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Terms of Use Agreement
Effective Date: November 18, 2022
Prior to using this website and services, Consumer Profile Connect, a Nevada LLC dba The Consumer Advisors (collectively “The Consumer Advisors, “we”, “us”, “our”, or “Company “) requires you to review this Terms of Use Agreement (“Agreement”). This Agreement outlines the terms of use applicable to this website, our Service and the products and services provided through this site (collectively “Services”). By accessing, browsing or using this Service, through any direct or indirect means or by using the goods, facilities or services offered in, or through these Services through any communications including but not limited to telephone, mail, text, email or facsimile, you accept and agree to be bound by these Terms. Use Personal information submitted in connection with this Service is also subject to our Privacy Policy.
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION, WAIVER OF JURY TRIAL AND CLASS ACTION. PLEASE REVIEW THESE PROVISIONS. If you do not agree with these terms, please do not use this website or services. By your use of this website and its services you acknowledge to have read and accepted all terms in this Agreement.
Services
This Service is intended for United States residents only.
We are not a law firm or attorney referral service. We are not affiliated with the representations or services provided by any lawyers or companies you speak with. Law Firms utilize these services to communicate with individuals that have may have been injured by certain drugs, medical devices, environmental events or consumer products. Do not select an attorney or law firm solely based upon marketing or advertisements. Information provided on this website is not and should not be construed as legal advice. Some states may consider our Services as an attorney advertisement for legal services paid for by a non-attorney spokesperson. Participating law firms and their representatives may vary for each type of claim and this could change periodically, therefore; participating law firms as outlined in our law firm partners and their representatives are subject to change without notice. We do not charge you a fee to use this Services.
By submitting an inquiry on this website you are giving express written consent to share your information with a law firm partner and TCA as their authorized service provider. This consent will allow for us and them to contact you using an automated dialing system for marketing purposes via telephone, mobile device (including SMS and MMS, data and message rates may apply) and/or email, even if your telephone number is currently listed on any state, federal or corporate Do Not Call list. In giving this consent, you agree to receive autodialed or prerecorded calls (including to mobile numbers) and texts and emails to the phone numbers and email addresses you have provided. This consent is not a condition, directly or indirectly of a purchase and may be revoked at any time.
Any communication from us as a result of submitting an inquiry is not intended to create and does not constitute an attorney-client relationship, therefore, calls or contact made may not be initially with a licensed attorney and does not constitute legal advice or create an attorney-client relationship. We make no representation as to quality of the legal services to be performed, results are not guaranteed. This Service will connect you with participating law firms who may further evaluate your potential claim. Participating law firms or their agents may evaluate your case and by that process they do not thereby establish an attorney-client relationship. You are under no obligation to retain a lawyer who contacts you through this service. Information provided through these services is not intended to be medical advice and you should consult a doctor before stopping any medication.
By submitting an inquiry on this site you certify to us that: You are at least 18 years of age; that the information you have submitted to us on this site or otherwise, is accurate, complete and that you have not submitted or provided false information to us. Your use of this Service is subject to all applicable federal, state, and local laws and regulations. Some law firms may be licensed organizations that are subject to Federal and State laws and regulations for their terms and practices. Please review the privacy practices and terms of all third parties who may contact you. If you have any questions regarding their business practices, please contact them directly.
ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
We each agree that any and all disputes or claims that have arisen or may arise between you and us relating in any way to or arising out of this or previous versions of this Agreement, your use of or access to our Services, or any product/service sold, offered, or purchased through our Services shall be resolved exclusively through final and binding arbitration, rather than in court, except that if your claims are under $1000.00 you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate section (this “Agreement to Arbitrate”).
