Terms and Conditions
The terms and conditions set forth herein constitute the full and complete agreement between you and JACO Product Development d.b.a. Subrolitigators. Your agreement to be bound by these terms is acknowledged by your use of the Subrolitigators Web Site, Services, Support and/or any Subrolitigators software made available to you. The terms contained herein supercede and replace any other agreement or negotiation between you and Subrolitigators whether oral, written or otherwise including any statements made by any representative of Subrolitigators at any time.
Subrolitigators is a Nationwide Registry service for law firms and sole practitioners practicing in the area of Insurance and other Subrogation recovery. Subrolitigators is not a referral service. Subrolitigators takes no fee other than the advertising listing fee makes no recommendations as to the nature or quality of work performed by the attorneys and firms listed.
1 CONDITIONS OF USAGE
Fees – Presently, the Subrolitigators registry is available to the public as users at no charge. There is a fee for placing a listing. Subrolitigators reserves the right to charge a fee, for any or all aspects of the service in the future upon notice to you posted on this web site.
Age – Subrolitigators is available to individuals age 14 and above.
Registration Information – You agree that the information that you provide to Subrolitigators in the course of the registration is truthful and accurate and you agree to keep such information up to date at all times. This includes but is not limited to your full name, email address, billing information (as required) and other contact information as may be requested of you to facilitate the services provided by the Service.
(1) You agree that you will not violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
(2) You agree not to take any action which threatens, encourages or causes any harm to minors of any kind or to perform any activity which is likely to cause such harm or which assists any other person or group in doing so.
(3) You agree not to take any action which encourages or consists of any threat of harm of any kind to any person or property or assists any other person or group in doing so.
(4) You agree not to use your account or otherwise permit the violation any provision of the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM ACT) including the following:
a. False or Misleading Header Information
b. Deceptive Subject Lines
c. Failure to provide an opt-out method
d. Failure to Identify the message as an advertisement
e. Failure to include a physical Postal Address
(5) You agree not to make any inappropriate communication to any Newsgroup, Mailing List, Chat Facility, or other Internet Forum. Subrolitigators shall make the sole determination of what is “Inappropriate”.
(6) You agree not to make or attempt any unauthorized access to any Subrolitigators website or the website of any Subrolitigators member.
(7) You agree in your listing or on any web site related thereto not to infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
(8) You agree not to collect or attempt to collect personally identifiable information of any person or entity without their express consent. You shall maintain records of any such consent throughout the term of any agreement that you have with Subrolitigators and for three years thereafter.
(9) You agree not to undertake any action which is harmful or potentially harmful to the Subrolitigators server structure.
(10) You agree not to abuse whether verbally or physically or whether in person, via email or telephone or otherwise (a) any other customer of Subrolitigators (c) any other person or (d) any employee or contractor of Subrolitigators.
(11) You agree that Subrolitigators will make the sole determination of any whether this acceptable use policy has been violated.
Subrolitigators, subject to the terms and conditions set forth herein, allows you to submit information to create a registry posting which shall remain for the duration of the period you have selected and paid for in the SubroLitigators sign up process or until this agreement is otherwise terminated as may be permitted herein. All registry listings renew automatically unless cancelled five (5) days prior to any date of renewal. There is no refund for cancellation of service after that time or during any posting period. Any assignment of your rights under this agreement is null and void. Subrolitigators is a service provider as that term is defined under Federal Law including but not limited to the Digital Millennium Copyright Act (DMCA) and as such does not own, control or undertake any responsibility to review or approve in any way the information you post on this site. By posting information on this site or by submitting any other content you grant Subrolitigators a non-exclusive, worldwide, royalty free license to display and otherwise use such information and or data including but not limited to the right to modify, alter, change, amend, distribute, re-distribute such content in any manner and for any purpose that may be related to the Subrolitigators website and related products and services.
