PLEASE READ THESE TERMS OF SERVICE [“Agreement”]. THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, A CLASS-ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS. THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. BY CLICKING THE “YES, I AGREE”, OR SIMILARLY LABELED BUTTON, OR BY USING THIS SERVICE/WEBSITE YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
Accessibility: If You are having any trouble accessing these Terms of Service or the Website, please contact Us at firstname.lastname@example.org. Our hours of operations are 9 am EST to 6 pm EST.
You understand and agree this Service is provided for Your personal, non-commercial use, and informational purposes only. If You provide Us with information about any other person, You represent that You have the authority to provide such information and to engage with us on behalf of such person. We reserve the right to withdraw or amend this Website, including any material We provide through this Website, and any service or material We provide on the Website, in Our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, We may restrict access to some parts of the Website, to You, or current users. Any other use of the Service requires the prior written consent from Us.
You understand and agree You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Service. Further, You may not use any such automated means to manipulate the Service, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Service or any other user’s use of the Service, including,
without limitation, any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful, via means of overloading, “flooding”, “mailbombing” or “crashing” the Service, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to You under this Agreement. You may not frame portions of the Service within another Service. You may not resell use of, or access to, the Service to any third party without Our prior written consent.
4.1 You understand and authorize Us to use IVERIFI’s proprietary technology to independently document Your consent to be contacted. The proprietary technology is embedded in Our Service and collects the following information when You interact with the page(s) on the Service where the proprietary technology is present: page URL, mouse movements and clicks, contact and other information submitted through Our Service by You, a snapshot of the page, video recording of Your interactions while using Our Service, including IP address of Your computer, time on that page, date and time that the proprietary technology was loaded, as well as the date and time of the various user interactions with the page, devices used, and HTTP headers from Your browser. This authorization overrides any potential claim of Us violating Federal or State anti-wiretapping laws and/or regulations, including, without limitation, any other applicable laws and/or regulations related to this Session Replay Software.
4.2 You consent to receiving contact by email or telephone at the number You provided, either by People’s Justice, an agent, affiliate, partner, or representative thereof, a third-party partner or service provider, an attorney, or a law firm. This contact may include communication through an email, autodialer, automatic telephone dialing system, text message, or pre-recorded call. You acknowledge that standard message and data rates may apply. You acknowledge that submitting information through this Service constitutes my electronic signature and You consent to being contacted.
4.3 You consent and authorize Us to transfer and/or share information, that You provide to Us through this Service, to Our agents, affiliates, partners, or representatives, to third-party partners, their affiliates, or service providers, to third-party legal service providers and non-legal service providers, and to law firms or attorneys. You understand that this consent and authorization is voluntary.
4.4 You understand and agree We are not a law firm and do not provide legal advice. You acknowledge We may connect and provide Your information to various parties who may connect You to attorneys. You acknowledge You are under no obligation to retain any services of those connected through this Service. You acknowledge this information does not constitute legal or medical advice and it should not be relied upon as such. Results are not guaranteed and past performance is not an indication of future success.
4.5 You understand and agree that submitting information does not establish an attorney client relationship. You consent to the information submitted being shared with attorneys and law firms unaffiliated with Us. You understand and agree that any information received in follow-up communications is general information for which there will be no charge. You will not rely upon information on this Service as legal advice.
4.6 You understand and agree We may conclude that the information You submit does not meet Our criteria for follow-up. We reserve the right, in Our sole and absolute discretion, to determine whether Your submission(s) merits follow-up.
4.7 You understand and agree You are responsible for ensuring all persons who access the Website through Your internet connection are aware of Our Terms of Service and comply with them.
5.2 You represent and warrant that the information filled out, submitted, and provided by You, through use of this Service, is up-to-date, materially accurate, and is sufficient for Us to identify You and contact You.
5.3 You represent and warrant the full right and present authority to provide People’s Justice with information about another person or entity, if the information provided is not my own, and engage with Us on his/her/its behalf.
5.4 You understand and agree each party represents and warrants to the other that it has full right and present authority to enter into this Agreement and to perform all of its obligations hereunder; that its execution and performance of this Agreement will not breach any agreement between itself and a third party; and that the provisions of this Agreement are binding upon and enforceable against it except as may be limited by applicable United States bankruptcy laws and other laws affecting creditor’s rights.
