Terms of Use
Last Updated: January 1, 2020
WELCOME TO LAWSUIT AUTHORITY LLC
Thanks for using our services (“Services”). The Services are provided by Lawsuit Authority, LLC.
By using our Services, you are agreeing to these terms. Please read them carefully.
This agreement (“Agreement”) is made between us and you (“you” or “user”) (jointly the “parties” and each individually a “party”) and sets forth the terms of use that apply to your access to and use of the Site or other Lawsuit Authority owned and operated Site(s).
1. ACCEPTANCE AND CHANGES
By visiting or accessing the Site, you agree to be bound by this Agreement. You also represent that you have not been previously suspended from using the Site. You further consent to the terms of our online Privacy Policy and to our use and processing of any user information for the purposes provided in the Privacy Policy.
Your visitation and/or use of the Site mean that you accept this Agreement and the practices set forth in our Privacy Policy. We reserve the right to make changes to this Agreement and/or our Privacy Policy at any time. Any change will become effective no sooner than 14 days after it is posted, unless the change relates to the functionality of a new service or a change in the law, in which case the change will be effective immediately. Your continued use following any effective change indicates your agreement and/or consent to the change(s). It is your sole responsibility to check back regularly for updates to this Agreement and our Privacy Policy.
IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, YOU MUST STOP USING THE SITE IMMEDIATELY.
2. WHAT WE DO
We are a matching service. Our service is free to you as a prospective client. Information you submit may be shared with third-party attorney(s) who pay us a fee (“Third Party Attorneys”). To submit a request, you must complete the registration that we make available on the Site. Once you submit the registration, we may direct you to the Site of one or more third party. You may be required to complete additional registration forms requested by the third party.
3. NO ATTORNEY-CLIENT RELATIONSHIP AND CONFIDENTIALITY
You acknowledge that no attorney-client relationship is, or will be, formed through the use of this Site, and that you have no expectation of privacy or confidentiality of communications occurring through this Site. Information submitted by you to the Site is solely a request to have a law firm contact you about your situation. You are under no obligation to retain a lawyer who contacts you through this service. We are not a party to any agreement you may enter into with a Third Party Attorney, and we have no control over whether a Third Party Attorney contacts you or accepts you as a client. The terms and conditions of any attorney-client relationship are determined solely by you and the applicable Third Party Attorney, not us.
4. REGISTRATION, TERMINATION AND CANCELLATION
You must provide us with complete, accurate and true information. We may reject a submission or terminate/suspend the registration of any user at any time in the event that you breach any of your duties, obligations or responsibilities under the Agreement, or for any other reason in our sole discretion. Upon or following termination, we shall have no liability to you or any further obligations under this Agreement. You may cancel your registration at any time by sending an e-mail with the subject line “CANCELLATION” to info@lawsuitauthority.com or responding to any email with “CANCELLATION”. Thereafter, you will no longer receive communications from us. However, you may have to unsubscribe from future third party communications directly.
5. SUBMISSION OF INFORMATION AND CONSENT TO BE CONTACTED
By registering on the Site, you are making an inquiry and entering into a business relationship with us. Please do not submit confidential or sensitive personal information the submission form. By submitting your information, you are requesting that we distribute your information to our Affiliate(s). “Affiliate” means any business entity that we have a business or contractual relationship with, including our agents, partners, associates and parent or subsidiary entities. Your legal situation is not evaluated when determining which attorney will receive your information. You are under no obligation to retain a lawyer who contacts you through this service.
By registering on the Site, you expressly request and consent to be contacted by telephone (including calls to your mobile phone), email, text message, letter and/or fax by us, our employees, representatives, agents, Third Party Attorneys and third-party contracted vendors with information related to your inquiry as well as other promotions and offers, notwithstanding that your telephone number may be listed on the Federal Trade Commission’s Do-Not-Call Registry or a state do-not-call list. You expressly confirm you understand that these telephone calls, emails, texts, letters and/or faxes are being made pursuant to your request for such communications. You also agree that the act of registering on the Site constitutes an inquiry and/or application for purposes of the Amended Telemarketing Sales Rule, 16 C.F.R. § 310 et seq. (“ATSR”). YOU MAY RECEIVE CALLS THAT DELIVER AUTODIALED AND/OR PRERECORDED TELEMARKETING MESSAGES. We do not charge a fee to register with or use the Site. If you no longer wish to receive communications from us, please follow the opt-out procedures contained in our Privacy Policy. If you no longer wish to receive communications from a Third Party Attorney, you must follow its opt-out procedure.
