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1. AccidentAide Terms of Service
Sydekar, LLC (SK) operating AccidentAide.com, provides access to its website and its services to you subject to the following Terms of Service (these "TOS"), whether or not you have registered for the Service. In order to use the Site and the Service, you must accept all of the terms and conditions of these Terms of Service (TOS) and Sydekar's Privacy Notice (the "Privacy Notice") and Disclaimer (the "Disclaimer"), and by using the Site and/or the Service, you expressly accept and agree to be bound by the terms and conditions of these TOS, the Privacy Notice and the Disclaimer. In the event of any inconsistency between the Privacy Notice and/or the Disclaimer and these TOS, these TOS will prevail. Nothing in these TOS will be deemed to confer any third-party rights or benefits, except with respect to the indemnification obligations set forth in Section [13] of these TOS. If you do not agree to be bound by the terms and conditions of these TOS, you may not use or access the Site or use the Service.
Changes to Our Terms of Service (TOS)
We reserve the right to change these TOS at any time. In the event of significant material changes, we will provide advance notice of the changes by email to users who have registered for our newsletter. We will also post these changes on our Site. These changes will become effective 30 days after posting of the notice. Your continued use of our Site and Service, after any change to these TOS and our notifying you will constitute your acceptance of such change. If you do not agree with the changes to these TOS, you can choose to discontinue the use of our Site and Service.
2. Our Service
AccidentAide.com provides users with the ability to register a personal complaint or injustice that is forwarded to lawyers, law firms, legal financial service providers, or other legal service providers sponsoring submission forms (the "Service"). By providing your information to SK, you agree that SK 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. SK also provides a newsletter, which is also subject to these Terms of Service, Privacy Notice and Disclaimer.
For security reasons, SK generally does not to retain any information, forms and materials submitted by users, except for a very limited period of time. Because of this, you should not rely on SK to retain any information you submit via the Service, and SK hereby disclaims any responsibility for the retention of same.
3. News, Feature Articles and Other Information
The Site also includes original news and features articles ("SK Content"). All such SK Content is the sole responsibility of the writer submitting the articles. SK does not endorse, warrant, agree or disagree with the content of any SK Content posted by independent writers on the Site.
SK Content is protected by copyright, trademark, patent, trade secret and other laws. We hereby grant you a limited, revocable, non-sublicensable license to reproduce and display the SK Content solely for your personal use in connection with viewing the Site and using the Services. You may not otherwise copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any SK Content. You also 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.
4. No Legal Advice or Attorney-Client Relationship
SK is not a law firm. SK does not provide legal advice, and all SK Content is provided for informational purposes only and does not in any manner constitute legal advice. You should not act, or refrain from acting, based upon any information on the Site or provided by SK via the Service.
By accepting the posting of your complaint, SK does not offer any advice as to whether you may have a legal remedy for your complaint or injustice, and SK makes no representation or guarantee that you will obtain satisfaction, justice or compensation for your complaint or injustice. SK is 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 to the Service. SK does not offer any opinion whatsoever concerning the merits of any claim you might have. SK encourages you to also contact counsel other than those contacted via the Service 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 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. SK does not share your inquiries regarding possible inclusion in or participation in a lawsuit or settlement with third parties other than the lawyers, law firms, legal financial service providers, or other legal service providers who have requested such information be forwarded to them, as set forth on the “Get in Touch” form, and SK keeps your inquiries regarding possible inclusion in or participation in a lawsuit or settlement confidential unless ordered to produce them by a court of law. Any communications that you have with lawyers, law firms, legal financial service providers or other legal service providers contacted via the Service are not the responsibility of SK.
5. Modifications to Service
SK reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service or the Site (or any part thereof) 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 SK, and you agree that all information submitted to SK is at your sole risk. You agree that SK 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 SK shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
6. Eligibility and Accuracy of User Information
You must be at least 18 years of age to use the Site and the Service. Our website and services are for residents of the United States only. If you live outside the United States, please do not use our website or services. Any person suspended or removed from use of the Service for any reason may not access the Site or otherwise use the Service. In consideration of your use of the Service, you agree to:
7. 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 the Site and/or the Service, are the sole responsibility of the person from which such Content originated, and, as such, SK expressly disclaims any responsibility for such Content. This means that you, and not SK, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Site and/or the Service. SK does not control the Content posted via the Site and/or the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site and/or the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will SK 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 and/or the Service.
You agree that you will not use the Site or 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 agree not to do any of the following:
You acknowledge that SK does not pre-screen Content, but that SK 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 SK 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 SK, its users and the public.
8. Use of Content
With respect to Content you elect to post with SK, you grant SK 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 SK for use in accessing the Service.
9. Submissions
This Site forwards information you provide in connection with SK Content to the lawyers, law firms, legal financial service providers, or other legal service providers as set forth in these Terms of Use and keeps this information confidential. You acknowledge and agree that any other questions, comments, suggestions, ideas, feedback, or other information about the Site or the Services ("Submissions") provided by you are non-confidential and shall become SK's sole property. SK will own exclusive rights (including all intellectual property rights) and will be entitled to unrestricted use and dissemination of, each such Submission provided by you for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
10. SK's Proprietary Rights
SK, the SK logo and other SK logos and product and service names are trademarks of SK (the "SK Marks"), whether or not registered. You agree not to display or use in any manner the SK Marks without SK's prior written permission.
