Terms And Conditions
UPDATED: September 4, 2014
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE
By using the www.usrecalls.org website (the “Site”), you agree to follow and be bound by these terms and conditions of use (the “Terms and Conditions”) and agree to comply with all applicable laws and regulations. In these Terms and Conditions, the words “you” and “your” refer to each customer or Site visitor, “we”, “us”, and “our” refer to www.usrecalls.org and “Services” refers to all services provided by us.
It is your responsibility to review these Terms and Conditions periodically. If at any time you find these Terms and Conditions unacceptable or if you do not agree to these Terms and Conditions, please do not use this Site. We may revise these Terms and Conditions at any time and from time to time by posting a notice on the Site. If you have any questions about these Terms and Conditions, please contact firstname.lastname@example.org You are responsible for periodically reviewing changes to this Site, which you can do by clicking on the “Terms and Conditions”. You agree that your continued use of the Site following any changes to the Terms and Conditions constitute your acceptance of such changes and your intention to be bound by the Terms and Conditions. If you do not agree to such changes, your sole remedy is to discontinue use of the Site.
YOU AGREE THAT BY USING THE SITE AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
As part of our Service, we provide you with the ability to register a personal complaint or injustice and forward it to lawyers, law firms, legal financial service providers, or other legal service providers sponsoring submission forms. By providing your information to us, you agree that we may release your contact information and all information that may be provided by you to the lawyers, law firms, legal financial service providers or other legal service providers sponsoring the submission forms for the topics you have chosen. For security reasons, we generally do not to retain any information, forms and materials submitted by you, except for a very limited period of time. Because of this, you should not rely on us to retain your records and data.
www.usrecalls.org strives to keep its information, documents, product and recall information, materials, and developed forms accurate, current and up-to-date. However, because laws and circumstances change rapidly, www.usrecalls.org cannot guarantee that all of the information on the Site is completely current, correct or up-to-date. Furthermore, the information contained on the Site is not legal advice and is not guaranteed to be correct, complete or up-to-date. Therefore, if you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by our tools, you should consult your attorney.
From time to time, www.usrecalls.org may perform certain services and introduce our visitors to various services, products and offers through various methods, including but not limited to, (i) third party listings, (ii) third party advertisers, and (iii) third party services.
At no time is www.usrecalls.org responsible to you or liable to you for the accuracy or performance of any such listings and/or services.
No Legal Advice or Attorney-Client Relationship
The Site does not provide legal advice. The contents of the Site, such as text, graphics, images, information obtained from our licensors and other Site users, and other material contained on the Site (collectively, "Content") are for informational purposes only. The Content is not intended to be a substitute for professional legal advice or legal services. Always seek the advice of your attorney or other qualified legal professional with any questions you may have regarding a recall, product, medical condition and information. Never disregard professional legal advice or delay in seeking it because of something you have read on the Site! We do not recommend or endorse any specific attorneys, law firms, products, procedures, opinions, insurance or other information that may be mentioned on the Site. Reliance on any information provided by us, our employees, others appearing on the Site at the invitation of us, or other visitors to the Site, is solely at your own risk. By accepting the posting of your complaint, www.usrecalls.org does not offer any advice as to whether you may have a legal remedy for your complaint or injustice, and we make no representation or guarantee that you will obtain satisfaction, justice or compensation for your complaint or injustice. We are not obligated to release any posted information, including contact names, and it is possible that no lawyer, law firm, legal financial service provider or other legal service provider will respond to your submissions on the Site. We do not offer any opinion whatsoever concerning the merits of any claim you might have. We encourage you to also contact counsel other than those contacted via the Site if you intend to pursue any claims, and you should do so promptly to avoid having your case barred by the statute of limitations. The information provided via the Service and the Site is not privileged and does not create, and its receipt by the reader does not establish or constitute, an attorney-client relationship. Submitting a case evaluation or any type of response or other information through the Service or otherwise via the Site will not create an attorney-client relationship and nothing provided or contained in the Service or the Site is to be considered an offer to represent you in any manner. Any communications that you have with lawyers, law firms, legal financial service providers or other legal service providers contacted via the Site are not our responsibility.
All visitors are encouraged to consult with a licensed attorney/lawyer in all legal matters, and a physician or other licensed professional for any form of medical advice.
You should not act, or refrain from acting, based upon any information on the Site. Submitting a case evaluation or any type of response or other information through the Site will not create an attorney-client relationship and nothing contained in the Site is to be considered an offer to represent you. Some of the information on the Site may be considered advertising under various states' rules governing lawyer professional conduct. You acknowledge that you are not engaging us to give you legal advice. You confirm that the information you have provided is true and accurate, and not given for the purpose of harassment. You agree that we will forward your information to attorneys, law firms, legal financial service providers and other legal service providers and that such third parties may contact you at the address and contact numbers that you have supplied. You agree that we are in no way responsible for the advice, actions or inactions of the attorneys, law firms, legal financial service providers or other legal service providers that may contact you. You understand that registering a complaint on the Site in no way implies an attorney-client relationship or attorney-client privilege. You understand that we in no way guarantee any satisfaction, justice or compensation for your complaint. You understand that we do not offer any opinion whatsoever concerning the merits of any claim you might have, and encourages you to also contact other counsel if you intend to pursue any claims, which you should do promptly to avoid having your case barred by the statute of limitations. It is a free service to submit your case on the Site. We provide a paid, joint advertising campaign for lawyers, law firms, legal financial service providers and other legal service providers via the Site, and the Site is not a lawyer referral service.