6. NO LEGAL ADVICE
You understand that content provided on this Site is advertising material only. The information and services on this Site are not intended to be and should not be used as legal, medical or other advice. Your use of the content, information and services on this Site is at your own risk. You acknowledge that under no circumstances are we providing medical, legal or other advice or representation through this Site, and nothing on this Site is intended as a substitute for advice from an attorney, doctor or other professional. Under no circumstances will we have any liability to you for any reliance on information contained on or obtained through this Site. You understand and agree that an attorney or law firm may contact you to discuss the information you submit. You agree that the information that you receive in response is for general information purposes and that you will not be charged for this response. You further understand and agree that the laws of each state vary and you will not rely upon this information as legal advice. Since this matter may require advice particular to your home state, you understand and agree that local counsel may be contacted for referral of this matter, and that we bear no responsibility for retaining local counsel or otherwise as a result of your submission of contact information to us.
7. NO ENDORSEMENT OF ATTORNEYS
The hiring of a lawyer is a critical decision and should not be predicated solely on comments, advertisements or other content found on any website. We do not endorse or recommend any attorneys or law firms, nor make any representation about the quality of legal services or the qualifications of any attorney, law firm or legal provider. We do not analyze your legal problems in determining which attorney to match you with. You also understand and agree that you are solely responsible for investigating any attorney or law firm that contacts you and that (i) neither we, nor our Affiliates may be held responsible for any claims you may have resulting from the services or information you may receive; and (ii) we make no representations or warranties regarding the licensing, bonding or qualifications of any person who may contact you based on the submission of your information to us or the quality of legal services that may be provided by advertising attorneys. Any results appearing on the Site are specific to a particular case and do not represent a guarantee or prediction of future results.
8. ATTORNEY PROFESSIONAL CONDUCT
If you are an attorney participating in any aspect of this Site, you acknowledge that the Rules or Codes of Professional Conduct (collectively “Rules”) of the jurisdictions in which you are licensed apply to all aspects of your participation and that you will abide by such Rules. we disclaim all responsibility for your compliance with these Rules. You warrant that content you post or share will be used to provide general information only, and not for the provision of legal advice or the practice of law.
9. NO USERS UNDER 18; COPPA
If you are under 18, you may not access or use the Site. BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD. In compliance with COPPA, we do not knowingly collect personally identifiable information from users under 13.
10. NO INTERNATIONAL USERS
THE SITE IS NOT OFFERED FOR USE BY PERSONS RESIDING IN JURISDICTIONS OTHER THAN THE CONTINENTAL U.S. AND ALASKA AND HAWAII. If you live in any location other than the 50 states comprising the United States of America, you may not use the Site.
11. OUR CONTENT AND TECHNOLOGY
“Our Content” means any intellectual property, data, or communications transmitted by us, our users or third-parties via our platforms (“Platforms”) including, but not limited to files, images, listings, logos, messages, postings, ratings, recommendations, reviews, text, trademarks or editorial content. It also includes all content generated by us.
“Our Technology” means any past, present and future intellectual property or related rights in the Platforms, including, but not limited to, software, code processes, algorithms, user interfaces, know-how, techniques, organization, designs, text, images, photographs, illustrations, artwork, graphic material, advertising copy, databases, proprietary information, all copyrightable or otherwise legally protectable elements of the Platforms and all other tangible or intangible materials related to, displayed, performed, or distributed on the Platforms and the Platforms themselves, including, but not limited to the selection, sequence, “look and feel” and arrangement of items on the Platforms, and all of our marks, domain names, patents and other intellectual property.
Unless otherwise noted, all of Our Content is owned, controlled or licensed by us. Our Content is protected by copyright, trademark, service mark, and/or other intellectual property rights. You understand and agree that you shall acquire no rights in Our Content or Our Technology unless otherwise stated in writing.
License to Access and/or Use. We grant you a limited, personal, non-exclusive, non-transferable, freely revocable license to access and/or use Our Content and Our Technology to use the Site. You agree and understand that with the exception of this limited license, you have no rights in or to Our Content or Our Technology unless otherwise stated in writing. This limited license terminates automatically and without notice to you if you breach this Agreement.
This Agreement permits you to use the Site for your personal/individual use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site, except as follows:
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Site for your own personal use and not for further reproduction, publication or distribution.
If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal use, provided you agree to be bound by our end user license agreement for such applications.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of this Agreement, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Site or any content on the Site is transferred to you. Any use of the Site not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark and other laws.
Reservation of Rights. We reserve all rights not expressly granted in this Agreement unless otherwise stated in writing.