Procedures
Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of this Agreement as a court would. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, or of this Agreement including, but not limited to, any claim that all or any part of the Agreement to Arbitrate or this Agreement is void or voidable. The arbitration will be conducted by JAMS under its rules and procedures pertaining to Consumer-Related Disputes, as modified by this Agreement to Arbitrate. The arbitration shall be held in a mutually agreed location. If the value of the relief sought is $10,000 or less, you or we may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and us subject to the arbitrator’s discretion to require an in-person hearing if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or us, unless the arbitrator requires otherwise. The arbitrator will decide the substance of all claims in accordance with the laws of the State of Nevada, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving our other users but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Costs
Payment of all filing, administration and arbitrator fees will be governed by JAMS rules, unless otherwise stated in this Agreement to Arbitrate. You may obtain these costs through JAMS website.
Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND US AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OUR OTHER USERS.
Severability
With the exception of “Prohibition of Class and Representative Actions and Non-Individualized Relief”, if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in this Agreement is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the Agreement and its Legal Disputes Section will continue to apply and that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in the County of Clark, state of Nevada.
Changes to the Agreement to Arbitrate
Notwithstanding any provision in the Agreement to the contrary, you and we agree that if we make any change to this Agreement to Arbitrate (other than a change to any notice address or site link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against us prior to the effective date of the change. The change shall apply to all other disputes or claims governed by this arbitration provision that have arisen or may arise between you and us. We will notify you of changes to this Agreement to Arbitrate by posting the amended terms on our Services at least 3 days before the effective date of the changes and/or by email.
THESE TERMS PROVIDE THAT ALL DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING ARBITRATION. YOU GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY.
Prohibited Use
You shall not use this Service for any illegal purpose or for the transmission of any material that is unlawful, harmful, harassing, abusive, libelous, racially or ethnically offensive, invasive of another’s privacy, vulgar, threatening, obscene, sexually explicit, tortious, defamatory, or that infringes or may infringe on the intellectual property or rights of another, or in a reasonable person’s view objectionable; directly or indirectly interfere, or attempt to interfere with the proper working of this Service or system integrities or securities; interference of any account, or any communication or transaction being conducted on this Service; use any robot, spider, other automatic device, or manual process to monitor or access or copy our web pages or any content without our prior expressed written permission; take any action which imposes an unreasonable or disproportionately large load on our infrastructure; post, upload, transmit, submit, email or make available by any other means any data or content protected under any law or contractual relationship that you do not have the right to distribute; conduct fraud, represent yourself as someone else or hide or attempt to hide your id. The Consumer Advisors; and interfere or attempt to interfere with the proper working of this Service.
Electronic Communications
When you visit our Services, use our Services or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may choose to communicate with you by regular mail, we may also choose to communicate with you by email or by posting notices on our Services. You agree that all agreements, notices, disclosures, and other communications that we may provide to you electronically satisfy any legal requirement that such communications be in writing.
Copyright and Trademark Notice Information
Our Services contain intellectual property owned by us and other parties. As it pertains to this site and the consumers who engage with it, we are the sole owner of the Services and all materials on or available through our Services including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto (collectively “Site Content”). Except as otherwise specifically provided in this Agreement, you may not download or save a copy of the Site Content or any portion thereof, for any purpose; however, you may print a copy of individual screens appearing as part of the Site Content solely for your personal, non-commercial use or records, provided that our marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens.
As such, except as otherwise expressly permitted herein, you may not modify, copy, publish, display, transmit, adapt or in any way exploit any portion of our Site Content unless you first obtain prior written consent from us. Any unauthorized attempt to modify our Services, or any Site Content, to defeat or circumvent our security features, or to utilize our Services for other than its intended purposes is strictly prohibited.
Revisions to Website, Services, Privacy Policy and Terms
We reserve the right to change any information, features or functions of our Website or Services at any time, without prior notice. We are not responsible for any errors or delays in providing the Services whether caused by errors in the inquiry information you provided or by any technical problems in our system. We may deny access to the Services for any reason without prior notice if you engage in any conduct or activities that we determine, at our sole discretion, violate these Terms, our legal rights, or the legal rights of any third party, or are otherwise inappropriate.
