TERMS OF SERVICE
Scope of Terms
Welcome to YDInjuryLaw.com (the “Website”), and the services of YD INJURY LAW available at the Website. The Website and services and products offered are intended for the general public, with access to the YDInjuryLaw.com domain including, but not limited to, articles, reference and communication tools, message boards and search services (the “Service”). The Service is owned and operated by YD Injury Law APC When we refer to “us,” “our,” “we” and words of similar import, we mean YD Injury Law APC Reference to “Website” means our internet website, www.guldjianlaw.com. Reference to “YDInjuryLaw” means the Website and the Service, or either of them as the context implies.
Access to non-public areas of the Service are provided in accordance with the following terms (“Terms”). By using YDInjuryLaw, you electronically agree to be legally bound by the Terms, which govern your use of GuldjianLaw. If you do not agree to all of these Terms, please immediately discontinue any further use of GuldjianLaw. Your failure to follow the Terms may result in suspension or termination of your access to YDInjuryLaw.
We may change these Terms at any time. The most current version will be available by clicking on a link at the bottom of the first page on our Website. Continued access to YDInjuryLaw by you will constitute your acceptance of any changes or revisions to the Terms.
Your right to use YDInjuryLaw is personal to you. You may not sub-license, transfer, sell or assign your right to access or use YDInjuryLaw to any third party without prior our written approval. Any attempt to do so will be null and void and shall be considered a material breach of the Terms.
You will be solely responsible for maintaining the confidentiality of your password. You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your ID and password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your ID, password or any credit, debit or charge card number stored on the Website), you must promptly change your password and notify us by contacting us my email at the following address: [email protected]
General Usage Rules
You agree not to disrupt, modify or interfere with YDInjuryLaw, or its associated software, hardware, and/or servers in any way, and you agree not to impede or interfere with others’ use of the Website. You further agree not to alter or tamper with any information or materials on or associated with YDInjuryLaw.
Other than connecting to service provider’s servers by http requests using a web browser, you may not attempt to gain access to our service provider’s servers by any means.
You acknowledge and agree that YDInjuryLaw and the information, content and software presented to you through or by YDInjuryLaw or used in connection with YDInjuryLaw contain proprietary and confidential information that is protected under U.S. and international intellectual property laws, including those pertaining to the protection of copyrights, trademarks, service marks, and patents, and security components that protect digital information. Except as expressly authorized by us, you agree not to sell, rewrite, modify, redistribute, create derivative works, or rent any part of YDInjuryLaw or any information presented to you through YDInjuryLaw, in whole or in part.
You may look at YDInjuryLaw online, download individual articles to your personal or handheld computer for later reading, and even print a copy of an article for yourself. You may not remove any copyright notices from our materials. We reserve all of our other rights not granted in these Terms. You agree not to access YDInjuryLaw by any means other than through the interface that is provided by us for use in accessing YDInjuryLaw.
We grant you a personal, non-exclusive, non-transferable, limited and revocable license to use YDInjuryLaw subject to the Terms. You may not use YDInjuryLaw in a manner that exceeds the rights granted for your use of YDInjuryLaw, which includes unauthorized copying or distribution of any of the content displayed or used in YDInjuryLaw or creating an unauthorized derivative work.
Information Provided by You
Restrictions Applicable to Use
In connection with your use of YDInjuryLaw, you may not post, email, transmit or otherwise distribute: (a) Information infringing on intellectual property or privacy rights of others; Information that is unlawful, harmful, obscene, defamatory, harassing, abusive, or slanderous in our sole opinion; (b) Information that harm minors in any way; advertisements or other commercial messages; (c) viruses or other harmful computer code designed to interrupt, destroy or limit the use of any computer software or hardware, or (d) confidential information belonging to any other person. In addition, you may not engage in any conduct to: (a) collect information about others; (b) interfere with GuldjianLaw or the servers or other technology hardware used by GuldjianLaw; (c) inhibit others from using YDInjuryLaw, or (e) allow any other person or entity to use your password or other identification; or (f) violate any law or regulation.
