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Terms And Conditions Of Usage
Last Updated May 2007.
This Internet Web Site Terms and Conditions of Use Agreement (the
“Terms of Use”) is between the party clicking “accept”
below and/or using The Site (”you”) and
and Patriot Law Firm PLLC (”we” or “us”
and collectively the "Company"), with a principal place
of business at 382 South 200 West, Suite 150, Bountiful, Utah 84010.
You should carefully read the Terms of Use before using The Site.
By using The Site you agree to be bound by the terms and conditions
of use set forth in the Terms of Use. This is a legally binding
agreement. If you do not agree with the Terms of Use you should
not use The Site and must leave The Site.
1. We agree to provide you access to The Site in accordance with
the Terms of Use.
2. You agree to use The Site in a manner consistent with the Terms
of Use and all applicable rules and regulations. You acknowledge
that you have read the Terms of Use and that you accept the terms
thereof. You agree to read these terms of use carefully before using
The Site. If you do not agree to the Terms of Use, you may not access
or otherwise use The Site.
3. You accept that The Site is provided on an “as is, as
available” basis.
4. The materials included in The Site are for general information
purposes only and do not constitute legal advice. They are not intended
to be a substitute for obtaining legal advice from legal counsel.
ALL ARTICLES AND MATERIAL DISPLAYED BY US ON THE SITE ARE FOR INFORMATION
ONLY, ARE NO SUBSTITUTE FOR SPECIFIC ADVICE, AND ARE IN NO MANNER
TO BE CONSIDERED LEGAL ADVICE OR OTHER LICENSED PROFESSIONAL ADVICE
OR A SUBSTITUTE THEREFOR. FOR SPECIFIC LEGAL ADVICE REGARDING YOUR
PARTICULAR CIRCUMSTANCES, YOU MUST RETAIN LEGAL COUNSEL. the Company does not represent or endorse the accuracy or reliability
of any advice, opinion, statement, or other information displayed
or distributed through The Site. You acknowledge that any reliance
upon any such materials, opinion, advice, statement, memorandum,
or information shall be at your sole risk. the Company reserves
the right, in its sole discretion, to correct any errors or omissions
in any portion of The Site.
5. YOUR ACCESS TO AND USE OF THE SITE MAY BE TERMINATED AT ANY
TIME FOR ANY REASON OR FOR NO REASON BY YOU OR BY US.
6. WE MAY, SUBJECT TO AND IN ACCORDANCE WITH OUR PRIVACY POLICY
FOR MARKETING AND OTHER PURPOSES, COLLECT, PROCESS AND TRANSMIT
CERTAIN DATA OBTAINED FROM AND ABOUT YOU IN THE COURSE OF YOUR ACCESSING
THE SITE. BY AGREEING TO THESE TERMS YOU AGREE TO SUCH DATA BEING
SO USED AND FURTHER AGREE THAT IT MAY BE TRANSMITTED TO OTHERS WHETHER
OR NOT WITHIN THE UNITED STATES IN ACCORDANCE WITH OUR PRIVACY POLICY
AND UNDER APPLICABLE PRIVACY AND DATA PROTECTION LEGISLATION. Information
on how and what type of data (if any) is held about you can be obtained
by clicking here to review our privacy policy or by contacting us.
7.The Site is protected by copyright as a collective work and/or
compilation, pursuant to U.S. copyright laws, international conventions,
and other copyright laws. You are authorized to download one copy
of the material displayed or performed on The Site (”Content”)
on one computer for your personal, non-commercial use only but you
may not in so doing remove or amend any trademark, copyright or
other proprietary notice. All materials contained on The Site are
protected by copyright, and are owned or controlled by the Company or the party credited as the provider of the Content. You
will abide by any and all additional copyright notices, information,
or restrictions contained in any Content on The Site. Permission
is given to view the material on these web pages and save that material
only for your personal reference. Copying or storing of any Content
for other than personal, noncommercial use is expressly prohibited
without the prior written permission from the Company or
the copyright holder identified in the individual Content's copyright
notice.
8. Subject to the above, you may not modify, copy, distribute,
republish or upload any of the material on The Site in any way unless
you obtain the prior written consent of the Company No intellectual
property or other rights shall be transferred to you through your
use of The Site. We are not able to confirm that the materials contained
on these web pages are correct in every case. The Company
reserves the right to make changes to The Site, including the availability
of any feature, database, Content, Web page materials, product information
and prices on The Site at any time without notice or liability.
The Company may also impose limits on certain features and
services or restrict your access to parts or all of The Site without
notice or liability.
