Terms & Conditions

Your use of the TRACEYKAGANLAW.COM web site (the “web site”), constitutes your agreement to be bound by these terms and conditions of use. If you do not agree to be bound by these terms and conditions of use, you must not use or must immediately terminate your use of this web site. The term “You” as used in these Terms and Conditions means (1) a visitor to this website; (2) a user of this website; (3) anyone on behalf of whom you are visiting this website; (4) anyone on behalf of whom you are using this website and (5) anyone using the services provided by the Service; and, (6) anyone in contact with the Service.

I. DISCLAIMER
A. PURPOSE OF WEB SITE

The information contained in this web site has been provided by RepresentYou.com, Inc. doing business as TRACEYKAGANLAW.COM (the “Service”) for general information purposes only and is not legal advice. This information is written to permit you to learn more about the Service. The Service reserves the right to send, dispatch, remit, transmit and/or forward any type, category or form of communication to you including, but not limited to, e-mails, SMS/text messages, facsimiles, and/or telephone calls to address or discuss any issue related to the Service.

B. NO LEGAL ADVICE OR ATTORNEY-CLIENT RELATIONSHIP

The information and representations contained herein and the use of this web site do not constitute an agreement to provide legal services to you. Information contained on or made available through the Web Site is not intended to and does not constitute legal advice, recommendations, mediation or counseling under any circumstance and no attorney-client relationship is formed. Neither the transmission nor receipt of web site information will create an attorney-client relationship between sender and receiver. The materials contained therein are general in nature and may not apply to particular factual or legal circumstances. Internet subscribers and on-line readers should not act on this information without seeking legal counsel. Any form of use of this web site or Service’s service by a panel member attorney or potential

vide legal services.

C. NOT A SUBSTITUTE FOR LEGAL ADVICE

This Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney. Although care has been taken to provide accurate and current information, the general principles and information presented at this Web Site may differ depending on local, state and federal laws, regulations, and court cases. Because the law constantly changes and varies from jurisdiction to jurisdiction, and is subject to varying interpretations, the reader is urged to consult professional legal counsel in his or her state regarding any specific problem. Service does not guarantee that you will successfully find an attorney through Service. You agree that attorneys contacted by you through the Service may report to Service on whether they were engaged by you, the status of your case and the total attorney’s fees paid.

C. NOT A SUBSTITUTE FOR LEGAL ADVICE

This Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney. Although care has been taken to provide accurate and current information, the general principles and information presented at this Web Site may differ depending on local, state and federal laws, regulations, and court cases. Because the law constantly changes and varies from jurisdiction to jurisdiction, and is subject to varying interpretations, the reader is urged to consult professional legal counsel in his or her state regarding any specific problem. Service does not guarantee that you will successfully find an attorney through Service. You agree that attorneys contacted by you through the Service may report to Service on whether they were engaged by you, the status of your case and the total attorney’s fees paid.

D. ERRORS AND CORRECTIONS

Service does not represent or warrant that the Web Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. Service does not warrant or represent that the information available on or through the Web Site will be correct, accurate, timely, or otherwise reliable. Under no circumstances shall the Service or any other party involved in the creation, production or delivery of information contained in this web site, be liable to you or any other person for any indirect, special, incidental, or consequential damages of any kind arising from access to, use of, or reliance upon this web site. Service may make improvements and/or changes to its features, functionality or content of the Web Site at any time. Your use of information on the Web Site or materials linked from the Web Site is entirely at your own risk. Service is not a law firm.

F. THIRD-PARTY CONTENT

Third-party content may appear on this Web Site or may be accessible via links from this Web Site. Service shall not be responsible for and assumes no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third-party content appearing on the Web Site. You understand that the information and opinions in the third-party content represent solely the thoughts of the author and is neither endorsed by nor does it reflect the belief of the Service.

G. NO SERVICE WARRANTIES

The web site is provided on an “as is” and “as available” basis. Service expressly disclaims all warranties, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose and non-infringement. Service disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of or any way related to

(a) any errors in or omissions from this site and its content, including but not limited to technical inaccuracies and typographical errors,
(b) any third party web sites or content therein directly or indirectly accessed through links in this site, including but not limited to any errors in or omissions there from,
(c) the unavailability of this site or any portion thereof,

(d) your use of this site,
(e) your use of any equipment or software in connection with this site,
(f) viruses, worms, Trojan horses or other harmful components,
(g) your reliance on or use of information, services or merchandise provided on or through the website.