Prevention of Unauthorized Use. We reserve the right to employ whatever lawful means we consider necessary to prevent unauthorized use of the Site, Our Content and/or Our Technology, including, but not limited to, technological barriers, IP mapping and contacting your Internet Service Provider (ISP).
12. PROHIBITIONS ON USE
You may not do or encourage any of the following actions on the Site:
Sell, resell, lease, sublicense, market, distribute, assign or otherwise transfer rights to or commercially exploit any portion of the Site;
Take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure;
“Scrape” the Site, or use any bot, spider, data miner or automated agent to access and/or use the Site or gain access to or use any of Our Content;
Reformat, modify, translate or create derivative works of or display any portion of the Site, or mirror and/or frame any pages of the Site on any other website;
Attempt to decipher, decompile, disassemble, or reverse engineer any of Our Technology;
Forge headers or otherwise manipulate identifiers in order to disguise or alter the origin of any content transmitted through the services or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);
Upload, post or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Attempt to gain unauthorized access to any services, accounts, computer systems or networks connected to any server used for this Site, through password mining, hacking or any other means;
Use any framing techniques to enclose any portion of this Site (including, but not limited to, images, text, page layout and form) without our prior written consent;
Make any use of the trademarks, service marks, trade names, logos and graphics on this Site without our prior written consent.
Use or otherwise export or re-export this Site, or any portion thereof, in violation of the export control laws and regulations of the United States of America.
Remove or interfere with any of Our Content, Our Technology or any other proprietary right of the Site; or
Use the Site: (i) for any unlawful purpose, (ii) to defraud or mislead us or any third-party, or (iii) to create damage or risk to us or any third-party business, network or facility.
13. THIRD-PARTY LINKS
The Site may provide links to other sites (each a “linked site”) and allow you to leave the Site to access third-party material or bring third-party material to the site via “inverse” hyperlinks and framing technology. We have no discretion to alter, update, or control the content of a linked site. The fact that we have provided a link to a linked site is not an endorsement, authorization, sponsorship, or affiliation with respect to such linked site, its owners, or its providers. There are inherent risks in relying upon using, or retrieving any information found on the Internet, and we urge you to make sure you understand these risks before relying upon, using, or retrieving any such information on a linked site. We are not responsible, and assume no liability, for any mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood or obscenity in the statements, opinions, representations or any other form of content contained in any third party content appearing on or accessible from this Site. You acknowledge that the information and opinions in the third party content are neither endorsed, controlled by, nor reflect our beliefs.
14. LINKING TO THE SITE
You may link to the Site, provided you do so in a manner that does not damage our reputation or encourage or endorse any use of the Site that would breach the Agreement. However, you must not establish a link in such a way as to suggest any association, approval or endorsement by use where none exists.
15. NON-RELIANCE ON SITE
We may discontinue or change any of Our Content or any service, function, or feature of the Site at any time with or without notice.
16. DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT WE DO NOT GUARANTEE THE ACCURACY, SUITABILITY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH THE SITE. WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION.
WE EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND OR NATURE, EXPRESS OR IMPLIED, INCLUDING REPRESENTATIONS AND WARRANTIES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USE OF TRADE.
ANY ADVERTISERS APPEARING ON OR THROUGH THE SITE ARE NOT OUR AGENTS OR EMPLOYEES AND WE ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY ENTITY OR SERVICE APPEARING ON OR AVAILABLE THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO INJURIES, DEATH, PROPERTY DAMAGE OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM.
WE DO NOT REPRESENT OR WARRANT THAT: (i) THE SITE WILL MEET USERS’ REQUIREMENTS OR EXPECTATIONS, (ii) THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT INFORMATION OBTAINED WILL BE ACCURATE OR RELIABLE, OR (iii) THAT ALL DEFICIENCIES IN THE SERVICE CAN BE FOUND OR CORRECTED. FURTHER, THE SITE MAY BE INTERRUPTED OR UNAVAILABLE FOR THE PURPOSES OF PERFORMING MAINTENANCE OR UPGRADES. WE WILL NOT BE RESPONSIBLE FOR: (1) SERVICE IMPAIRMENTS CAUSED BY ACTS WITHIN THE CONTROL OF USER OR ANY USER, (2) INTEROPERABILITY OF SPECIFIC USER APPLICATIONS OR EQUIPMENT, (3) INABILITY OF USERS TO ACCESS OR INTERACT WITH ANY OTHER SERVICE PROVIDER THROUGH THE INTERNET, OTHER NETWORKS OR USERS THAT COMPRISE THE INTERNET OR THE INFORMATIONAL OR COMPUTING RESOURCES AVAILABLE THROUGH THE INTERNET, (4) INTERACTION WITH OTHER SERVICE PROVIDERS, NETWORKS, USERS OR INFORMATIONAL OR COMPUTING RESOURCES THROUGH THE INTERNET, (5) SERVICE PROVIDED BY OTHER SERVICE PROVIDERS, OR (6) PERFORMANCE IMPAIRMENTS CAUSED ELSEWHERE ON THE INTERNET.
