Terms and Conditions of Website and/or Service Use
Last updated August 3, 2026
YOUR USAGE OF, OR ACCESS TO, THE setcalc.com WEBSITE (THE "WEBSITE") CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE FOR THE WEBSITE AND ALL OF THE SERVICES OFFERED THROUGH THE WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE, YOU (ALSO REFERRED TO AS A "USER") MUST NOT USE OR MUST IMMEDIATELY TERMINATE YOUR USAGE OF THIS WEBSITE AND THE SERVICES ACCESSIBLE BY YOU THROUGH YOUR USE OF THIS WEBSITE (HEREINAFTER REFERRED TO INDIVIDUALLY AND COLLECTIVELY AS THE "SERVICE").
IMPORTANT NOTICE: SECTION 27 OF THESE TERMS CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS HOW DISPUTES BETWEEN YOU AND PROVIDER ARE RESOLVED. EXCEPT AS STATED IN SECTION 27, YOU AND PROVIDER AGREE TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, AND YOU WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS AS DESCRIBED IN SECTION 27.
1. Description of the Website and Service
The Website and the Service are made available by setcalc.com ("Provider"). The information and the Service on the Website are not intended to provide and should not be construed as providing legal advice. The Service is an interactive computer service that allows Users to enter information regarding their case so that they may receive an estimated potential settlement value calculated by our system. Depending on availability and your case details, your estimate may be displayed to you on the Website, sent to you by email, and/or reviewed with you by an advertising attorney who is part of our network. Attorney review of your estimate is subject to availability and may not be available for some case types, locations, or for Users already represented by counsel. If attorney review is unavailable, we will send your estimate by email without attorney review.
Advertising attorneys ("Subscribers") pay Provider flat advertising fees, which may be structured as a fee per User contact, a monthly subscription, or another flat arrangement. Subscriber fees are never a percentage of, or contingent on, any settlement, verdict, or legal fee. Users are required to provide contact information and case details so Subscribers may initiate contact with Users at the User's provided contact information, such as by phone and/or email. The content on this Website, including but not limited to the Service and other resources and information, is for personal use only.
2. Eligibility; Electronic Communications
You must be at least 18 years of age to use the Website or the Service. By using the Service you represent that you are at least 18 years old and located in the United States. You consent to receive communications from us electronically, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
3. Communications and Consent to Be Contacted
By using our Service and providing your personal contact information, you agree that an advertising attorney or other advertising partner may contact you about your case by any method of communication, including any prerecorded telephone call or SMS messaging to any telephone number including any wireless telephone number, and including calls or texts placed using an automatic telephone dialing system. You understand that consent is not a condition of purchase, and that message and data rates may apply. You may revoke consent to be contacted by a particular caller by following that caller's opt-out instructions (for example, replying STOP to a text message) or by contacting us as described in the Privacy Policy.
4. Not a Law Firm; No Legal Advice; No Attorney-Client Relationship
Provider is not a law firm and does not practice law. Use of the Website or Service is not intended to and does not create a privileged, confidential or attorney-client relationship between Users and either Provider or its Subscribers. Users have sole discretion whether to contact and/or be contacted by Subscribers to the Service and are solely responsible for making their own selection of counsel. Any agreements regarding legal services or fees must be made outside the scope of the Service and are strictly between the User and the Subscriber(s) and do not involve Provider in any way. Information contained on or made available through the Website and the Service is not intended to and does not constitute legal advice or counseling under any circumstance. Provider does not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained in or linked from the Website. Provider does not receive any portion of any attorney's or law firm's fees, and Provider's compensation from Subscribers is never contingent on the outcome of any matter. Provider is not involved in or responsible for any transactions that might occur between Users and Subscribers, and Provider does not guarantee that such transactions will occur. Provider does not guarantee that any attorney will contact you or agree to accept your case. Users and Subscribers are solely responsible for compliance with all laws and regulations governing their interactions via the Service, including, with respect to Subscribers, compliance with all ethics and bar association rules and regulations applicable to their practice.
5. Advertising Disclosure; Not a Lawyer Referral Service
Our platform, Website, and Service are pooled attorney advertising. All attorneys who participate in our Service have paid an advertising fee (which may be based on a monthly subscription, a fee per User contact, or another flat arrangement). The attorney listings and attorney connections on this Website are attorney advertisements and do not constitute a referral, recommendation or endorsement. Provider is not a lawyer referral service. Provider does not evaluate the merits of legal claims, does not exercise judgment in selecting a particular attorney for a particular User (connections are based on neutral criteria such as geographic location and case type), does not vet or rank participating attorneys, and does not split, share in, or receive any portion of legal fees.