Under no circumstances shall Service be liable for any loss, injury, attorneys’ fees, claim, liability, direct or indirect damages, incidental damages, special damages, punitive or consequential damages of any kind whatsoever that result in any way from your use of or inability to use the website, your reliance on or use of information, services or merchandise provided on or through the website, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance. To the extent this limitation on liability is prohibited, service’s sole obligation to you for damages shall be limited to $100.00.

II.RESTRICTIONS ON USE OF MATERIALS

Unless otherwise noted, all materials, including, but not limited to, news articles, images, illustrations, designs, icons, photographs, video clips and audio clips that are part of the Web site (collectively, the “Content”) are protected by copyright, trademark and/or service mark and owned, controlled or licensed by Service, or the party credited as the provider of the Content. You shall abide by all additional copyright, trademark or service mark notices, information or restrictions contained in any Content accessed through the Web site.

The form, format, design, headings and content of this website are protected by the laws of the United States of America, and any use, copying, dissemination, or distribution in any form or manner whatsoever without the express written consent of the Service is strictly prohibited. Any unauthorized use of any of the contents hereof, including but not limited to, the form, format, design, headings and content of this web site or use of the copyrights, trade names, trademarks or service marks is strictly prohibited. No Content from the Web site may be copied, reproduced, framed, hyperlinked, republished, downloaded, uploaded, posted, transmitted, or distributed in any way.

Use of any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the Content is strictly forbidden.

Modification of the Content or use of the Content for any other purpose is a violation of Service’s copyright, trademark and other proprietary rights. For purposes of these terms, the use of any Content on any other web site or networked computer environment is prohibited. All trademarks, service marks and trade names are proprietary to Service.

Nothing in these Terms and Conditions of Use grants or should be construed to grant any licenses or rights, by implication, estoppels or otherwise, under copyright or other intellectual property rights. You agree that all right, title and interest (including all copyrights, trademarks, service marks, patents and other intellectual property rights) in this Web Site and its content belong to Service, its licensors, or Listees, as applicable.

III. POSTINGS

You agree not to post, publish, upload or distribute in the interactive areas on this Web Site any messages, data, information, text, graphics, links or other material (“Postings”) which are unlawful or abusive in any way, including but not limited to any Postings that are defamatory, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability or violate any local, state, federal or international law, or the regulations of the U.S. Securities and Exchange Commission, any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, either intentionally or unintentionally. Service may delete your Posting or terminate your account at any time for any reason without permission from you. Participants shall not misrepresent their identity or their affiliation with any person or entity.

IV.ONLINE PRIVACY POLICY

The Service makes every effort to maintain the confidentiality of any communication between you and this web site Service and affiliates, regarding the evaluation of the your personal injury claim or claim of another. However, because the Service can not control the conduct of others, the Service can not guarantee that this information will remain confidential. Please use caution in deciding what information to input into the System. Do not make any confessions or admissions. Do not provide any highly personal, sensitive, or incriminating information. The Service is not responsible for the release or improper use of such information by other users or any release due to error or failure of the system. You agree that attorneys contacted through the Service may report to the Service on whether their services were engaged by you, the status of your case and the total amount of attorney’s fees paid. Registration data and certain other information about you are subject to the Service’s privacy policy. For more information, see our Privacy Policy which is incorporated in full herein by reference.

V. GOVERNING LAW AND LIMITATION OF ACTION

Although you can reach our Service from all fifty states and around the world, the Web site is controlled and operated by the Service from its offices within the State of California. The Service makes no representation that Content on the Web site is appropriate or available for use in other locations. Those who choose to access the Web site from other locations do so on their own initiative and are responsible for establishing the use, ability or correctness of any information or Content under any or all jurisdictions and the compliance of that information or Content with local laws, if and to the extent local laws are applicable.

All people, including those who access the Web site from a country other than the U.S., agree that these terms and the relationship between the You and the Service shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. The laws of the State of Florida shall govern any dispute, including those arising from Service’s use of personal information or otherwise relating to privacy, as specified in the online Privacy Policy.

You agree that regardless of any law or statute to the contrary, any claim or cause of action arising out of or relating to use of the Service, the Web site, these Terms and Conditions of use and any alleged conduct of the Service must be filed within one (1) year of the date the cause of action arose, or be forever barred.