WE DO NOT WARRANT THAT THE SERVICE OR ITS OPERATION WILL BE ACCURATE, RELIABLE, UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL AGENTS.
17. LIMITATION OF LIABILITY
IN NO EVENT, INCLUDING NEGLIGENCE, WILL WE OR ANYONE ELSE INVOLVED IN ADMINISTERING THE SITE BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL LOSS OR DAMAGE, LOSS OF DATA, DAMAGES FOR DELAY, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY CLAIM AGAINST USER BY ANY OTHER PERSON RESULTING FROM MISTAKES, OMISSIONS, SERVICE INTERRUPTIONS, SERVER DOWNTIME, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR FAILURE OF PERFORMANCE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES.
WE SHALL NOT BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT, LOSS OR DESTRUCTION OF ANY DATA, EQUIPMENT OR SERVICES, INCLUDING THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD.
WE SHALL BE LIABLE TO USERS ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE TO USER. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS AGREEMENT SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND, OR ACTION BY USER, INCLUDING BREACH OF CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT OR OF ANY REMEDY CONTAINED HEREIN. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON DURATION OR THE EXCLUSION OF AN IMPLIED WARRANTY, OR MAY PROVIDE ADDITIONAL RIGHTS THAT MAY NOT BE WAIVED PURSUANT TO THIS DOCUMENT.
YOU HEREBY ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR ANY INTERCEPTED INFORMATION SENT VIA THE INTERNET, AND YOU HEREBY RELEASE US FROM ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THE USE OF INTERCEPTED INFORMATION IN ANY UNAUTHORIZED MANNER.
USERS WHO RESIDE IN CALIFORNIA AGREE TO WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
TO THE FULLEST EXTENT POSSIBLE BY LAW, OUR MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF OUR CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED ONE-HUNDRED DOLLARS ($100.00).
18. INDEMNIFICATION
You agree to indemnify and hold us, our affiliates, employees and members (each an “Indemnitee”) harmless from and against any claims, suits, actions or proceedings (“Claims”) brought and damages, costs (including attorneys’ fees) and/or judgments awarded against us that arise from or in connection with: (i) Claims by any person or entity to the extent that such Claims are based upon or arise out of user’s use of the Site or user’s actions, (ii) breach by user of this Agreement, or (iii) user’s failure to comply with all applicable laws. We shall give user written notice of such Claims, permit user to defend (with counsel reasonably acceptable to us) and/or settle such Claims (upon terms reasonably acceptable to us), and, subject to our sole discretion, give user information and assistance reasonably requested by user in connection with such Claims.
19. AS IS, WITH ALL FAULTS
The Site is provided on an “AS IS” and “WITH ALL FAULTS” basis. Content, advertising, sponsorships, promotions and other information made available on the Site are provided for your reference only.
20. SURVIVAL
The provisions of this Agreement that by their nature are intended to survive the expiration or earlier termination, including those provisions relating to ownership, indemnification/defense, warranty disclaimer, and limits of liability shall survive the expiration or earlier termination of this Agreement.
21. MISCELLANEOUS
Notice. We may give notice by means of a general notice through the Site or via email at any address you have provided us. You may give notice to us at any time by any of the following: email with confirmed receipt to info@reliancelitigation.com or letter delivered by nationally recognized overnight delivery service to the following address: Reliance Litigation, LLC, 21550 Oxnard St. STE. 630, Woodland Hills, CA 91367.
Force Majeure. If the performance of this Agreement, or any obligation hereunder is prevented, restricted, or interfered with by reason of fire, flood, earthquake, explosion or other casualty or accident or act of God, strikes or labor disputes, inability to procure or obtain delivery of items, supplies, telecommunication services, equipment or software, war or other violence, any law, order, proclamation, regulation, ordinance, demand or requirement of any governmental authority, or any other act or condition whatsoever beyond our reasonable control, we shall be excused from such performance to the extent of such prevention.
Severability. To the extent that any provision or portion of this Agreement is deemed to be invalid, illegal or unenforceable, such provision or portion shall be severed and deleted or limited so as to give effect to the intent of the parties insofar as possible and the remainder of this Agreement, as the case may be, shall remain binding upon the parties.
