Terms of Service

1. Welcome to HealthEffectsOfAsbestos.com

   Online Legal Media, doing business as HealthEffectsOfAsbestos.com ("OLM"), provides access to its website and its services to you subject to the following Terms of Service (these "TOS"), whether or not you have registered for the Service (as defined below). In order to use the Site and the Service (each as defined below), you must accept all of the terms and conditions of these TOS as well as OLM’s Privacy Policy (the “Privacy Policy”) and Disclaimer (the “Disclaimer”). By using the Site and/or the Service, you expressly accept and agree to be bound by the terms and conditions of these TOS, the Privacy Policy, and the Disclaimer. In the event of any inconsistency between the Privacy Policy and/or the Disclaimer and these TOS, these TOS will prevail. Nothing in these TOS will be deemed to confer any third party rights or benefits, except with respect to the indemnification obligations set forth in Section 13 of these TOS. If you do not agree to be bound by the terms and conditions of these TOS, you may not use or access the Site or use the Service.
   
   OLM reserves the right to modify these TOS at any time and from time to time, and without prior notice, by posting amended Terms of Service at OLM’s website, which is currently available at https://www.HealthEffectsOfAsbestos.com (the “Site”). Your continued use of the Site and/or the Service after the posting of any such amended Terms of Service will indicate your acceptance of the amended Terms of Service.

2. Our Service

   OLM provides users with the ability to register a personal claim and forward it to lawyers, law firms, legal financial service providers, or other legal service providers sponsoring submission forms (the “Service”). By providing your information to OLM, you agree that OLM may release your contact information and all other information provided by you to the lawyers, law firms, legal financial service providers or other legal service providers, sponsoring the submission forms for the topics you have chosen.
   
   For security reasons, OLM generally does not to retain any information, forms, or materials submitted by users, except for a very limited period of time. Because of this, you should not rely on OLM to retain any information you submit via the Service, and OLM 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 (collectively, “OLM Content”). All OLM Content is the sole responsibility of the writer submitting the articles. OLM does not endorse, warrant, or agree or disagree with the content of any OLM Content posted by independent writers on the Site.
   
   OLM 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 OLM Content solely for your personal use in connection with viewing the Site and using the Service. You may not otherwise copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any OLM Content. You also agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose, any portion of the Service, use of the Service, or access to the Service.

4. No Legal Advice or Attorney-Client Relationship

   OLM does not provide legal advice, and all OLM 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 OLM via the Service.
   
   By accepting the posting of your complaint, OLM does not offer any advice as to whether you may have a legal remedy for your claim, and OLM makes no representation or guarantee that you will obtain satisfaction, justice, or compensation for your claim. OLM 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 submission to the Service. OLM does not offer any opinion whatsoever concerning the merits of any claim you might have. OLM encourages you to contact licensed counsel other than those contacted via the Service if you intend to pursue any claim, and you should do so promptly to avoid having your claim barred by any applicable statute of limitations.
   
   The information provided via the Service and the Site is not privileged and 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. Any communication 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 OLM.

5. Modifications to Service

   OLM 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 the Service or the Site (or any part thereof), all information submitted by you may be lost. You agree to keep a permanent record of all information provided to OLM, and you agree that all information submitted to OLM is at your sole risk. You agree that OLM has no responsibility or liability for the deletion or failure to store any Content (as defined below) maintained or transmitted via the site or the Service, including, without limitation, messages and other communications.
   
   You agree that OLM shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service or the Site (or any part thereof).

6. Eligibility and Accuracy of User Information

   You must be at least 18 years of age to use the Site or the Service. Any person suspended or removed from use of the Service for any reason may not access the Site or otherwise use the Service. You may not have more than one active account. Additionally, you are prohibited from selling, trading, or otherwise transferring your account to any other party.
   
   In consideration of your use of the Service, you agree to:
   
   
   • Provide true, accurate, current, and complete information about yourself when prompted by the Service’s registration form (collectively, “Registration Data”); and
   • Maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or OLM has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, OLM has the right to suspend or terminate your account and 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 (collectively, “Content”), whether publicly posted or privately transmitted by you or other users of the Site and/or the Service, are the sole responsibility of the person from which such Content originated, and, as such, OLM expressly disclaims any responsibility for such Content. This means that you, and not OLM, are entirely responsible for all Content that you upload, post, email, or otherwise transmit via the Site and/or the Service. OLM 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 any 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 circumstance will OLM 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, misuse the proprietary information or property of others, or 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 OLM 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, or 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, or proprietary and confidential information learned or disclosed as part of an employment relationship or subject to a nondisclosure agreement);
   • Upload, post, email, transmit, or 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, or 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, file, or program designed to disrupt the Site or the Service, 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 or annoy another;
   • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Site or the Service;
   • Interfere with or disrupt, or attempt to interfere with or disrupt, the Site or the Service or servers or networks connected with the Site and the Service, or disobey any requirements, procedures, policies, or regulations of networks connected with the Site or the Service;
   • Attempt to use another user’s account or obtain unauthorized access to the Site or the Service;
   • Use manual or automated software, devices, or other processes to “crawl” or “spider” any pages at the Site;
   • Monitor or copy, or allow others to monitor or copy, pages from the Site or any OLM 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, OLM’s infrastructure;
   • Engage in any activity that interferes with any third party’s ability to use or enjoy the Site or the Service;
   • Engage in deceptive marketing or advertising practices; or
   • Assist any third party in engaging in any activity prohibited by these TOS.
   You acknowledge that OLM does not pre-screen Content, but that OLM has the right (but not the obligation) in its sole discretion to refuse or remove any Content from the Service or the Site without notice to you.
   
