Terms & Conditions For The Use Of SettlementCentral.Com Web Site
THE FOLLOWING TERMS AND CONDITIONS FOR THE USE OF THE SettlementCentral.Com (hereinafter referred to as "SCC".) WEB SITE CONSTITUTES AN AGREEMENT BETWEEN ANY PARTY USING THE SCC WEB SITE AND SettlementCentral.Com.
The use of the SCC web site is offered on the condition that any party using the SCC web site accepts, without modification, the terms and conditions set forth below. Use of the SCC web site shall constitute acceptance, without modification, of these terms and conditions and shall be deemed an agreement by any party using the SCC web site to be bound by these terms and conditions.
SCC reserves the right to change these terms and conditions. Any party using the SCC web site is responsible for regularly reviewing the "TERMS & CONDITIONS FOR THE USE OF SettlementCentral.Com WEB SITE" and continued use of the SCC web site shall constitute agreement to all such terms and conditions as amended.
SCC reserves the right to adopt rules and regulations related to the operation of the SCC web site and any such rules and regulations so adopted are hereby incorporated, by this reference, into the "TERMS & CONDITIONS FOR THE USE OF SettlementCentral.Com WEB SITE"
As a condition of the use of the SCC web site, it shall be strictly prohibited and unlawful to use the SCC web site for any purpose that is unlawful or prohibited by these terms and conditions. If a court or other authority with jurisdiction determines that use of this web site in its state is illegal, then members from that state should not use this site, and their membership fee will be refunded. It shall be strictly prohibited and unlawful to use the SCC web site in any manner that could damage, disable, overburden, or impair the SCC web site or interfere with any other party's use and enjoyment of the SCC web site. It shall be strictly prohibited and unlawful to attempt to gain unauthorized access to the SCC web site, or any portion thereof, or any SCC member's account through hacking, password mining or any other means. It shall be strictly prohibited and unlawful to use the SCC web site to violate any applicable laws or create a false identity for the purpose of misleading others.
Upon payment of their initial membership fee, SCC members will have access to the entire SCC member site, all of the information contained therein and all of the other membership benefits for a period of three months from the date of the payment of their initial membership fee. In addition, it is anticipated that the SCC member site will be improved and enhanced over time and, that with these improvements and enhancements, the cost of SCC membership will increase. Once a SCC member pays their initial membership fee, that member will have complete access to all improvements and enhancements to the SCC member site for the three-month duration of their membership without having to pay the increased membership fee. Once the three-month term of membership expires, a member has the right on three additional occasions to renew membership for an additional three-month term at the cost of $5.00, irrespective of whether or not there has been an increase in the initial membership fee during the term of membership. As detailed below and elsewhere in this site, in the future, SCC will provide access to Professional Service Providers (PSPs) and attorneys for consultation or representation as part of a membership package that will cost $247.50. Members who sign up at this reduced price of $49.95 will not have access to those services, unless they elect to pay for the right to access the individual service desired. For example, members who pay only $49.95 can elect to purchase one hour of PSP time for an additional $77.50; should the member wish to consult an attorney from our network of attorneys, the one-time administrative charge is $28.00, and the attorneys have agreed to bill their time at the reduced rate of $127.00 per hour. The member would also have access to attorneys who (should they elect to do so) will representa member in his claim at a guaranteed discount of 10% off their usual rate. Access to the SCC member site is limited to SCC members and their immediate family, which is defined as the member's spouse and children under the age of 18 years. The SCC site and SCC member site contain copyrighted and other proprietary information. The reproduction of any copyrighted and/or proprietary information contained on the SCC site and SCC member site for any purposes, other than the resolution of an injury claim sustained by SCC members and/or their immediate families, as that term is defined herein, is unlawful and strictly prohibited. Additionally, providing access to the SCC member site to anyone who is not a SCC member or an immediate family member, as that term is defined herein, is unlawful and strictly prohibited.
The SCC web site exists for personal and non-commercial use. The copying, displaying, distribution, publishing, reproduction and/or transmission of any information found within the SCC web site is unlawful and strictly prohibited.
To access the SCC member site, SCC members will be required to register by providing SCC with current, complete and accurate information as requested by the membership registration form. Additionally, SCC members will be required to select a user name and password. Each SCC member will be entirely responsible for maintaining the confidentiality of their respective password and membership account. Additionally, each SCC member will be entirely responsible for any and all activity that occurs under their respective account. Each SCC member shall immediately notify SCC of any unauthorized use of that member's respective account or any other breach of the security of the member's account. SCC shall not be liable for any loss that a SCC member incurs as a result of the use of that member's respective password and/or account.