California
Provider is not a lawyer referral service and is not certified as a lawyer referral service by the State Bar of California under California Business and Professions Code section 6155. This Website is group attorney advertising under the California Rules of Professional Conduct. In California, this is paid attorney advertising for McCrary Law Firm, 5701 Lonetree Blvd Suite 115, Rocklin, CA 95765.
Florida
For purposes of the Rules Regulating The Florida Bar, Provider operates a group or pooled advertising program and may be deemed a "qualifying provider" as defined in Rule 4-7.22. Participating Florida lawyers are responsible for ensuring their participation complies with the Rules Regulating The Florida Bar. You are under no obligation to hire any lawyer who contacts you through the Service. Lawyers are included in the Service because they pay an advertising fee, not because of any evaluation of their qualifications or the merits of your matter. Provider is not a lawyer referral service operated by, sponsored by, or approved by The Florida Bar.
Texas
Provider is not a lawyer referral service as regulated by Chapter 952 of the Texas Occupations Code. This Website is attorney advertising. Participating Texas attorneys pay flat advertising fees that are not contingent on outcomes and do not involve any sharing of legal fees. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise.
6. Attorney and Law Firm Listings
The information about the Subscribers in the Service is provided by the Subscribers themselves. Provider does not warrant the validity of the information provided by Subscribers to the Service or the information submitted by or exchanged between Users and Subscribers. Provider does not guarantee, endorse, recommend or vouch for the quality of any Subscriber legal services or expertise. Provider does not review the content of the listings that are provided by the Subscribers or any links to/from the Website. Provider is not responsible for any material or information contained in the linked sites or provided by Subscribers. A description or indication of area of practice by a lawyer does not mean that any agency or board has certified such lawyer as a specialist or expert in any indicated field of law, nor does it mean that such lawyer is necessarily any more expert or competent than any other lawyer. All Users of the Website are encouraged to make their own independent investigation and evaluation of any Subscriber they might consider hiring for professional legal advice or representation. Your use of information on the Website or materials linked from the Website is entirely at your own risk.
7. User Discretion; Choosing a Lawyer
Users have sole discretion whether to contact and/or be contacted by any Subscribers via the Service and nothing in the Service is intended or should be interpreted as directing a User to contact or select a particular attorney or firm. The determination of the need for legal services and the choice of a lawyer or law firm are critically important decisions and should not be based solely upon listings or a Subscriber's self-proclaimed areas of practice. Users are solely responsible for verifying a Subscriber's credentials and qualifications, for determining the necessity and adequacy of a Subscriber's insurance coverage, and for the ultimate selection of any attorney they might make. It is strongly encouraged that Users contact multiple attorneys and/or law firms who are not Subscribers to the Service, to gain a broader understanding of potential legal options, legal costs, and general understanding of available options.
8. Do Not Disclose Confidential Information
While our Website and Service use encrypted communication methods to protect your privacy, because of the nature of the Internet, any and all information provided through this Website and its Service is subject to interception by third parties. You acknowledge that disclosure of electronic communications sent through the Website and its Service may occur. Therefore, you should not disclose any privileged, confidential and/or specific information regarding matters for which you are using the Website or its Service. Specific information to avoid disclosing includes, by way of example only, names of persons, businesses, and specific facts that would readily identify the other parties involved in the legal issue or dispute. Users must describe their issue or dispute in general terms only. Specific information should only be revealed outside the scope of the Service after the User has selected an attorney and been in further contact outside the Website and the Service (e.g. via telephone or in-person appointment).
9. Conflicts of Interest
The avoidance of attorney conflicts of interest is outside the scope of the Service. You and the Subscriber attorneys you contact via the Service are solely responsible for ensuring there are no conflicts of interest in any relationships that are formed after general contact is made via the Service.
