Terms of Service
Please read this Terms of Service (“Terms,” “Terms of Service”) carefully before using the https://www.joinclassactions.com website (the “Website”) operated by Siri & Glimstad LLP, a(n) Limited Liability Limited Partnership formed in New York, United States (“us,” “we,” “SG,” “our”) as this Terms of Service contains important information regarding limitations of our liability. Your access to and use of this Website is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including but not limited to visitors, users and others, who wish to access and use the Website.
By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have our permission to access or use the Website.
PLEASE READ THE FOLLOWING CAREFULLY BECAUSE THESE TERMS AFFECT YOUR LEGAL RIGHTS.
IMPORTANT NOTICE – ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: BY AGREEING TO BE BOUND BY THESE TERMS, YOU AGREE THAT ALL DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING ARBITRATION. BOTH PARTIES AGREEING TO ARBITRATION MEANS THAT BOTH PARTIES ARE GIVING UP THE RIGHT TO GO TO COURT AND THE RIGHT TO A TRIAL BY JURY, AND INSTEAD, DISPUTES WILL BE DECIDED BY A NEUTRAL ARBITRATOR. YOU ALSO AGREE THAT ALL DISPUTES BETWEEN US, WHETHER IN COURT OR IN ARBITRATION, WILL BE BROUGHT ONLY ON AN INDIVIDUAL BASIS AND YOU ARE WAIVING YOUR RIGHT TO BRING OR PARTICIPATE IN A CLASS ARBITRATION OR CLASS ACTION. PLEASE SEE BELOW FOR FURTHER DETAILS.
Our Offers and Pricing
We offer services on this Website. The price of these services is customized based on your needs, which means that we will provide you with a quote after we determine your needs. This price does not include taxes or other fees that you may be charged.
NO WARRANTY ON PURCHASES
UNLESS OTHERWISE PROHIBITED BY RELEVANT LAW OR ATTORNEY ETHICS OBLIGATION: The items or services displayed or sold on this Website are provided “as is,” No warranty, express or implied (including any implied warranty of merchantability, of satisfactory quality or fitness for a particular purpose or use) shall apply to any items or services displayed or sold on this Website, whether arising by law, course of dealing, course of performance, usage of trade or otherwise.
Prohibited Uses
You agree that you will use this Website in accordance with all applicable laws, rules, regulations and these Terms at all times. The following is a non-exhaustive list of prohibited uses of this Website. You agree that you will not perform any of the following prohibited uses:
- Impersonating or attempting to impersonate Siri & Glimstad LLP or its employees, representatives, subsidiaries or divisions;
- Misrepresenting your identity or affiliation with any person or entity;
- Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail or any similar material;
- Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Website, or which, as determined in our sole discretion, may harm us or the users of this Website or expose us or other users to liability;
- Using the Website in any manner that could disable, overburden, damage or impair the Website or interfere with another party’s use of the Website;
- Using any robot, spider or other similar automatic technology, process or means to access or use the Website for any purpose, including monitoring or copying any of the material on this Website;
- Using any manual process or means to monitor or copy any of the material on this Website or for any other unauthorized purpose;
- Using any device, software, means or routine that interferes with the proper working of the Website, including but not limited to viruses, trojan horses, worms, logic bombs or other such materials;
- Attempting to gain unauthorized access to, interfering with, damaging or disrupting any parts of the Website, the server(s) on which the Website is stored, or any server, computer or database connected to the Website;
- Attempting to attack or attacking the Website via a denial-of-service attack or a distributed denial-of-service attack;
- Otherwise attempting to interfere with the proper working of the Website;
- Using the Website in any way that violates any applicable federal, state or local laws, rules or regulations.
NO WARRANTY ON WEBSITE
This Website is provided “as is,” No warranty, express or implied (including any implied warranty of merchantability, of satisfactory quality or fitness for a particular purpose or use) shall apply to this Website, whether arising by law, course of dealing, course of performance, usage of trade or otherwise.
Availability, Errors and Inaccuracies
We assume no liability for the availability, errors or inaccuracies of the information, products or services provided on this Website. We may experience delays in updating information on this Website and in our advertising on other websites. The information, products and services found on the Website may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on our Website. The inclusion or offering of any product or service on this Website does not constitute an endorsement or recommendation of such product or service by us.