   You acknowledge and agree that OLM 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 these TOS; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of OLM, its users, or the public.

8. Use of Content

   With respect to Content you post with OLM, you grant OLM 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) worldwide 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 OLM for use in accessing the Service.

9. Submissions

   You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Site or the Service (each a “Submission”) provided by you are non-confidential and shall become OLM’s sole property. OLM will own exclusive rights (including all intellectual property rights) in and to, and will be entitled to unrestricted use and dissemination of, each such Submission for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

10. OLM’s Proprietary Rights

    OLM, the OLM logo, and other OLM logos and product and service names are trademarks of OLM (the “OLM Marks”), whether or not registered. You agree not to display or use in any manner the OLM Marks without OLM’s prior written permission.

11. OLM Privacy Policy

    Your personal information is subject to our Privacy Policy. For more information, please see our full Privacy Policy. While OLM 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 claim.
    
    In the course of providing you with the Service, OLM 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 Service. You also agree to have your name and/or email address listed in the header of certain communications that you initiate through the Service.
    
    When you submit information to OLM, you will be sent a complimentary issue of the Law News For You Newsletter, in order to keep you up to date with new class actions and settlements. If you do not wish to receive further issues, please use the unsubscribe link provided at the bottom of the newsletter.

12. Your Representations and Warranties

    By accessing the Site or using the Service, 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 these TOS; (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 Service otherwise does not, and will not, violate any applicable law, rule, or regulation.

13. Indemnity

    You agree to indemnify, defend, and hold OLM and its subsidiaries and affiliates, and each of 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 TOS, (v) your violation of any rights of another person, or (vi) such activities carried out by a person using your OLM account or password.

14. Termination

    By using the Site and/or the Service, you do not acquire any rights to the Site and/or the Service other than a limited license as set forth above that can be terminated at any time in accordance with this Section. You agree that OLM, 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 OLM believes that you have violated or acted inconsistently with the letter or spirit of these TOS. OLM 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 these TOS may be effected without prior notice, and you acknowledge and agree that OLM may immediately deactivate or delete your account and all related Content and files in your account and/or bar any further access to such files or the Service. Further, you agree that OLM shall not be liable to you or any third party for any termination of your access to the Service and/or the Site.

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 OLM 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 or other service provider contacted via the Site and/or the Service, and you acknowledge that OLM has not approved of such lawyers in any way.

16. Links

    The Site contains (or you may be sent through the Site or the Service) 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 OLM, and OLM is not responsible for any Third Party Site accessed through the Site or the Service or any Third Party Content posted on, available through, or installed from the Site or the Service, including without limitation, the accuracy, offensiveness, opinions, reliability, legality, privacy practices, or other policies of, or contained in, any 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 OLM. If you decide to access any Third Party Site or to use any Third Party Content, you do so at your own risk.

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. OLM 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, OLM 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, SERVICE, 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 SERVICE 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 SERVICE 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 WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
    • NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OLM OR THROUGH OR FROM THE SERVICE OR THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TOS.

18. Limitation of Liability

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT OLM SHALL NOT BE LIABLE FOR ANY, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY OR PUNITIVE 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 OLM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE OR THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE OR THE SITE; (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 OR THE SITE; (v) YOUR FAILURE TO RECEIVE ANY THIRD PARTY SERVICES OR PRODUCTS REQUESTED THROUGH THE SERVICE OR THE SITE OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE OR THE SITE. IN NO EVENT IS OLM LIABLE TO YOU UNDER THESE TOS OR OTHERWISE IN CONNECTION WITH YOUR USE OF THE SITE AND/OR THE SERVICE OR THE SITE FOR ANY AMOUNT IN EXCESS OF US$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.

20. Notice

    Notices to you may be made via email or regular mail. The Site and/or the Service may also provide notices of changes to these TOS or other matters by displaying notices or links to notices to you generally on the Site and/or the Service. While OLM may give you notices from time to time, it is not obligated to do so.

21. Applicable Law

    These TOS shall be governed by and construed in accordance with the laws of the State of California without regard to conflicts of laws provisions. You and OLM agree that the United States District Court for the Northern District of California and/or the California Superior Court for the County of Santa Clara shall have exclusive jurisdiction over any dispute between you and OLM relating in any way to the Service or these TOS. You and OLM expressly and irrevocably consent to personal jurisdiction and venue in these courts. You agree that in any such dispute or subsequent legal action, you will only assert claims in an individual (non-class, non-representative) basis, and that you will not seek or agree to serve as a named representative in a class action or seek relief on behalf of those other than yourself.

22. Entire Agreement; Severability; Section Headings

    These TOS constitute the entire agreement between you and OLM and govern your use of the Service and the Site, superseding any prior agreements between you and OLM. 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 TOS 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. The section headings in these TOS are for convenience only and have no legal or contractual effect.