PLEASE READ THE FOLLOWING TERMS OF SERVICES & LEGAL NOTICES (“THIS AGREEMENT”) CAREFULLY BEFORE USING THE StopCollections.org WEBSITE (the “Site” or “StopCollections.org”). These terms explain your (and our) rights under this Agreement, and make certain disclosures 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. StopCollections.org (“StopCollections.org “, “FDCPA Help,” “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 acceptance of any such changes.
Background
The purpose of this site is to educate the general public about FDCPA law and to allow users to request to be contacted by a lawyer or advocate to discuss their case and the possibility of representation. You understand that StopCollections.org does not endorse any lawyer or advocate or vouch for the quality of their services.StopCollections.org is not a lawyer referral service. It is attorney advertising for which the subscribing attorneys and advocates pay a fee to the owners of the Site for each user of the Site whose contact information is provided to a subscribing attorney or advocate. It is your decision alone whether or not to work with a lawyer or advocate. There may be more than one subscriber to this advertising service who covers the area where you reside. By submitting a request to the Site, you will be provided contact information for an attorney or advocate who serves the area where you live and the attorney or advocate will be provided your contact information. The assignment of an attorney or advocate in response to your submission does not in any way constitute an evaluation of the suitability of that attorney or advocate for handling your particular claim.
NOTE: some states require special disclosures in connection with attorney advertising. Those disclosures are listed at the bottom of this disclaimer. You should review the disclaimer (if any) that applies to the state where you reside.
StopCollections.org is not a law firm but rather a website owned (or, as applicable, licensed) by a third-party, for-profit organization. The lawyers or advocates whose names are provided through the Site pay the owners of the site for the right to be included. StopCollections.org does not receive any portion of any lawyer’s or any advocate’s fees and any arrangements between you and any lawyer or advocate do not involve StopCollections.org in any way.
StopCollections.org does not in any way evaluate or otherwise state any opinion about your FDCPA case. If you choose to be assisted by the lawyer or advocate identified by your use of the Site, that lawyer or advocate is solely responsible for the evaluation of your claim and any assistance provided to you in pursuing your claim.
Purpose
DO NOT ACT BASED ON ANY INFORMATION CONTAINED ON THE SITE WITHOUT FIRST RETAINING THE ADVICE OF AN ATTORNEY.
THIS WEBSITE IS AN ADVERTISEMENT OF LEGAL SERVICE and nothing on the Site should be construed as legal advice. This site serves only to provide information, and the information contained within the Site is not guaranteed to be correct, complete, current, or to reflect recent legal developments and/or legal variances among different jurisdictions. The opinions expressed and information contained in this Site do not necessarily reflect the opinions of the lawyers or advocates, their clients, affiliates, partners, or any other parties who subscribe to or use the services of StopCollections.org. This Site is not intended to be a substitute for legal advice, and thus should not be used for this purpose. Neither StopCollections.org nor any of its licensors provides legal advice. A licensor may provide legal advice in the event you choose to engage such licensor to act as your legal counsel or advocate. Using this Site does not create an attorney-client relationship between you and the attorneys or advocates, their clients, affiliates, partners, or any other attorney or advocate associated with the Site. Neither receiving an e-mail nor “posting” on the Site creates an attorney-client relationship.
The applicable lawyer or advocate is solely responsible for providing services to you. Further, you agree that StopCollections.org shall not be liable for any damages or costs of any type arising out of or in any way associated with your use of such services. You also agree that any claim arising out of your relationship with an attorney or advocate shall be brought solely against such attorney or advocate, as StopCollections.org is only assisting lawyers and advocates market their respective practices. Thus, neither StopCollections.org nor any of its licensors or affiliates shall be included within any such claim.
