Terms Of Use

The Injury Guide

Terms And Conditions

Agreement between User and The Injury Guide

(1)The Web Site is offered to you conditioned on your acceptance without modification of the terms and conditions set forth in these “Terms of Use.”  If you choose to use this Site, you thereby agree to abide by all such terms and conditions.

(2)The Injury Guide has established this web site for your convenience.  The information provided on this web site is general in nature and not intended to be a complete listing of all laws, regulations, and policies of personal injury law.  The information is not, nor is it intended to be, legal or other professional advice.  Visitors to this and other sites in The Injury Guide network should not act or rely upon information contained in these materials without specifically seeking professional advice.

MODIFICATION OF THESE TERMS OF USE

(3)The Injury Guide reserves the right at any time to modify or discontinue, temporarily or permanently, this or any other network web site or to change the terms and conditions under which the web site is offered, with or without notice.  You agree to be responsible for regularly reviewing these terms and conditions.  In addition, you agree that The Injury Guide, its officers, departments, officials and employees are not liable to you or to any third party for any modification, suspension or discontinuance of this or any other The Injury Guide website.  THE INFORMATION ON THIS WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE.

(4)The Injury Guide may gather, process and use information and materials received from you (e.g., name, physical address, e-mail address) or collected through your use of the Web Site for any lawful reason or purpose. This includes the use of analytics tools and other similar programs.

(5)The Injury Guide reserves the right, at its sole discretion, from time to time to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time. Notification of changes in the Agreement will be posted on the Web Site.

(6)The website, including the information, artwork, text, videos, graphics, images, pictures, audio and other materials (collectively known as the “Content”) contained thereon, is protected by one or more copyrights pursuant to U.S. copyright laws, international conventions and other intellectual property laws. You will abide by any and all copyright notices, trademark notices, ownership information or restrictions contained in any Content on the Web Site. You may download and make copies of the Content and other downloadable items displayed on this Web Site, provided that you maintain all copyright and other notices contained in such Content. Copying or storing of any Content on the Web Site for reproduction, redistribution or publication to third parties for commercial purposes is expressly prohibited without prior written permission from The Injury Guide. All rights to The Injury guide's copyrighted materials not expressly granted herein are reserved by The Injury Guide.

(7) The Injury Guide, at its sole discretion, may change, suspend or discontinue any aspect of the Web Site at any time, including the availability of any Web Site feature, database or Content. The Injury Guide may also impose limits on certain features and services or restrict your access to parts or all of the Web Site without notice or liability.

(8) You represent, warrant and covenant that you shall not upload, post or transmit to or distribute or otherwise publish through the Web Site any materials which: (i) restrict or inhibit any other user from using and enjoying the Web 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 any law or governmental regulation; (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 or destructive elements; (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.

(9) You hereby agree to defend, indemnify and hold harmless The Injury Guide, and all its officers, directors, agents, employees, information providers, affiliates, licensors and licensees from and against any and all liabilities, claims, penalties, losses, damages, cost and expense (including court costs and reasonable attorney's fees, interest expense and amounts paid in compromise or settlement), suits or actions arising out of or resulting from any breach by you of this Agreement, including the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any claim.  The Injury  reserves the right 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 Injury Guide.

(10) The Web Site may contain hypertext links and pointers to the other World Wide Web Internet sites and resources operated and controlled by parties other than The Injury Guide. Links to and from the Web Site to such third party sites do not imply or constitute an endorsement by The Injury Guide of any third party material or contents and The Injury Guide does not assume any responsibility or liability for said third party materials or contents. 

(11) The Injury Guide does not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed or distributed through the Web Site. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. The Injury Guide reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Web Site.

(12) The Injury Guide reserves 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 Injury Guide's sole discretion are objectionable or in violation of this Agreement.

(13) THE INJURY GUIDE WEB SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEB SITE, IS PROVIDED ON AN "AS IS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE INJURY GUIDE MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEB SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE WEB SITE, FOR ANY HYPERTEXT LINKS TO THIRD PARTY WEB SITES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEB SITE OR ANY LINKED SITE. FURTHER, THE INJURY GUIDE DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE INJURY GUIDE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED, ERROR FREE OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE INJURY GUIDE WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE INJURY GUIDE SHALL NOT BE LIABLE FOR THE USE OF THE WEB SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE INJURY GUIDE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR ACCESS TO THE WEB SITE OR FOR ANY INFORMATION OBTAINED THROUGH THE WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE INJURY GUID OR ANY OF ITS AGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND THEREFORE THE PRECEEDING LIMITATION MAY NOT APPLY TO YOU.