We reserve the right to make revisions to this Agreement and the posted Privacy Policy at any time. Any changes made will be effective from the date of such posting without further notice to you. Therefore, the Privacy Policy and Terms of Service posted at the time you visit this Website and/or submit an inquiry for Services will govern our relationship for that registration and inquiry connection request.
LIMITATION OF LIABILITY
IN NO EVENT WILL WE, OUR PARENTS, SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS, SUCCESSORS AND ASSIGNS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES AND SHAREHOLDERS BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SERVICES OR SITE CONTENT, EVEN IF ALL SUCH PARTIES SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE SERVICES OR THE SITE CONTENT. YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
NO WARRANTY
We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or authorized access to, or alteration of, information received or submitted in connection with our Services. We are not responsible for any problems, errors or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, or software, or any failure of email on account of technical problems or traffic congestion on the Internet or at our Services or combination thereof, including injury or damage to site visitor’s or to any other person’s computer related to or resulting from use of our Website and/or Services. As such, except as expressly set forth herein, we cannot be responsible for any incorrect or inaccurate information or entry of information, whether caused by a user of our Website and/or Services or by any of the equipment or programming associated with or utilized in connection with our Website and/or Services or any Services provided on or through our site, or by any technical or human error which may occur in the processing of information received by us.
THE CONTENT AND ALL SERVICES ASSOCIATED WITH OUR SERVICES ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR SERVICES OR THE INFORMATION, CONTENT, MATERIALS, SERVICES INCLUDED ON OR ASSOCIATED WITH OUR SERVICES INCLUDING ANY LAW FIRM OR REPRESENTATION YOU MAY CHOOSE. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. WE DO NOT MAKE, AND EXPRESSLY DISCLAIM, ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT OR THE SERVICES OR THE SAFETY, RELIABILITY, TITLE, TIMELINESS, COMPLETENESS, MERCHANTABILITY, CONFORMITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH OUR SERVICES. IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS OR COMPLETENESS OF THE CONTENT AND THE SERVICES AND PRODUCTS ASSOCIATED WITH OUR SERVICES AND ANY LAW FIRM OR REPRESENTATION YOU CHOOSE. WE MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT OF OUR SERVICES MAY BE AVAILABLE FOR DOWNLOADING FROM OUR SERVICES IS FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING ANY QUOTES OR OFFERS PROVIDED ON OR THROUGH OUR SERVICES.
WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT A LENDER, BROKER, INVESTOR, FINANCIAL INSTITUTION OR OTHER SERVICE PROVIDER. YOU ACKNOWLEDGE AND AGREE THAT WE ARE SOLELY AN INTERMEDIARY BETWEEN YOU AND SUCH PERSONS OR INSTITUTION AND, THEREFORE, WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR ANY CONTENT, SERVICES OR LAW FIRM/REPRESENTATION PROVIDED BY SUCH SERVICE PROVIDERS.
RELEASE
YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE THE CONSUMER ADVISORS AND ITS SERVICE PROVIDERS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SERVICE.
Indemnification
You agree to indemnify and hold The Consumer Advisors, its subsidiaries, affiliates, agents, shareholders, officers contractors, vendors, employees, and service providers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this Service, the violation of this Agreement by you, or the infringement by you, or other user of this Service using your computer, of any intellectual property or other right of any person or The Consumer Advisors. The Consumer Advisors and its Service providers assume no responsibility whatsoever for such content or actions. The Consumer Advisors reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Termination
If you breach or violate any part of this Agreement or provisions in the Privacy Policy you may no longer use this Service. We may, at our sole discretion, change, suspend, or terminate, temporarily or permanently, this Service or any part of it at any time, for any reason, without notice to you and without liability to you or any other person. You agree that all terminations for cause shall be made at our sole discretion and shall not be liable to you or any third party for any termination.
Entire Agreement
This Agreement constitutes the entire terms of use agreement between you and The Consumer Advisors and governs your use of this Service which supersedes any prior agreements between you and The Consumer Advisors. You also may be subject to additional terms and conditions that may apply when you use other services, affiliate services, third party content or third-party software.
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