Submission of Information
By submitting your information to us, you agree that we may release such information to attorneys or advocates who have subscribed to advertise their services on the Site, or to any other attorneys or advocates. You also agree that such attorneys or advocates are free to contact you to discuss your case, unless you submit a written request expressing your desire not to be contacted. We shall never be obligated to release any submitted information to our unaffiliated sponsoring lawyers or advocates or any other lawyers or advocates, but may or may not do so at our sole discretion. Although we may accept your submitted information on the Site, we do not offer any advice on whether you may have remedies under the law. If an attorney or advocate chooses to represent you after discussing your case, he/she will enter into a separate agreement directly with you to create a professional relationship between you and him/her. In the meantime, you are encouraged to seek the advice of other counsel to ensure that all deadlines governing your FDCPA case are met. You hereby agree that, by performing any of the actions described above, you are soliciting and actively requesting a contact by telephone or e-mail and, as such, you may be contacted by telephone or e-mail as set forth in this Agreement and in our Privacy Policy, notwithstanding the listing of your telephone number and/or e-mail address in any applicable do-not-call registries.
Privacy Policy
Any information submitted on the site is subject to our Privacy Policy. Click here to review our privacy policy.
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 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.
Participation in the Site
By participating in or using the Site or by submitting information to or reading information on the Site, you agree that you will abide by the following rules:
a) 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 various other relationships or under nondisclosure agreements), to threaten, harass, abuse, or invade the rights of any person or entity, to infringe on any person or entity’s intellectual property or any other rights, or in any other way that could reasonably be deemed unethical, illegal, or offensive.
b) 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 $50,000 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 herein.
c) You are permitted to use the Site to find an attorney or advocate to assist you with a FDCPA case(each, a “Permissible Use”). You are not permitted to use the Site for any other reason other than a Permissible Use as described above. Impermissible Uses shall include, but are not limited to, using the Site to order to solicit, hire, engage or otherwise work with the employees or affiliates of StopCollections.org. or the mediators who participate in StopCollections.org or for any other purpose other than described herein (each, an “Impermissible Use”). 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 $25,000 for each Impermissible Use. You further agree that this liquidated damages provision reasonably approximates actual costs, losses, and expenses which would be incurred by StopCollections.org, due to any such Impermissible Use. You also agree that nothing in this section is intended to limit StopCollections.org’s right to obtain injunctive and other relief as may be appropriate.
d) 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).
e) You understand that, by using the Site, you may be exposed to Content that is offensive, indecent or objectionable, including content that may have been posted by third parties without our consent or permission. 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.
f) 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 its Services, or access to the Site or its Services.
g) You may not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity or mis-identify yourself (e.g., pretend to be a different person or from a different company or organization).
h) You agree not to harm minors in any way.
i) 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, or any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or NASDAQ, and any regulations having the force of law.
j) 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 we or us, are entirely responsible for the Content posted via the Site and, as such, we do not guarantee the accuracy, integrity or quality of such Content. 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 through or on 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.
k) 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.
l) You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site.
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 herein, 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 licensers or licensees, 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.
Limited License; Permitted Uses
You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
Restrictions and Prohibitions on Use
Your license to access and use the Site are subject to the following restrictions and prohibitions on use. You may not (1) copy, print (except for the express limited purpose permitted by paragraph 2, above), republish, display, transmit, distribute, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any information or materials retrieved therefrom; (2) use the content or any other materials from the Site to develop, or as a component of, an information storage and retrieval system, database, infobase, or similar information resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (3) create compilations or derivative works of the Site; (4) use the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of StopCollections.org or any third parties; (5) remove, change, or obscure any copyright notice or other proprietary notice or terms of use contained in the Site; (6) make any portion of the Site available through any timesharing system, service bureau, the Internet, or any other technology now existing or developed in the future; (7) remove, disable, defeat or change any functionality or appearance of the Site; (8) decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the site architecture; (9) use any automatic or manual process to harvest information from the Site; (10) use the Site for the purpose of gathering information for or transmitting (a) unsolicited commercial email; (b) email that makes use of StopCollections.org’s name or trademarks, including in connection with invalid or forged headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (c) unsolicited telephone calls or facsimile transmissions; (11) use the Site in a manner that violates any state or federal law regulating commercial email, facsimile transmissions or telephone solicitations; and (12) export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws and regulations of the United States.