10. Settlement Estimates; Use of Artificial Intelligence
By using our Website and/or Service, you acknowledge and agree that settlement estimates are general informational estimates only. An estimate is not legal advice, is not a valuation, appraisal, or prediction of the outcome of any claim, and is not a promise or guarantee that you will recover any amount. No estimates or other information from our Website and/or Service should be interpreted as legal advice, and no attorney-client relationship is formed from usage of our site or communication with attorneys who have contacted you through or from our Service. Our form does not ask every question that may be relevant to your case and settlement amount, and also makes certain assumptions, such as that Users are not at fault in any way for the accident. It does not include calculations or outputs for factors such as attorney's fees, expert witnesses, court costs, and other important factors that can impact your settlement amount, or the actual amount received from your settlement total.
Estimates may be generated in whole or in part using artificial intelligence and machine learning tools. Artificial intelligence can be wrong, can rely on incomplete information, and is not a substitute for the judgment of a licensed attorney who has reviewed the specific facts of your case. The use of machine learning tools does not indicate that estimates generated with those tools are superior to those generated without them, and the overall capabilities of any AI system do not necessarily mean its domain-specific capabilities for settlement calculation are equal in quality or accuracy. We are not affiliated with OpenAI or any other AI vendor, but may from time to time use their tools as a resource. When deciding what course of action to take regarding your case, you agree not to make any decision based solely on information provided by our Service, including information provided to you from our Service via a participating attorney. You should not interpret any attorneys who you are connected with through our Service as being recommended by or endorsed by our Service; our Service does not conduct investigations into the backgrounds of these attorneys or their suitability to handle your case. Always consult a licensed attorney before making decisions about your legal matter.
11. License to Your Submissions; Machine Learning and Deidentified Data
By submitting information or materials through the Website or Service (including form answers, case descriptions, settlement information, and any other content), you grant (or warrant that the owner of such rights has expressly granted) Provider a perpetual, royalty-free, irrevocable, non-exclusive, transferable, sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials, and to incorporate such materials into any form, medium, or technology now known or developed at any time in the future, for the purposes of operating, providing, improving, and marketing the Service and as otherwise described in these Terms and the Privacy Policy.
Without limiting the foregoing, you agree that Provider may: (a) use your submissions to train, test, tune, evaluate, and improve machine learning models, algorithms, and related systems, including the systems that generate settlement estimates and the systems that match Users with attorneys; (b) create deidentified and/or aggregated data from your submissions; and (c) use, disclose, share, license, or sell such deidentified and/or aggregated data for any lawful business purpose, including licensing datasets to third parties such as attorneys, insurers, researchers, and analytics firms, and including use by Provider or third parties to train machine learning models.
When Provider creates deidentified data, Provider removes direct identifiers (such as your name, contact information, and address) and supporting details that could reasonably be used, alone or in combination, to identify you (such as exact dates, precise locations, and unique facts or narrative details), and aggregates values where small groupings could otherwise permit identification. Provider commits that it will maintain and use such data only in deidentified form, will not attempt to reidentify the data, and will contractually require any recipient of the data to commit to the same restrictions, including a prohibition on any attempt at reidentification.
Providing Your Real Settlement Data
Do not provide settlement data if doing so violates a non-disclosure agreement, or any other legally binding agreement. While we will not store any actual settlement data in any personally identifiable way, nor in any way that associates your identity with your actual settlement amount, we still require anyone subject to a legally binding agreement to not share any information that violates, or could potentially violate, the agreement. Anyone who shares settlement data in a way that does, or may, violate a legally binding agreement, agrees to hold us harmless for any consequences, financial or otherwise, that result from this action. You agree we have zero liability in such cases, and may not pursue any actions, legal or otherwise.
12. Limited License; Permitted Uses
You are granted a non-exclusive, non-transferable, limited revocable license (1) to access and use the Website and its Service strictly in accordance with these Terms and Conditions of Use; (2) to use the Website and its Service solely for internal, personal, non-commercial purposes; and (3) to print out discrete information and search results from the Service solely for internal, personal, non-commercial purposes, provided that you maintain all copyright and other notices contained therein. Certain datasets published by Provider may be made available under a separate open data license identified where the dataset is published; that separate license governs those datasets.
