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Terms of Service

American Debt Law > Terms of Service

Terms of Use

 

Use of Web site

The use of this web site is subject to the following Terms of Use.  These Terms of Use should be carefully read on each occasion that one uses the web site since the Terms of Use may have changed since your last visit.  Use of this web site indicates ones acceptance of these terms.  If one does not accept these Terms of Use, then do not use this web site.

 

 

No Legal Advice

This is the web site of Hemming & Associates, P.C., a/k/a American Debt Law (hereinafter referred to as: “ADL”). The information contained on this site is provided for educational and informational purposes only. The contents of this site are not and should not be construed as legal advice. The web site is not an offer to perform services on any matter. This web site contains general information from a variety of sources and might not reflect the current statement of the law. This web site may not be updated on a regular basis to properly reflect current legal developments.

 

 No Attorney-Client Relationship

The content and features on this web site does not create, and is not intended to create, an attorney-client relationship.  Further, this web site shall not be construed as legal advice. The content and features of this web site does not constitute an offer to represent anyone. The content of this web site should not be relied upon or used as a substitute for consultation with professional advisers.

 

No Guarantee of Confidentiality

While ADL makes reasonable efforts to keep information private, all information sent to ADL through this website is non-confidential.  While ADL respects privacy considerations as set forth on its Privacy Statement, due to the nature of the internet, there can be no guarantee of confidentiality until an attorney-client relationship is established.

 

Multiple State Representation

ADL has attorneys licensed to practice in the following states:  Arizona, California, Florida, Maryland, Michigan, New York, Texas, New Jersey, Pennsylvania, Virginia, and Washington D.C. Each ADL attorney is only authorized to offer legal advice or represent clients in the state the specific attorney is licensed to practice.

 

STATE ADVERTISING DISCLOSURES

If some informational material on this web site may be deemed to constitute lawyer advertising, the following disclosures are made:

 

California: ATTORNEY ADVERTISING. Prior results do not guarantee a similar outcome.

 

Florida: The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience.

 

Michigan: ATTORNEY ADVERTISING. Prior results do not guarantee a similar outcome.

 

Nevada: The State Bar of Nevada does not certify any lawyer as a specialist or expert.

 

New Jersey: ATTORNEY ADVERTISEMENT — NOT A REFERRAL SERVICE. Before making your choice of an attorney, you should give this matter careful thought. The selection of an attorney is an important decision.

 

New York: ATTORNEY ADVERTISING. Prior results do not guarantee a similar outcome.

 

Pennsylvania: ATTORNEY ADVERTISEMENT – NOT A REFERRAL SERVICE. Before making your choice of an attorney, you should give this matter careful thought. The selection of an attorney is an important decision.

 

Texas: Unless otherwise stated, our attorneys claiming certification in an area of law are not certified by the Texas Board of Legal Specialization.

 

Virginia: ADVERTISING MATERIAL

 

GOVERNING LAWS IN CASE OF DISPUTE; JURISDICTION

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, USA, without regard to any choice of law principles. Disputes arising hereunder shall be subject to the exclusive jurisdiction of the state courts of California.

 

 DISCLAIMER OF WARRANTIES

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  1. YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK. THE WEB SITE, AND IT CONTENTS, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ADL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF TITLE AND NON-INFRINGEMENT.
  2. ADL MAKES NO WARRANTY THAT (i) THE WEB SITE WILL MEET YOUR REQUIREMENTS, (ii) THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEB SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
  3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ADL OR THROUGH OR FROM THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.

 

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ADL SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEB SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEB SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE; OR (v) ANY OTHER MATTER RELATING TO THE WEB SITE.

 


EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

 

 

NO THIRD PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this Terms of Service, there shall be no third party beneficiaries to this Agreement.

 

NOTICE

ADL may provide you with notices, including those regarding changes to the Terms of Service, by either email, regular mail, or postings on the website.

 

TRADEMARK INFORMATION

ADL and the ADL logo are trademarks of Hemming & Associates, P.C. (“ADL Marks”). Without ADL’s prior permission, you agree not to display or use in any manner, the ADL Marks.

 

NOT FOR MINNESOTA RESIDENTS AND NO WEB MARKETING SOLUTIONS FOR LAW FIRMS OR ORGANIZATIONS WITH OFFICES IN MINNESOTA

This web site and its service is not being provided to the residents of Minnesota. If you are a Minnesota resident or your organization has a Minnesota office, no web marketing services of any kind, including this web site will be provided to you or your firm.

If you are a non-Minnesota resident and later become a Minnesota resident or your organization does not have a Minnesota office and later opens or obtains a Minnesota office, all agreements and any relationship of any kind between you and ADL is immediately terminated. You must stop all use of this web site, and notify ADL of your Minnesota residency status or Firm’s office status.

 

GENERAL INFORMATION

Entire Agreement

The Terms of Service constitutes the entire agreement between you and ADL and govern your use of the web site, superseding any prior agreements between you and ADL. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other ADL services, affiliate services, third-party content or third-party software.

 

 

Choice of Law and Forum

The Terms of Service and the relationship between you and ADL shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and ADL agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Orange, California.

 

Arbitration  

ADL may elect to resolve any controversy or claim arising out of or relating to these Terms of Service or our sites by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the county of Orange, California, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in the county of Orange, California, necessary to protect the rights or property of you or ADL (or its agents, suppliers, and subcontractors) pending the completion of arbitration.

 

Waiver and Severability of Terms

The failure of ADL to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

 

Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the web site or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

HEADINGS

The section titles and headings in the Terms of Service are for convenience only and have no legal or contractual effect.

 

 

HEMMING & ASSOCIATES, P.C. a/k/a AMERICAN DEBT LAW (“ADL”) IS A NATIONAL LAW THAT HAS A NUMBER OF AREAS OF PRACTICE, INCLUDING DEBT COLLECTION.  IN ACCORDANCE WITH LEGAL REQUIREMENTS, THE FOLLOWING SHOULD BE NOTED:

HEMMING & ASSOCIATES, P.C. a/k/a AMERICAN DEBT LAW (“ADL”) IS A LAW FIRM WHOSE PRIMARY BUSINESS FUNCTION IS DEBT COLLECTION; AS SUCH, THIS COMMUNICATION WITH OUR FIRM MAY BE CONSIDERED AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

 

 

Last revised and effective as of June 1, 2017