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.
Indemnity
User agrees to indemnify and hold us, our subsidiaries, assigns, directors, affiliates, officers, agents, employees, or third-party contractors, harmless from all damages, costs, liabilities, and any claim or demand made by any third party, including reasonable attorney’s fees due to or arising out of 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 on this site with your knowledge.
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 represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.
Termination
User agrees that by using this Site user does not acquire any rights to the Site other than the limited license to use this Site as provided in paragraph 7 that can be terminated in accordance with this section. User agrees that we in our sole discretion may terminate your password, account or any part of your account, decline to post photos or comments provided by you, or refuse you use of this Site for any reason, including but not limited to and without limitation, non-payment, lack of user’s use, or if we believe that you have violated these terms and conditions or have acted inconsistently with the letter or spirit of this agreement. User agrees further that we may remove and discard any Content on this Site without notice and for any reason within the sole discretion of us. We may also in our sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice.
User agrees that any termination of your access to the Site under any provision of this agreement may be effected without prior notice and user further acknowledges, understands and agrees 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. User also agrees that we shall not be liable to you or any third-party for any termination of your access to this Site.
Third-Party Content
Links or content from third-parties may be included on this site. Third-party content is included as a convenience to the user. We shall not be responsible for the accuracy of any form of third-party content and we assume no liability of any errors. The opinion and statements articulated in third-party content are the beliefs of the author and not ours.
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.
Hyperlinks
We shall not be responsible or liable for and unless otherwise stated we do not endorse or recommend any contents linked to from this site.
Disclosures Regarding Attorney Advertising
THIS SITE CONTAINS ATTORNEY ADVERTISING MATERIAL OR LAWYER ADVERTISEMENTS
Some jurisdictions may consider the Site to be a form of advertising for legal services and as such may require specific disclosures. Please read the following carefully:
THIS IS AN ADVERTISEMENT. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements. Anyone considering a lawyer should independently investigate the lawyer’s credentials and ability, and not rely upon advertisements or self-proclaimed expertise. Hiring a lawyer is an important process that should not be based solely upon advertisements.
FREE BACKGROUND INFORMATION AVAILABLE UPON REQUEST Before you decide to hire any lawyer or advocate, ask them to send you information about their qualifications and experience. Additional information about lawyers or law firms may also be obtained by contacting the Bar Association in the State in which such lawyers or law firms are licensed.
No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. Memberships and offices in legal fraternities and legal societies, technical and professional licenses, and memberships in scientific, technical and professional associations and societies of law or fields of practice do not mean that a lawyer is a specialist, expert, authority or is certified in a particular field of law, nor do such memberships or licenses mean that such a lawyer is more expert or competent than any other lawyer.
A description or indication of limitation of practice does not mean that any agency or board has certified such lawyer as a specialist, expert or authority in an indicated field of law practice, nor does it mean that such lawyer is more expert or competent than any other lawyer. We urge all potential clients to make their own independent investigation and evaluation of any lawyer being considered.
Unless specifically otherwise indicated, none of the attorneys subscribing to the Site are certified by by any legal specialty certifying entity or body. StopCollections.org has not independently verified the any attorney subscribing to the Site has been certified as a legal specialist. You should contact the appropriate office in the state where you reside to determine whether any attorney subscribing to the Site has been certified as a legal specialist. The fact that certain attorneys or firms concentrate their practices in FDCPA cases (or any other field) is not meant to imply that they have gained any specific type of certification in these areas. Indeed, many states do not recognize certifications of specialties in the practice of law and explicitly state that any such certificate, award or recognition is not a requirement to practice law in those states.
ADDITIONAL STATE SPECIFIC DISCLOSURES:
Georgia: This is a public communication for which the lawyer has given value.
Kentucky: THIS IS AN ADVERTISEMENT.