13. Restrictions and Prohibitions on Use
Your license to access and use the Website and its Service are subject to the following restrictions and prohibitions on use. You may not (1) copy, print (except for the express limited purpose permitted by Section 12 above), republish, display, transmit, distribute, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Website, Service or any information or materials retrieved therefrom; (2) use the Service or any other materials from the Website to develop, or as a component of, an information storage and retrieval system, database, infobase, or similar information resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (3) create compilations or derivative works of the Service or any other materials from the Website; (4) use the Service or any other materials from the Website in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of Provider or any third parties; (5) remove, change, or obscure any copyright notice or other proprietary notice or terms of use contained in the Website; (6) make any portion of the Website or Service available through any timesharing system, service bureau, the Internet, or any other technology now existing or developed in the future; (7) remove, disable, defeat or change any functionality or appearance of the Website; (8) decompile, disassemble or reverse engineer any Website software or use any network monitoring or discovery software to determine the site architecture; (9) use any automatic or manual process to harvest information from the Website; (10) use the Website or Service for the purpose of gathering information for or transmitting (a) unsolicited commercial email; (b) email that makes use of Provider's name or trademarks, including in connection with invalid or forged headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (c) unsolicited telephone calls or facsimile transmissions; (11) use the Website or Service in a manner that violates any state or federal law regulating commercial email, facsimile transmissions or telephone solicitations; and (12) export or re-export the Website or any portion thereof, or any software available on or through the Website, in violation of the export control laws and regulations of the United States.
14. Policy on Unsolicited Commercial Email
Provider does not authorize the use of the Website or its Service for purpose of gathering information for or transmitting unsolicited commercial email over the Internet to Subscribers or other third parties. Internet email sent to or through Provider's computer systems or to Subscribers or other third parties containing invalid or forged headers, invalid or non-existent domain names or other deceptive addressing is deemed counterfeit; the sending or attempt to send counterfeit email to or through the Provider's computer systems is strictly prohibited. Email that is relayed to or through the Provider's computer systems from a third party's mail servers without permission of such third party, or which employs a similar device to hide the real source of the email is also strictly prohibited. Provider prohibits anyone from sending email to or through its computer systems that violates these Terms and Conditions of Use. Provider prohibits the harvesting of email addresses from the Website for the purpose of sending unsolicited commercial email.
15. Intellectual Property Rights
Except for the limited license contained in Section 12 above, nothing in these Terms and Conditions of Use grants or should be construed to grant any licenses or rights, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that all right, title and interest (including all copyrights, trademarks, service marks, patents and other intellectual property rights) in this Website, its Service and their content and any software used in connection with the Website and the Service are owned by Provider, its licensors, or Subscribers, as applicable. Except as expressly authorized by Provider, you agree not to modify, sell, distribute or create derivative works based on the Website, its Service, or any related software, in whole or part.
16. No Solicitation
You shall not distribute to any persons or entities identified via the Website or its Service any content or material containing solicitations or advertising of any kind without the express prior written permission of the Provider. Attorneys and law firms are prohibited from soliciting employment from prospective clients through the Website or any of its interactive features. In interactive forums made available through this Website if any, you may discuss or recommend third-party Websites, goods or services, so long as you have no financial interest in and receive no direct or indirect benefit from such Websites, products or services, or the recommendation of such. In no event may any person or entity solicit any Subscribers or create a directory of attorneys or law firms through this Website or with data retrieved from this Website.
17. Registration or Submission of Personally Identifiable Information
Certain sections of this Website may require you to register or submit personally identifiable information. If this is requested, you agree to provide Provider with accurate, complete information, using your real name and accurate information. By submitting forms on our Website providing your contact information, you are requesting to be contacted by representatives of this Website and/or an attorney, law firm, or representative of a law firm, via the contact methods provided, such as email and phone number. You understand and agree that you may be contacted using any form of communication, such as a phone call, SMS text, auto-dial, pre-recorded message, and/or email. By submitting your information, you understand and agree that consent is not a condition of purchase and you have read and agree to the Privacy Policy and Terms and Conditions. For those sections of the Website requiring registration, if any, Provider does not permit (a) any other person to use the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing unauthorized use. If you believe there has been unauthorized use, you must notify Provider immediately by contacting the Provider at the address listed in the Privacy Policy.
18. Linking to the Website
You may provide links to this Website, provided (a) you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Website and (b) you discontinue providing links to this Website immediately upon request by Provider.
19. Third-Party Content; Advertisers
Third-party content may appear on this Website or may be accessible via links from this Website. Provider shall not be responsible for and assumes no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third-party content appearing on the Website. You understand that the information and opinions in the third-party content represent solely the thoughts of the author and is neither endorsed by nor does it reflect the belief of Provider. You agree to abide by any terms, conditions and intellectual property rights of such third parties. This Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website is accurate and complies with applicable laws. Provider will not be responsible for the illegality of or any error or inaccuracy in any advertiser's or sponsor's materials.