The term of this agreement shall be from the submission of your posting account until the termination of your account. You may terminate your account at any time without notice by following the appropriate procedures on Subrolitigators account page. Subrolitigators may terminate your account at any time, without notice. Termination of your account includes the termination of any submitted listing and any data or materials contained therein. In the event of any termination of this agreement paragraphs 1, 4 through 7 and 9 through 13 shall remain in full force and effect.
4 INFORMATION USAGE AND COMMUNICATIONS
4.1 You hereby consent and agree that as to any information which Subrolitigators may collect from you and/or maintain with respect to you, including but not limited to your account information, dates of service, address, email address, telephone number, cellular telephone number, billing records, usage statistics, site statistics, products & services purchased, correspondence to or from Subrolitigators concerning you or your account, or other information which in Subrolitigators sole judgment is reasonable, Subrolitigators may disclose such information to public or private third parties as applicable law may require or permit. The decision as to whether to disclose such information as may be required, permitted or otherwise reasonable shall be within the sole discretion of Subrolitigators and may include but shall not be limited to (1) compliance with court order, subpoena or other request of any State or Federal government, (2) compliance with the Electronic Communications Decency Act, (3) compliance with the Digital Millennium Copyright Act (3) compliance with the Subrolitigators Terms of Service or other policies. You further agree to allow Subrolitigators to disclose any or all of such information for the purposes of providing relevant commercial marketing messages to you from Subrolitigators or our marketing partners.
4.2 During and after the term of this agreement you agree to receive periodic emails from Subrolitigators in regards to Subrolitigators or partner products, services, your account, and system conditions, changes, updates, announcements, specials or and schedules.
4.3 You agree to provide and at all times during the term of this agreement maintain true and accurate account information on file with Subrolitigators specifically including your Name, Address, Email address, telephone number, billing information and any other account information requested at any time during the sign up process. You further agree that the failure to provide or maintain such accurate information is a material breach of this agreement and subjects your account to termination as set forth herein.
5.1 Any notice under this agreement shall be given by Subrolitigators to you, at the option of Subrolitigators, either by posting on the web site or via email at the address provided by you to Subrolitigators at the commencement of this agreement or as Subrolitigators is subsequently advised. Notice to you at this address is deemed sufficient regardless of your receipt of such email. You may update your email address at any time via the appropriate link in the member’s area or by contacting customer service via email to Subrolitigators at the address listed on the contact page of the web site.
5.2 Any notice by you to Subrolitigators shall be made by email or U.S. Mail to the address listed on the contact us page of the web site and is effective only upon receipt by Subrolitigators of any such notice.
6 WARRANTEES AND LIMITATIONS
6.1 Subrolitigators makes every reasonable effort to maintain the accuracy and operation of the Subrolitigators service however because as many events and circumstances are beyond the control of Subrolitigators, Subrolitigators does not in any way warrant or otherwise guarantee the availability of the Subrolitigators system or servers and is not responsible for any delay or loss of data, lack of connection, slow connection, inaccurate data or any other such issues whether due to the active or passive negligence of Subrolitigators.
6.2 THE SUBROLITIGATORS REGISTRY SERVICE IS PROVIDED TO YOU ON AN "AS IS" BASIS, AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
6.3 In general, Subrolitigators has no control over information contained on the Internet. Information obtained by you from the Internet may be inaccurate, offensive or in some cases even illegal. Subrolitigators accepts no responsibility for any information which you receive from the Internet. You accept full responsibility to verify the truth and accuracy, legality and ownership of the information that you obtain from the Internet as well as the reputation of the individuals with whom you may deal. Subrolitigators provides no warrantee for any goods or services which you obtain over the Internet nor the compatibility of any such services with the Subrolitigators system. Items offered for sale via Subrolitigators including via advertisements and classified advertisements are not checked, tested or approved in any way by Subrolitigators and as such Subrolitigators takes no responsibility for the truth or accuracy of the information or claims of such advertisers. Similarly,
6.4 You specifically hereby waive any claim for damages of any kind whether direct, indirect, special, exemplary, punitive, incidental or consequential, loss of profits or loss of business as the result of any action taken in response to any claim of copyright infringement without regard to whether or not the material claimed to have been infringing is later found to be infringing.