Mississippi: FREE BACKGROUND INFORMATION AVAILABLE UPON REQUEST.
Missouri: The choice of a lawyer is an important decision and should not be based solely upon advertisement.
New Jersey: ATTORNEY ADVERTISEMENT—NOT AN ATTORNEY REFERRAL SERVICE
Texas: This is not an advertising cooperative or venture inasmuch as the cost of advertising by any individual attorney or advocate is based only upon the number of prospective clients whose identification is made known to them by the Site. Only in the event the Site is considered an advertising cooperative or venture of two or more lawyers not in the same firm, you are advised that : (1) This is an advertisement paid for by cooperating lawyers; (2) the cooperating lawyer’s or law firm’s names are listed here [link]; (3) no special claims to competence are claimed by the lawyers who advertise on the Site; (4) the lawyers who subscribe to the Site are not able to perform services in a superior manner, nor do they possess special competence in the area of law advertised.
Within the Site, we may include descriptions of successful lawsuits brought by Law Firms, or other attorneys not affiliated with us or the Site. These descriptions are not meant to create any unjustified expectations that similar results can be obtained for others, for each case turns on its own specific factual and legal circumstances. No attorney can guarantee the success of a case and past successes even in very similar lawsuits do not mean that success in a subsequent case is guaranteed or even likely. Past success cannot be an assurance of future success because each case must be decided on its own merits. Results depend upon a variety of factors unique to each case.
The material on the Site is not intended to, and does not, include any advertisements for legal services that contain dramatizations, testimonials or endorsements. This site is intended to provide useful, factual information presented in a non-sensational, objective and understandable manner. The images and pictures on this site are not meant to represent or depict actual persons or events, but rather are merely provided for illustrative purposes only.
The Site is not intended for the purpose of advertising legal services to be performed in any state solely by the Law Firms, unless they are specifically licensed to practice in that respective State. To the extent that the Site does not comply with the laws or regulations of any jurisdiction in which it may be received, the lawyers who subscribe to the Site wish to, and will not knowingly, accept legal representation based on or resulting from the use of the Site from a person located in that jurisdiction. None of the lawyers who subscribe to the Site wish to, or knowingly will, accept legal representation based on or resulting from the use of the Site from a person located outside the United States.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND HEREBY AGREE THAT:
a. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SITE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, USAGE OF TRADE OR COURSE OF DEALING.
b. THE SITE MAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) ACCESS TO, OR USE OF, THE 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, (iv) THE QUALITY OR CONTENT OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL REVIEWED, PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS OR BE SUITABLE FOR YOUR NEEDS, AND (V) ANY ERRORS IN THE CONTENT, SITE OR SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF 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. YOU HEREBY ASSUME ALL RESPONSIBILITY (AND THEREBY HOLD STOPCOLLECTIONS.ORG HARMLESS), BY WHATEVER MEANS YOU DEEM MOST APPROPRIATE FOR YOUR NEEDS FOR DETECTING AND ERADICATING ANY VIRUS OR PROGRAM WITH A SIMILAR FUNCTION.
d. NO CONTENT, ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e. THE SITE CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. STOPCOLLECTIONS.ORG DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE SITE. ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, 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) INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE OR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICE RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (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 OR SERVICES; (v) YOUR FAILURE TO RECEIVE ANY THIRD PARTY SERVICE OR PRODUCTS REQUESTED THROUGH THE SITE OR SERVICES (vi) OUR DELETION OF ANY CONTENT ON THE SITE OR CHANGES TO THE SERVICES OR SITE, OR (vii) ANY OTHER MATTER RELATING TO THE SITE OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON CERTAIN WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU OR MAY ONLY APPLY TO YOU IN PART.
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 LIMITATIONS OF LIABILITY AND DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.
General Information
Entire Agreement. This document constitutes the entire agreement between you and us and governs your use of the Service, superseding any prior agreements between you and us with respect to the Service. 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.
