressly stated in this Agreement or as contemporaneously or subsequently set forth in writing and signed by a duly authorized officer or representative of the party to be bound thereby.
The Company makes no representation or warranty the Site or its services are appropriate or available outside the U.S. If you choose to access or use the Site from outside the U.S., you do so on your own initiative and will be solely responsible for compliance with local laws.
If you have any questions about the Agreement, Site Services, or the practices of The Company, please contact us at: contact@atraxiamedia.com.
THIS NOTICE IS SUBJECT TO MODIFICATION OR TERMINATION AT ANY TIME, WHETHER FOR CHANGES IN THE LAW OR AT THE CONVENIENCE OF THIS COMPANY, WITHOUT ADVANCE NOTICE. YOU MUST CHECK BACK FREQUENTLY TO ENSURE THAT YOU SEE A CORRECT, CURRENT VERSION OF THE NOTICE.
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act and other applicable intellectual property laws. Responses may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification pursuant to sections 512(g)(2) and (3) of that Act. It is our policy to document all notices of alleged infringement on which we act.
Please refer to the following detailed instructions, which must be followed to protect your rights under the Digital Millennium Copyright Act.
To file a notice of infringement with us, you must provide a written communication (by fax or regular mail — not by email, except by prior agreement) that sets forth the items specified below. Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
Your communication must include substantially all of the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identify in sufficient detail the location of copyrighted work that you believe has been infringed upon (for example, “The copyrighted work at issue is the text that appears on http://www.atraxiamedia.com/uglytext_page.html”) or other information sufficient to specify the copyrighted work being infringed. If multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
The following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.”
The following statement: “I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
Send the written communication to:
Atraxia Media / Legal
16835 W Bernardo Dr Ste 214
San Diego, CA 92127
Counter Notification
The administrator of an affected site or the provider of affected content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we may reinstate the material in question.
To file a counter notification with us, you must provide a written communication (by fax or regular mail — not by email, except by prior agreement) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney. To expedite our ability to process your counter notification, please use the following format (including section numbers):
Your communication must include substantially the following:
A physical or electronic signature of the subscriber.
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
Your name, address, and telephone number
The following statement: “I consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, (or San Diego County, California if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.