PLEASE READ THE FOLLOWING TERMS OF SERVICES & LEGAL NOTICES (“THIS AGREEMENT”) CAREFULLY BEFORE USING THE CLASSACTIONLAWSUITSINTHENEWS.COM WEBSITE (“THE SITE,” “ClassActionLawsuitsInTheNews.com,”). The terms tell you about your (and our) rights under this Agreement, explain how we protect your privacy, and make certain disclosures that may be 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. ClassActionLawsuitsInTheNews.com (“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.
ClassActionLawsuitsInTheNews.com is a class action lawsuit news, information and wire service that provides breaking and archived news and press releases relating to class action lawsuit filings, class action complaints, class action lawsuit settlements, class action trials and verdicts, class action appeals, class action lawyers and attorneys in the news and related information. ClassActionLawsuitsInTheNews.com also provides a much-needed online forum for the public to connect with one and another to voice their concerns, questions, issues, stories and complaints about industries, companies, products and services and class action lawsuits in the news, by posting public comments describing and discussing their stories, experiences thoughts and opinions.
The materials and information on the Site are provided for informational purposes only.
Nothing on the Site should be construed as legal advice or used as a substitute for legal advice. This website does not provide legal advice. You agree and understand that your use of this website does not create an attorney-client relationship, and that the contents of the website does not constitute legal advice. This website should not be used as a substitute for competent legal advice from a licensed attorney in your state.
YOU SHOULD NOT ACT OR RELY ON THE BASIS OF ANY INFORMATION ON THE SITE.
Nothing on the Site should be construed as medical advice or used as a substitute for medical advice. Any health information furnished on this site and the interactive responses are not intended to be professional advice and are not intended to replace personal consultation with a qualified physician, pharmacist, or other healthcare professional. You should always seek the advice of a professional for questions related to a disease, disease symptoms, and appropriate therapeutic treatments. If you have or suspect that you have a medical problem or condition, please contact a qualified healthcare provider immediately. You should never disregard medical advice or delay in seeking it because of something you have read on this site. You may not rely on the application of any information on this website as being applicable to your specific circumstances.
YOU SHOULD NOT ACT OR RELY ON THE BASIS OF ANY INFORMATION ON THE SITE.
Your reliance upon information and content obtained by you at or through this site is solely at your own risk. Neither we nor any content providers assume any liability or responsibility for damage or injury (including death) to you, other persons, or property arising from any use of any information, idea, or instruction contained in the content or services provided to you.
Information provided through this website is not guaranteed to be correct, complete or up-to-date. The information and comments provided through the website are exclusively the personal views of the authors only, unless otherwise attributed. Information and comments provided by third-parties through this website do not necessarily represent our views and should not be attributed to us. The posting of an item on this website does not mean that we approve or disapprove of the selection or contents of that item.
3. Submission of Information
You are solely responsible for the content or information you publish or display (hereinafter, “post”) on this Site. You agree not to post any defamatory, inaccurate, abusive, obscene, profane, offensive, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).
Information that you provide through this Site will not be treated as confidential or proprietary. Do not submit confidential or proprietary information. By submitting communications or content through this Site, you agree that such submission is non-confidential for all purposes.
By accepting the submission of your information, we do not offer any advice on whether you may have any remedy, legal or otherwise, for any possible issue or complaint, and make no representation or guarantee that you will obtain any satisfaction, justice or compensation and we do not offer any opinion whatsoever concerning the merits of any any remedy, legal or otherwise, you might have. You are encouraged to seek and retain the advice of 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.
We strongly value your privacy. This statement explains what information we collect from you, the limited circumstances under which we share your information, and the steps we take to keep your information secure. This privacy statement is effective as of January 1, 2009.
There are three primary instances in which we may collect information from you:
- If you sign up for a newsletter, we may ask for your e-mail address.
- If you submit information through one of our forms, we may ask for your contact information (name, address, phone, website address, e-mail, etc.) as well as a description of your issue.
- If you register on our site, we may require that you provide us with your contact information.
We may also collect IP addresses to help us understand how visitors use our site and to enable us to make changes to the site. We may collect certain information about visitors, even when they are not logged in. We may record the URLs of the websites and pages you visit (before, during and after your visit to our Site), the times and dates of such visits, information about the computer hardware and software you use and other information that may be available. Also, we may place “cookies” on your computer to recognize you on return visits to enable us to enhance your browsing experience, as well as to collect additional information about you. You may adjust your browser settings or use other means to prevent cookies from being placed on your computer, but doing so may result in reduced functionality and a less personalized browsing experience.
We also may use third party advertisements to support our site. Some of these advertisers may use technology such as cookies and web beacons when they advertise on our site, which will also send these advertisers information including your IP address, your ISP , the browser you used to visit our site, and in some cases, whether you have Flash installed. This is generally used for geotargeting purposes (showing New York real estate ads to someone in New York, for example) or showing certain ads based on specific sites visited (such as showing cooking ads to someone who frequents cooking sites).
If you have any questions or concerns regarding this policy, or if you wish to update or remove your information from our database, you should contact us at email@example.com.
This Website contains links to other sites. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every Web site that collects personally identifiable information. This privacy statement applies solely to information collected by this Web site.
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,
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
You are not permitted to collect or store personal data about
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
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 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
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.
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 firstname.lastname@example.org. 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 email@example.com.
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 attorney’s fees due to, arising out of, or relating to, 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 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.
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.
Opinions, advice, statements, offers, or other information or content made available through this Site are those of their respective authors and not our’s, and should not necessarily be relied upon. Such authors are solely responsible for the accuracy of such content. We do not guarantee the accuracy, completeness, or usefulness of any information on this Site and neither adopt nor endorse nor are responsible for the accuracy or reliability of any opinion, advice or statement made. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on this Site.
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. 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.
19. 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.
20. 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 18 AND 19 MAY NOT APPLY TO YOU.
21. 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.
22. 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.
23. 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.
24. 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.
25. Copyright Policy/Termination Of User Privileges for Infringement and Contact Information for Suspected Copywright Infringement/DCMA Notices
We will terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. In particular, users who submit user content to this Site, whether articles, images, stories, software or other copyrightable material must ensure that the content they upload does not infringe the copyrights of third parties. If you believe that your copyright has been infringed through the use of this Site, please contact our Customer Service department at: firstname.lastname@example.org.
The section titles in this agreement are for convenience only and have no legal or contractual effect.