Choice of Forum. All disputes shall be submitted to arbitration in Boston, Massachusetts carried out in accordance with the rules of the American Arbitration Association.
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 this 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 this agreement remain in full force and effect.
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 the Service or this agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
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State Advertising Disclaimers
Georgia: This is a public communication for which the lawyer has given value.
Kentucky: THIS IS AN ADVERTISEMENT.
Mississippi: FREE BACKGROUND INFORMATION AVAILABLE UPON REQUEST.
Missouri: The choice of a lawyer is an important decision and should not be based solely upon advertisement.
New Jersey: ATTORNEY ADVERTISEMENT—NOT AN ATTORNEY REFERRAL SERVICE
Texas: This is not an advertising cooperative or venture inasmuch as the cost of advertising by any individual attorney or advocate is based only upon the number of prospective clients whose identification is made known to them by the Site. Only in the event the Site is considered an advertising cooperative or venture of two or more lawyers not in the same firm, you are advised that : (1) This is an advertisement paid for by cooperating lawyers; (2) the cooperating lawyer’s or law firm’s names are listed here [link]; (3) no special claims to competence are claimed by the lawyers who advertise on the Site; (4) the lawyers who subscribe to the Site are not able to perform services in a superior manner, nor do they possess special competence in the area of law advertised.
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SMS Terms & Conditions
By “Opting In” to or using the Lemberg Law LLC (“Company”) “Text Message Service” (both terms defined below), you accept these Terms & Conditions and agree to resolve disputes through binding arbitration (and with very limited exceptions, not in court), and you waive any right to participate in class actions, all as detailed in the “Disputes” section below. Company text messages are intended to provide you with information about Company’s goods and services (e.g., Company-sponsored events, games, coupons, promotions, sweepstakes, and contests).
By using the Text Message Service provided by us, you have agreed to be bound by these terms and conditions (this “Agreement”). If you do not agree with this Agreement, you must immediately cease using the Service and opt-out, as described below. We may update or amend this Agreement at any time, and such amendments will be effective upon our posting of the updated Agreement at https://stopcollections.org/disclaimer (the “Website”). We may also elect to send you a text message to your mobile number to advise you of such amendments. You may review this Agreement, and any amendments hereto, at any time by accessing the Website. If you do not agree to the Agreement as amended, you must immediately cease using the Service and opt-out, as described above. Your continued access or use of the Service after such posting constitutes your consent to be bound by the Agreement, as amended.
Definitions
“Text Message Service” includes any arrangement or situation in which the Company send (or indicates that it may send, or receives a request that it send) one or more text messages. You may review a partial list of covered Text Message Services.
“Opting In,” “Opt In” and “Opt-In” refer to requesting, joining, agreeing to, enrolling in, signing up for, acknowledging, or otherwise consenting to receive one or more text messages.
“Company” means Lemberg Law LLC. and its affiliates and subsidiaries.
Opting In
By Opting In to a Text Message Service:
-You authorize the Company to use autodialer or non-autodialer technology to send text messages to the mobile phone number associated with your Opt-In (i.e., the number listed on the Opt-In form or instructions, or, if none, the number from which you send the Opt-In, or, if none, the number on file for the account associated with your Opt-In). You also authorize the Company to include marketing content in any such messages. You do not have to Opt In or agree to Opt In as a condition of purchase.
-You are signing your Opt-In to the Text Message Service, no purchase necessary to participate.
-You confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to Opt In.
After Opting In, in addition to the main messages the service offers, you may receive one or more welcome messages or administrative messages, such as (in some cases) a request to confirm your Opt-In.
About the Text Message Services and Opting Out
Message and data rates may apply. Unless otherwise noted, Text Message Services may send multiple, recurring messages. The Company may terminate any Text Message Service or your participation in it at any time with or without notice, including, for example, before you have received any or all messages that you otherwise would have received, but these Terms & Conditions still will apply.