6.5 THE TOTAL SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU AS THE RESULT OF ANY BREACH OF THIS AGREEMENT, NEGLIGENCE, OR ANY ACTION OR FAILURE TO ACT WHETHER INTENTIONAL OR OTHERWISE SHALL BE THE TOTAL AMOUNT OF MEMBERSHIP FEES PAID BY YOU TO Subrolitigators IN THE THREE MONTHS IMMEDIATELY PROCEEDING ANY ALLEGATION OF ENTITLEMENT TO SUCH REMEDY. IN NO EVENT SHALL Subrolitigators BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR LOSS OF BUSINESS AS THE RESULT OF ANY SUCH ACTION OR INACTION WITHOUT REGARD TO THE LIKELIHOOD OF ANY SUCH DAMAGES.
7.1 You agree to fully defend and indemnify and hold harmless Subrolitigators of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any breach or claim of breach of this agreement or your negligence whether active or passive or any negligence of Subrolitigators in any way related to your use of the Subrolitigators service or any portion thereof.
7.2 You agree to fully defend and indemnify and hold harmless Subrolitigators of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any violation or claimed violation of any copyright or other intellectual property right of any third party which is in any way related to your use of the Subrolitigators service or any portion thereof. Choice of counsel remains exclusively that of Subrolitigators
7.3 You agree that you will maintain the confidentiality of your account information and assume all responsibility of and from any loss, theft or other destruction of any data as the result of any access to your account via the use of your user ID. You further agree to defend and indemnify and hold harmless Subrolitigators of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any claim for damages in any way related to the disclosure of your confidential User ID and Password information. Choice of counsel remains exclusively that of Subrolitigators.
8 FORCE MAJEURE
Either party to this agreement shall be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of God, earthquake, labor disputes and strikes, riots, war, and governmental requirements. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay.
9. U.S. EXPORT CONTROLS
Software available in connection with the Subrolitigators services is subject to United States export controls. No Software may be uploaded to or downloaded from Subrolitigators or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the any downloaded Software or software component is at your sole risk.
If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement.
11 CHOICE OF LAW
This Agreement shall be interpreted under the laws of the State of California without regard to any conflict of laws provisions. Any action between the parties to this agreement for the breach of this agreement or any action or claim in any way relating thereto shall be venued in the Superior Court of the State of California, County of Los Angeles. The parties to this agreement hereby consent to jurisdiction in that court and agree to accept service by mail and hereby waive any defense of any kind related to jurisdiction or venue.
12 NO AGENCY
Notwithstanding any other provision of this agreement, Subrolitigators is not your agent, partner or joint venturer in any respect.
Subrolitigators may without advance notice amend this Agreement from time to time, and will do so by posting the new Agreement on the Subrolitigators web site in place of the old. Each and every such amendment shall be become effective immediately for all pre-existing and future accounts.
14 REQUIRED NOTICES
14.1 Copyright Infringement Claims - Any notice concerning any claim of copyright infringement should be addressed to Subrolitigators, COPYRIGHT INFRINGEMENT CLAIM, 2321 Rosecrans Av., Suite 4270, El Segundo, CA 90245.
14.2 California - Pursuant to the terms of The Electronic Commerce Act of 1984 please be advised that as may be applicable to you under California Law if you are unsatisfied with the manner in which a complaint that you may have regarding the Subrolitigators service you may contact the complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1020 N. Street, #501, Sacramento, CA 95814 or by telephone at 1-916-445-1254.
Version 1.02 050807
Subrolitigators is a Division of Subrolitigators, LLC (TM)
Copyright 2007 JACO Product Development - All Rights Reserved.