You understand and agree We, Our licensors, or other applicable owners, are the owner of or otherwise licensed to use all parts of the Service, including, without limitation, its entire contents, features, and functionality related to all information, copies, text, records, displays, images, video, audio, software, graphics, processes, proprietary ideas, designs and all copyrights, trademarks, service marks, trade names, logos, trade secrets and other intellectual property or proprietary rights contained therein. Our licensors and Us are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws, where applicable. By using the Service, You must not and agree not to reproduce, copy, distribute, modify, make derivative works of any materials, publicly display, publicly perform, republish, download, store, or transmit any of the material on Our Website without prior written consent from Us. If You are in breach of the Terms of Service, Your right to use Our Service will stop immediately and You must, at our option, return or destroy any copies of the materials You have made. Any use of the Service not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws. Except as expressly set forth in these Terms of Service, no right, title, interest, or license is transferred/granted to You and no rights are conveyed by virtue of accessing or using Our Service. All rights not expressly granted under these Terms of Service are reserved by Us.
7.1 You understand and agree the laws of the State of Connecticut shall govern these Terms of Service. While We will make reasonable efforts to resolve any disagreements You may have with Us, if these efforts fail You agree that all claims, disputes or controversies against Us arising out of or relating to these Terms of Service, or any products or services (“Claims”), shall be exclusively submitted to a binding arbitration proceeding (except for matters that may be taken to small claims court), no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) they seek. This includes, without limitation, Claims based on contract, tort (including intentional tort), fraud, agency, Your or Our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third- party claims, interpleaders or otherwise; and Claims made independently or with other claims.
7.2 You understand and agree the party filing a binding arbitration must submit Claims to either the American Arbitration Association (“AAA”) or the National Arbitration and Mediation (“NAM”), following any rules and procedures provided forthwith by each service respectively, for initiating and pursuing a binding arbitration. Any binding arbitration hearing that You attend will be held at a place chosen by either the AAA or NAM, if necessary, or in New Haven County, Connecticut, USA, as described below in subsection 9.2, or at some other place to which You and PJ agree in writing, and the arbitrator shall apply Connecticut law consistent with the Federal Arbitration Act. YOU SHALL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS OR TO ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. You may obtain copies of the current rules, and forms and instructions for initiating a binding arbitration by contacting either the AAA or NAM by using the contact information noted below.
7.3 American Arbitration Association (“AAA”) – Website: www.adr.org
7.4 National Arbitration and Mediation (“NAM”) – Website: www.namadr.com
7.5. You understand and agree a single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten (10) years’ experience or a retired or former judge in good standing of The Connecticut Bar, selected in accordance with either the rules of the AAA or NAM. The arbitration will follow the procedures and rules of either the AAA or NAM which are in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with these Terms of Service, in which case these Terms of Service will prevail. Those procedures and rules may limit the discovery available to You or Us. The arbitrator will take reasonable steps to protect Your account information and other confidential information if requested to do so by You or Us.
7.6 You understand and agree, initially, each party to the binding arbitration will bear his/her/it’s own expenses/fees, including, without limitation, each party’s attorney(s), expert(s), witness(es), administrative costs, and any other related expenses/fees, regardless of which party prevails. You understand that a party may recover any or all expenses/fees from another party if the arbitrator, applying applicable law, so determined in the final order and/or ruling.
7.7 YOU UNDERSTAND AND AGREE ANY CLAIM YOU HAVE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE THE CLAIM ARISES. AS NOTED ABOVE, YOU AND COMPANY HEREBY VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT EITHER MAY HAVE TO A JURY TRIAL.
7.8 You understand and agree We will not choose to arbitrate any Claim You bring in small claims court. However, if such a Claim is determined by the court to be outside its jurisdiction, the parties agree that the dispute shall then be submitted to binding arbitration.
7.9 You understand and agree that any orders and/or rulings of the arbitrator shall be in writing and shall be binding and final upon You and Us.
7.10 You understand and agree that, as a result of agreeing to arbitrate all legal disputes, You are waiving rights that include the right to bring an action in court, the right to a jury trial, the right to broad discovery, and the right to an appeal. You understand that, in an arbitration proceeding, the case is decided by one or more arbitrators and not by a judge or jury.
You understand and agree:
8.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, PJ EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF QUALITY, AVAILABILITY, HIDDEN DEFECTS, TITLE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER PJ NOR ANY PERSON ASSOCIATED WITH PJ REPRESENTS, GUARANTEES, OR ASSURES THAT OUR SERVICE IS ACCURATE, TIMELY, RELIABLE, COMPLETE, ERROR FREE, VIRUS FREE, UNINTERRUPTED, OR THAT A DEFECT WILL BE CORRECTED. ANY SERVICES OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
8.2 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PJ WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR OTHER INDIRECT DAMAGES, REGARDLESS OF HOW CAUSED, THEORY OF LIABILITY, OR WHETHER WE (OR OUR LICENSORS, AGENTS, AFFILIATES, REPRESENTATIVES, OR SUPPLIERS) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY AND OUR LICENSORS AND SUPPLIERS ARISING OUT OF THIS AGREEMENT IS LIMITED TO ONE HUNDRED DOLLARS ($100).
