Terms and Conditions
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 six 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
six-month duration of their membership without having to pay the
increased membership fee. Prior to the expiration of the
six-month term of membership, a member has the right on one
additional occasion to renew membership for an additional
six-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. SCC will send the member a
courtesy negative option e-mail on the extension of membership:
the member must opt-out or his card will be charged for the
six-month extension at the price of $5.00
As detailed below and elsewhere in this site, in the future,
SCC will provide access to attorneys for consultation or
representation at discount rates. Members will pay SCC a
one-time administrative cost of $28 to access the attorney list.
While there is no guarantee that SCC can find a qualified
attorney for the member, we will exercise our best efforts to
locate an attorney. The fee is not paid until the attorney
agrees to consult with the member. Consultation will be billed
by the attorney to the member at the discounted rate of $95 per
hour, and representative services (if agreed to by the attorney)
will be at a discount of 10% off the attorney's normal fee for
such services.
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.
SettlementCentral.Com offers a risk-free, 100% satisfaction
guarantee. While we cannot guarantee your success with the
insurance adjuster, years and years of experience in serving
injured people have convinced us that the insurance personal
injury settlement information we provide is the 'right stuff'.
SettlementCentral.com offers a 15-day money back guarantee if
you are not satisfied with the site's content, which includes
the understanding that new content may be created to fill any
holes you believe to exist. At this discounted price, members
will have to have some patience with us if we have not yet
produced just what they are looking for; so we expect to learn
what is needed and then we will create the information for them
and send it along. There in no guarantee once
SettlementCentral.Com commences to respond to individual
requests for information, examples, or documents.
The "professional service providers", (for example,
independent insurance adjusters available for
consultation-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 is creating 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 SettlementCentral.Com. 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.