All right, title and interest in and to the materials provided on this Site, including but not limited to information, documents, logos, graphics, sounds and images (the “Materials”) are owned either by www.usrecalls.org or by our respective third party authors, developers or vendors (“Third Party Providers”). Except as otherwise expressly provided by www.usrecalls.org, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site shall be construed to confer any license under any of www.usrecalls.org‘s intellectual property rights, whether by estoppel, implication or otherwise. Any rights not expressly granted herein are reserved by www.usrecalls.org.
Links to Third Party Sites
This Site may contain links to Web sites controlled by parties other than www.usrecalls.org (each a “Third Party Site”). www.usrecalls.org works with a number of partners and affiliates whose sites are linked with www.usrecalls.org. www.usrecalls.org is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any Web site accessed from a Third Party Site or any changes or updates to such sites. www.usrecalls.org makes no guarantees about the content or quality of the products or services provided by such sites. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that www.usrecalls.org is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
www.usrecalls.org has used its best efforts to ensure the accuracy of the information provided on the Site is correct but make no guarantees about its accuracy, relevance or validity. This information is subject to change from time to time without notice and is provided as a value to you for information purposes only. You assume the risk that this information may be inaccurate, out-of-date, incomplete or inconsistent with other choices.
THE SITE AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WWW.USRECALLS.ORG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
WWW.USRECALLS.ORG MAKES NO WARRANTY THAT: (A) THE SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR ANY MATERIALS OFFERED THROUGH THE SITE, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.
The Site will enable you to access information about product recalls, claims and settlement opportunities and options and other related information. When you use the Site, you represent and warrant that you: (a) understand that we do not make any representation or warranty regarding the qualifications, caliber or suitability of any attorney, law firm, or provider listed on the Site to provide the services you are seeking; (b) understand that we do not provide any type of legal advice or services; (c) understand that the providers, information and professionals listed on this Site or those about whom or which, as the case may be, other Site users post comments, are not affiliated (other than by virtue of being listed on this Site) with us or endorsed by us; (d) understand that your decision to contact, seek out or obtain services of any type, including, but not limited to legal services, from any person, entity or facility listed or discussed on this Site is solely your decision and should be based exclusively on your own research into that particular person, entity or facility and NOT on information obtained from this Site or from anyone who posts information to this Site; (e) understand that the information posted to this Site by other users may not be accurate and could be influenced by a number of things, including personal bias, personal relationship with a particular provider or other factors which may undermine the objectivity and trustworthiness of the information or opinion posted to this Site; (f) will not use this Site for any unauthorized purpose including collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications, or engaging in unauthorized framing of, or linking to, this Site without our express written consent; (g) will not install or promote spyware, malware or other computer code, whether on our or others’ computers or equipment, designated to enable you or others to gather information about or monitor the on-line or other activities of another party; and (h) will not interfere with, disrupt, or create an undue burden on this Site or the networks or services connected to this Site, including without limitation, hacking into this Site, or using the system to send unsolicited or commercial emails, bulletins, comments or other communications.
OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. WWW.USRECALLS.ORG SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WWW.USRECALLS.ORG, OUR OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY LOSS, INJURY, CLAIM, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR MATERIALS AVAILABLE FROM THIS SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless www.usrecalls.org, our officers, directors, members, shareholders, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Site, the Forms and the Materials.
The site is made available for your personal use on your own behalf.
Minors are not eligible to use the Site and we ask that they do not submit any personal information to us.
Governing Law; Venue; Dispute Resolution
By using this Site, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the State of Florida, excluding its choice of law rules. Any legal action or proceeding relating to your access to or use of the Site or Materials shall be instituted in a state or federal court in Florida, and in the County of Miami-Dade. You and www.usrecalls.org agree exclusively and irrevocably to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. Notwithstanding any other provision of this agreement, www.usrecalls.org is not your agent, partner or joint venturer in any respect. www.usrecalls.org is not your attorney or financial advisor and assumes no fiduciary obligation to you.
DISPUTE RESOLUTION BY BINDING ARBITRATION:
Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted.
You agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
- claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
- claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising);
- claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and claims that may arise after the termination of this Agreement.
References to “www.usrecalls.org,” “you,” and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of Services under this or prior Agreements between us.
Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Agreement, you and www.usrecalls.org are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.
You agree that you may download certain Services and that you are authorized to purchase any of the goods or services offered on this Site when available on the Site such as, toolbars and other custom tailored features to enhance your internet experience.
BY USING WWW.USRECALLS.ORG‘S SERVICES OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS AND AGREE TO BE BOUND BY THEM.
The Site may contain functionality (INCLUDING BLOGS, MESSAGE BOARDS, POSTINGS, QUESTIONS AND ANSWERS, QUIZZES, USER REVIEWS OF DRUG INFORMATION, ETC.) that allows users to upload content to the Site (collectively “Public Areas”).
You agree that you will not upload or transmit any communications or content of any type to the Public Areas that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes. If you make any such submission you agree that you will not send or transmit to us by email, any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to us by email, you agree such submission is non-confidential for all purposes. If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to us by email, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted to us a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. We may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to us by email. We try to answer every email in a timely manner, but are not always able to do so.
USER SUBMISSIONS — IMAGE, VIDEO, AUDIO FILES.