20. Digital Millennium Copyright Act
Provider has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the "Act") and avails itself of the protections under the Act. Provider reserves the right to remove any content or links that allegedly infringe another person's copyright. Provider will terminate, in appropriate circumstances, any Subscriber or User accounts that might exist with respect to Provider's system or network who are repeat offenders of another's copyright. Notices to Provider regarding any alleged copyright infringement should be directed to the contact information listed in this Website's Privacy Policy.
21. Representations and Warranties
You represent and warrant that (i) you will provide true, accurate and complete information as may be requested or required to use the Service; (ii) you will not permit third parties to use your email address, or use third parties' email addresses, in connection with your use of the Service; (iii) you will not use the Service in any manner or for any purpose that violates any local, state, national, or international laws or regulations, or that infringes the intellectual property or privacy rights of others and (iv) you will not use the Service to transmit unsolicited commercial email or any information or materials that are unlawful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise similarly objectionable as determined by Provider in its sole discretion.
22. Errors, Corrections and Additions
Provider does not represent or warrant that the Website or its Services will be error-free, free of viruses or other harmful components, or that defects will be corrected. Provider does not warrant or represent that the information available on or through the Website will be correct, accurate, timely, or otherwise reliable. Provider may make improvements and/or changes to its features, functionality or content of the Website at any time and may add additional services to the Website. All additional services shall be covered by these Terms and Conditions of Use as part of this Website.
23. Disclaimer of Warranties
THE WEBSITE AND ITS SERVICE IS PROVIDED ON AN "AS IS" BASIS. PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT REGARDING THE WEBSITE, ITS SERVICE AND THEIR CONTENT. PROVIDER DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS WEBSITE, ITS SERVICE AND THEIR CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEBSITE OR ANY THIRD PARTY COMMUNICATION DIRECTED TO YOU FROM ANY THIRD PARTY DIRECTLY OR INDIRECTLY IN CONNECTION WITH THIS WEBSITE OR ITS SERVICE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THIS WEBSITE OR ANY PORTION THEREOF, (D) YOUR USE OF THIS WEBSITE OR ITS SERVICE, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEBSITE.
24. Limitation of Liability and Damages
PROVIDER SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM THE WEBSITE OR ITS SERVICE, FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE OR ITS SERVICE OR FROM THESE TERMS AND CONDITIONS OF USE. PROVIDER SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH (A) THE USE OF OR INABILITY TO USE THE WEBSITE, ITS CONTENT, OR ITS SERVICE AND (B) YOUR PARTICIPATION IN INTERACTIVE AREAS OF THE WEBSITE INCLUDING BUT NOT LIMITED TO BLOGS, CHAT ROOMS, MESSAGE BOARDS OR EMAIL FORUMS AND (C) THESE TERMS AND CONDITIONS OF USE. TO THE EXTENT THIS LIMITATION ON LIABILITY IS PROHIBITED, PROVIDER'S SOLE OBLIGATION TO YOU OR ANY THIRD PARTIES FOR ANY AND ALL CLAIMS OR DAMAGES SHALL BE LIMITED TO $1.00 (USD). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
25. Waiver and Release
You hereby waive, release, acquit and forever discharge any and all claims, demands, losses, injuries, liability, or damages of any kind and nature, against Provider, its parents, subsidiaries, affiliates, and its and their directors, officers, employees and agents, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with your use of the Service, any disclosure of information resulting from your use of the Service, and any conflict of interest, ethical violation, or any alleged legal malpractice by any attorney you contact through the Service.
26. Indemnification
You are solely liable for any content, messages or other information you transmit, provide or upload to the Website. You agree to indemnify and hold Provider, its parents, subsidiaries, affiliates, officers, employees and agents, harmless from any claims, demands, actions, and judgments, including reasonable attorneys' fees and costs, made by any third party, including a Subscriber, relating to or arising out of: (i) your use of the Website or its Service; (ii) any interaction or transaction between you and a Subscriber; (iii) your breach of these Terms and Conditions of Use; (iv) your violation of any rights of a third party.