VI. ARBITRATION

Any dispute, controversy or claim arising out of or relating to these Terms and Conditions (including Online Privacy Policy) or alleged conduct by Service shall be settled by binding arbitration in accordance with the Comprehensive Arbitration Rules and Procedures of the Judicial Arbitration and Mediation Services (JAMS). 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 Los Angeles, California, before three arbitrators and judgment on the arbitration award may be entered by any court having jurisdiction thereof. Either you, the User, or the Service may seek any interim or preliminary relief from a court of competent jurisdiction in the County of Los Angeles, California, necessary to protect the rights or property of you, the User, or the Service pending the completion of arbitration. This arbitration clause does not prohibit either you, the User, or the Service from seeking to have the arbitration dismissed or judicially terminated on the basis the claims in arbitration action fail to provide a legal basis upon which a claim for relief may be granted. Any motion or action to dismiss must be filed in a court of general jurisdiction within the County of Los Angeles, California.

VII. OTHER

If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except as provided herein or in writing, signed by Service. To the extent that anything in or associated with the Web site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Service’s failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The section titles in these Terms and Conditions of use are for convenience only and have no legal or contractual effect.

VIII. INDEMNIFICATION

You are solely liable for any content, messages or other information you transmit, provide or upload to the Web Site. You agree to indemnify and hold harmless Service from any third party claim, action, demand, loss, or damages (including attorney’s fees and costs) arising out of or relating to your violation or alleged violation of these Terms and Conditions of Use, your use of the Web Site, or your violation or alleged violation of any rights of a third party. You also agree this defense and indemnity shall apply to the Service, its affiliates, directors, officers and employees. The Service 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 Service.

IX. SEVERABILITY OF PROVISIONS

These Terms and Conditions of Use incorporate by reference all notices and disclaimers contained on the Web Site and constitute the entire agreement between you and Service with respect to access to and use of the Web Site. If any provision of these Terms and Conditions of Use is found unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

X. MODIFICATIONS TO TERMS OF USE

Service reserves the right to change these Terms and Conditions of Use at any time. Updated versions of the Terms and Conditions of Use will appear on this Web Site and are effective immediately. You are responsible for regularly reviewing the Terms and Conditions of Use. Continued use of the Web Site after any such changes constitutes your consent to such changes.

XI. REMEDIES FOR VIOLATIONS

Service reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions of Use, including but not limited to the right to block access from a particular Internet address to any of the Service’s Web Sites and their features.

ONLINE PRIVACY RIGHTS

I. YOUR ONLINE PRIVACY RIGHTS

Representyou.com, Inc. Doing business as (dba) RepresentYou.com ® (the “Service”) created this Online Privacy Policy (“Privacy Policy”) to give you confidence as you visit and use the Service’s Web site, located at www.representyou.com (the “Web site”) and to demonstrate our commitment to the protection of your privacy. This Privacy Policy is only applicable to the Web site, and not to any other Web sites that you may be able to access from the Web site, each of which may have data collection and use practices and policies that differ materially from this Privacy Policy. By using the Service’s Web site, you are agreeing to the terms of the Privacy Policy.

II. NOTIFICATION OF PRIVACY POLICY CHANGES

We reserve the right to change the Privacy Policy at any time. If we decide to revise the Privacy Policy, we will post a notice at least thirty days prior to making any material changes. If we make material changes to this policy, we will post them on terms of use page and that will constitute immediate notice to your continued use of the Web site, including use after the posting of any changes to these terms, will be deemed acceptance by you of the Privacy Policy.

III. INFORMATION COLLECTION PRACTICES

You can visit the Web site to read information about our Service without telling us who you are although information is automatically collected (see Automatic Collection).