9. To the extent that any portions of The Site (such as “chat
rooms” or “bulletin boards”) provide users an
opportunity to post and exchange information, ideas or opinions
(”Postings”), BE ADVISED THAT WE DO NOT SCREEN, EDIT,
OR REVIEW POSTINGS PRIOR TO THEIR APPEARANCE ON THIS WEB SITE, and
Postings do not necessarily reflect our views. To the fullest extent
permitted by applicable laws, we exclude all responsibility and
liability for the Postings or for any losses or expenses resulting
from their use and/or appearance on The Site.
10. You represent, warrant and covenant that: (a) you shall not
upload, post or transmit to or distribute or otherwise publish through
The Site any materials which (i) restrict or inhibit any other user
from using and enjoying The Site, (ii) are unlawful, threatening,
abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic,
profane, sexually explicit or indecent, (iii) constitute or encourage
conduct that would constitute a criminal offense, give rise to civil
liability or otherwise violate law, (iv) violate, plagiarize or
infringe the rights of third parties including, without limitation,
copyright, trademark, patent, rights of privacy or publicity or
any other proprietary right, (v) contain a virus or other harmful
component, (vi) contain any information, software or other material
of a commercial nature, (vii) contain advertising of any kind, or
(viii) constitute or contain false or misleading indications of
origin or statements of fact; and (b) that you are at least eighteen
(18) years old.
11. We reserve the right to monitor all Postings or other materials
posted on The Site and to remove any which we consider in our absolute
discretion to be: (a) offensive, (b) inappropriate, (c) criminal
or (d) otherwise in breach of these Terms of Use. We do not and
cannot review all materials posted to The Site by users, and we
are not responsible for any such materials posted by users. However,
we reserve the right at all times to disclose any information as
necessary to satisfy any law, regulation or government request,
or to edit, refuse to post or to remove any information or materials,
in whole or in part, that in the sole discretion of The Company are objectionable or in violation of these Terms of Use.
12. You hereby represent and warrant that you have all necessary
rights in and to all Postings you provide and all material they
contain and that such Postings shall not infringe any proprietary
or other rights of third parties. By posting messages, uploading
files, inputting data or engaging in any other form of communication
(individually or collectively “Communications”) to The
Site, you hereby grant to The Company, subject to our privacy
policy, a perpetual, worldwide, irrevocable, unrestricted, non-exclusive,
royalty free license to use, copy, license, sublicense, adapt, distribute,
display, publicly perform, reproduce, transmit, modify, edit and
otherwise exploit such Communications, in all media now known or
hereafter developed. You hereby waive all rights to any claim against
The Company for any alleged or actual infringements of any
proprietary rights, rights of privacy and publicity, moral rights,
and rights of attribution in connection with such Communications.
13. You acknowledge that transmissions to and from The Site are
not confidential and your Communications may be read or intercepted
by others. Any unprotected e-mail communication over the Internet
is subject to possible interception or loss, is not confidential
and is also subject to possible alteration. We are not responsible
for and will not be liable to you or any third party for damages
in connection with an e-mail sent by you to us or an e-mail sent
by us to you, or anyone you designate, at your request. Violators
of this section who use our services for any illegal purpose including
but not limited to repeated unwanted emails or “Spam,”
may be prosecuted to the full extent of the law.” You acknowledge
that by submitting Communications to The Company, no confidential,
fiduciary, contractually implied or other relationship is created
between you and The Company other than pursuant to these
Terms of Use and any subsequent written agreement entered into with
The Company.
14. THE SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS
AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE,
IS PROVIDED “AS IS, AS AVAILABLE.” TO THE FULLEST EXTENT
PERMISSIBLE BY LAW. The Company AND ITS SUBSIDIARIES AND
AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER
FOR THE CONTENT ON THE SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS
MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE
SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES
OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF
SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. FURTHER,
The Company AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM
ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION,
NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
The Company DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED
IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE
UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR
THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. The Company AND ITS SUBSIDIARIES
AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE SITE, INCLUDING,
WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
FURTHER, IN NO EVENT WILL The Company BE LIABLE FOR ANY LOSS
OF PROFITS, BUSINESS, USE OF DATA OR FOR INDIRECT, SPECIAL, INCIDENTAL
OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER BASED IN CONTRACT,
NEGLIGENCE OR OTHER TORT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAWS, WE ON BEHALF OF OUR EMPLOYEES, AGENTS, SUPPLIERS, AND CONTRACTORS,
DISCLAIM AND EXCLUDE LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER
NATURE AND HOWSOEVER ARISING, INCLUDING WITHOUT LIMITATION ANY DIRECT,
INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE,
LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT,
LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER
LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN
CONNECTION WITH THE USE OF THIS THE SITE OR ANY WEB SITE WITH WHICH
IT IS LINKED. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH
PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY.
