1. Welcome to ClassAction.org
Changes to Our TOU
We reserve the right to change these TOU at any time. In the event of significant material changes, we will provide advance notice of the changes by email to users who have registered for our newsletter. We will also post these changes on our Site. These changes will become effective 30 days after posting of the notice. Your continued use of our Site and Service, after any change to these TOU and our notifying you will constitute your acceptance of such change. If you do not agree with the changes to these TOU, you can choose to discontinue the use of our Site and Service.
2. Our Service
For security reasons, S4 generally does not to retain any information, forms and materials submitted by users, except for a very limited period of time. Because of this, you should not rely on S4 to retain any information you submit via the Service, and S4 hereby disclaims any responsibility for the retention of same.
3. News, Feature Articles and Other Information
The Site also includes original news and features articles ("S4 Content"). All such S4 Content is the sole responsibility of the writer submitting the articles. S4 does not endorse, warrant, agree or disagree with the content of any S4 Content posted by independent writers on the Site.
S4 Content is protected by copyright, trademark, patent, trade secret and other laws. We hereby grant you a limited, revocable, nonsublicensable license to reproduce and display the S4 Content solely for your personal use in connection with viewing the Site and using the Services. You may not otherwise copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any S4 Content. You also agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
4. No Legal Advice or Attorney-Client Relationship
S4 is not a law firm. S4 does not provide legal advice, and all S4 Content is provided for informational purposes only and does not in any manner constitute legal advice. You should not act, or refrain from acting, based upon any information on the Site or provided by S4 via the Service.
By accepting the posting of your complaint, S4 does not offer any advice as to whether you may have a legal remedy for your complaint or injustice, and S4 makes no representation or guarantee that you will obtain satisfaction, justice or compensation for your complaint or injustice. S4 is not obligated to release any posted information, including contact names, and it is possible that no lawyer, law firm, legal financial service provider or other legal service provider will respond to your submissions to the Service. S4 does not offer any opinion whatsoever concerning the merits of any claim you might have. S4 encourages you to also contact counsel other than those contacted via the Service if you intend to pursue any claims, and you should do so promptly to avoid having your case barred by the statute of limitations.
The information provided via the Service and the Site does not create, and its receipt by the reader does not establish or constitute, an attorney-client relationship. Submitting a case evaluation or any type of response or other information through the Service or otherwise via the Site will not create an attorney-client relationship and nothing provided or contained in the Service or the Site is to be considered an offer to represent you in any manner. S4 does not share your inquiries regarding possible inclusion in or participation in a lawsuit or settlement with third parties other than the lawyers, law firms, legal financial service providers, or other legal service providers who have requested such information be forwarded to them, as set forth on the “Get in Touch” form, and S4 keeps your inquiries regarding possible inclusion in or participation in a lawsuit or settlement confidential unless ordered to produce them by a court of law. Any communications that you have with lawyers, law firms, legal financial service providers or other legal service providers contacted via the Service are not the responsibility of S4.
5. Modifications to Service
S4 reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service or the Site (or any part thereof) with or without notice. In the event of a modification or discontinuance of service, all information submitted by you and others may be lost. You agree to keep a permanent record of all information provided to S4, and you agree that all information submitted to S4 is at your sole risk. You agree that S4 has no responsibility or liability for the deletion or failure to store any Content (as defined after this) maintained or transmitted by the Service including without limitation messages and other communications.
You agree that S4 shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
6. Eligibility and Accuracy of User Information
You must be at least 18 years of age to use the Site and the Service. Our website and services are for residents of the United States only. If you live outside the United States, please do not use our website or services. Any person suspended or removed from use of the Service for any reason may not access the Site or otherwise use the Service. In consideration of your use of the Service, you agree to:
- Provide true, accurate, current and complete information about yourself when completing a contact, registration or any other type of form; and
- If you provide any information that is untrue, inaccurate, not current or incomplete, or S4 has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, S4 has the right to refuse any and all current or future use of the Service (or any portion thereof).
7. Your Responsibility
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 the Site and/or the Service, are the sole responsibility of the person from which such Content originated, and, as such, S4 expressly disclaims any responsibility for such Content. This means that you, and not S4, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Site and/or the Service. S4 does not control the Content posted via the Site and/or the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site and/or the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will S4 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 and/or the Service.