Disclaimers of Warranties.
WE PROVIDE YDInjuryLaw “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS WARRANTIES OR GUARANTEES ABOUT YDInjuryLaw. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES THAT YDInjuryLaw IS MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF YDInjuryLaw, INCLUDING ANY INFORMATION OR CONTENT OBTAINED AS A RESULT OF USING YDInjuryLaw, WILL BE EFFECTIVE, RELIABLE, ACCURATE, OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE YDInjuryLaw (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OUR REPRESENTATIVES SHALL CREATE A WARRANTY. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS CONTRACT CANNOT CHANGE. YOU USE YDInjuryLaw AT YOUR OWN RISK.
WE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SERVICE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE OR OUR SERVICE PROVIDERS KNEW OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE SERVICE PROVIDERS’ LIABILITY IN SUCH STATE OR JURISDICTION IS LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to defend, indemnify, and hold us, our officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and related fees and expenses, resulting from, or alleged to result from, your violation of these Terms.
Notice and Take Down Procedures and Copyright Agent
If you believe any materials accessible on or from YDInjuryLaw infringe your copyright, trademark or other legal rights, you may request removal of those materials (or access thereto) from YDInjuryLaw by contacting us at [email protected]
Termination and Modification
You agree that we may without prior notice, discontinue, temporarily or permanently, YDInjuryLaw (or any part thereof) or eliminate your account, any associated email address, and remove any information you uploaded or provided to YDInjuryLaw with or without notice. Cause for termination shall include, but not be limited to, (a) violations of these Terms or your Subscription Agreement, (b) requests by law enforcement or other government agencies, (c) a request by you (d) discontinuance or material modification to YDInjuryLaw, or (e) unexpected technical or security issues or problems.
The Terms and any Subscriber Agreement, and the policies, rules and guidelines posted on the Website constitute the entire contract between you and us and supersede all previous written or oral contracts. If any part of the Terms 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.
Choice of Law and Place for Resolving Disputes
The law of the State of governs this contract and any claim or dispute that you may have against us, without regard to its conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us will be exclusively resolved by a court located in San Diego County California. You irrevocably consent to the venue and jurisdiction of such courts.
BY AGREEING TO THIS AGREEMENT, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE AND FEDERAL COURTS IN THE STATE OF OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS
We may assign this contract at any time without notice to you. You may not assign this contract to anyone else.
Execution of Agreement
Your continued use of YDInjuryLaw constitutes your acceptance of these Terms as a legal contract and the equivalent of an electronic signature. Natural persons executing this contract warrant and represent that they are at least eighteen (18) years of age. Users and the person executing this Agreement on behalf of any user that is a proprietorship, corporation, partnership or other entity, represent that such Person is duly authorized by pall necessary and appropriate corporate or other action to execute this contract on behalf of the user.
Information We Collect
We collect personal and non-personal information when you provide it to us in the course of using our Website. The personal information that we may collect includes your name, mailing address, phone number, email address, credit card number, and financial information. The non-personal information that we may collect includes your browser type, the URL of the previous website you visited, your ISP, operating system, and your Internet protocol (IP) Address. The non-personal information is not used by us to personally identify you and is not readily usable for that purpose.
When you subscribe to our service or otherwise make a purchase through our Website we will collect your name, mailing address, telephone number, credit card number, email address, and other information that we request during the registration process.
In addition, if you communicate with us regarding the Website or any of our services or products we collect any information that you provide to us during the course of our communication.
We may use analytic and reporting technologies to record non-personal information such as Internet domain and host names, Internet protocol (IP) addresses, browser software, operating system types, click patterns, and the dates and times that the Website and our services are accessed by you. We may in contract with a third party to help us manage, monitor and optimize our Website and measure the effectiveness of our advertising, communications, and use of the Website. We may use web beacons and cookies (described below) for this purpose.