15. You hereby agree to indemnify, defend and hold The Company, and all its officers, directors, owners, agents, employees,
information providers, affiliates, licensors and licensees (collectively,
the “Indemnified Parties”) harmless from and against
any and all liability and costs incurred by the Indemnified Parties
in connection with any claim arising out of any breach by you of
these Terms of Use or the foregoing representations, warranties
and covenants, including, without limitation, attorneys' fees and
costs. You shall cooperate as fully as reasonably required in the
defense of any claim. The Company reserves the right, at
its own expense, to assume the exclusive defense and control of
any matter otherwise subject to indemnification by you and you shall
not in any event settle any matter without the written consent of
The Company.
16. Where we provide hypertext links from or to third party sites
we do so for convenience and information purposes only. We do not
review, endorse, approve or control, and are not responsible for
any sites linked from or to the Website, the content of those sites,
the third parties named therein, or their products, resources or
services. Linking to any other site is at your sole risk and we
will not be responsible or liable for any damages in connection
with linking, and we accept no liability nor make any endorsement
or approval of the same.
17. These Terms of Use contain the entire understanding between
us with respect of The Site and no representation, statement, inducement
oral or written, not contained herein shall bind either of us. The Company reserves the right, at its sole discretion, to change,
modify, add or remove any portion of these Terms of Use, in whole
or in part, at any time. Notification of changes in these Terms
of Use will be posted on The Site.
18. Should any part of the Terms of Use be declared invalid or
unenforceable by a court of competent jurisdiction, this shall not
affect the validity of any remaining portion and such remaining
portion shall remain in full force and effect as if the invalid
portion of the Terms of Use had been eliminated.
19. The Site, any information provided from it and the Terms of
Use are given and made in the state of Utah, United States of America.
THIS TERMS OF USE AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN
ACCORDANCE WITH THE LAWS OF THE STATE OF UTAH, WITHOUT REGARD TO
CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR
ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS TERMS
OF USE AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT
LOCATED IN SALT LAKE COUNTY IN THE STATE OF UTAH.
20. Pursuant to Federal law we are providing the following separate
written statement for your review and to acknowledge receipt thereof,
which, pursuant to the requirements of Federal law, will also be
delivered with any contract for credit report repair services entered
into with The Company:
21. The terms and conditions of use in this Terms of Use are subject
to change at any time. You should review the Terms of Use regularly
for any changes.
Disclosure Statement Required Pursuant to Federal Law
Consumer Credit File Rights Under State And Federal Law
You have a right to dispute inaccurate information in your credit
report by contacting the credit bureau directly. However, neither
you nor any “credit repair” company or credit repair
organization has the right to have accurate, current, and verifiable
information removed from your credit report. The credit bureau must
remove accurate, negative information from your report only if it
is over 7 years old. Bankruptcy information can be reported for
10 years.
You have a right to obtain a copy of your credit report from a
credit bureau. You may be charged a reasonable fee. There is no
fee, however, if you have been turned down for credit, employment,
insurance, or a rental dwelling because of information in your credit
report within the preceding 60 days. The credit bureau must provide
someone to help you interpret the information in your credit file.
You are entitled to receive a free copy of your credit report if
you are unemployed and intend to apply for employment in the next
60 days, if you are a recipient of public welfare assistance, or
if you have reason to believe that there is inaccurate information
in your credit report due to fraud.
You have a right to sue a credit repair organization that violates
the Credit Repair Organization Act. This law prohibits deceptive
practices by credit repair organizations.
You have the right to cancel your contract with any credit repair
organization for any reason within 3 business days from the date
you signed it.
Credit bureaus are required to follow reasonable procedures to
ensure that the information they report is accurate. However, mistakes
may occur.
You may, on your own, notify a credit bureau in writing that you
dispute the accuracy of information in your credit file. The credit
bureau must then reinvestigate and modify or remove inaccurate or
incomplete information. The credit bureau may not charge any fee
for this service. Any pertinent information and copies of all documents
you have concerning an error should be given to the credit bureau.
If the credit bureau's reinvestigation does not resolve the dispute
to your satisfaction, you may send a brief statement to the credit
bureau, to be kept in your file, explaining why you think the record
is inaccurate. The credit bureau must include a summary of your
statement about disputed information with any report it issues about
you.
The Federal Trade Commission regulates credit bureaus and credit
repair organizations. For more information contact:
The Public Reference Branch
Federal Trade Commission
Washington, D.C. 20580
WPB_DS-25834-1
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