DAMAGES AND LIMITATION OF LIABILITY
UNLESS OTHERWISE PROHIBITED BY RELEVANT LAW OR ATTORNEY ETHICS OBLIGATION: IN NO EVENT WILL SIRI & GLIMSTAD LLP, ITS OFFICERS, PARTNERS, ASSOCIATES, EMPLOYEES, REPRESENTATIVES, AGENTS, OR AFFILIATES BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS ARISING FROM OR RELATING TO THE NOTICES, AGREEMENT, OR POLICY, OR THE USE OF THE WEBSITES, INCLUDING THOSE ARISING FROM OR RELATING TO CONTENT MADE AVAILABLE ON THE WEBSITES THAT IS ALLEGED TO BE DEFAMATORY, OFFENSIVE, OR ILLEGAL. ACCESS TO, AND USE OF, THE WEBSITES IS AT YOUR OWN RISK, AND YOU ARE EXCLUSIVELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, NETWORK, OR COMPUTER SYSTEM, OR RESULTING LOSS OF DATA. IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE SG ENTITIES EXCEED THE GREATER OF ONE THOUSAND U.S. DOLLARS ($1,000) FOR ANY DAMAGES OR INJURY ARISING FROM OR RELATING TO THE NOTICES, AGREEMENT, OR POLICY, OR THE USE OF THE WEBSITES. THE LIMITATIONS OF THIS SECTION WILL APPLY TO ANY THEORY OF LIABILITY, INCLUDING THOSE BASED ON WARRANTY, CONTRACT, STATUTE, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF ANY REMEDY SET FORTH IN THESE TERMS IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. NOTHING HEREIN SHALL EFFECT ANY CLAIMS THAT ARISE EXCLUSIVELY FROM OUR LEGAL REPRESENTATION OF YOU THAT RESULTED FROM A WRITTEN AGREEMENT REFLECTING AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN YOU AND US.
Links to Third Party Websites
This Website may contain hyperlinks to websites operated by third parties and not by us. We provide such hyperlinks for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is your responsibility to take precautions to ensure that whatever links you click on or software that you download, whether from this Website or other websites or applications, is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
Intellectual Property and DMCA Notice and Procedure for Intellectual Property Infringement Claims
All contents of this Website are ©2017 – 2024 Siri & Glimstad LLP or third parties. All rights reserved. Unless specified otherwise, this Website and all content and other materials on this Website including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files and arrangement thereof (collectively, “Content”) are the proprietary property of Siri & Glimstad LLP and are either registered trademarks, trademarks or otherwise protected intellectual property of Siri & Glimstad LLP or third parties in the United States and/or other countries.
If you are aware of a potential infringement of our intellectual property, please contact Brad Linberg at requests@sirillp.com.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright, trademark or other intellectual property rights of any person or entity.
If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement titled “Infringement of Intellectual Property Rights – DMCA.” Your notice to us must include the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest;
- A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;
- Your name, email, address and telephone number; and
- A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent or the law.
Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorneys’ fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the Content on this Website.
You may submit your claim to us by contacting us at:
Siri & Glimstad LLP
Brad Linberg
requests@sirillp.com
929-564-5875
745 Fifth Ave
Suite 500
New York, NY 10151
United States
DISPUTE RESOLUTION, ARBITRATION AGREEMENT, AND CLASS ACTION WAIVER:
To the extent that You or we have any controversies, disputes or claims against one another (collectively “issues”), the parties will first attempt to resolve the issues informally, and if informal resolution is not possible then only through binding individual arbitration. As such, You and we agree that any and all issues arising out of or related to the website, your use thereof, or arising out of or related to the End User License Agreement, Disclaimer, or Privacy Policy, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory (the “Covered Claims”), shall be resolved only through the means set forth in this section.
Prior to initiating arbitration or other proceedings, both You and we agree that each will provide written notice of all potential Covered Claims to the opposing party setting forth: (1) all the specific factual and legal basis for the claim; (2) contact information for the potential claimant and their counsel, if any; and (3) the specific remedies sought, including the amount of claimed monetary damages (the “Notice”). Such written Notice shall be provided on an individualized basis, with a separate Notice being sent for each claimant with a handwritten signature. To provide notice to us, You must send the Notice to privacy@sirillp.com and mail a hard copy of the Notice to our New York office at Siri & Glimstad LLP, 745 Fifth Ave., Suite 500, New York, NY 10151. Following receipt of the Notice by the opposing party, the parties agree to make a good faith effort for at least 60 days to resolve the Covered Claims before resorting to more formal means of resolution, including, without limitation, arbitration. All limitation periods, along with any filing fees or other deadlines, shall be stayed during this period of informal dispute resolution.