27. Dispute Resolution: Binding Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.
Informal Resolution First
Before filing an arbitration demand, you and Provider agree to first try to resolve any dispute informally. The party raising the dispute must send the other a written notice describing the dispute and the relief requested (for you, by email to the address listed in the Privacy Policy or by mail to the address listed there; for Provider, to your provided contact information). The parties agree to negotiate in good faith for at least 60 days from receipt of the notice before commencing arbitration. This informal resolution requirement is a condition precedent to commencing arbitration, and any applicable statute of limitations is tolled during the 60-day period.
Agreement to Arbitrate
Except for the matters excluded below, you and Provider agree that any dispute, claim, or controversy arising out of or relating to the Website, the Service, these Terms, the Privacy Policy, or communications you receive as a result of using the Service (including claims under the Telephone Consumer Protection Act) shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement. The arbitrator, and not any court, shall have exclusive authority to resolve all disputes about the interpretation, applicability, enforceability, or formation of this arbitration agreement, except that a court shall decide any dispute about the enforceability of the class action waiver below. Arbitration will be conducted by a single arbitrator, may proceed by telephone, video conference, or written submissions where permitted by the AAA rules, and any in-person hearing will be held in the county where you reside or another mutually agreed location. Payment of filing, administration, and arbitrator fees will be governed by the AAA rules; Provider will pay those fees where the AAA rules or applicable law require it to. The arbitrator may award the same individual relief that a court could award, and judgment on the award may be entered in any court having jurisdiction.
Exceptions
Either party may (a) bring an individual claim in small claims court in a court of competent jurisdiction, so long as the claim remains in small claims court and is not removed or appealed to a court of general jurisdiction; and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of intellectual property rights or the misuse of the Service.
Class Action and Jury Trial Waiver
YOU AND PROVIDER EACH AGREE THAT ANY PROCEEDING, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION, AND EACH PARTY WAIVES ANY RIGHT TO A TRIAL BY JURY. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding. If the class action waiver in this paragraph is found unenforceable as to a particular claim, then that claim (and only that claim) shall proceed in court rather than in arbitration, and the remainder of this Section shall continue to apply.
Coordinated Filings
If 25 or more arbitration demands of a substantially similar nature are filed against Provider by the same or coordinated counsel or entities, the parties agree that the demands shall be resolved in staged proceedings: 10 demands per side shall be selected to proceed first as bellwether arbitrations, and the remaining demands shall be held in abeyance (with filing fees deferred and statutes of limitations tolled) pending resolution of the bellwether proceedings, after which the parties shall engage in a global mediation before further demands proceed.
30-Day Right to Opt Out
You may opt out of this arbitration agreement and class action waiver by sending written notice to the email or mailing address listed in the Privacy Policy within 30 days of the date you first use the Service or first submit information through it, whichever is earlier. Your notice must include your name, the email address and phone number you provided to the Service, and a clear statement that you wish to opt out of arbitration. If you opt out, or to the extent this Section is found not to apply, disputes will be resolved exclusively in the courts described in Section 28.
28. Governing Law, Jurisdiction and Non-Waiver
These Terms and Conditions of Use are governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of laws principles, except that the Federal Arbitration Act governs Section 27. Subject to Section 27, any action arising out of or relating to these Terms shall be filed only in state or federal courts located in Sheridan County, Wyoming, or the correct legal jurisdiction within Wyoming State, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action. The failure of either party to enforce any rights hereunder shall not constitute a waiver of any terms or conditions of these Terms and Conditions of Use.
29. Termination; Remedies; Unlawful Activity
Provider may terminate your use of the Website or its Service immediately at any time and without notice if you breach any provisions of these Terms and Conditions of Use, misuse the Website or its Service in any way, or use the Website or its Service in any way that interferes or interrupts the proper use of the Website or its Service by others. Provider may also terminate your use of the Website or its Service at Provider's sole discretion for any reason, valid or invalid, and at any time. Misuse of the Service may cause irreparable harm to Provider, for which monetary damages will not be a sufficient remedy. As a result, in addition to any other remedies, Provider will be entitled to injunctive relief to prevent misuse of the Service. Provider reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions of Use, including but not limited to the right to block access from a particular Internet address to any of the Provider's Websites and their features. Provider reserves the right to investigate complaints or reported violations of these Terms and Conditions of Use and to take any action we deem appropriate, including but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
30. Privacy
Your use of the Website is also subject to Provider's Privacy Policy, which you can read here: Privacy Policy. The Privacy Policy describes what personal information we collect, how we use it, with whom we share or sell it, and the choices and rights available to you, including the right to opt out of the sale or sharing of your personal information via our Do Not Sell or Share My Personal Information page.
