Terms of Use

1. Acceptance of Terms

These Terms of Use (the “Agreement”) apply to this website and other sites or applications that are under our control if we post the Agreement to the site or application (collectively, “Sites”). The Agreement is a legally binding contract between The Investigation Firm LLP (“we” “our” or “us”) and any person who elects to use the Sites (“you” or “your”). By using the Sites, you agree to be bound by all of the terms and conditions of this Agreement as such terms and conditions may be modified by us from time-to-time. If you do not agree to all of the terms and conditions of the Agreement, do not use the Sites.

Under Paragraph 4 below, any disputes or claims related to this Agreement will be resolved by arbitration to the extent permitted by law. The Agreement contains a waiver of any rights to sue in court, including through a class action. You may opt-out of these provisions by following the instructions in Paragraph 4.

All information provided and collected through the Sites is subject to our Privacy Policy, which is hereby incorporated into and made part of this Agreement.

3. DISCLAIMER REGARDING LEGAL SERVICES

The Content is provided for informational purposes and is not, and should not be relied upon for, legal advice. Your use of the Sites does not create an attorney-client relationship between us and you. An attorney-client relationship will not be formed unless and until we enter into a separate written engagement letter agreement with you. Your communications with us through the Sites, email or otherwise prior to entering into an engagement agreement with us does not create an attorney-client relationship, will not preclude us from representing any other person or entity in any matter, and will not require us to keep the information you provide confidential. Unless you have entered into a separate written engagement letter agreement with us, do not send us confidential or sensitive information.

4. ARBITRATION AND DISPUTES

Any dispute, claim, or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by individual arbitration in Boston, Massachusetts before a single neutral arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Any appeal shall be heard and decided by a panel of three neutral arbitrators. All arbitrators shall be retired judges or justices of any California state or federal court, and shall in their substantive rulings (as opposed to procedural or discovery-related rulings that are otherwise governed by the JAMS Comprehensive Arbitration Rules and Procedures), apply the laws of the California without giving effect to any choice or conflict of law provision or rules that would cause the application of the laws of any jurisdiction other than California. The award of the arbitrator(s) shall be binding and final on all parties. The arbitrator(s) shall award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. If the arbitrator(s) determine a party to be the prevailing party under circumstances where the prevailing party won on some but not all of the claims and counterclaims, the arbitrator(s) may award the prevailing party an appropriate percentage of the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. Judgment on the award rendered may be entered in any court having jurisdiction. The arbitrators may not award any punitive, incidental, indirect, special, or consequential damages, including, but not limited to, damages for lost profits.

Any dispute resolution proceeding arising out of or relating to this Agreement, including without limitation arbitration, will be conducted only on an individual basis and not in a class or representative action on behalf of others. There is no right for any dispute hereunder to be brought or heard as a class arbitration, class action, or private attorney general action or for the consolidation of arbitrations.

For any matters which are not subject to arbitration as set forth in this Agreement, you hereby expressly consent to exclusive jurisdiction and venue in the courts located in San Diego, California, which shall apply the laws of California without giving effect to any choice or conflict of law provision or rules that would cause the application of the laws of any jurisdiction other than California.

To the extent permitted by applicable law, any claims asserted by you in connection with the System and Content must be asserted in writing to us within one (1) year of the date such claim first arose, or such claim is forever waived by you.

You may opt-out of and not be bound by the arbitration and class action waivers set forth above by sending written notice via email to Shauna.Amon@TIFlaw.com within 30 days of the date you first access the Sites. If you timely opt-out, we will also not be bound by these provisions. If you do not timely opt-out, these provisions will apply to you and us.

5. Limitation of Liability

THE INVESTIGATION FIRM LLP SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIALS ON THIS WEBSITE, EVEN IF WE ARE NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR AFFILIATES OR OUR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES (OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS) SHALL BE LIABLE IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR ATTEMPTED USE OR INABILITY TO USE THE SYSTEM OR CONTENT, INCLUDING WITHOUT LIMITATION LOST REVENUE, LOST OR STOLEN DATA, LOST OPPORTUNITIES, DAMAGED DEVICES OR OTHER INTANGIBLES, EVEN IF WE OR YOU HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON OR IF WE ARE OTHERWISE FOUND TO BE LIABLE TO YOU IN ANY MANNER, THEN YOU AGREE THAT OUR TOTAL LIABILITY TO YOU FOR DAMAGES, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, TO ACCESS THE SYSTEM AND CONTENT, IN THE AGGREGATE FOR ALL CLAIMS. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.