You and we further agree that, if informal resolution is not reached within the time specified above, then any and all Covered Claims shall be resolved only through binding individual arbitration proceedings. The aforementioned informal dispute resolution process is a prerequisite and condition precedent to commencing any arbitration or other formal dispute resolution proceeding. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedure, which can be found at www.jamsadr.com. The parties further agree that the determination of the scope, enforceability, or applicability of this Arbitration agreement, including, but not limited to any claim that all or any part thereof of this Arbitration agreement is void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment of administrative or arbitrator fees (including the timing of such payments and remedies for nonpayment) will be resolved exclusively by final and binding arbitration in accordance with this Arbitration Agreement. Any conflict between the JAMS rules and this Agreement shall be resolved in favor of this Agreement. The arbitration and the interpretation of this Agreement shall be governed by the laws of the State of New York. Both your agreement to arbitrate all Covered Claims, and the results and awards rendered through the arbitration, will be final and binding on you and may be entered in, or specifically enforced by, legal proceedings in court. You agree that judgment may be entered on the award in any court of competent jurisdiction and, therefore, any award rendered shall be binding. Payment of all filing, administration, and arbitrator fees will be governed by the JAMS Rules, except that if the arbitrator finds at any time that a claim was filed frivolously, for purposes of harassment, or otherwise in bad faith, then the filing party will reimburse the other party for all costs and fees, including attorneys’ fees, associated with that claim.
YOU UNDERSTAND THAT BY AGREEING TO ARBITRATION AS A MECHANISM TO RESOLVE ALL COVERED CLAIMS BETWEEN US, YOU ARE WAIVING CERTAIN RIGHTS, INCLUDING THE RIGHT TO BRING AN ACTION IN COURT, THE RIGHT TO A JURY TRIAL, THE RIGHT TO BROAD DISCOVERY, AND THE RIGHT TO AN APPEAL. YOU UNDERSTAND THAT IN THE CONTEXT OF ARBITRATION, A CASE IS DECIDED BY AN ARBITRATOR (ONE OR MORE), NOT BY A JUDGE OR A JURY.
YOU AND WE AGREE THAT EACH MAY ONLY ASSERT A COVERED CLAIM AGAINST THE OTHER IN AN INDIVIDUAL CAPACITY, AND THAT YOU AND WE ARE GIVING UP THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR MEMBER IN ANY CLASS ACTION FOR ANY CONTROVERSIES, DISPUTES, AND CLAIMS THAT YOU OR WE MAY HAVE AGAINST THE OTHER PARTY, INCLUDING, WITHOUT LIMITATION, A FEDERAL OR STATE CLASS ACTION LAWSUIT OR A CLASS ARBITRATION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. If there is a final judicial determination that applicable law precludes enforcement of this paragraph’s limitations as to a particular remedy, then that remedy (and only that remedy) must be severed from the arbitration and may be sought in court. The parties agree, however, that any adjudication of remedies not subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies. For the purposes of any legal proceeding commenced in any court in accordance with this section, you irrevocably submit to the jurisdiction of the state and federal courts located in the County of New York in the State of New York for such purposes.
Governing Law, Severability, Dispute Resolution and Venue
These Terms shall be governed and construed in accordance with the laws of the state of New York, United States, without regard to its conflict of laws provisions. These terms shall not be governed by the United Nations convention on contracts for the sale of international goods, the Uniform Commercial Code, nor Incoterms.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding our Website, and supersede and replace any prior agreements we might have had with you regarding the Website.
Changes to Terms of Service
We reserve the right to make changes to this Terms of Service at at any time. We will not provide you with any notice when we make changes to this Terms of Service. Therefore, we suggest that you regularly review all of our legal notices, including our Cookie Policy, Disclaimer, EULA, Privacy Policy, and Terms of Service, and by continuing to use the website you will have accepted the then current versions of those documents.
Questions
If you have any questions about our Terms of Service, please contact us at privacy@sirillp.com.