In operating the Web site, the Service includes optional information request forms such as White Paper or Webinar Request forms, Newsletter subscription forms, and general contact request forms that request your name, company, title, phone number, email address, URL, address and other information to help us determine your needs related to our Service and in order for you to download or view documents or other information through the Service’s Web site. We use this information to send updates about the Service and to contact you if requested or necessary. The Service also collects information about the status and outcome of your case and the Attorney’s fees collected by Panel Member Attorneys. Depending upon your request, the Service may also ask for additional information, such as how you heard about us. This information is provided by you on a voluntary basis only and is not required by us in order for you to use and enjoy the Web site. The Service uses the information that we collect on the Web site to contact you to further discuss your interest in the Service, our services, and to send information regarding our Service, affiliated companies or partners, such as marketing promotions and events. This information may also be used to improve the services we provide you. We use this information to improve the way that we provide our lawyer referral services, to relay administrative information, and to verify login information. The information is collected and stored in a manner that is appropriate for the nature of the data that we collect, and the need to fulfill your request. The Service does not share, sell, rent, or trade personal identifying information with third parties for their promotional purposes.

IV. AUTOMATIC COLLECTION

Our servers automatically recognize visitors’ IP addresses (the number assigned to computers on the Internet), domain names, and the activity of the visitor’s browser when the visitor is viewing the Web site; the site path of visitors; the time visitors come to the Web site and length of visit. No personal information about you is revealed in the process. The Web site may also gather anonymous traffic data that does not personally identify you, but that may be helpful for marketing purposes or for improving the services we offer and the Service reserves the right to publish such anonymous, aggregate summary information regarding its visitors for promotional purposes.

The Service uses “cookies” and “web beacons” Google Analytics and other methods to collect data. A cookie is a small text file containing a random and unique identifier that either the Service or its third party web analytics provider on behalf of the Service transfers to your computer’s hard drive through your web browser (unless you set your browser to reject cookies) that enables the Service or its third party web analytics provider’s system to recognize your browser. The Service uses cookies to track your movement through the Web site and verify the login status of client using products or services linked directly within the Service’s Web site. Cookies web beacons and other tools are also used to track point of entry to point of registration for those users participating in our affiliate signup programs or to track and measure the success of a particular marketing campaign. Neither the Service nor their third party web analytics providers store any personally identifiable information in cookies. Web beacons (also known as clear gifts) are typically a transparent graphic image (usually 1 pixel x 1 pixel) that is placed on a site and are used by the Service and its third party web analytics provider in combination with cookies to help us understand how you use and interact with the Service Web site. We use web beacons to measure visitor behavior and where the visitor came from to help us improve visitor experience track advertisements, and to manage site content. Google Analytics is a free service offered by Google that generates detailed statistics about the visitors to a website.

You may opt out of receiving future mailings; see the Updating and Choice/Opt-out section below. When you receive an updated profile form, that information comes from our database.

V. SECURITY AND PRIVACY

The Service takes care to reinforce the importance of our web site visitors’ security and privacy among our employees. The Service requires unique usernames and passwords that must be entered each time a user logs on to the Service’s client interface. These safeguards help prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of all data. The bottom line is that data security is paramount. Although the Service has taken necessary measures to protect both the privacy of the visitors to this web site, we are not responsible for any information obtained by unauthorized intrusion to this web site on our databank. We’re constantly reevaluating and deploying new technologies to enhance our security.

In order to accommodate changes in our business, we may sell or buy portions of our company or other companies or assets. In such transactions, visitor information may be one of the transferred assets. In the event that all or substantially all of the Service’s assets are acquired in a transaction, our visitor information may be an asset that is reviewed and transferred. Such a transaction will be disclosed per the “Notification of Privacy Policy Changes” guidelines above. Also, as with the data we collect on behalf of our clients, we reserve the right to disclose any data we collect at our Web site if required by law or valid order of a court or other governmental authority or to protect the health and safety of the Service’s employees or the general public.

The Service is not responsible for the privacy practices or the content of any other web sites to which we link. We encourage our visitors to read the privacy statements of each and every web site that they visit.

We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

VI. TESTIMONIALS

We post customer testimonials on our web site which may contain personally identifiable information such as the customer’s name. We do obtain the customer’s consent prior to posting the testimonial to post their name along with their testimonial.

VII. LINKS TO OTHER SITES

This Web site contains links to other sites that are not owned or controlled by the Service. Please be aware that we, the Service, are not responsible for the privacy practices of such other sites. We encourage you to be aware when you leave our site and to read the privacy statements of each and every Web site that collects personally identifiable information. This privacy statement applies only to information collected by this Web site.

VIII. LEGAL DISCLOSURE

We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our Web site or Service.

IX. CONTACTING US

If you have any questions about this privacy statement or this web site, please contact us directly:

traceykagan@traceykaganlaw.com