Anapol Schwartz (“Anapol”) offers the site http://nfl-concussions-lawsuit.com (the “Site”) and its related content (collectively with the Site, the “Services”) to you subject to these terms and conditions of use (the “Terms”). By accessing, registering, creating material, contributing content, commenting and/or posting on the Site, and in consideration of the Services we provide to you, you agree to be bound by these Terms.
By posting content to the Site, you warrant and represent that you either own or otherwise control all of the rights to that content, including, without limitation, all of the rights necessary for you to provide, post, upload, input or submit the content, and/or that your use of the content is a protected fair use. You agree that you will not knowingly and with intent to defraud provide misleading or false information. You represent and warrant that the content you supply does not violate these Terms, and that you will indemnify and hold Anapol harmless for any and all claims resulting from the content you supply.
You acknowledge that Anapol may not pre-screen or regularly review posted content, but that it shall have the right to remove in its sole discretion any content that it considers to violate these Terms. You understand that all content that you post here is the sole responsibility of the individual who originally posted the content. You understand, also, that all opinions expressed by users of this site are expressed strictly in their individual capacities, and not as representatives of Anapol.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These Terms do not grant you the right to use any branding or logos used in our Services. Do not remove, obscure, or alter any legal notices displayed in or along with our Services.
No Attorney-Client Relationship. This Site is presented for informational purposes only. Your use of the Site does not create an attorney-client relationship with Anapol or any other law firm or lawyer, nor does such use constitute the receipt of legal advice from Anapol or any other law firm or lawyer. A detailed confidential discussion of your specific circumstance with an attorney(s) of the firm is an integral and necessary component of becoming a client of Anapol. No user of Site, whether or not the user is an existing client of Anapol, should act or refrain from acting based on the content of the Site without seeking appropriate legal counsel from a properly licensed attorney. Although the information contained on the Site is not intended to be advertising, some material may be considered advertising under the professional rules of conduct in some states. Anapol is unable to represent a client that may come to the firm for legal assistance from a jurisdiction where the material provided on the Site does not comply with local state ethics rules, if that client came to us directly as a result of material they viewed on such Site.
Some of our Services allow you to submit your own content or comments. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours. However, when you upload or otherwise submit content to our Services, you give us (and those we work with) a license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publicly display and distribute such content. The rights that you grant in this license are for the purpose of operating, promoting, and improving our Site and its Services. This license continues even if you stop using our Services. Always make sure you have the necessary rights to grant us this license for any content that you submit to our Site.
OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS OR IN ANY ADDITIONAL TERMS, ANAPOL DOES NOT MAKE ANY SPECIFIC PROMISES ABOUT THE SITE OR THE SERVICES. FOR EXAMPLE, WE DO NOT MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTION OF THE SITE OR THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SITE AND THE SERVICES BOTH ON AN “AS IS” AND “AS AVAILABLE” BASIS.
TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL LIABILITY FOR ANY LOSS, DAMAGE, COST AND EXPENSE OF ANY KIND, DIRECT AND INDIRECT, IN CONNECTION WITH OR ARISING FORM OUR SITES, CONTENT, ANY ACTION TAKEN (OR NOT TAKEN) AS A RESULT OF OUR SITE OR CONTENT OR OUR TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION OR BASIS OF CLAIM AND WHETHER OR NOT ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
THE FOREGOING PARAGRAPHS DO NOT ATTEMPT TO AFFECT ANY OF YOUR STATUTORY RIGHTS AS A CONSUMER OR OTHERWISE UNDER THE APPLICABLE LAW OF THE RELEVANT JURISDICTION. TO THE EXTENT THAT THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY ARE EXPRESSLY PROHIBITED BY LAW THOSE PARTS OF THE CLAUSES THAT ARE PROHIBITED WILL NOT APPLY. THE REMAINING TERMS AND CLAUSES WILL CONTINUE TO APPLY. IF ANY LIMITATION OF DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL BE ENTITLED TO THE MAXIMUM EXCLUSIONS AND LIMITATIONS PERMITTED.
We may modify these Terms or any additional Terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should review these Terms regularly. Changes to the Terms will be effective immediately. If you do not agree to the modified Terms, you should discontinue your use of the site.
If there is a conflict between these Terms and the additional Terms, the additional Terms will control as to that particular item.
These Terms control the relationship between Anapol and you only. They do not create any third party beneficiary rights.
If a particular Term is not enforceable, this will not affect the enforceability of any other Terms.
If you author a blog post, comment on a blog post, post material to the Site, post links on the Site, or otherwise make (or allow any third party to make) material available by means of the Site (collectively, “content”), you are entirely responsible for the same, and any harm resulting therefrom. By posting or making content available on the Site, you represent and warrant that:
- the downloading, copying and use of the content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the content;
- you have fully complied with any third-party licenses relating to the content, and have done all things necessary to successfully pass through to end users and any required terms;
- the content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your own blog or website is not getting advertised via unwanted electronic messages such as spam links on newsgroups, emails lists, other blogs and web sites, and similar unsolicited promotional methods;
- your own blog or website is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Anapol or otherwise.
Without limiting any of these representations or warranties, Anapol has the right (though not the obligation) to, in Anapol’s sole discretion (i) refuse or remove any content that, in Anapol’s reasonable opinion, violates these Terms or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Site to any individual or entity for any reason. Anapol will have no obligation to provide a refund of any amounts previously paid, if any.
By operating the Site, Anapol does not represent or imply that it endorses the material or content that is posted, or that it believes such material to be accurate, useful or non-harmful. You are solely responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Site may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes and other errors. The Site may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Anapol disclaims any responsibility for any harm resulting from the use by visitors to the Site, or from any downloading by those visitors of content posted.
As Anapol asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by this Site violates your copyright, you are encouraged to notify Anapol in accordance with Anapol’s Digital Millennium Copyright Act (“DCMA”) Policy. Anapol will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Anapol will terminate a visitor’s access to and use of the Site if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Anapol or others. In the case of such termination, Anapol will have no obligation to provide a refund of any amounts previously paid to Anapol, if any.
This Agreement does not transfer from Anapol to you any Anapol or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Anapol. Anapol, Anapol Schwartz, FDA-Reports.com, www.FDA-Reports.com, and all other trademarks, service marks, graphics and logos used in connection with Anapol are trademarks or registered trademarks of Anapol. Other trademarks, service marks, graphics and logos used in connection with the site may be the trademarks of other third parties. Your use of the Site grants you no right or license to reproduce or otherwise use any Anapol or third-party trademarks.
You hereby agree to defend, indemnify and hold Anapol and its subsidiaries, affiliates, shareholders, officers, agents, employees, partners and licensors harmless from and against any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the Site or Services, your use of the Site or Services, your connection to the Site, your violation of the Terms, or your violation of any rights of another.
You hereby agree that the Terms and the relationship between the parties shall be governed by the laws of the Commonwealth of Pennsylvania without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the Terms, or the relationship between you and Anapol, shall be brought exclusively in the courts located in Philadelphia County, Pennsylvania or the U.S. District Court for the Eastern District of Pennsylvania. You hereby irrevocably submit to the personal jurisdiction of the courts located within Philadelphia County, Pennsylvania or the Eastern District of Pennsylvania, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.