LINKS TO THIRD PARTY SITES

(14)This site may contain links to other web sites.  Because The Personal Injury Guide has no control over such sites and resources, you acknowledge and agree that The Injury Guide is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that The Injury Guide shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance upon any such content, goods or services available on or through any such site or resource.  In addition, The Injury Guide is not responsible for any link contained in a linked web site, any changes or updates to a linked web site or for webcasting or any other form of transmission received from any such site. The Injury Guide is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by The Injury Guide of the site or any association with its operators. 

NO UNLAWFUL OR PROHIBITED USE

(15)As a condition of your use of this site, you warrant to the The Injury Guide that you will not use the site for any purpose that is unlawful under any state, federal or local law or prohibited by these terms and conditions.   You may not use the site in any manner that could damage, disable, overburden, or impair this or any other network sites or interfere with any other party's use and enjoyment of this or any other network site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this or any other network site.

(16)Anyone using this system consents to monitoring by system, security or law enforcement personnel.  The Injury Guide reserves the right to restrict or remove any and all users or content that The Injury Guide determines, in its sole discretion, is harmful to its systems, network, reputation, good will, other users, or any third party.

(17) You acknowledge that Communications involving the Web Site are not confidential and that Communications may be read or intercepted by others. You acknowledge that by submitting Communications to The Injury Guide, no confidential, fiduciary, contractually implied or other relationship is created between you and The Injury Guide other than pursuant to this Agreement.

(18) THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. YOU HEREBY AGREE AND CONSENT THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE STATE OF FLORIDA.

(19) The Injury Guide has a long standing policy that does not allow it to accept or consider creative ideas, suggestions or materials other than those which have been specifically requested or otherwise affirmatively solicited by The Injury Guide in writing. It is the intent of this policy to avoid possible misunderstandings as to the ownership of creative ideas, concepts, suggestions or materials. If you send any creative materials, suggestions, ideas, notes, drawings, concepts or other information (collectively known as the "Information") to The Injury Guide in printed form, electronic means or otherwise, the Information shall be deemed to be the property of The Injury Guide and shall not be subject to any obligations of confidence, non-disclosure or non-usage. The Injury Guide is hereby entitled to unrestricted usage of the Information on a worldwide basis without compensation to the provider of the Information on a worldwide basis without compensation to the provider of the Information.

(20) This Agreement constitutes the entire agreement between The Injury Guide and you with respect to your use of and access to the Web Site. This Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and The Injury Guide with respect to the Web Site. Use of the Web Site is unauthorized in any jurisdiction that does not give effect to all of the terms and conditions of this Agreement. Any cause of action you may have with respect to your use of and access to the Web Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give legal effect to the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement or the Web Site to the same extent and subject to the same conditions as other business documents and records generated and maintained in printed form by The Injury Guide. The failure of The Injury Guide to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor bar The Injury Guide’s right to enforce the provision.

(21) THE INJURY GUIDE MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THIS OR ANY OTHER NETWORK SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE INJURY GUIDE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

(22) THE INJURY GUIDE IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ANY OTHER DAMAGES, INCLUDING ATTORNEYS FEES, WHATSOEVER.  SUCH DAMAGES INCLUDE BUT ARE NOT LIMITED TO DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE INJURY GUIDE SITES, ARISING FROM DELAY OR INABILITY TO USE THE INJURY GUIDE OR NETWORK SITES OR RELATED SERVICES, RELATED TO THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR RESULTING FROM ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THIS OR ANY OTHER NETWORK SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS OR ANY OTHER NETWORK SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.  IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE.

(23) All information available from this service may be protected under the United States and foreign copyright laws.  Permission to reproduce may be required.  The Injury Guide retains all rights to the information provided by this service, including, but not limited to, the right of distribution. 

(24) All copyrighted contents of this site shall contain an appropriate copyright legend.  For those materials whose copyright is owned by The Injury Guide of Florida, the legend shall be “Copyright © 2007.