For services operated through (475) 277-1188, you can get help by texting HELP to (475) 277-1188, and you can opt out by texting STOP to (475) 277-1188. For Text Message Services operated through a different number, text HELP to that number for help and STOP to that number to opt out. Your opt-out request may generate either a confirmation text or a texted request to clarify the Text Message Service to which it applies (if you have more than one). To complete your opt-out, please provide the requested clarification.
You consent to the handling of your information as described in the Company’s Privacy Policy, which can be found at: https://stopcollections.org/privacy-policy
To contact the Company call 475.277.1188. You must be 18 years of age or older (except Alabama and Nebraska, 19 years of age or older).
Message Frequency
The number of Company text messages that you receive will vary depending on how many of Company’s text messaging programs for which you sign up to receive messages. You will receive a maximum of three messages per week per Company text messaging program.
Disputes
Any dispute or claim arising out of or relating in any way to a Text Message Service will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Conditions of Use. This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory.
BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO MAINTAIN OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION OR ADMINISTRATIVE PROCEEDING, TO SETTLE ANY DISPUTES OR CLAIMS. THE RULES IN ARBITRATION ARE DIFFERENT. THERE IS NO JUDGE OR JURY. ALTHOUGH REVIEW IS LIMITED, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS WOULD BE AVAILABLE IN COURT, AND MUST ENFORCE THE SAME LIMITATIONS STATED IN THESE CONDITIONS OF USE AS A COURT WOULD.
To begin an arbitration proceeding, you must send a demand to the American Arbitration Association (AAA) describing your claim and serve a copy of the demand on our registered agent. The arbitration will be conducted by the AAA under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules and the form for filing an arbitration claim are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. Company will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed upon location.
We each agree that any dispute resolution proceedings of any nature or in any forum will be conducted only on an individual basis and not in a class, consolidated or representative action. This means that you may not purport to act on behalf of a class or any other person. Likewise, an arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial, unless such waiver is unenforceable. This means that any claim would be decided by a judge, not a jury.
We also both agree that you or we may bring suit in court to seek to enjoin infringement or other misuse of intellectual property rights.
Applicable Law
THE FEDERAL ARBITRATION ACT AND APPLICABLE FEDERAL LAW (OR IN THE ABSENCE OF APPLICABLE FEDERAL LAW, THEN THE LAWS OF THE STATE OF CONNECTICUT), WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS, WILL GOVERN THESE TERMS & CONDITIONS AND APPLY TO ANY DISPUTES OR CLAIMS AGAINST BEST BUY ARISING OUT OF OR RELATING IN ANY WAY TO ANY BEST BUY TEXT MESSAGE SERVICE.
Mobile Carriers
The text-in number or short code may not be supported on all U.S. carriers. Please note that the supporting mobile carriers may change without notice, and the particular Text Message Service you join, including those operated through a different number, may be limited to specific carriers. The Company and the mobile carriers are not liable for delayed or undelivered messages.
Disclaimer of Warranties
TO THE EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICE, APPLICATIONS OR CONTENT THAT YOU RECEIVE FROM COMPANY, AND DISCLAIM ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE. THIS SERVICE OFFERED TO THE PUBLIC BY PROVIDER COULD INCLUDE INACCURACIES, OTHER ERRORS OR MAY NOT FUNCTION IN THE MANNER YOU ANTICIPATED. FURTHERMORE, WE ARE NOT RESPONSIBLE FOR CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OR OMISSIONS OF OTHERS, ATMOSPHERIC CONDITIONS OR ACTS OF GOD. WE DO NOT PROMISE ERROR-FREE SERVICE. WE WILL NOT BE LIABLE FOR ANY DELAYS IN THE RECEIPT OF ANY SMS MESSAGES AS DELIVERY IS SUBJECT TO THE EFFECTIVE TRANSMISSION FROM YOUR NETWORK OPERATOR.
Limitation of Liability
Company is not responsible and will not be liable for any damages of any nature, including without limitation any incidental, special or consequential damages (such as lost profits or lost business opportunities), punitive damages or attorney’s fees.