31. Modifications to These Terms
Provider reserves the right to change these Terms and Conditions of Use at any time. When we make changes, we will post the updated version on this Website and update the "Last updated" date at the top of this page. For material changes, we will provide reasonable notice, such as a notice on this Website. Changes are effective when posted, or on the effective date stated in the notice for material changes. You are responsible for reviewing the Terms and Conditions of Use, and your continued use of the Website after any such changes constitutes your consent to such changes. Changes to Section 27 (arbitration) will not apply to disputes that arose before the change was posted.
32. Miscellaneous
These Terms and Conditions of Use incorporate by reference all notices and disclaimers contained on the Website and constitute the entire agreement between you and Provider with respect to access to and use of the Website. If any provision of these Terms and Conditions of Use is found unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability. These Terms and Conditions of Use are not assignable or transferable and may not be sublicensed by you without Provider's prior written consent. Provider may assign this Agreement in whole or in part. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and Conditions of Use. Translations of these Terms, the Privacy Policy, or any Website content may be provided for convenience; in the event of any conflict, the English-language version controls.
33. State-Specific Attorney Advertising Disclosures
Certain states and jurisdictions have special rules relating to legal services and attorney advertising. You should contact your state or local jurisdiction for more information. While not intending to be exhaustive, please note the following additional state-specific attorney advertising disclosures if you live in the following states:
Alabama: No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.
California: This Website is group attorney advertising. Provider is not a lawyer referral service certified by the State Bar of California. In California, this is paid attorney advertising for McCrary Law Firm, Rocklin, CA. See Section 5 above.
Colorado: No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. Colorado does not certify lawyers as specialists in any field.
Florida: Provider operates a group or pooled advertising program and may be deemed a "qualifying provider" as defined in Rule 4-7.22 of the Rules Regulating The Florida Bar. Participating lawyers pay an advertising fee. You are under no obligation to hire any lawyer who contacts you. Provider is not a lawyer referral service operated by, sponsored by, or approved by The Florida Bar. See Section 5 above.
Iowa: No representation is made regarding the quality of legal services that have been or will be performed.
Minnesota: Past results afford no guarantee of future results; each matter is different and must be judged on its own merits.
Missouri: The choice of a lawyer is an important decision and should not be based solely upon advertisements.
Nebraska: No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. Past results afford no guarantee of future results; each matter is different and must be judged on its own merits.
New Mexico: Past successes cannot be an assurance of future success because each matter must be decided on its own merits.
New York: Prior results do not guarantee a similar outcome. The lawyer services offered are not making a recommendation as to any lawyer or law firm and do not vet the qualifications of such lawyers and law firms. Being included on the list of participating lawyers requires only a payment and the selection of a participating lawyer from that list is the result of a neutral process that involves no evaluative judgment. When a lawyer is included from that list, it does not mean that lawyer is the "best" or "right" lawyer for your needs or that the lawyer is otherwise preferred over other lawyers. Lawyers or law firms willing to contact you with your permission as a part of our lawyer services pay an additional fee that is separate from the fee they pay for inclusion in our searchable directory of lawyers and law firms. Lawyers or law firms that do not pay this additional fee are not included in this service.
South Dakota: No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. Past successes cannot be an assurance of future success because each matter must be decided on its own merits. Any customer review on this web-site does not constitute a guaranty, warranty, or prediction regarding the outcome of your legal matter.
Texas: This Website is attorney advertising. Provider is not a lawyer referral service. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. See Section 5 above.
Utah: No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. Past successes cannot be an assurance of future success because each matter must be decided on its own merits.
Wyoming: No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. Past results afford no guarantee of future results; each matter is different and must be judged on its own merits. The Wyoming State Bar does not certify any lawyer as a specialist or expert. Anyone considering a lawyer should independently investigate the lawyer's credentials and ability, and not rely upon advertisements or self-proclaimed expertise.
34. Notice to California Residents
Under California Civil Code Section 1789.3, California residents are entitled to the following consumer rights notice: this Website and Service are provided by the Provider identified in the Privacy Policy. If you have a question or complaint regarding the Website or Service, please contact us using the methods listed in the Privacy Policy. California residents may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.