These Terms and Conditions (“Terms or Agreement”) governs your use of United Mass Tort Marketing’s services, websites, and our platforms, including but not limited to unitedmasstorts.com, (“the Site”, “Us”, “We,” “Our”, “Company”, “Website”, or “UNITED”). By using any of our services, website, or platforms (collectively, the “Services”) you signify that you have read, understand, and agree to be bound by these Terms and Conditions (“Terms” or “Agreement”). These Terms and Conditions apply to all users of the Services, including browsers. As used herein, “You, “User” or “Users” means anyone who accesses and/or uses the Site or any of our Services or if the user represents an entity or other organization, that entity or organization.
You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms, without notice, by posting updates and/or changes to our websites. It is your responsibility to check this page periodically for any such changes. Your continued use of or access to Services following the posting of any changes constitutes acceptance of those changes.
This is a legal agreement between You and United Mass Tort Marketing. You should carefully read this agreement and the Company’s Privacy Policy, which is incorporated into and are part of this agreement. YOU MAY NOT USE OUR SERVICES IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS.
These Terms and Conditions were last updated on November 30, 2023.
Section 1 – Disclaimer
All the results, statistics, and testimonials displayed or marketed through or about our Services represent the actual results of real clients. However, the Company does not guarantee the same or similar results for you. Every business is different, and results can be impacted by numerous factors including factors outside of the control of our Services.
Section 2 – Access to the Service.
2.1. Subject to your acceptance of and compliance with this Agreement, Company grants to you a non-exclusive, non-transferable, revocable limited license to use the Service. The Company has the right to terminate your access to our Services at any time for any reason or for no reason. Your use of the Service is conditioned upon your compliance with this Agreement; any use of the Service in violation of this Agreement will be regarded as an infringement of Company’s copyrights in and to the Service.
2.2. Any new features or services which are added, at our sole discretion, shall also be subject to this Agreement. Company may change, modify, suspend, or discontinue any aspect of the Service at any time such change, modification, suspension or discontinuation can be for any reason and is not limited to your breach of this Agreement.
2.3 As a condition of your use of and access to the Service, you shall not: (a) copy or adapt the Service’s software including but not limited to Flash, PHP, HTML, Java, CSS, JavaScript or other code; (b) reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) that the Service create to generate web pages or any software or other products or processes accessible through the Service; (c) distribute any virus, time bomb, trap door, or other harmful or disruptive computer code, mechanism or program; (d) interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service; (e) sell the Service or any part thereof including but not limited to user accounts and access to them in exchange for anything of value; (f) violate any applicable law; or (g) allow another person or entity to use your identity in order to access the Service.
Section 3 – Privacy and Protection of Personal Information.
Notwithstanding anything else to the contrary contained in this Agreement, Company’s collection, use, disclosure and sharing of any personally identifiable information you provide via the Site or use of our Services shall be governed by our Privacy Policy, which is incorporated into and part of this Agreement. For further information regarding the Company’s protection of your personal information, please refer to our Privacy Policy.
Section 4 – Third Party Links.
Through your use of the Service, you may be provided with hyperlinks or opt-in selections to other Internet sites or resources, including hyperlinks provided by third-party advertisers and sponsors to the Service. We make no representation or warranty as to those sites and resources, or the advertising material presented by third-party advertisers and sponsors through the Service. You agree that Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such information, goods or services available on or through any such site or resource.
Section 5 – Intellectual Property.
5.1 The information, graphics, and content available through the Service is the property of the Company and is protected by copyright and other intellectual property laws. Information received through the Service may not be displayed, reformatted and printed or used for any commercial purpose whatsoever without the prior written consent of the Company. The United Mass Tort Marketing logo, and any other marks used on the Site are trademarks of United Mass Tort Marketing. Such marks may not be used without the prior written consent of the Company. All rights reserved.
5.2 You shall retain all right, title, and interest in and to the material, content, data, and information (including your personal information and the personal information of others) you submit to United Mass Tort Marketing in the course of using the Service or which We otherwise collects with your permission (collectively, your “Content”). Subject to these Terms, you grant us permission to use or disclose your Content (including any personal information therein) as necessary to provide the Service to you and/or as otherwise permitted by these Terms. You represent and warrant that: (i) you own or have otherwise obtained all necessary rights, releases, and permissions to submit all your Content to the Service and to grant the rights granted to us in these Terms and (ii) your Content and its submission and use as you authorize in these Terms will not violate (1) any applicable law, (2) any third-party intellectual property, privacy, publicity, or other rights, or (3) any of your or third-party policies or terms governing your Content.