Our Use of Information for Internal Purpose
We use your personal information primarily for our own internal purposes, such as providing, maintaining, evaluating, and improving our Website and the products and services we offer and sell, to collect credit card payments for subscription fees and other purchases you make, and to provide customer support.
We use the non-personal information we collect to track the use of the Website and to assist us in providing, maintaining, evaluating, and improving our Website and the services and products we offer and sell.
Our Disclosure of Personal Information to Third Parties
We will disclose your personal information to protect or enforce our legal rights and policies, to protect or enforce the legal rights of a third party, or as we in good faith believe we are required to do so by law (such as to comply with a subpoena or court order, for example).
We may contract with various third parties who help us provide, maintain and improve the Website and the services we provide and the services and products we offer and sell and such third parties may have access to your personal information in order to perform their services. For example, we use a third party to process payments made to us, and may subcontract out production, fulfillment, analytics, reporting or other operations. We may contract with third party contractors to help us manage, monitor and optimize our Website and the services and products we offer and sell. We may also use third party contractors to help us measure the effectiveness of our advertising, and communications. We will enter into confidentiality and non-disclosure agreements with all third parties that have access to your personal information which will prohibit them from using or disclosing your personal information except for the purpose of providing services to use. We intend to take commercially reasonable steps to enforce such non-disclosure and confidentiality agreements if and when we become aware of any violations.
We require that all persons that access our non-public areas register and provide the following information:
Our Disclosure of Non-Personal Information to Third Parties
We may disclose non-personal Information, in aggregate form, to potential strategic partners, advertisers, investors, customers, and others. You may not opt-out of the sharing of this information.
A web beacon is an often-transparent graphic image, usually no larger than a 1×1 pixel that is placed on a web page or in an e-mail that is used to monitor the behavior of the user visiting the Website or receiving the e-mail.
Cookies and web beacons used by us will not be linked to your personal information.
How We Protect Your Personal Information.
We consider protecting the security of your personal information as very important. When you enter sensitive information such as a credit card number and/or social security number on our registration or order forms, we encrypt that information using secure socket layer technology (sometimes referred to as “SSL”).
We follow generally accepted industry standards to protect personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we do not guarantee absolute security. We are not responsible for the unauthorized acts of others and we assume no liability for any disclosure of information due to errors in transmission, unauthorized third party access (such as through hacking) or other acts of third parties, or acts or omissions beyond our reasonable control.
Reviewing and Changing Your Personal Information.
You may obtain a copy of and request that we correct errors in your personal information by emailing us at [email protected] If you do desire to obtain a copy of your personal information, you will be required to provide proof of your identity. If your personal information changes or if you no longer want to subscribe to or use the Website, you may correct, update or deactivate your personal information and your account through the account management screen. If you wish to deactivate or terminate your subscription you may also contact Customer Service.
Our Website and the services and products we offer and sell are intended for college and university students and faculty members. Therefore, it is unlikely that children under the age of 17 will use the Website or purchase the services or products we offer. Accordingly, we will not knowingly collect or use any personal information from children that we know to be under the age of 17. In addition, we will delete any information in our database that we know originates from a child under the age of 17.
If you are between the ages of 13 and 17, you, your parent, or your legal guardian may request that we deactivate any of your personal information in our database and/or opt-out from receiving communications from us. If you wish to do so, please contact us at [email protected]
Opting-Out From Receiving Communications From YDInjuryLaw.com.
You may opt-out from having your personal information used for certain purposes. For example, if you purchase a product or service but do not wish to receive any additional marketing material from us, you may indicate your preference on our order form.
If you no longer wish to receive any promotional or other communications from us, you may opt-out by following the instructions included in each email communication or by emailing us at [email protected] We also offer you an opportunity to opt-out of certain communications through the account management screen. If you need assistance you may contact us at [email protected]