8.3 THIS AGREEMENT DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER. HOWEVER, WE SHALL BE ENTITLED TO THE MAXIMUM LIMITATIONS AND EXCLUSIONS PERMITTED, AND IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED ONE HUNDRED DOLLARS ($100).
9.1 You understand and agree that all matters relating to the Website and Our Agreement, and any dispute arising therefrom or related thereto, shall be construed, governed by, and enforced under the substantive laws of the State of Connecticut, and hereby applicable to any party domiciled in, residing in, contracting in (whether or not executed and wholly performed within the State of Connecticut), or otherwise purposefully availing themselves within the State of Connecticut.
9.2 You understand, agree and submit to the jurisdiction of the State and Federal courts situated in New Haven County, Connecticut, USA in all disputes arising out of or related to the use of the Service and You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts, or by any other legally constituted body having such jurisdiction.
9.3 YOU UNDERSTAND AND AGREE TO HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY IN CONNECTION WITH ANY ACTION OR PROCEEDING ARISING UNDER THE AGREEMENT OR YOUR USE OF OUR SERVICE.
You understand and agree this Agreement shall constitute the entire agreement You have with Us regarding the subject matter hereof and supersedes any and all prior or inconsistent understandings. Our Agreement cannot be amended, modified, or terminated except as described herein or by a separate writing signed by Us or an authorized agent, affiliate, or representative of Ours.
You understand and agree if any provision herein is deemed to be unlawful, invalid, void, illegal, or otherwise unenforceable by a court of competent jurisdiction or by any other legally constituted body having jurisdiction to make such a determination, the parties rights and obligations hereto shall be reduced only to the extent required to remove the unlawful, invalid, void, illegal, or otherwise unenforceable portion. The parties intend such provisions, if necessary, be changed in scope to an extent deemed necessary to render the provision reasonable and enforceable, or stricken, whereas the remainder of this Agreement will in no way be unlawful, invalid, void, illegal, or otherwise unenforceable. The parties agree each and every provision herein is severable.
You understand and agree any action that may be construed as a waiver of any breach of any provision herein shall not constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made by a separate writing signed by Us or an authorized agent, affiliate, or representative.
You understand and agree You shall not sell, assign, transfer, charge, convey, make over or purport to sell, assign, transfer, charge, convey, or make over Your rights under this Agreement. Any purported assignment shall be null and void. Headings are purely for reference and shall not affect meaning.
You understand and agree any provision herein that must survive any termination of Your agreement with Us in order to enforce its meaning shall survive, including, without limitation, Accessibility, Scope and Application, Authorized Use of Website, Unauthorized Use of Website, Terms of Agreement, Representations, Proprietary Rights, Arbitration and Waiver of Class Claims, Disclaimers and Limitation of Liability, Governing Law – Forum Selection, Complete Agreement, Severability, Waiver, Assignment, Survival, Statute of Limitations, Rights and Remedies, and Prohibited Uses.
You understand and agree You may not make or initiate any demand, claim, or action against Us, regardless of form or the basis of the claim, more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).
You understand and agree if We believe, have reason to believe, or are notified of anything that could compromise or endanger the health or safety of any person, could cause damage (tangible or intangible), could adversely affect, infringe upon or misappropriate anyone else’s rights, harasses, or interferes with any other user, interferes with or bypasses security or other protective measures, violates any law or regulation or this Agreement, We have the right, reserving cumulatively all other rights and remedies available to Us at law, in equity and under Our agreement with You, to report and provide information to any and all regulatory and law enforcement authorities and agencies and take any action permitted by law. YOU WAIVE AND HOLD HARMLESS PJ AND OUR AFFILIATES, AGENTS, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ACTION TAKEN BY PJ DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER PJ OR LAW ENFORCEMENT AUTHORITIES.
You understand and agree nothing herein or on the Service should be understood as granting You, or any agent, affiliate, or representative of You, a license to use any Website contents, features, and functionality related to all information, copies, text, records, displays, images, video, audio, software, graphics, processes, proprietary ideas, designs and all copyrights, trademarks, service marks, trade names, logos, trade secrets and other intellectual property or proprietary rights contained therein, owned by Us or any third party. We make no representation that any of the materials or the services to which You have been given access are available or appropriate for use outside the United States and access to Our Service from territories where its contents are illegal or restricted is prohibited. If You choose to access Our Service from outside the United States, You do so on Your own initiative and are responsible for compliance with applicable laws, rules, and regulations.
Should You have any questions regarding these Terms of Service You may contact Us at email@example.com
Date of Last Revision: 3/29/2023