5.3 You may provide or we may ask you to provide suggestions, comments, testimonials, reviews, input or other feedback (“Feedback”) regarding the Service. If you provide us with any Feedback, then you grant us a royalty-free, non-exclusive, worldwide, sublicensable, and transferable license to use, reproduce, publicly display, distribute, modify, and publicly perform the Feedback as we see fit. Any Feedback you choose to provide is given entirely voluntarily. You understand that you will not receive any compensation for your Feedback, and that we may use any Feedback you provide to improve the Service or to develop new features and services.
Section 6 – Disclaimers; Limitations; Waivers of Liability.
6.1. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR OWN RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER THE LAWS APPLICABLE TO TERMS OF USE WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED). WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS, NOR ANYONE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SERVICE (COLLECTIVELY, “THE UNITED MASS TORT MARKETING PARTIES”) WARRANT THAT THE SERVICE, INCLUDING THE INFORMATION MADE AVAILABLE THROUGH THE SERVICE, WILL BE UNINTERRUPTED, UNCORRUPTED, ACCURATE, RELIABLE, COMPLETE, CURRENT, TIMELY, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MOBILE APPLICATION, WEBPAGES OR THE SERVER THAT MAKES THE SERVICE AVAILABLE ARE FREE FROM VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS.
6.2. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE UNITED MASS TORT MARKETING PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST OR ANTICIPATED PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, THE USE OR MISUSE OF SUBMISSIONS OR CONTENT IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE, WHETHER OR NOT THE UNITED MASS TORT MARKETING PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT THE FOREGOING EXCLUSION OF LIABILITY IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THE PARTIES INSTEAD AGREE THAT THE UNITED MASS TORT MARKETING PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN ONE HUNDRED (100) US DOLLARS.
6.3. TO THE FULLEST EXTENT PERMITTED BY LAW, THESE DISCLAIMERS OF LIABILITY APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).
Section 7 – Release.
You forever release, discharge, and covenant not to sue the United Mass Tort Marketing Parties from any and all liability, claims, actions, and expenses that may arise, whether caused by the negligence of the United Mass Tort Marketing Parties, or otherwise, in connection with use of the Service or through or as a result of the Service. In other words, you agree that you cannot sue the United Mass Tort Marketing Parties if anything happens to you, your personal information, any individual that you provide access to use the Service, or your property in connection with use of the Service or through or as a result of the Service. You agree that the provisions in this paragraph will survive any termination of your account(s), Subscription, the Service, or this Agreement.
Section 8 – Indemnification.
You agree at all times to indemnify, defend and hold harmless the United Mass Tort Marketing Parties harmless from any claim, causes of action, damages, liabilities, demands, costs and expenses, including reasonable attorneys’ fees, made by any third-party due to or arising out of your use or misuse of the Site or Services, your breach of this Agreement or the documents they incorporate by reference, your violation of any law or the rights of a third-party, or the consequences of any choices you make in reliance on or based on information on this site.
Section 9 – Governing Law and Dispute Resolution.
The laws applicable to the interpretation of this Agreement shall be the laws of the State of Maryland, and applicable federal law, without regard to any conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Montgomery County, Maryland.
You also agree that, in the event any dispute or claim arises out of or relating to your use of the Site or the Services, that you and Company will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unsettled for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, shall be resolved by final and binding arbitration in Montgomery County, Maryland under the rules of the American Arbitration Association then in effect.
THE PARTIES HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. IN ADDITION, YOU HEREBY AGREE THAT ANY DISPUTES RELATED TO YOUR USE OF OUR SERVICES SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
Section 10 – Confidentiality
10.1. Confidential Information. During the term of this Agreement, each party (the “Disclosing Party”) may provide the other party (the “Receiving Party”) with certain information regarding the Disclosing Party’s business, technology, products, or services, or other confidential or proprietary information (collectively, “Confidential Information”) in whatever form (written, oral or visual) that is furnished or made available to the Receiving Party by or on behalf of the Disclosing Party that (a) if in tangible form, the Disclosing Party has labeled in writing as proprietary or confidential, (b) if in oral or visual form, the Disclosing Party has identified as proprietary or confidential at the time of disclosure, or (c) is of a character that is commonly and reasonably regarded as confidential and/or proprietary. For the avoidance of doubt, the Services will be considered Confidential Information of United Mass Tort Marketing.