For the benefit and convenience of subscribing SCC members, the SCC web site may contain links to the web sites of third parties, hereinafter referred to as the "Links". Since SCC has no control over these Links, SCC shall have no responsibility nor liability for the content of any and/or all of the Links. By including these links, SCC makes no warranty and/or endorsement, expressed or implied, of any kind whatsoever of any of the Links. Anyone using any of the Links does so at their own risk. SCC assumes no responsibility for the usage of these Links and shall not be liable for their usage.
SCC's policy is to protect the privacy of both its members and others using the SCC web site. However, SCC also has an obligation to comply with all laws and regulations including lawful court orders. Accordingly, although SCC will exercise its best efforts to protect the privacy of both its members and others using the SCC web site, SCC reserves the right to disclose any personal information about its members and others using the SCC web site, without prior permission, if SCC believes in good faith that such disclosure is necessary to: (A) conform to the law and/or a lawful court order; (B) protect and defend SCC, its interests, rights, property, shareholders, officers, employees and agents; and (C) enforce the terms and conditions of this agreement.
SCC makes no representation or warranty that access to the SCC web site will be uninterrupted, timely, secure or error-free. The information and services included in or available through the SCC web site may include inaccuracies or typographical errors. Changes and corrections may be made periodically to the SCC web site and to the information therein. SCC has no obligation to notify members of any changes or corrections made. SCC makes no representations and warranties about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of the information, software and/or services contained within the SCC web site for any purpose. All such information, software and/or services are provided "as is" without warranty of any kind. SCC hereby disclaims all warranties and conditions with regard to this information, software and/or services including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement.
Anyone using the SCC web site specifically agrees that SCC shall not be responsible for unauthorized access to or alteration of any transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the SCC web site.
In no event shall SCC be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the SCC web site, with the delay or inability to use the SCC web site, whether based on contract, tort, negligence, strict liability or otherwise, even if SCC has been advised of the possibility of damages.
The "professional service providers", (hereinafter referred to as "PSPs"), associated with SCC are not authorized to give or provide legal or medical advice or assistance or to be engaged in any negotiations related to any claims. In the event that any SCC member becomes aware of any violation of this rule by a SCC PSP, the SCC member must report that violation to SCC. Additionally, SCC members are hereby cautioned that they should never rely on any advice or assistance that they might receive from a SCC PSP that violates this rule.
For the convenience of SCC members, SCC has created a network of licensed attorneys to provide legal advice, assistance and representation to SCC members. These attorneys are totally independent of SCC. SCC members are under no obligation to engage the services of these attorneys. SCC does not warrant the competency of said attorneys to give advice or represent in a personal injury matter, other than the fact they are all members of some state or national trial lawyers organization. In the event that a SCC member desires to engage an attorney who is part of the SCC Attorney Network, the attorney-client relationship will exist solely between the SCC member and the attorney and no attorney-client relationship shall exist between the SCC member and SCC shall have no liability or responsibility for the professional services rendered to a SCC member by an attorney who is part of the SCC Attorney Network.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and SCC with respect to the SCC web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and SCC with respect to the SCC web site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
All actions, claims and/or suits, including without limitation claims for breach of contract, tort, the violation of any consumer protection and/or unfair practice laws, shall be governed solely by the laws of the State of Washington. Anyone using the SCC web site hereby agrees that jurisdiction and venue of any lawsuit against SettlementCentral.Com shall be in the courts of Kitsap County, Washington. SettlementCentral.Com is not limited in its actions for relief, and may simultaneously seek injunctive relief together with damages, attorneys' fees and costs, and treble damages, all as authorized by statute or by common law. If SettlementCentral.Com is the prevailing party, it shall be entitled to all actual fees and costs, irrespective of whether or not suit is instituted. In addition, SettlementCentral.Com, in its sole discretion, reserves the right to suspend or terminate membership rights for violation of these Terms and Conditions. Such action may be taken without notice or opportunity to be heard. No refund or guarantee rights are available to a member whose membership rights have been suspended or terminated.
For any subscribing SCC members, the sole and exclusive remedy for any action, claim and/or suit shall be limited to a refund of the membership fee paid. For those individuals who are not subscribing SCC members and are simply using the free, public section of the SCC web site, the sole and exclusive remedy is to discontinue using the SCC web site.
The situs of this agreement shall be deemed to be Kitsap County, Washington.
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