Assignment. User may not, without our prior written consent (which may be given or withheld in our sole discretion), assign or transfer this Agreement or any of its rights or obligations under this Agreement to any third-person. We may assign this Agreement to any person or entity without your consent. We may delegate to our affiliates, agents, suppliers and contractors any of the obligations herein imposed upon us and we may disclose to any such persons any information required by them to perform the duties so delegated to them.
Waiver. A failure or delay by us to enforce any right under this Agreement shall not at any time constitute a waiver of such right or any other right, and shall not modify the rights or obligations of either party under this Agreement.
Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California without reference to conflict or choice of law rules or principles.
Arbitration. ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF, RELATING TO OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING THE BREACH, TERMINATION OR VALIDITY THEREOF, SHALL BE FINALLY RESOLVED BY ARBITRATION OR SMALL CLAIMS COURT. The arbitration tribunal shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of the agreement to arbitrate. THE PARTIES AGREE TO ARBITRATE SOLELY ON AN INDIVIDUAL BASIS, AND THAT THIS AGREEMENT DOES NOT PERMIT CLASS ARBITRATION OR ANY CLAIMS BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. We will cover the initial costs of arbitration with a consumer claimant. The arbitration may take place in the consumer’s home county at consumer’s election. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If a portion of the agreement to arbitrate is found invalid or unenforceable, the remaining portions of the arbitration agreement will remain in force except in the event that class arbitration is requested and the prohibition on class arbitration is found invalid or unenforceable. In such event the entire agreement to arbitrate will be null and void.
Non-Arbitration Forum; Venue. In the event that a challenge to the jurisdiction of the arbitrator or a challenge to the validity or enforceability of any portion of the agreement to arbitrate is sustained, the parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of Texas located in Harris County or in the United States District Court for the Southern District of Texas for the purposes of any suit, action or other proceeding arising out of this Agreement or the subject matter hereof that cannot be arbitrated as the result of such challenge. The parties hereby waive and agree not to assert as a defense or otherwise, in any such suit, action or proceeding, any claim that it is not subject personally to the jurisdiction of the above-named courts, that the suit, action or proceeding is brought in an inconvenient forum, or that the venue of the suit, action or proceeding is improper.
Waiver of Jury Trial and Class Suit. You acknowledge and understand that, with respect to any dispute with us, our affiliates, employees and members relating to or arising from your use of the Site or this Agreement that YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY AND YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING SUCH DISPUTE.
Miscellaneous. All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
Construction. The titles of the sections of this Agreement are for convenience of reference only and are not to be considered in construing any meanings contained in this Agreement. Unless the context of this Agreement clearly requires otherwise: (i) references to the plural include the singular, the singular the plural, and the part the whole, (ii) references to one gender include all genders, (iii) “or” has the inclusive meaning frequently identified with the phrase “and/or,” (iv) “including” has the inclusive meaning frequently identified with the phrase “including but not limited to” or “including without limitation,” and (v) references to “hereunder,” “herein” or “hereof” relate to this Agreement as a whole. Any reference in this Agreement to any statute, rule, regulation or agreement, including this Agreement, shall be deemed to include such statute, rule, regulation or agreement as it may be modified, varied, amended or supplemented from time to time. The parties agree that this Agreement shall be fairly interpreted in accordance with its terms without any strict construction in favor of or against either party, and that ambiguities shall not be interpreted against the drafting party.
Attorneys’ Fees. If a challenge to the jurisdiction of the arbitrator or a challenge to the validity or enforceability of any portion of the agreement to arbitrate is sustained and a lawsuit between you and us is necessary in order to enforce any of the terms of this Agreement, the prevailing party in any such action shall be entitled to recover its reasonable attorneys’ fees and costs from the non-prevailing party.
Relationship. This Agreement creates no agency, partnership, joint venture, or employee-employer relationship between you and us, unless otherwise stated in writing by us.
Entire Agreement. This Agreement sets forth the entire agreement of the parties, and supersedes any prior agreement and any prior discussion between the parties, relating to the subject matter contained herein. Neither party shall be bound by any definition, condition, provision, representation, warranty, covenant or promise other than as expressly stated in this Agreement or as contemporaneously or subsequently set forth in writing and signed by a duly authorized officer or representative of the party to be bound thereby.
22. CONTACT US
Any comments or requests for further information may be directed to:
Lawsuit Authority
10190 Katy Fwy Suite 250, Houston
TX 77043