Terms of Service
- Welcome to OnlineLegalMarketing.com
Online Legal Marketing ("OLM") doing business as OnlineLegalMarketing.com provides its services to you subject to the following Terms of Service ("TOS"), whether or not you have registered for the Service. We may update these TOS from time to time. You can review the most current version of the TOS at any time by returning to this page. These TOS constitute the entire agreement between you and OLM and govern your use of the Service, superseding any prior agreements between you and OLM. You may also be subject to additional terms and conditions that may apply when you use particular services. We may modify this TOS from time to time without notice to you. Please check this web site frequently for the most up-to-date Terms.
- Our Service
OLM provides users with the ability to register a personal complaint or injustice (the Service) and forward it to the law firm whose advertising you are responding to. By posting your information with OLM, you agree that OLM may release your contact information and all information that may be posted by you to the law firms you have chosen. Unless explicitly stated otherwise, any new features or services offered pursuant to this web site are subject to these TOS.
OLM does not provide legal advice. By accepting the posting of your complaint, OLM does not offer any advice on whether you may have a legal remedy for your complaint or injustice, and makes no representation or guarantee that you will obtain satisfaction, justice or compensation for your complaint or injustice. OLM is not obligated to release any posted information, including contact names. OLM does not offer any opinion whatsoever concerning the merits of any claim you might have. OLM encourages you to also contact other counsel if you intend to pursue any claims, and you should do so promptly to avoid having your case barred by the statute of limitations.
For security reasons, it is OLM's policy to not keep any forms etc. submitted, beyond a very limited period of time.
The information provided on this web site has been prepared by Online Legal Marketing, and is for general informational purposes only. The information on this website may be considered advertising under various states' rules governing lawyer professional conduct.
You should not act, or refrain from acting, based upon any information on this web site. This information does not, and is not intended to, constitute legal advice. The information provided at this web site is not privileged and does not create an attorney-client relationship. Submitting a case evaluation or any type of response or other information through this web site will not create an attorney-client relationship and nothing contained in this web site is to be considered an offer to represent you.
Information appearing on this web site may only be reproduced in its entirety (without modification, and must include this Notice) for the individual reader's personal or educational use. Transmission of the information appearing at this web site is not intended to create, and its receipt by the reader does not establish or constitute, an attorney-client relationship.
- News and Feature Articles
OLM's service also includes the posting of original news and features articles. All such news and feature articles are the sole responsibility of the writer submitting the articles. OLM does not endorse, warrant, agree or disagree with the content of any articles posted by independent writers on its website.
- Modifications to Service
OLM reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part of it) with or without notice. In the event of a modification or discontinuance of service, all information submitted by you and others may be lost. You agree to keep a permanent record of all information provided to OLM, and you agree that all information submitted to OLM is at your sole risk. You agree that OLM has no responsibility or liability for the deletion or failure to store any Content (as defined after this) maintained or transmitted by the Service including without limitation messages and other communications.
You agree that OLM shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
- Your Information
You must be at least 18 years of age to use our service. In consideration of your use of the Service, you agree to:
- Provide true, accurate, current and complete information about yourself if prompted by the Service's registration form (such information being the Registration Data) and
- Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or OLM has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, OLM has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
- No Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
- Your Responsibility
You understand and agree that all information, statistical data, text, software, music, sound, photographs, graphics, video, messages or other materials (Content), whether publicly posted or privately transmitted by you and other users of our service, are the sole responsibility of the person from which such Content originated. This means that you, and not OLM, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service. OLM does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will OLM be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.
You agree that you will not use the Service so as to violate the law, to misuse the proprietary information or property of others, or to make publications which are threatening or defamatory or otherwise injurious to the safety, business or reputation of others. Without limiting the generality of the foregoing, you also agree not to do any of the following:
- Upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- Impersonate any person or entity, including, but not limited to, a OLM official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
- Upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (Rights) of any party;
- Collect or store personal data about other users;
- Access the Service for the purpose of data mining or extracting content from the Service beyond your personal end use.
- Harm minors in any way;
- 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;
- Stalk or otherwise harass another; or
- Engage in deceptive marketing or advertising practices.