You agree that you will not use the Site or the Service so as to violate the law, to misuse the proprietary information or property of others, or to make publications which are threatening or defamatory or otherwise injurious to the safety, business or reputation of others. Without limiting the generality of the foregoing, you agree not to do any of the following:
- Upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- Impersonate any person or entity, including, but not limited to, an attorney or an S4 official, forum leader, guide or host, or falsely state or otherwise misrepresent your identity, (including through the use of a pseudonym) or your position or affiliation with a person or entity, past or present;
- Upload, post, email, transmit, otherwise make available 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, email, transmit, otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except in those areas that are expressly designated for such purpose;
- Upload, post, email, transmit, otherwise make available any Content or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights, or other proprietary rights;
- Upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to disrupt the Site or the Services or to otherwise interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- Collect or store personal data about other users;
- Access the Service for the purpose of data mining or extracting content from the Service beyond your personal end use.
- Harm minors in any way;
- 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, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- Stalk or otherwise harass another;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Site or the Services;
- Interfere with or disrupt, or attempt to interfere with or disrupt, the Site or the Services or servers or networks connected with the Site and the Services, or disobey any requirements, procedures, policies, or regulations of networks connected with the Site or the Services;
- Attempt to use another user's account or obtain unauthorized access to the Site or the Services;
- Use manual or automated software, devices, or other processes to "crawl" or "spider" any pages at the Site is strictly prohibited;
- Monitor or copy, or allow others to monitor or copy, pages from the Site or the S4 Content included therein;
- "Frame" or otherwise simulate the appearance or function of the Site;
- Take any action that interferes with the proper working of or places an unreasonable load on S4's infrastructure;
- Engage in any activity that interferes with any third party's ability to use or enjoy the Site or the Services;
- Engage in deceptive marketing or advertising practices; or
- Assist any third party in engaging in any activity prohibited by this Agreement.
You acknowledge that S4 does not pre-screen Content, but that S4 has the right (but not the obligation) in its sole discretion to refuse or remove any Content from the Service without notice to you.
You acknowledge and agree that S4 may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOU; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of S4, its users and the public.
8. Use of Content
With respect to Content you elect to post with S4, you grant S4 the royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) world wide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You agree not to access the Service by any means other than through the interface that is provided by S4 for use in accessing the Service.
10. S4's Proprietary Rights
S4, the S4 logo and other S4 logos and product and service names are trademarks of S4 (the "S4 Marks"), whether or not registered. You agree not to display or use in any manner the S4 Marks without S4's prior written permission.
11. S4 Privacy Notice
Your personal information is subject to our Privacy Notice. For more information, please see our full privacy notice. While S4 has security procedures in place, it does not guarantee that the procedures will prevent loss, alteration or improper access to data or other content that is part of the Service, including the release of your information to third parties, including, without limitation, the company or person against whom you may have a complaint.
In the course of providing you with the Services, S4 may communicate with you via email. You agree to receive emails that are specific to your account and necessary for the normal functioning of the Services. You also agree to have your name and/or email address listed in the header of certain communications that you initiate through the Services.
12. Your Representations and Warranties
By accessing the Site or using the Services, you represent and warrant that (i) all information, and any subsequent updates thereto, that you or any person authorized by you submits to us is truthful and accurate; (ii) you, or a person authorized by you, will maintain the accuracy of such information; (iii) you are 18 years of age or older; (iv) you own the Content posted by you at or through the Site or otherwise have the right to grant the licenses regarding said Content set forth in this Agreement; (v) the posting of your Content at or through the Site does not, and will not, violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person; and (vi) your use of the Site or the Services otherwise does not, and will not, violate any applicable law, rule or regulation.
You agree to indemnify, defend and hold S4 and its subsidiaries and affiliates and their respective directors, officers, managers, members, agents, third party contractors, employees and partners, harmless from any and all direct, indirect, incidental, special, consequential or exemplary damages, claims, liabilities, costs and expenses, including attorneys' fees, arising from or in connection with (i) Content you submit, post to or transmit through the Service or the Site, (ii) your use of the Service or the Site, (iii) your connection to the Service or the Site, (iv) your violation of these TOU, (v) your violation of any rights of another person, or (vi) such activities carried out by a person using your S4 account or password.