10.2. Protection of Confidential Information. The Receiving Party agrees that it will not use or disclose to any third party any Confidential Information of the Disclosing Party, except for exercising its rights and performing its obligations under this Agreement. The Receiving Party will limit access to the Confidential Information to its employees and contractors who have a need to know, who are subject to confidentiality obligations no less restrictive than those set forth herein and who have been informed of the confidential nature of such information. In addition, the Receiving Party will protect the Disclosing Party’s Confidential Information from unauthorized use, access, or disclosure in the same manner that it protects its own proprietary information of a similar nature, but in no event with less than reasonable care. At the Disclosing Party’s request or upon termination of this Agreement, the Receiving Party will return to the Disclosing Party or destroy (or permanently erase in the case of electronic files) all copies of the Confidential Information that the Receiving Party does not have a continuing right to use under this Agreement, and, upon request, the Receiving Party shall provide to the Disclosing Party written notice certifying compliance with this sentence, unless prohibited by applicable law.
10.3. Exceptions. The confidentiality obligations set forth in this section will not apply to any information that: (a) is or becomes generally available to the public through no fault of the Receiving Party; (b) is lawfully provided to the Receiving Party by a third party free of any confidentiality duties or obligations; (c) the Receiving Party can prove, by clear and convincing evidence, was already known to the Receiving Party without restriction at the time of disclosure; or (d) the Receiving Party can prove, by clear and convincing evidence, was independently developed by employees and contractors of the Receiving Party who had no access to the Confidential Information. In addition, the Receiving Party may disclose Confidential Information to the extent that such disclosure is necessary for the Receiving Party to enforce its rights under this Agreement or is required by law or by the order of a court or similar judicial or administrative body, provided that the Receiving Party promptly (to the extent legally permitted) notifies the Disclosing Party in writing of such required disclosure and reasonably cooperates with the Disclosing Party if the Disclosing Party seeks an appropriate protective order.
10.4. Remedies. Any breach or threatened or attempted breach of this Section 10 may result in immediate, irreparable harm for which monetary damages would be an inadequate remedy. If a court of competent jurisdiction finds that the Receiving Party has breached (or attempted or threatened to breach) any of the obligations set forth in this Section 10, the Receiving Party agrees that, without any additional findings of irreparable injury or other conditions to injunctive relief, it will not oppose the entry of an appropriate order compelling its performance and restraining it from any further breaches (or attempted or threatened breaches).
Section 11 – Severability.
In the event that any provision of this Agreement is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this Agreement, such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 12 – Publicity
User agrees that United Mass Tort Marketing may refer to You by name, logo and trademark in our marketing materials and website. User acknowledges and agrees that We do not certify or endorse, and has no obligation to certify or endorse, any of Your products, services, or content.
Section 13 – Miscellaneous.
(a) Company operates and controls the Service from its offices in the United States of America. Company makes no representation that the Service is appropriate or available in other locations. The information by the Company is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the Company to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
(b) This Agreement is effective until terminated by either party. The privileges granted to you under this Agreement will terminate immediately and automatically without notice from the Company if, in our sole discretion, you fail to comply with any term or provision of this Agreement or for any reason in the Company’s sole discretion.
(c) Neither the course of conduct between the parties nor trade practice will act to modify this Agreement to any party at any time without any notice to you.
(d) You may not assign this Agreement without the Company’s prior written consent, which may be withheld in Company’s sole discretion, and any assignment without such consent shall be deemed null and void. Such anti-assignment provision shall not apply to any entity that has a right to assign its written agreement with the Company relating to the Service.
(e) The section headings used in this Agreement are for convenience only and will not be given any legal import.
(f) Upon Company’s request, you will furnish Company any documentation, substantiation or releases necessary to verify your compliance with this Agreement.
(g) You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement. Your use of our mobile application and Services constitutes acceptance of this Agreement.
Section 14 – Entire Agreement.
These Terms and Conditions and any policies or operating rules posted by us on this Site or in respect to the Service constitutes the entire Agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous Agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions). Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
Section 15 – Contact Information.
Questions about the Terms and Conditions may be sent to United Mass Tort Marketing via email at contactus@unitedmasstorts.com.