You acknowledge that OLM does not pre-screen Content, but that OLM has the right (but not the obligation) in its sole discretion to refuse or remove any Content from the Service without notice to you.
You acknowledge and agree that OLM may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of OLM, its users and the public.
- Use of Content
Except as expressly authorized by OLM or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or its content, in whole or in part.
With respect to Content you elect to post with OLM, you grant OLM the royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) world wide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
You agree not to access the Service by any means other than through the interface that is provided by OLM for use in accessing the Service.
- OLM's Proprietary Rights
OLM, the OLM logo and other OLM logos and product and service names are trademarks of Online Legal Marketing (the OLM Marks), whether or not registered. Without OLM prior permission, you agree not to display or use in any manner, the OLM Marks.
- OLM Privacy Policy
Your personal information is subject to our Privacy Policy. For more information, please see our full privacy policy. While OLM has security procedures in place, it does not guarantee that the procedures will prevent loss, alteration or improper access to data or other content that is part of the Service, including the release of your information to potential defendants.
When you submit a complaint to OLM, you will be sent a complimentary issue of the Class Action and Large Recoveries Newsletter, in order to keep you up to date with new class actions and settlements. If you do not wish to receive further issues, please use the unsubscribe link provided at the bottom of the Newsletter.
- Indemnity
You agree to indemnify and hold OLM, and its subsidiaries, affiliates, directors, officers, agents, third party contractors and employees, harmless from all damages, costs, liabilities, and any claim or demand, including reasonable attorney's fees due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another person, or due to or arising from such activities carried out by a person using your OLM account or password, with your knowledge.
- Termination
By using the Service, you do not acquire any rights to the Service other than a license to use it that can be terminated in accordance with this section. You agree that OLM, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, non-payment, for lack of use, or if OLM believes that you have violated or acted inconsistently with the letter or spirit of the TOS. OLM may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that OLM may immediately deactivate or delete your account and all related Content information and files in your account and/or bar any further access to such files or the Service. Further, you agree that OLM shall not be liable to you or any third-party for any termination of your access to the Service.
- Dealings with Third Parties
Your correspondence or business dealings with third parties accessed through the Service, 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 OLM shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service. Without limiting the generality of the foregoing, you assume the sole and entire responsibility for dealing with any lawyers that may acquire the right to Content posted by you and others, and you acknowledge that OLM has not approved of such lawyers in any way.
- Links
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because OLM has no control over such sites and resources, you acknowledge and agree that OLM is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that OLM shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
- Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. OLM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, OLM MAKES NO REPRESENTATION OR WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE IS ACCURATE OR WILL MEET YOUR EXPECTATIONS.
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 OLM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
- Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT OLM SHALL NOT BE LIABLE FOR ANY, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, FAILURE TO REALIZE EXPECTED SAVINGS, OR OTHER INTANGIBLE LOSSES (EVEN IF OLM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) INVALID DESTINATIONS, TRANSMISSION ERRORS, OR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (v) YOUR FAILURE TO RECEIVE ANY THIRD PARTY SERVICES OR PRODUCTS REQUESTED THROUGH THE SERVICES OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT IS OLM LIABLE TO YOU FOR AN AMOUNT IN EXCESS OF THE AMOUNT PAID BY YOU TO OLM FOR THE SERVICES IN QUESTION.
- Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
- Notice
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service. While OLM may give you notices from time to time, it is not obligated to do so.
- Applicable Law
These Terms of Service shall be governed by and construed in accordance with the laws of the state of California, without regard to conflicts of laws provisions. You and OLM agree that the United States District Court for the Northern District of California and/or the California Superior Court for the County of Santa Clara shall have exclusive jurisdiction over any dispute between you and OLM relating in any way to the OLM service or website or these Terms of Service. You and OLM expressly and irrevocably consent to personal jurisdiction and venue in these courts. The parties agree that in any such dispute or subsequent legal action, they will only assert claims in an individual (non-class, nonrepresentative) basis, and that they will not seek or agree to serve as a named representative in a class action or seek relief on behalf of those other than themselves.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
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