By using the Site and/or the Service, you do not acquire any rights to the Site and/or the Service other than a license to use it that can be terminated at any time in accordance with this Section. You agree that S4, in its sole discretion, may terminate (to the extent applicable) your password, account (or any part thereof) or access to or use of the Service or the Site, and remove and discard any Content within the Service, for any reason if S4 believes that you have violated or acted inconsistently with the letter or spirit of these TOU. S4 may also in its sole discretion and at any time discontinue providing the Service or the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOU may be effected without prior notice, and acknowledge and agree that S4 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 Service. Further, you agree that S4 shall not be liable to you or any third-party for any termination of your access to the Service.
15. Dealings with Third Parties
Your correspondence or business dealings with third parties accessed through the Service and/or 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 third party. You agree that S4 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 Service. Without limiting the generality of the foregoing, you assume the sole and entire responsibility for dealing with any lawyers contacted via the Site and/or the Service, and you acknowledge that S4 has not approved of such lawyers in any way.
The Site contains (or you may be sent through the Site or the Services) links to other websites ("Third-Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Sites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by S4, and S4 is not responsible for any Third-Party Site accessed through the Site or the Services or any Third-Party Content posted on, available through, or installed from the Site or the Services, including without limitation, the accuracy, offensiveness, opinions, reliability, legality, privacy practices, or other policies of or contained in the Third-Party Sites or Third-Party Content. Inclusion of, linking to, or permitting use or installation of any Third-Party Site or any Third-Party Content does not imply approval or endorsement thereof by S4. If you decide to access any Third-Party Site or to use any Third-Party Content, you do so at your own risk.
Any type of link to the Site or the Services is subject to S4's prior consent.
17. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE AND/OR THE SITE IS AT YOUR SOLE RISK. THE SERVICE AND THE SITE ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. S4 EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, S4 MAKES NO REPRESENTATION OR WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE IS ACCURATE OR WILL MEET YOUR EXPECTATIONS, (v) THAT ANY PORTION OF THE SITE OR THE SERVICES WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES, OR (vi) ANY ERRORS IN THE SITE OR THE SERVICES WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE OR 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.
NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM S4 OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.
18. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT S4 SHALL NOT BE LIABLE FOR ANY, 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 S4 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (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 SERVICE; (v) YOUR FAILURE TO RECEIVE ANY THIRD PARTY SERVICES OR PRODUCTS REQUESTED THROUGH THE SERVICES OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT IS S4 LIABLE TO YOU UNDER THIS AGREEMENT OR OTHERWISE IN CONNECTION WITH YOUR USE OF THE SITE AND/OR THE SERVICE FOR AN AMOUNT IN EXCESS OF U.S.$100.
19. Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE EXCLUSIONS AND/OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
Notices to you may be made via either email or regular mail. The Site and/or the Service may also provide notices of changes to the TOU or other matters by displaying notices or links to notices to you generally on the Site and/or the Service. While S4 may give you notices from time to time, it is not obligated to do so.
21. Applicable Law
These TOU shall be governed by and construed in accordance with the laws of the state of New Jersey, without regard to conflicts of laws provisions. You and S4 agree that the United States District Court for the District of New Jersey and/or the Superior Court for the County of Somerset shall have exclusive jurisdiction over any dispute between you and S4 relating in any way to the S4 service or website or these TOU. You and S4 expressly and irrevocably consent to personal jurisdiction and venue in these courts. The parties agree that in any such dispute or subsequent legal action, they will only assert claims in an individual (non-class, nonrepresentative) basis, and that they will not seek or agree to serve as a named representative in a class action or seek relief on behalf of those other than themselves.
22. Entire Agreement; Severability; Section Headings
These TOU constitute the entire agreement between you and S4 and govern your use of the Service, superseding any prior agreements between you and S4. Without derogating from the generality of the foregoing, you may also be subject to additional terms and conditions that may apply when you use particular services offered via the Site.
If any part of these TOU is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
23. Copyright Complaints
If you believe that any material on the Site infringes upon any copyright, which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Name of Agent Designated to Receive Notification of Claimed Infringement: Amy Wilkins Hoffman
Full Address of Designated Agent to Which Notification Should be Sent: 3300 N. Central Ave., Ste. 2600 Phoenix, AZ 85012
Telephone Number of Designated Agent: 623 565 8851
E-Mail Address of Designated Agent: firstname.lastname@example.org
We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to a user's address in our records.
The section headings in these TOU are for convenience only and have no legal or contractual effect.