11. SK Privacy Notice
Your personal information is subject to our Privacy Notice. For more information, please see our full privacy notice. While SK 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 third parties, including, without limitation, the company or person against whom you may have a complaint.
In the course of providing you with the Services, SK may communicate with you via email. You agree to receive emails that are specific to your account and necessary for the normal functioning of the Services. You also agree to have your name and/or email address listed in the header of certain communications that you initiate through the Services.
12. Your Representations and Warranties
By accessing the Site or using the Services, you represent and warrant that (i) all information, and any subsequent updates thereto, that you or any person authorized by you submits to us is truthful and accurate; (ii) you, or a person authorized by you, will maintain the accuracy of such information; (iii) you are 18 years of age or older; (iv) you own the Content posted by you at or through the Site or otherwise have the right to grant the licenses regarding said Content set forth in this Agreement; (v) the posting of your Content at or through the Site does not, and will not, violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person; and (vi) your use of the Site or the Services otherwise does not, and will not, violate any applicable law, rule or regulation.
13. Indemnity
You agree to indemnify, defend and hold SK and its subsidiaries and affiliates and their respective directors, officers, managers, members, agents, third party contractors, employees and partners, harmless from any and all direct, indirect, incidental, special, consequential or exemplary damages, claims, liabilities, costs and expenses, including attorneys' fees, arising from or in connection with (i) Content you submit, post to or transmit through the Service or the Site, (ii) your use of the Service or the Site, (iii) your connection to the Service or the Site, (iv) your violation of these TOS, (v) your violation of any rights of another person, or (vi) such activities carried out by a person using your SK account or password.
14. Termination
By using the Site and/or the Service, you do not acquire any rights to the Site and/or the Service other than a license to use it that can be terminated at any time in accordance with this Section. You agree that SK, in its sole discretion, may terminate (to the extent applicable) your password, account (or any part thereof) or access to or use of the Service or the Site, and remove and discard any Content within the Service, for any reason if SK believes that you have violated or acted inconsistently with the letter or spirit of these TOS. SK may also in its sole discretion and at any time discontinue providing the Service or the Site, 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 SK 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 SK shall not be liable to you or any third-party for any termination of your access to the Service.
15. Dealings with Third Parties
Your correspondence or business dealings with third parties accessed through the Service and/or 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 third party. You agree that SK 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 contacted via the Site and/or the Service, and you acknowledge that SK has not approved of such lawyers in any way.
16. Links
The Site contains (or you may be sent through the Site or the Services) links to other websites ("Third-Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Sites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by SK, and SK is not responsible for any Third-Party Site accessed through the Site or the Services or any Third-Party Content posted on, available through, or installed from the Site or the Services, including without limitation, the accuracy, offensiveness, opinions, reliability, legality, privacy practices, or other policies of or contained in the Third-Party Sites or Third-Party Content. Inclusion of, linking to, or permitting use or installation of any Third-Party Site or any Third-Party Content does not imply approval or endorsement thereof by SK. If you decide to access any Third-Party Site or to use any Third-Party Content, you do so at your own risk.
Any type of link to the Site or the Services is subject to SK's prior consent.
17. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE AND/OR THE SITE IS AT YOUR SOLE RISK. THE SERVICE AND THE SITE ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. SK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SK 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, (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, (v) THAT ANY PORTION OF THE SITE OR THE SERVICES WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES, OR (vi) ANY ERRORS IN THE SITE OR THE SERVICES WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE OR THE SITE 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 OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SK OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
18. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SK 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 SK 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 SK LIABLE TO YOU UNDER THIS AGREEMENT OR OTHERWISE IN CONNECTION WITH YOUR USE OF THE SITE AND/OR THE SERVICE FOR AN AMOUNT IN EXCESS OF U.S.$100.
19. 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 EXCLUSIONS AND/OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
20. Notice
Notices to you may be made via either email or regular mail. The Site and/or 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 Site and/or the Service. While SK may give you notices from time to time, it is not obligated to do so.
21. Applicable Law
These TOS shall be governed by and construed in accordance with the laws of the state of Washington, without regard to conflicts of laws and provisions. You and SK agree that the United States District Court for the Western Washington District and/or the Superior Court for Clark County Washington shall have exclusive jurisdiction over any dispute between you and SK relating in any way to the SK service or website or these TOS. You and SK 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, non-representative) 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.
22. Entire Agreement; Severability; Section Headings
These TOS constitute the entire agreement between you and SK and govern your use of the Service, superseding any prior agreements between you and SK. Without derogating from the generality of the foregoing, you may also be subject to additional terms and conditions that may apply when you use particular services offered via the Site.
If any part of these TOS is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
23. Copyright
Copyright © 2020 Sydekar, LLC. All rights reserved. All materials presented on this site are copyrighted and owned by SK, unless in the public domain or attributed to another source. Any republication, retransmission, reproduction, downloading, storing or distribution of all or part of any materials found on this site is expressly prohibited.
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